Missouri
School Administrator Coalition
Education Bills List – 3-12-2021
HB27 - Modifies requirements for meeting notices and minutes of open meetings
Sponsor - Rep. Sara Walsh (R)
Summary - This bill requires posting notice, required under Section 610.020, RSMo, of the Open Records Law commonly known as the Sunshine Law, of meeting times, dates, places, and agendas as well as minutes of open meetings on a public governmental body's website and social media pages.
In addition, public governmental bodies must post proposed and adopted rules, ordinances, laws, or regulations on their website and social media pages within 24 hours after the meeting at which they are proposed or adopted exclusive of weekends and holidays.
Sponsor - Rep. Sara Walsh (R)
Summary - This bill requires all public employee retirement systems and quasi-governmental entities to report such system's or entity's employees' salaries and any incentive pay to the Missouri government accountability portal in the same manner as all state departments and agencies report.
This bill is the same as HB 2476 (2020).
HB35 - Modifies provisions relating to required immunizations
Sponsor - Rep. Suzie Pollock (R)
Summary - The bill prohibits any public school, public institution of higher education, or public daycare center from adopting a policy that would:
(1) require immunizations that are not required under state law or rule; or
(2) require a student who is exempted from receiving immunizations to receive an immunization. The bill also prohibits a municipality or county from requiring a school, public institution of higher education, or daycare to adopt these policies.
HB37 - Modifies provisions relating to immunizations
Sponsor - Rep. Suzie Pollock (R)
Summary - This bill makes changes to existing statute regarding immunization requirements.
Under current law, immunization requirements apply to children attending private, parochial, or parish schools. This bill removes such schools from immunization requirements, and instead applies immunization requirements to just public schools.
The bill prohibits the Department of Health and Senior Services from promulgating rules regarding immunization requirements for any immunization not specifically listed in the bill.
The bill allows a student to attend school if he or she can provide evidence of acquired immunity.
The bill clarifies that a student at a public elementary or secondary education school, a public institution of higher education, or a daycare can attend school by submitting a written religious or conscientious belief statement or submitting a religious or conscientious belief exemption form developed by the Department; the school or daycare cannot require any additional conditions before accepting the exemption. The bill requires the Department to create an informational brochure that outlines the process for obtaining an exemption to immunization requirements. The Department must also develop a standard religious or conscientious belief exemption form. The brochure and form must be available on the Department's website.
Under current law, students of public institutions of higher education residing in on-campus housing are required to get a meningococcal vaccine. This bill changes that requirement to require the vaccine only for students living in publicly-owned property.
Under current law, immunization requirements apply to a child attending private or parochial daycare centers, preschool, or nursery schools caring for 10 or more children. This bill removes such schools from immunization requirements, and instead applies the requirements just to public daycare centers, preschools, or nursery schools (regardless of the number of children).
Current law also requires immunizations for such children against any preventable childhood illness specified by the Department; this bill changes the immunization requirement to the same illnesses required to be vaccinated against for public school children.
The bill states that for purposes of child abuse, "abuse" and "neglect" does not include a decision to not immunize a child.
Under current law, a child who does not receive medical treatment for the sole reason of the legitimate practice of religious beliefs of the child's parents cannot be found to be an abused or neglected child. The bill says that a child not receiving immunizations due to religious or conscientious beliefs of the child's parents, cannot be a contributing factor for a finding of abuse or neglect. Additionally, a child not receiving immunizations cannot be a contributing factor in the Children's Division's decision to accept a report of abuse or neglect or to investigate or conduct a family assessment.
The Board of Registration of Healing Arts, within the Department of Commerce and Insurance, cannot initiate a contested hearing or refuse to issue or renew a license on the basis of or in retaliation for any health care provider licensee or applicant providing a medical immunization exemption statement or certification.
A health care provider cannot deny life-saving treatment to a child under 18 on the basis of the child not being immunized if the child has an immunization exemption for medical reasons or due to religious or conscientious beliefs.
This bill is similar to HB 2380 (2020) and HCS HB 711 (2019).
Sponsor - Rep. Richard Brown (D)
Summary - This bill repeals Section 21.750, RSMo, in which the General Assembly preempted the entire field of firearms regulation. Political subdivisions will now be able to regulate firearms in any manner allowed by state and federal law and that is consistent with their police powers or charter.
This bill is the same as HB 1261 (2020).
Sponsor - Rep. Sarah Unsicker (D)
Summary - This bill specifies that a recorder of deeds cannot accept for recording any deed or instrument by which any interest in residential, commercial, or industrial real property within the state can be granted, assigned, transferred, or otherwise conveyed to or vested in any person unless the deed or instrument indicates, in a manner to be determined by the State Tax Commission, that a completed certificate of value has been delivered to the Assessor. The certificate of value form must report specified information including the amount of the full actual consideration paid or to be paid, whether the transaction was at arm's length, and the actual or intended use of the property. A $10 filing fee is required.
Information contained in a certificate of value must be made available to the Commission for developing ratios as required in Chapter 163, RSMo, and for other statistical purposes or public proceedings. The Assessor is allowed to use the information for statistical purposes in implementing a general reassessment plan or an assessment and equalization maintenance plan. The required financial data need not be provided on a certificate of value for a transfer of title or other interest in residential, commercial, or industrial real property under specified situations.
The bill becomes effective January 1, 2022.
This bill is the same as HB 1278 (2020) and HB 63 (2019).
Sponsor - Rep. Sarah Unsicker (D)
Summary - This bill expands the current definition of "qualified higher education expenses" for Sections 166.400 to 166.455 and for Sections 166.500 to 166.529, RSMo, to include amounts not exceeding $10,000 that are paid as principal or interest on any qualified education loan incurred by the beneficiary or a sibling of the beneficiary to pay for the costs of attendance at an institution of postsecondary education. This will align the Missouri statute definitions relating to the "Missouri Higher Education Deposit Program" with the recently passed federal SECURE Act of 2019.
This bill is similar to HB 2478 (2020).
Sponsor - Rep. Adam Schnelting (R)
Summary - Currently, it is a crime to board a bus with a dangerous or deadly weapon or carry such a weapon in a terminal. This bill allows a concealed carry permit holder to lawfully carry firearms on public transportation, as defined in the bill. Anyone with a permit may also carry a firearm while traveling by bus. A person with or without a permit may transport a firearm in a non-functioning state by bus if ammunition is not available. This bill does not apply to property of Amtrak or any partnership in which Amtrak engages.
This bill is the same as HB 51 (2020 1st Extraordinary Session).
HB53 - Creates the Governor's Patriotism Advisory Commission
Sponsor - Rep. Adam Schnelting (R)
Summary - This bill establishes the "Governor's Patriotism Advisory Commission" comprised of seven members appointed by the Governor with the task of promoting the implementation of education and awareness programs that will increase awareness of the history and principles of the United States. The Commission's duties include; reporting to the Governor, developing a "Governor's Patriot Award", and advising state departments and agencies with regard to "patriotic education" as defined in the bill. The Department of Education and Secondary Education will provide funding and administrative support for the Commission which will terminate August 28, 2023 unless extended by the Governor.
Sponsor - Rep. Patricia Pike (R)
Summary - This bill requires the State Board of Education to amend the existing health or physical education academic performance standards, learning standards, and curriculum frameworks to include instruction on the use and evidence based effect of vapor products as defined in Section 407.925, RSMo.
This bill adds tobacco and vapor products to the definition of drugs used in Sections 161.500 to 161.508 known as the "Drug Free Schools Act".
This bill is similar to HB 1808 (2020).
HB64 - Modifies provisions relating to the cost of serving high-needs students
Sponsor - Rep. Patricia Pike (R)
Summary - Currently, the Department of Elementary and Secondary Education (DESE) will reimburse school districts for the costs of special education for high-needs children with an Individualized Education Program (IEP) exceeding three times the current expenditure per average daily attendance as calculated on the District Annual Secretary of the Board Report for the year in which the expenditures are claimed. This bill states that any money reimbursed to a school district, with 500 or less students, is excluded from such calculation.
This bill specifies that a school district shall submit the cost of serving any high-needs student with an IEP to DESE.
This bill is similar to HB 2544 (2020) and as HCS HB 957 (2019).
HB66 - Changes the laws regarding taxation of aircraft
Sponsor - Rep. Patricia Pike (R)
Summary - This bill increases the number of hours of operation per year a noncommercial aircraft at least 25 years old can fly from less than 50 hours to less than 100 hours in order to be assessed and valued at 5% of the aircraft's true value for property tax purposes.
This bill is the same as HB 1284 (2020) and HB 1205 (2019).
Sponsor - Rep. Chris Dinkins (R)
Summary - This bill specifies that no person shall operate a motor vehicle within a school zone, construction zone, or work zone while using a wireless communication device to make or take part in a phone call or to send, read, or write a text message or electronic message unless the device is equipped with technology allowing for handsfree operation or for voice-recognition hands-free texting and is being used in such manner.
This bill is similar to HB 1304 (2020).
HB74 - Establishes the "Joint Committee on Media Literacy"
Sponsor - Rep. Jim Murphy (R)
Summary - This bill establishes the "Joint Committee on Media Literacy" comprised of 14 members; three to be appointed by the Speaker of the House of Representatives, three appointed by the President Pro Tem of the Senate, and eight members appointed by the Governor as outlined in the bill.
The purpose of the Committee shall be to conduct a study on teaching "media literacy", the set of skills required to critically assess, analyze, create, and participate in the information and media environment in all of its formats including, but not limited to, advertising, film and television, journalism, music and radio, magazine and book publishing, websites, and mobile applications.
The Committee will meet at least once during each legislative session, and organize as outlined in the bill. The Committee shall also complete and submit a final report to the Governor, the Speaker of the House of Representatives, and the President Pro Tem of the Senate, which shall include recommendations and guidance on best practices as outlined in the bill by February 1, 2022.
The Department of Elementary and Secondary Education shall develop a plan for implementation of instruction in media literacy skills based on the Committee findings before July 1, 2022.
This bill is similar to HB 1402 (2020).
HB75 - Modifies provisions relating to public health
Sponsor - Rep. Jim Murphy (R)
Summary - This bill provides time limited authority for political subdivisions to order closures of businesses, churches, schools, or other public gatherings for reasons of public health or safety.
A public official is authorized to order closure for up to 15 days, then for a second period of up to 15 days upon approval of the government entity's legislative body. The order closure may be extended an addition 10 days at a time up to three times upon a 2/3's vote of the governmental entity's legislative body. After three extentions of 10 days any additional 10 day extention shall be upon unanimous approval of the government entity's legislative body.
This bill contains an emergency clause.
This bill is similar to HB 29 (2020 1st Extraordinary Session).
Sponsor - Rep. Jerome Barnes (D)
Summary - A person commits the offense of harassment of a school or recreation athletic contest official if the harassment occurs while the official is actively engaged in the conducting, supervising, refereeing, or officiating of a school-sanctioned athletic contest or a sanctioned recreation athletic contest, or in the immediate vicinity of a school-sanctioned athletic contest or a sanctioned recreation athletic contest and is based on the official's performance in conducting, supervising, refereeing, or officiating of an athletic contest.
A person who commits the offense of harassment of a school or recreation athletic contest official will be fined no more than $500, imprisoned for no more than 90 days, or both. In addition, the person will be ordered to perform court-approved community service work and to participate in a court-approved counseling program.
A person commits the offense of entry or remaining on site of a school or recreation athletic contest if the person, without authority, goes into or upon or remains in or upon, or attempts to go into or upon or remain in or upon, any immovable property that is used for any school or recreation athletic contest after having been forbidden to do so by any owner, lessee, or custodian of the property or by any other authorized person. A person who commits this offense will be fined no more than $500, imprisoned for no more than six months, or both.
This bill is the same as HB 1803 (2020).
HB79 - Expands the definition of special victim to include sports officials at a sporting event
Sponsor - Rep. Jerome Barnes (D)
Summary - This bill expands the definition of "special victim" under Section 565.002, RSMo, to include sports officials at a sporting event while performing their duties as sports officials.
This bill is the same as HB 1570 (2020)
Sponsor - Rep. Jerome Barnes (D)
Summary - This bill requires all licensed child care facilities to report annually to the Department of Health and Senior Services whether the facility has liability insurance coverage and provide proof of such coverage, if applicable. The Department shall include the information on its website and provide the name, address, and telephone number of the facility's liability insurance carrier upon request.
This bill is similar to HB 1571 (2020) and HB 315 (2019).
HB83 - Modifies penalties relating to criminal offenses involving the custody of children
Sponsor - Rep. Marlene Terry (D)
Summary - Under current law, the offense of interference with custody is a class A misdemeanor unless the person taken or enticed away from legal custody is removed from the state, in which case it is a class E felony. This bill increases the penalties from a class A misdemeanor to a class E felony and from a class E felony to a class D felony.
Under current law, the offense of parental kidnapping is a class E felony, unless it is committed by detaining or concealing the whereabouts of the child for between 60 and 119 days, in which case it is a class D felony. This bill changes the penalties from a class E felony to a class D felony and from a class D felony to a class C felony.
Sponsor - Rep. Jered Taylor (R)
Summary - The bill establishes the "Second Amendment Preservation Act", which:
(1) Declares that laws, rules, orders, or other actions which restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within this state exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating land and naval forces of the United States or for organizing, arming, and discipling militia forces actively employed in the service of the United States Armed Forces;
(2) Declares that all federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution must be invalid in this state, including those that impose a tax, levy, fee, or stamp on these items as specified in the bill; require the registration or tracking of these items or their owners; prohibit the possession, ownership, use, or transfer of a firearm; or order the confiscation of these items;
(3) Declares that it must be the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms and that no person, including a public officer or state employee of this state or any political subdivision of this state, can have authority to enforce or attempt to enforce any federal laws, orders, or rules infringing on the right to keep and bear arms; and
(4) Specifies that any entity or person who knowingly acts under the color of any federal or state law to deprive a Missouri citizen of the rights or privileges ensured by the federal and state constitutions to keep and bear arms must be liable to the injured party for redress. Reasonable attorney fees and costs may be awarded to the prevailing party with specified exceptions. The employer of the individual who is found liable is responsible for the civil penalty, attorney's fees, and court costs associated with the litigation if the individual is found to have violated this act. Government entities may not recover under this act. Qualified immunity shall not be a defense.
This bill contains a severability clause.
This bill is similar to HB 1637 (2020).
HB86 - Modifies provisions relating to the concealed carrying of firearms
Sponsor - Rep. Jered Taylor (R)
Summary - This bill makes changes to the list of locations an individual can carry a concealed firearm within this state and the list of locations an individual with a concealed carry permit can carry a concealed firearm within the state. This bill also prohibits the state, political subdivisions, and public institutions of higher education from imposing any policies or contractual requirements that would have the effect of prohibiting employees or students from the carrying of concealed firearms into locations where concealed carry is not otherwise prohibited by law.
No changes have been made to the penalties for carrying a concealed firearm in locations prohibited under these sections.
This bill is similar to HB 1638 (2020).
HB87 - Enacts right-to-work provisions relating to labor organizations and workers
Sponsor - Rep. Jered Taylor (R)
Summary - This bill prohibits employers from requiring employees to join or refrain from joining a labor organization, requiring employees to pay any money to a labor organization, or requiring employees to pay any charity or third party the equivalent of money required to be paid by members of a labor organization. Any current agreement between an employer and labor organization contrary to this provision is exempted from these restrictions, but such restrictions shall apply to any current agreement that is later renewed, extended, amended, or modified.
Anyone violating a provision of the bill, or directing another to violate a provision, will be guilty of a class C misdemeanor, and any person injured as a result of a violation or threatened violation of the provisions of the bill may recover all resulting damages, including costs and reasonable attorney fees, and will be entitled to injunctive relief against any violator or person threatening a violation.
The prosecuting attorney, circuit attorney, or Attorney General of this state shall investigate and prosecute complaints of violations or threatened violations.
HB88 - Modifies provisions relating to paycheck deductions for public labor organizations
Sponsor - Rep. Jered Taylor (R)
Summary - Currently, a public body may withhold fees from public employee paychecks to pay labor organization dues, agency shop fees, or any other fees paid to a labor organization only upon the annual consent of such public employee. Annual consent is also required for labor organizations to use such fees or dues for political purposes.
This bill requires any such authorization to be submitted to the Department of Labor and Industrial Relations, along with clear and compelling evidence that the authorization was freely given. The Department is required to create and maintain an electronic database that allows any public employee to submit or revoke any authorization. Any authorization change will take effect at the beginning of the succeeding pay period.
This bill is the same as HB 2341 and SB 701 (2020).
Sponsor - Rep. Jered Taylor (R)
Summary - Currently, contractors and subcontractors working on public works projects are required to pay employees the prevailing wage for the particular locality in which the project is being completed. This bill repeals such prevailing wage laws.
HB91 - Changes the date on which property taxes become delinquent
Sponsor - Rep. Jered Taylor (R)
Summary - This bill moves the delinquency date of real and personal property taxes to the first day of March.
This bill is similar to HB 2457 (2020).
HB93 - Changes provisions governing school superintendent salaries and residency requirements
Sponsor - Rep. Jered Taylor (R)
Summary - This bill requires that any contract or employment agreement entered into by a school district with a superintendent must not have a total compensation exceeding three and one-half times the average total compensation provided to all teachers who are employed full time by the school district. The bill also requires superintendents to live within the boundaries of the school district, as specified in the bill.
This bill is similar to HB 2564 (2020).
Sponsor - Rep. Jered Taylor (R)
Summary - This bill prohibits the State Board of Education from making any substantive changes to any assessment test developed in accordance with Section 160.518, RSMo, and from eliminating its administration until schools have administered the test to students for five consecutive years unless such revision or elimination of a test is required in order to comply with federal law.
This bill is similar to HB 1642 (2020) and HB 264 (2019).
HB97 - Modifies provisions regarding the expungement of records
Sponsor - Rep. Mark Sharp (D)
Summary - This bill modifies provisions regarding the expungement of records.
INFORMATION FROM THE MISSOURI CENTRAL REPOSITORY
This bill specifies that the sheriff of any county or the City of St. Louis and judges of the circuit courts may make available to expungement clinics or legal aid organizations information obtained from the Missouri Central Repository.
Additionally, this bill adds that pro-bono clinics and legal aid organizations seeking to expunge criminal records of petitioners at no-charge, shall have access to all criminal history information in the possession or control of the Missouri Central Repository, except for criminal intelligence and investigation. In this situation, pro-bono clinics and legal aid organizations shall not be subject to provisions provided in the bill regarding the deletion of uniquely identifiable criminal history information of individuals.
EXPUNGEMENT OF CRIMINAL RECORDS
The bill specifies that offenses, violations, or infractions are committed as part of the "same course of criminal conduct” for purposes of expungement petitions if the offenses, violations, or infractions:
(1) Arose under the same criminal statute;
(2) Involve conduct that is the substantial equivalent of any offense, violation, or infraction sought to be expunged; or
(3) Occur within a time period suggesting a common connection between the offenses, not exceeding one year. Currently, certain offenses, violations, and infractions are not eligible for expungement.
This bill adds the offenses of forgery, defrauding secured creditors, and mortgage fraud as to the offenses that are eligible for expungement.
Additionally, this bill changes the provision regarding any offense of unlawful use of weapons as not eligible for expungement to any "felony" offense of unlawful use of weapons is not eligible.
This bill adds to the provisions regarding the evidence the court may consider and hear. The bill specifies that the court may hear testimony regarding violations of registration and licensing of motor vehicles, drivers' and commercial drivers' licenses, motor vehicle financial responsibility law, traffic regulations, and vehicle equipment regulations.
This bill repeals the provision that a court can make a determination at the hearing based solely on a victim's testimony.
This bill provides that, starting on January 1, 2022, before the Missouri Central Repository releases a record to an individual or noncriminal justice agency, it shall extract from the record all notations of arrests, indictments, or other information relating to the initiation of criminal proceedings where:
(1) Three years have elapsed from the date of arrest;
(2) No disposition is indicated in the record; and
(3) Nothing in the record indicates that proceedings seeking conviction remain pending.
Finally, currently, a person who has been granted an expungement of records pertaining to a misdemeanor or felony offense, an ordinance violation, or an infraction may answer "no" to an employer's inquiry into whether the person has ever been convicted of a crime.
This bill modifies the provision to include any person who has ever been arrested, charged, or convicted of a crime may answer "no" to an employer's inquiry (Section 610.140, RSMo).
This bill is similar to HB 2636 (2020).
HB98 - Modifies residency requirements for the "A+ Schools Program."
Sponsor - Rep. Mark Sharp (D)
Summary - This bill lowers the residency requirements for students to become eligible for an A+ grant from 2 years to 1 year.
This bill is similar to HB 2107 (2020).
HB101 - Modifies provisions governing workforce development in elementary and secondary education
Sponsor - Rep. Bradley Pollitt (R)
Summary - This bill provides a definition for a "school innovation team" and for a "school innovation waiver" and allows school innovation teams to submit a plan to the State Board of Education (SBE) for a state innovation waiver for a variety of purposes as outlined in the bill.
Plans submitted to the SBE must include the provision of law for which the waiver is being requested, as well as demonstrate the necessity of the waiver, provide measurable performance targets and goals, and demonstrate support for the plan, along with additional requirements as provided in the bill.
The bill provides the SBE specific criteria for the evaluation of submitted plans and permits the SBE to make modifications to the plan with the cooperation of the school innovation team.
School innovation waivers are only effective for three years beginning the school year following the approval and may be renewed. Only one waiver may be in effect per school at a time, and specific restrictions to statutory requirements relating to school start date, teacher certification, teacher tenure, or any requirement imposed by federal law, are applicable (Section 161.214, RSMo).
The bill increases the state school funding for attendance of a student enrolled in a virtual class from 94% to 95% (Section 162.1250).
The bill expands the definition of average daily attendance to include pupils that are between the age of three to five and meet the criteria set forth in the bill (Section 163.018).
Currently, Individual Career and Academic Plans (ICAP) are optional. This bill requires students to develop an ICAP which must be reviewed annually, by school personnel and the student's parent or guardian. The ICAP must now include a declaration of a student's postsecondary plan (Section 167.903). This bill requires students in public and private schools to complete the Free Application for Federal Student Aid (FAFSA) before being eligible for a certificate of graduation. Exemptions to this requirement include enlistment in the Armed Forces, or parental consent (Section 167.907).
The bill requires the Department of Higher Education and Workforce Development (DHEWD) to establish a procedure for high school students enrolled in career and technical education programs to complete an application for aid through the Employment and Training Administration of the United States Department of Labor under the federal Workforce Innovation and Opportunity Act.
The bill requires the Department of Elementary and Secondary Education (DESE) to ensure that by the 2021-22 school year 50% of DESE area career centers have the means and capability to allow students to complete the application for aid. The percentage increases to 70% for the 22-23 school year, 90% for the 2023-24 school year, and by the 2024-25 school year and thereafter DESE will ensure that 100% of the area career centers will have the means and capability to allow students to complete the application (Section 167.908).
Currently, a retired certificated or uncertified teacher receiving a retirement benefit may be employed full time for two years without losing their benefit. This bill would extend the time period to four years if the school district demonstrates a shortage.
The bill allows a retired teacher to be employed as a superintendent if they meet qualifications set forth in the bill.
The total number of retired members working for a school district shall not exceed, at any one time, the lesser of 10% of the total number of employees for that district or 10 employees (Section 169.141).
Section 169.596 has a delayed effective date of January 1, 2022 and Section 167.903 has an effective date of July 1,2022. This bill is similar to HCS HB 2174 (2020).
HB102 - Expands the definition of special victim to include sports officials at a sporting event
Sponsor - Rep. Bradley Pollitt (R)
Summary - This bill expands the definition of "special victim" under Section 565.002, RSMo, to include sports officials at a sporting event while performing their duties as sports officials.
This bill is the same as HB 1809 (2020) and HB 319 (2019).
HB103 - Prohibits the use of a hand-held wireless communication device within a school zone
Sponsor - Rep. Bradley Pollitt (R)
Summary - This bill specifies that no person shall operate a motor vehicle within a school zone while using a wireless communications device to make or take part in a phone call or to send, read, or write a text message or electronic message unless the device is equipped with technology allowing for hands-free operation or for voicerecognition hands-free texting and is being used in such manner.
This bill is the same as HB 1847 (2020).
Sponsor - Rep. Gretchen Bangert (D)
Summary - This bill requires that firearms beings transported or stored in a motor vehicle be unloaded and stored in a locked trunk or locked container. The bill allows loaded handguns to be transported within the cabin of a motor vehicle as long as they are not left unattended. Anyone who violates this provision shall be guilty of a class B misdemeanor. Any person that transports or stores in a motor vehicle, outside of a locked container or locked trunk, a loaded, concealed firearm, commits the offense of unlawful use of a weapon and is guilty of a class B misdemeanor. The bill makes exceptions for certain individuals if the concealable firearm is in the passenger compartment of the vehicle, is lawfully possessed, and the firearm is a handgun under the direct control of the person carrying the firearm, the person is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, the person and motor vehicle are in the person's dwelling unit or premises, or the person is traveling on a continuous journey peaceably through this state.
This bill is similar to HB 1267 (2020).
HB106 - Establishes qualifications for substitute teachers
Sponsor - Rep. Gretchen Bangert (D)
Summary - This bill creates qualifications for substitute teaching; including a high school diploma or GED, successful completion of a competency test, a classroom management course, and completion of a criminal background check.
The competency test and classroom management courses shall be developed by the Department of Elementary and Secondary Education (DESE) or the particular school district for which the individual desires to substitute.
The bill provides for certificate renewal annually by completing a new criminal background check and participating in at least one hour of professional development training.
This bill is similar to HB 2727 (2020).
HB107 - Establishes the Missouri Teachers Classroom Supply Assistance Program
Sponsor - Rep. Gretchen Bangert (D)
Summary - This bill establishes the "Missouri Teachers Classroom Supply Assistance Program", which, beginning July 1, 2022, requires the Department of Elementary and Secondary Education (DESE) to provide money to each school district and charter school specifically for teachers to purchase classroom materials and school supplies. DESE will calculate the amount per teacher and distribute the funds to school districts before August 1 of each year. School districts will provide each teacher in their district with a pre-loaded debit card issued specifically for this program, and with a tax exempt number. Teachers using the card must submit receipts for all purchases to be maintained by the school district or charter school for 5 years.
This bill is similar to HB 2759 (2020).
HB108 - Requires school districts to provide instruction in cursive writing
Sponsor - Rep. Gretchen Bangert (D)
Summary - This bill requires school districts to provide instruction in cursive writing by the end of the fifth grade, including a proficiency test of competency in reading and writing cursive.
This bill is similar to HB 1262(2020) and HB 54 (2019).
Sponsor - Rep. Gretchen Bangert (D)
Summary - Before January 1, 2022 the State Board of Education (SBE) shall convene a work group to develop a written curriculum framework for the "Career Readiness" course that may be offered by school districts and charter schools beginning in 2024-25 for every junior high school or charter school giving instruction in the 8th grade.
The bill outlines the purpose of the course and details aspects of the curriculum framework including but not limited to: explaining the differences between types of colleges, describing technical degrees offered by colleges, advising students of any advanced placement courses that they may take at the school, describing the availability of virtual courses, and providing opportunities to take an ACT assessment and a basic math and writing test to assess current skill levels. The course must meet for 3,915 minutes and focus on career readiness and emphasize the importance of work ethic, communication, collaboration, critical thinking, and creativity.
The course shall demonstrate that graduation from a four-year college is not the only pathway to success. The course shall describe at least 16 pathways to success in detail and include guest visitors who represent each pathway described
The bill repeals Section 167.910 RSMo relating to the "Career Readiness Course Task Force".
This bill is similar to HB 2596 (2020).
HB114 - Modifies provisions relating to the state motor fuel tax
Sponsor - Rep. Steve Butz (D)
Summary - The bill will increase the tax on motor fuel by $0.10 from its current level of $0.17 per gallon to $0.27 cents per gallon using incremental increases of $0.02 per gallon beginning January 1, 2022, and ending on January 1, 2026. It would also require alternative fuels to be taxed at a substantially similar rate approved by the Department of Agriculture beginning January 1, 2028.
This bill is the same as HB 1477 (2020) and HB 822 (2019).
HB119 - Modifies provisions relating to seclusion and restraint policies in public schools
Sponsor - Rep. Ian Mackey (D)
Summary - This bill defines "restraint" and "seclusion" and requires school districts, charter schools, or publicly contracted private providers to include in policy a prohibition on the use of restraint and seclusion, for any purpose other than situations or conditions in which there is imminent danger of physical harm to self or others. Any incident requiring restraint or seclusion shall be monitored by school personnel with written observation.
The bill requires that before July 1, 2022 each school district, and charter school, or publicly contracted private providers policy shall include:
(1) When to remove a child from restraint, seclusion, or isolation;
(2) Requirement for annual mandatory training;
(3) Reporting requirements for any occurrence of restraint, seclusion or isolation as outlined in the bill, including the reporting requirements for parental notification and giving a copy of each report to the Department of Elementary and Secondary Education (DESE).
(4) Requirement that each school district, and charter school, or publicly contracted private provider annually review the continued use of restraint, seclusion, or isolation.
The bill provides protections for individuals that report or provide information about violations of policy under this section.
The bill requires DESE to compile and maintain all incidents reported under this section in the Department's Core Data System and make such data available on the Missouri Comprehensive Data System.
This bill is similar to HB 1568 and HB 1569 (2020).
Sponsor - Rep. Ian Mackey (D)
Summary - This bill prohibits districts from suspending students in kindergarten through third grade.
This bill is similar to HB 1069 (2019)and HB 2105 (2020).
HB121 - Modifies provisions relating to age for school entry
Sponsor - Rep. Ian Mackey (D)
Summary - Currently, the minimum required attendance age for students is seven years of age. This bill would lower the age from seven to five years of age.
This bill is similar to HB 583 (2019) and HB 2389 (2020).
HB122 - Creates new provisions related to serving meals to students
Sponsor - Rep. Ian Mackey (D)
Summary - This bill requires schools to provide a United States Department of Agriculture reimbursable meal to any student who requests one regardless of whether the student cannot pay for a meal or owes money for earlier meals, unless the student's parent or guardian has provided written permission to withhold a meal. Schools may not require a student to throw a meal away because of inability to pay for the meal or because of a meal debt, nor may they publicly stigmatize or identify students.
The bill also specifies that if a student owes money for five or more meals, the school must determine if the student is eligible for free meals, attempt to have the student's parent or guardian fill out a meal application, and contact the student's parent or guardian to offer assistance with a meal application.
The bill also requires schools to direct communication about a student's meal debt to a parent or guardian, not the student. Schools may not require a parent or guardian to pay fees or costs from collection agencies hired to collect meal debts.
This bill is similar to HB 627 (2019) and HB 2390 (2020).
Sponsor - Rep. Ian Mackey (D)
Summary - This bill specifies that any public school or public community college, college or university may donate any unconsumed food that is prepared by the school to certain farms, farmers, or farming operations.
This bill is the same as HB 2391 (2020).
HB124 - Allows show choir and marching band to satisfy high school physical education credits
Sponsor - Rep. Ian Mackey (D)
Summary - This bill will allow the State Board of Education to adopt rules necessary to allow a student's participation in a curricular show choir or marching band to satisfy physical education credits required for graduation from the student's high school.
This bill is similar to HB 2392 (2020).
HB125 - Modifies provisions of the "Whistleblower's Protection Act"
Sponsor - Rep. Ian Mackey (D)
Summary - This bill amends the definition of an "employer" so that the state of Missouri, its agencies, and political subdivisions are considered employers for the purposes of the Whistleblower's Protection Act.
The bill also amends the definition of "protected person". Currently, employees in supervisory or managerial positions who report unlawful acts or serious misconduct that concerns matters upon which that employee is employed to report on or provide a professional opinion on are not considered protected persons. Neither are employees who report unlawful acts or violations of a clear mandate of public policy to the person the employee claims to have committed the act. This bill removes these exceptions from the definition of "protected person".
This bill is the same as HB 2393 (2020).
HB137 - Changes provisions related to funding for charter schools
Sponsor - Rep. Doug Richey (R)
Summary - This bill requires charter schools and each school district to include an annual independent audit to verify pupil residency.
The bill requires school districts to pay for each pupil attending a charter school in that district based on the formula established in the bill which includes all state aid and local aid received by the school district divided by the total weighted average daily attendance of the school district and all charter schools within the school district. The bill defines "local aid" to include all local and county revenue received by the school district and charter schools within the school district, with specific examples and exclusions specified in the bill.
School districts must calculate the amount of local aid owed to a charter school monthly and make timely payments to the charter school as outlined in the bill. The Department of Elementary and Secondary Education shall conduct an annual review of payments from school districts with measures for over and underpayment as outlined in the bill. This bill has a delayed effective date of July 1, 2022 and replaces the current funding mechanism for charter schools which will no longer apply after June 30, 2022.
This bill is similar to HB 1664 (2020).
HB150 - Requires bleeding control kits in all public school and charter school classrooms
Sponsor - Rep. Brenda Shields (R)
Summary - This bill creates the "Stop the Bleed Act", defines "bleeding control kits" and requires the Department of Elementary and Secondary Education (DESE) to develop a traumatic blood loss protocol for school personal by January 1, 2022.
The bill outlines the specific requirements for the blood loss protocol which shall include a bleeding control kit in each classroom in a school district. Additionally, each district must designate a minimum of five school personnel to receive annual training on the use of a blood control kit.
The bill requires DESE and each school district and charter school to maintain information regarding the traumatic blood loss protocol and the Stop the Bleed national awareness campaign on their respective websites. However, any school district or charter school that has a traumatic blood loss protocol prior to the effective date of this section shall be exempt from the requirements of this bill.
This bill is similar to HB 1991 (2020).
HB151 - Allows school districts that share superintendents to receive additional state aid
Sponsor - Rep. Brenda Shields (R)
Summary - Beginning July, 1 2022, this bill allows a school district that enters into an agreement with another district to share a superintendent to receive an additional $30,000 per year in state aid for up to five years. The bill directs districts to spend the additional compensation and half of the savings from sharing a superintendent on teacher salaries or counseling services.
The bill prevents individuals exercising supervisory duties within the district that no longer work for the district from receiving compensations as outlined for two years after the employment ends.
Currently, an adult high school includes on-site child care for the children of students, this bill removes the on-site requirement and specifies that an adult high school is considered a "secondary school system" in regards to providing child care. The bill also adds that a student connected online to a live class is considered in-person instruction for an adult high school student.
The bill provides a definition for a "school innovation team" and for a "school innovation waiver" and allows school innovation teams to submit a plan to the State Board of Education (SBE) for a state innovation waiver for a variety of purposes as outlined in the bill.
Plans submitted to the SBE must include the provision of law for which the waiver is being requested, as well as demonstrate the necessity of the waiver, provide measurable performance targets and goals, and demonstrate support for the plan, along with additional requirements as provided in the bill.
The bill provides the SBE specific criteria for the evaluation of submitted plans and permits the SBE to make modifications to the plan with the cooperation of the school innovation team.
School innovation waivers are only effective for three years beginning the school year following the approval and may be renewed. Only one waiver may be in effect per school at a time, and specific restrictions to statutory requirements relating to school start date, teacher certification, teacher tenure, or any requirement imposed by federal law, are applicable
This bill is similar to HB 1903 (2020).
HB159 - Modifies provisions for renewable energy technology
Sponsor - Rep. Rudy Veit (R)
Summary - This bill modifies the definition of "Renewable Energy Resources" for the purposes of the Renewable Energy Standard by removing the requirement that hydropower source has a nameplate rating of 10 megawatts or less.
This bill is the same as HB 2743 (2020).
HB163 - Modifies provisions relating to workers' compensation law
Sponsor - Rep. Rudy Veit (R)
Summary - The Division of Workers' Compensation within the Department of Labor may give priority to and pay from the Second Injury Fund, all death benefits related to claims before January 1, 2014 and ongoing medical expenses occurring before January 1, 2014.
If a group of employers who have been granted self-insurance authority under Chapter 537, RSMO or a public sector individual employer granted self-insurance authority under Chapter 537, files for bankruptcy, and fails to pay any of its obligations that are owed to an injured employee or an injured employee's dependent or dependents, the Division shall call upon the entire security posted by the group of employers or public sector individual employer.
The Division may refer all known losses or cases of the group of employers or public sector individual employer to a third-party administrator or any such entity authorized in this state to administer the Workers' Compensation cases. Any unused portion of the security proceeds must be returned to the Division.
This bill is the same as HB 1542 (2020).
HB164 - Allows school districts to divide into subdistricts
Sponsor - Rep. Rudy Veit (R)
Summary - This bill allows for any seven-director school district or an urban district to be divided into subdistricts and provides for the process for the election of subdistrict board members. Subdistricts shall be of contiguous and compact territory and as nearly equal in population as practicable. The length of directors terms, election procedures, filling of vacancies, and residency requirements are detailed in the bill.
This bill is similar to HB 2029 (2020).
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill allows county schools to receive the proceeds of fines for specified municipal ordinance violations in the same manner that they currently collect revenue for fines collected for the breach of state laws.
This bill is the same as HB 1357 (2020); and similar to HB 1202 (2019).
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill specifies that an individual may be charged with voluntary manslaughter if he or she abuses an elderly person, a person with a disability, or a vulnerable person and such abuse significantly contributed to the victim's suicide.
The bill also creates the offense of promoting a suicide attempt, which is a class E felony. A person commits the offense of promoting a suicide attempt if he or she abuses an elderly person, a person with a disability, or a vulnerable person and such abuse significantly contributed to the victim's suicide attempt.
This bill is the same as HB 1359 (2020); and HB 224 (2019).
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill amends the Missouri Sunshine Law in Chapter 610, RSMo. It amends the definition of "public record" to include the social media pages of a public governmental body, including the personal social media pages of members of the governmental body in specified circumstances. The bill expands the requirements for preservation of communications through electronic means, including social media accounts, and requires the public entity to produce such records in usable electronic format.
This bill is the same as HB 1363 (2020).
HB177 - Modifies provision for closed meetings of governmental bodies
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill modifies the law to allow records or meetings of governmental bodies that include descriptions of discussion about security procedures, including evacuation and lock down procedures, to remain confidential and closed to the public.
This bill is the same as HB 1366 (2020).
HB180 - Authorizes a waiver for certain property tax penalties
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill authorizes a one-time waiver, at the discretion of the county collector, for a penalty for late payment of property tax so long as the tax is paid within 30 days of the due date and the taxpayer timely paid the tax on the property for the past five years. The penalty is only waived for property tax up to $20,000.
This bill is the same as HB 1369 (2020) and HB 395 (2019) .
HB181 - Modifies the computation of heritage value in condemnation proceedings
Sponsor - Rep. Mark Ellebracht (D)
Summary - Currently, "heritage value" applies to real property that has been owned within the same family for at least 50 years, and the value is calculated to be 50% of fair market value. This bill amends the definition of "heritage value" to apply to real property that has been owned within the same family for at least 10 years and one day. Heritage value for property that has been owned within the same family for 10 years and one day shall be 10% of fair market value. For every 10 years and one day increment thereafter, such value shall increase by 10% for each such increment.
This bill is similar to HB 1370 (2020).
HB183 - Modifies provisions relating to ethics
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill allows the Missouri Ethics Commission to initiate an independent investigation by the Executive Director when there are reasonable grounds to believe that a specified violation has occurred and there is a unanimous vote of the six members of the commission, with all members voting. If there are no reasonable grounds to believe a violation has occurred, then the investigation is terminated and the individual under investigation will be notified of the reasons for the disposition of the investigation.
The bill also imposes the current liquid investment requirements for candidate, campaign, and debt service committees under Sections 130.021 and 130.034, RSMo, on continuing committees and political party committees. An expired provision allowing the transfer of committee funds to trusts for the benefit of spouses or children in certain cases is also repealed.
This bill is the same as HB 1372 (2020).
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill specifies that a prosecuting or circuit attorney, sheriff, Police Commissioner in St. Louis City, Chief of Police in St. Charles and St. Louis County, or any law enforcement agency that is conducting an investigation related to fraud or theft by a public servant or an offense of misconduct within the attorney's or law enforcement agency's jurisdiction may request the State Auditor to audit all or part of the jurisdiction in which he or she represents or the law enforcement agency serves regarding the receipt and expenditure of public funds. Also, the governing body of a county, with a majority vote, may request such audit. The State Auditor must report any findings to the attorney or law enforcement agency that requested the audit.
This bill is the same as HCS HB 1375 (2020) and similar to HB 997 (2019).
Sponsor - Rep. Mark Ellebracht (D)
Summary - Beginning January 1, 2023, this bill requires anyone who is 18 years of age or younger and has never held a U.S. or foreign driver's license to complete a driver's education program approved by the Highways and Transportation Commission. Methods for proving prior licensure in foreign countries and other states is specified in the bill. A process for certification of programs is specified in the bill and the Commission may contract with public and private institutions to provide the program free of charge to applicants.
The "Driver's Education Training Fund" is created for the purpose of funding such education contracts. Fees for the fund are specified in the bill and the bill is subject to the passage of a Constitutional amendment authorizing a specified $1 licensing fee for motor vehicles, trailers, issuance and renewal of driver's licenses, watercraft, and outboard motors.
This bill has a contingent effective date for specified provisions.
The bill will sunset six years after the effective date.
This bill is similar to HB 1506 (2020).
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill requires public institutions of higher learning to adopt and implement policies, as outlined in the bill, that will give undergraduate course credit to entering freshman students for each advanced placement (AP) examination upon which such student achieves a score of three or higher. The Coordinating Board for Higher Education will consult with the Department of Elementary and Secondary Education to identify correlations between subject matter and content in courses and examinations in the AP program, and shall make that information public on the Board's website.
This bill is the same as HB 1508 (2020).
Sponsor - Rep. Alan Gray (D)
Summary - This bill establishes the "Council for Community Education". The Council shall study and make recommendations regarding establishing community education programs in which public school buildings are used as community centers operated by the School Board in cooperation with other community groups to provide community services. The council shall have 11 members appointed by the Governor.
This bill is the same as HB 411 (2019) and HB 1624 (2020).
HB207 - Creates subdistricts within certain school districts
Sponsor - Rep. Alan Gray (D)
Summary - This bill requires the Board of Election Commissioners of St. Louis County to establish seven subdistricts for any school district in St. Louis County that is within, or adjoining another school district that is within, a street light maintenance district with a population less than 3,000. The subdistricts will be established for the purpose of electing school district directors. The bill specifies how the subdistrict boundaries will be drawn.
This bill is similar to HB 413 (2019) and to HB 1625 (2020).
HB210 - Exempts the retail sale of food from local sales tax
Sponsor - Rep. Alan Gray (D)
Summary - This bill exempts food, as defined in the bill, from local sales tax.
This bill is the same as HB 2665 (2020).
HB211 - Modifies provisions relating to retirement systems
Sponsor - Rep. Alan Gray (D)
Summary - This bill allows retirees from the St. Louis Public School Retirement System to receive a one-time supplemental payment equal to the lesser of the person's gross amount of the regular pension benefit or $2,000. Subject to appropriation the supplemental payment shall be payable no later than September 30, 2022.
This bill is the same as HB 2744 and HB 2728 (2020).
Sponsor - Rep. Justin Hill (R)
Summary - This bill allows firearm owners to transport and store firearms in privately owned, locked vehicles in parking garages, parking lots, and parking spaces. Property owners, tenants, employers, and business entities are exempt from both civil and criminal liability for any occurrences involving these firearms and the entity may require firearms to be kept in a locked case and hidden from view if stored in a vehicle. An employer may ban employee firearms from vehicles owned or leased by the employer. An employer and business may ban firearms from certain limited access parking areas if storage areas for firearms are made available to the employee or customer, or if alternative parking areas are provided that are reasonably close to the business or employer.
This bill is the same as HB 2099 (2020).
HB214 - Modifies provisions relating to the misclassification of workers
Sponsor - Rep. Justin Hill (R)
Summary - This bill establishes the criteria of a worker to be considered as an independent contractor. The bill states that independent contractors shall have a written contract that states the person is an independent contractor, not an employee, and that the person is responsible for all costs, fees, and taxes as an independent contractor. In addition, the person must have the right to control the manner and means by which the work is accomplished, and satisfies at least five out of nine listed requirements of an independent contractor. This bill also changes the definition of "employee" by removing the reference to the factors in IRS Rev. Rule 87-41, 1987-1 C.B.296 and stating that an individual who meets the requirements for an independent contractor as specified in this bill is not an employee.
This bill is the same as HB 1920 (2020) and similar to HCS HB 1137 (2019).
Sponsor - Rep. Justin Hill (R)
Summary - This bill changes the laws regarding unemployment compensation. Currently, the maximum total amount of benefits any insured worker may receive during any benefit year must not exceed 20 times his or her weekly benefit amount or 33 1/3% of his or her wage credits. This bill repeals that provision and, beginning January 1, 2022, limits benefits based upon a sliding scale from 13 weeks if the Missouri average unemployment rate is below 6%, to 20 weeks if the Missouri average unemployment rate is 9% or higher.
The bill specifies that the meaning of "Missouri average unemployment rate" is based upon the seasonally adjusted statewide unemployment rates, and revises the definition of "wages" as it applies to employment security laws to include termination pay and severance pay. Any lump sum payment of wages from severance pay must be pro-rated for the purposes of determining unemployment benefits.
The bill raises the amount required in the Unemployment Compensation Fund before an employer's contribution rate is decreased. The bill also modifies the procedures for the Board of Unemployment Fund Financing to meet and consider the issuance of credit instruments to repay federal advances to the fund, and modifies the time employers shall pay the interest assessment on credit instruments.
This bill is the same as HB 1921 (2020) and HB 217 (2019).
HB224 - Designates the first full week of February each year as school counseling week in Missouri
Sponsor - Rep. Ingrid Burnett (D)
Summary - This bill designates the first week of February each year as "Missouri School Counseling Week" to recognize the importance of counselors in student success in Missouri schools and beyond.
This bill is similar to HB 2247 (2020).
Sponsor - Rep. Ingrid Burnett (D)
Summary - Beginning on July 1, 2022, this bill requires every public school and charter school to provide period products in the restrooms for all middle school, junior high, and high school buildings in which there are students in grades six through 12 at no charge to the students. "Period Products" are defined as tampons and sanitary napkins for use in connection with the menstrual cycle. This bill removes language restricting school districts or charter schools from providing abortion services, or permitting the distribution of course materials or instruction relating to human sexuality or sexually transmitted diseases if the distributer provides abortion services.
This bill is similar to HB 2484 from 2020.
HB228 - Permits recording of IEP or Section 504 meetings by a student's parent or legal guardian
Sponsor - Rep. Chuck Basye (R)
Summary - This bill prevents any public school districts and charter schools from prohibiting a parent or guardian from audio recording any meeting held under the Federal Individuals with Disabilities Education Act (IDEA)or a Section 504 plan meeting (Federal Rehabilitation Act of 1973).
Districts or charter schools may not require parents to provide more than 24 hours notice in order to record said meeting, and no school district employee who reports a violation under this section shall be subject to discharge, retaliation, or any other adverse employment action for reporting.
This bill is similar to HCS HB 1540 (2020).
HB229 - Establishes procedures for school board member recall elections
Sponsor - Rep. Chuck Basye (R)
Summary - This bill establishes a recall procedure for school board members.
Members may not be recalled during the first 30 days or last 180 days of their term. The recall petition requirements are outlined in the bill and include grounds for which a recall may be called which include but are not limited to: conduct that adversely affects the rights and interests of the public; commission of an act of malfeasance; and moral turpitude.
The notice for recall is required to be sent to the Board member's school district and the Board member may file a statement in response to the recall notice of intention. Procedures for the circulation of a petition for recall, the certification of the petition, and the date and manner for the recall ballot language and election are outlined in the bill.
This bill is the same as HB 2360 (2020).
HB230 - Changes the laws regarding firearms
Sponsor - Rep. Chuck Basye (R)
Summary - This bill states that a "concealed carry permit" must include any valid peace officer license issued by the POST commission.
This bill is the same as HB 1669 (2020).
Sponsor - Rep. Chuck Basye (R)
Summary - This bill creates the "Students' Right to Know Act", which, beginning January 1, 2022, requires the Department of Higher Education and Workforce Development to annually collect and compile specified information to help high school students make more informed decisions about their futures and ensure they are adequately aware of the costs of four-year college and alternative career paths.
This bill also creates the "Informed Student Document Act" and requires the Board for Higher Education to develop an informed student document to include information relating to the institutional grouping, with comparisons to other in-state and outof-state peer institutions with averages regarding costs, employment, and admissions as specified in the bill. The document must be available to school guidance counselors by October 15th of each year.
The bill also requires that a prospective student or the student's parent or legal guardian verify that the Document has been read prior to application to the institution. The Document is also required to be available on the website of the Department of Higher Education and Workforce Development and on the website of each individual institution.
This bill is similar to HCS for HB 1774 and 1994 (2020).
Sponsor - Rep. Jay Mosley (D)
Summary - Beginning January 1, 2022, if any amount of financing is extended to the cost of any state or local sales tax for a motor vehicle, the financing entity must remit the amount of the sales tax directly to the taxing authority and the amount will be credited towards any amount of sales tax due by the purchaser. This direct transfer requirement will be a condition of any financing agreement to purchase a motor vehicle. Failure of the financing entity to properly remit the funds to an appropriate taxing authority will not be a defense to any claim owed by either party, and both parties will be jointly liable for any taxes owed.
This bill is the same as HB 1598 (2020).
Sponsor - Rep. Ann Kelley (R)
Summary - This bill codifies an emergency rule enacted by the State Board of Education in 2020, creating an alternative route for substitute teaching licensure. The bill allows applicants for a substitute teaching license to complete 20 clock hours of approved substitute teacher training as outlined in the bill in lieu of the current 60 college credit hours. This provision expires August 28, 2024.
HB243 - Changes attendance requirements for virtual classes
Sponsor - Rep. Jeff Porter (R)
Summary - The bill increases the state school funding for attendance of a student enrolled in a virtual class from 94% to 95% and modifies directions for incremental payment.
HB244 - Modifies provisions relating to sales and use tax and certain real property tax
Sponsor - Rep. Jeff Porter (R)
Summary - This bill creates the "Utilizing Streamlined Sales and Use Tax Services Act".
REMOTE SALES TAX COLLECTION (Sections 32.070, 144.079, 144.080, 144.082; Sections 144.111-144.114; Sections 144.190, 144.212, and 144.600. RSMo).
The Department of Revenue may register Missouri with the Streamlined Sales and Use Tax Agreement Governing Board to participate in the Streamlined Sales and Use Tax Agreement as a nonmember state, and the Department is authorized to take all such actions as may be reasonably required to do so. Such actions may include, but are not limited to, the adoption of rules and regulations and the procurement of various goods and services, which may be coordinated jointly with the Governing Board and with other states. If the Department registers this state as a nonmember state, the Department shall also complete and periodically update a certificate of compliance and taxability matrix that notes how this state's sales and use tax laws follow and deviate from the Streamlined Sales and Use Tax Agreement requirements.
Additionally, the Department is authorized to consult, contract, and work jointly with the Governing Board, and other states as necessary, to allow sellers to use the Governing Board's Certified Service Providers and Central Registration System services. The Department is authorized to collaborate with the Governing Board to:
(1) Establish and provide a certification process to allow certified service providers to receive compensation according to a defined compensation structure; and
(2) Enter into any necessary contractual relationships between this state, the governing board, and certified service providers. Such contractual relationships may address:
(a) The responsibilities of the Governing Board, certified service providers, and the sellers that contract with certified service providers relating to the liability for proper collection and remittance of sales and use taxes;
(b) The responsibilities of the Governing Board, certified service providers, and the sellers that contract with certified service providers relating to record keeping, auditing, and the protection of taxpayer information confidentiality; and
(c) The method and amount of compensation to be provided to certified service providers by this state for the services of such certified service providers to certain sellers.
The Department is authorized to pay any necessary annual dues to the Governing Board for this state's participation as a nonmember state in the Streamlined Sales and Use Tax Agreement and for the associated privileges and benefits of such participation. Such dues shall not exceed the dues that would be owed to the Governing Board if this state were deemed a full member state under the Streamlined Sales and Use Tax Agreement.
If the Department registers this state as a nonmember state under this bill, the Department shall comply with the Governing Board's requirements relating to the use of the Board's Central Registration System. The Department is explicitly authorized to enter into a contract with the Governing Board relating to the use of the Central Registration System; provided that, any such contract shall only impose upon this state such requirements as are consistent with any requirements imposed upon full member states to the Streamlined Sales and Use Tax Agreement (Section 32.070, RSMo).
This bill provides that a purchaser shall be relieved from any additional tax, interest, additions, or penalties for failure to collect and remit the proper amount of tax owed on a purchase if:
(1) A purchaser's seller or a certified service provider relied on erroneous data provided by the Director on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix created in this bill;
(2) A purchaser using a database created in this bill received erroneous data provided by the Director on tax rates, boundaries, or taxing jurisdiction assignments; or
(3) A purchaser relied on erroneous data provided by the Director in the taxability matrix created in this bill (Section 144.060).
This bill provides that the Director shall promulgate rules to allow for the issuance of direct-pay permits to purchasers. Purchasers holding such a permit shall be permitted to purchase goods and services that are subject to sales tax without remitting payment of the tax to the seller at the time of purchase. Such purchaser shall make a determination of the amount of tax owed and shall report and remit such amount directly to the taxing jurisdiction (Section 144.079).
Additionally, this bill:
Alters the frequency and thresholds for sales tax returns and remittance (Section 144.080).
Provides that the Director of the Department of Revenue shall participate in the Central Registration System described in this bill and shall allow sellers in this state to register with such system at no cost (Section 144.082).
Provides sourcing guidelines for all retail sales in or into this state (Sections 144.111, 144.112, 144.113. and 144.114).
Provides that if the Department registers this state to participate in the Streamlined Sales and Use Tax Agreement as a nonmember state, the Director shall provide a monetary allowance from the taxes (provided they shall not be entitled simultaneously to deduct the 2% timely filing allowance) collected to each of the following:
(1) A certified service provider, in accordance with the agreement and under the terms of the contract signed with the provider;
(2) Any vendor registered under the Agreement that selects a certified automated system to perform part of its sales or use tax functions; and
(3) Any vendor registered under the Agreement that uses a proprietary system to calculate taxes due and has entered into a performance agreement with states that are members of the Streamlined Sales and Use Tax Agreement (Section 144.140).
Provides a cause of action against the seller by a purchaser for a tax erroneously or illegally collected shall not accrue until a purchaser has provided written notice to the seller and the seller has had 60 days to respond. Such notice to the seller shall contain the information necessary to determine the validity of the request. A seller shall be presumed to have a reasonable business practice if, in the collection of such tax, the seller uses a provider or a system certified by the Director and has remitted to the state all tax collected less any deductions, credits, or allowances (Section 144.190).
Provides guidance to sellers if exemptions are claimed by a purchaser (Section 144.212).
Provides that all sales tax laws with respect to sales into this state by out-of-state sellers shall apply to the Compensating Use Tax Law (Section 144.600).
ECONOMIC NEXUS (Section 144.605)
Beginning January 1, 2022, a vendor engages in business activities within this state if the cumulative gross receipts from the vendor's sales of tangible personal property and digital goods and services to purchasers for the purpose of storage, use, or consumption in this state equal or exceed $100,000 in either the current or previous calendar year as described in this bill.
TAX DATABASE AND TAXABILITY MATRIX (Sections 144.637 and 144.638)
This bill specifies that the Director shall provide and maintain a downloadable database that describes boundary changes for all taxing jurisdictions and the effective dates of such changes for the use of vendors collecting the tax. Additionally, this bill provides that the Director shall provide and maintain a downloadable taxability matrix for products and services.
MARKETPLACE FACILITATOR (Section 144.752)
By January 1, 2022, marketplace facilitators, as defined in the bill, that meet the Use Tax Economic Nexus Threshold established in the bill must register with the Department to collect and remit sales and use tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the bill. These retail sales will include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace, as defined in the bill.
Marketplace facilitators properly collecting and remitting use tax in a timely manner will be eligible for any discount provided.
Marketplace facilitators must provide purchasers with a statement or invoice showing that the use tax was collected and will be remitted on the purchaser's behalf.
LOCAL SALES TAX (Sections 32.087, 144.049, 144.054 and 144.757)
The bill specifies that when a city annexes or detaches property, the city clerk must forward a certified copy of the ordinance to the Director within 10 days of adoption of the ordinance. The tax rate in the added or abolished territory must become effective on the first day of the calendar quarter 120 days after the sellers receive notice of the change. Also, when a political subdivision changes the tax rate or the local sales tax boundary, the change must become effective on the first day of the calendar quarter 120 days after the sellers receive notice of the change (Section 32.087).
This bill removes the opt-out option for local government sales tax exemptions on purchases of clothing, personal computers, and school supplies that take place on the first Friday in August.
Additionally, this bill provides guidance on such exemptions with regards to the exemption period, items purchased on layaway, if the seller and purchaser are in different time zones, bundled transactions, and discounts (Section 144.049).
This bill extends the state's sales tax exemption to local sales taxes for electrical energy and gas, whether natural, artificial, or propane, water, coal, and energy sources, chemicals, machinery, equipment, and materials used or consumed in the manufacturing, processing, compounding, mining, or producing of any product, or used or consumed in the processing of recovered materials, or used in research and development related to manufacturing, processing, compounding, mining, or producing any product (Section 144.054).
This bill modifies ballot language required for the submission of a local use tax to voters by including language stating that the approval of the local use tax will eliminate the disparity in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers (Section 144.757).
SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT
This bill repeals Sections 144.1000 through 144.1015.
PROPERTY TAX
This bill reduces the assessed value of real property of utility, industrial, commercial, railroad, and all other property not included in residential property and agricultural property from 32% of its true value to 31% or its true value.
This bill has a delayed effective date of January 1, 2022.
This bill is similar to HB 2 (2020 Second Extraordinary Session).
Sponsor - Rep. Jeff Porter (R)
Summary - This bill allows any school with a four-day school week to set an opening date more than 14 calendar days before the first Monday in September.
This bill is the same as HB 1636 (2020).
Sponsor - Rep. Jeff Porter (R)
Summary - Beginning January 1, 2022, any recipient of public benefits shall have a reduction in benefits if minor children in their custody or for whom they receive benefits do not attend school 90% of the school days in the preceding six-month period. The Family Support Division within the Department of Social Services upon determining that unexcused absences result in less than 90% attendance shall reduce benefits by 65% for the next six months. Benefits shall be restored when all children in the custody of a recipient or for whom the recipient receives benefits have attended at least 90% of school days in the preceding six-month period.
This bill is similar to HB 2643 (2020).
HB248 - Modifies provisions relating to real property tax assessments
Sponsor - Rep. Jeff Coleman (R)
Summary - This bill would make the true value of residential real property the previous assessed valuation of the property or the value of which the property was sold since its most recent assessment. Such valuation may increase over time contingent on a value increase resulting from inflation or value added to the property as a result of new construction or improvements.
This bill will not affect the ability of any county assessor to decrease the value of any residential real property.
This bill has an effective date contingent on the passage of an amendment to the Constitution of Missouri allowing for a statutory limitation on the amount by which the assessed value of residential real property may be increased.
This bill is similar to HB 1860 (2020).
HB249 - Extends the authorization of AIM Zones until 2031
Sponsor - Rep. Becky Ruth (R)
Summary - Currently, no Advanced Industrial Manufacturing (AIM) Zone may be established after August 28, 2023. This bill extends the date to August 28, 2031.
HB251 - Modifies provisions relating to offenses that may be expunged
Sponsor - Rep. Nick Schroer (R)
Summary - This bill adds Subdivision (4) of Subsection 1 of Section 571.030, RSMo, which is when a person exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner, to the offenses eligible for expungement.
This bill is the same as HB 2649 (2020).
HB253 - Provides for new school board subdistricts and member elections in certain cities
Sponsor - Rep. Craig Fishel (R)
Summary - This bill modifies the election process for school board members for any school district in which a majority of the district is located in any home rule city with more than 155,000 but fewer than 200,000 inhabitants. Currently this refers to the Springfield Public School District.
Before December 1, 2022 the election authority shall divide the school district into five subdistricts. The five subdistricts shall be nearly equal in population as practical. There also shall be two at large districts. After each decennial census the subdistricts must be reapportioned.
The bill provides the process for candidate filing, ballot order, initial terms, and vacancy filling. On the general municipal election day in 2023 and each year thereafter the expired school board positions shall be filled in the following order: subdistrict seat 1, 3, 5, 2, and 4 first, and then the two at large seats.
Board member qualifications and term limits are included in the bill.
This bill is similar to HB 2591 (2020).
Sponsor - Rep. Paula Brown (D)
Summary - This bill requires the Department of Elementary and Secondary Education to develop a model policy, by January 1, 2022 relating to accommodations for breastfeeding. Public school districts must adopt a written policy by July 1, 2022.
The policy must include provisions to provide accommodations to lactating employees, teachers, and students to express, or breastfeed for each public school building within the district for at least a year after the birth of a child. Accommodations must meet requirements as specified in bill and districts must provide a minimum of three opportunities during a school day to express or breast-feed.
This bill is the same as HB 1490 and HB 1279 (2020).
HB255 - Creates new provisions relating to the Missouri school improvement program
Sponsor - Rep. Paula Brown (D)
Summary - This bill defines "growth model" as the use of scores to measure growth of individual students over time, and provides an option that the Missouri School Improvement Plan use either the Statewide System of Assessments or results on multiple standardized formative assessments primarily for the purpose of determining growth and using the growth model to help in determining accreditation classifications.
This bill is similar to HB 1280 (2020) and HB 1059 (2019).
HB256 - Modifies provisions relating to school suspensions
Sponsor - Rep. Paula Brown (D)
Summary - Currently, a student may be suspended by a school superintendent for 180 days. This bill reduces the amount of time a student may be suspended by the superintendent to 90 days.
This bill is similar to HB 1281 (2020) and HB 1198 (2019).
HB257 - Requires drivers on a public highway to stop for certified Head Start buses
Sponsor - Rep. David Evans (R)
Summary - This bill provides that a certified Head Start school bus is subject to all provisions that a certified school bus is subject, except for the requirement of a crossing control arm.
This bill is similar to HB 2222 (2020).
HB259 - Modifies provisions relating to sexual offenses
Sponsor - Rep. David Evans (R)
Summary - This bill changes the definition of "sexual contact" and it adds a coach, assistant coach, director, or other adult with a school-aged team, club, or ensemble, regardless of whether such team, club, or ensemble is connected to a school or scholastic association to the list of those who can be charged with committing the offense of sexual contact with a student.
This bill is the same as HB 2695 (2020).
Sponsor - Rep. John Black (R)
Summary - This bill creates the "Missouri Nuclear Clean Power Act", which allows clean base load electric generating plants or facilities rated at 200 megawats or more that utilize renewable sources to produce energy not in commercial operation as of August 28, 2021, to charge for costs associated with construction work in progress before the facility is operational.
The costs recovered by an electrical corporation are subject to inclusion or exclusion in a ratemaking proceeding under the authority of the Public Service Commission. The Commisison may also authorize an electrical corporation to charge for additional amortization to maintain the corporations financial ratios that will better allow to cost-effectively construct a clean baseload generating plant or a renewable source generating facility.
This bill is similar to HB 1784 (2020).
HB263 - Establishes and modifies provisions relating to the legalization of marijuana
Sponsor - Rep. Peter Merideth (D)
Summary - This bill legalizes the possession and use of marijuana by an individual 21 years of age or older who purchases the marijuana from a licensed retail marijuana store. Possession, unlawful distribution, and manufacture of marijuana by persons under 21 years of age remains classified as criminal offenses based on the amount of marijuana involved as specified in current law.
Growing, manufacturing, selling, displaying, transferring, delivering, packaging, processing, cultivating, or harvesting marijuana or marijuana products will be legal only in political subdivisions that affirmatively vote to allow such activities.
This bill does not require an employer to permit or accommodate the use of marijuana in the workplace or allow driving under the influence of marijuana. The bill does not prevent a school, hospital, detention facility or any other entity from prohibiting or regulating the possession and use of marijuana on its property.
The bill creates a licensure system for the cultivation, testing, and sale of marijuana and marijuana products. It sets out the requirements for licensure, as specified in the bill. The Division of Alcohol and Tobacco Control, within the Department of Public Safety, is given the authority to develop rules and regulations for the issuance, renewal, suspension, and revocation of licenses; licensure application and renewal fees; qualifications for licensure, including security requirements for retail marijuana establishments; labeling requirements; health and safety standards; advertising restrictions; and independent testing requirements.
This bill creates a tax, similar to the current cigarette tax, to be levied upon the sale or transfer of marijuana. The money from such tax shall be deposited in the General Revenue Fund.
This bill is similar to HB 1978 (2020) and HB 551 (2019).
HB264 - Directs unclaimed lottery prizes to go to after school programs for high-need children
Sponsor - Rep. Peter Merideth (D)
Summary - Currently, unclaimed prize money from the State Lottery is required to be reverted back to the State Lottery Fund.
This bill creates the "After School Programs Special Fund" and requires unclaimed prize money to be deposited into that fund. The bill states that the "After School Programs Special Fund" shall be used to supplement, not supplant, non-lottery educational resources for after-school educational programs and shall be distributed to eligible programs by the Department of Elementary and Secondary Education (DESE). Program eligibility is outlined in the bill and DESE will prioritize programs based on criteria specified in the bill.
This bill is similar to HB 2185 (2020).
HB266 - Modifies provisions relating to the taxation of cigarettes and tobacco products
Sponsor - Rep. Peter Merideth (D)
Summary - This bill authorizes any political subdivision of this state to increase the tax levied on cigarettes and tobacco products within its boundries if a majority of the qualified voters of the political subdivision approve of the increase.
This bill is the same as HB 2275 (2020).
Sponsor - Rep. Crystal Quade (D)
Summary - This bill authorizes the governing body of any county of the first classification with more than 260,000 but fewer than 300,000 inhabitants or any city within the county to impose, upon voter approval, a sales tax not to exceed .25% on all retail sales within the county or city for the purpose of funding early childhood education. Upon enactment, this section would only apply to Greene County.
This bill is similar to HB 1480 (2020).
HB271 - Establishes the "Missouri Local Government Expenditure Database"
Sponsor - Rep. John Wiemann (R)
Summary - This bill establishes the "Missouri Local Government Expenditure Database", to be maintained by the Office of Administration. For each fiscal year beginning after December 31, 2022, the database must include extensive information about a given municipality's or county's expenditures and the vendors to whom payments were made. The database must be accessible by the public without charge and have multiple ways to search and filter the information.
A municipality or county may voluntarily participate in the database, or may be required to participate if a petition process used by its residents is used to require participation as specified in the bill. A link to the database on a municipal or county website is required.
The Office of Administration may stipulate a format for information and will provide a template for municipalities and counties to use in sending information. Other duties and responsibilities of the Office of Administration regarding the database are detailed in the bill. Financial reimbursement to municipalities and counties for costs associated with the database is authorized.
This bill is similar to HB 1933 (2020).
HB272 - Authorizes an income tax deduction for law enforcement officers
Sponsor - Rep. David Gregory (R)
Summary - This bill provides an income tax deduction on the first $100,000 of income received by any taxpayer for his or her services as a peace officer, federal law enforcement officer, or member of the State Highway Patrol.
Beginning January 1, 2022, the deduction will be worth 25% of such income. The deduction will be increased each year by 25% increments, and for all tax years beginning on or after January 1, 2025, the deduction will be worth 100% of such income.
The provisions of this bill sunsets six years after the effective date of the bill.
This bill is similar to HB 24 (2020 1st Extraordinary Session).
HB275 - Modifies provisions relating to unlawful discriminatory practices
Sponsor - Rep. Tom Hannegan (R)
Summary - This bill prohibits discrimination based upon a person's sexual orientation or gender identity. Such discrimination includes unlawful housing practices, denial of loans or other financial assistance, denial of membership into an organization relating to the selling or renting of dwellings, unlawful employment practices, and denial of the right to use public accommodations.
The bill changes the laws regarding complaints filed with the Missouri Commission on Human Rights by revising the definition of “discrimination” to include unfair treatment based on sexual orientation or gender identity. It specifies that discrimination includes any unfair treatment based on a person’s presumed or assumed characteristics. The bill defines "gender identity" and "sexual orientation".
This bill is the same as HB 1763 (2020) and HB 350 (2019).
Sponsor - Rep. Ashley Bland Manlove (D)
Summary - This bill prohibits discrimination on the basis of hair texture and protective hairstyles in educational institutions that receive or benefit from state financial assistance or state student financial aid.
This bill is similar to HB 2356 (2020).
HB284 - Requires school districts to offer an American civics course beginning with grade 6
Sponsor - Rep. Ashley Bland Manlove (D)
Summary - This bill expands the required courses of instruction in the institutions, branches and functions of the government of the state of Missouri, including local governments, and of the government of the United States, and in the electoral process, from only being required in grades 9 to 12. Beginning in the 2022-23 school year public school districts must offer this course of instruction at least once in grades 6 to 8 and again at least once in grades 9 to 12.
HB288 - Modifies provisions relating to health emergencies
Sponsor - Rep. Mike Henderson (R)
Summary - This bill provides that any order or ordinance promulgated by a County Health Center Board in response to a statewide emergency will not be effective until it is approved by the County Commission.
Sponsor - Rep. Ann Kelley (R)
Summary - This bill requires all health benefit plans in this state beginning January 1, 2022 to provide at a minimum coverage for all services covered for persons who receive MO HealthNet benefits.
HB302 - Modifies provisions relating to taxation
Sponsor - Rep. Mike Haffner (R)
Summary - INDIVIDUAL INCOME TAX (Section 143.011, RSMo)
For all tax years beginning on or after January 1, 2022, this bill reduces the top rate of tax by 0.17%(Section 143.011, RSMo). A reduction in the rate of tax may only occur if one or more institutions is subject to the tax imposed on the endowments of the higher education institutions.
HIGHER EDUCATION ENDOWMENT TAX (Section 146.200)
For all tax years beginning on or after January 1, 2022, this bill imposes a tax on the endowments of qualifying institutions of higher education at a rate of 1.9% of the aggregate fair market value of the assets of such endowments. The tax will apply to the endowments, as defined in the bill, of higher education institutions that:
1) Are affiliated with, or provide medical faculty to, any abortion facility;
2) Offer specific medical fellowships that offer training in performing or inducing abortions; or
3) Support in any manner any abortion facility where abortions are performed or induced when not necessary to save the life of the mother. All revenues generated by the endowment tax will be deposited into the General Revenue Fund.
This bill is the same as HCS HB 1522 (2020).
HB303 - Establishes transfer procedures to nonresident districts for students in public schools
Sponsor - Rep. John Wiemann (R)
Summary - NON RESIDENT STUDENT TRANSFERS
This bill adds Sections 167.1200 to 167.1230 and labels these sections as the "Public School Choice Act". The bill defines "nonresident district", "public school choice student", and "resident district" (Section 167.1200,RSMo).
The bill specifies that a student may attend school in any nonresident district. The nonresident district is not required to add teachers, staff, or classrooms to accommodate transfer applicants and the school may establish standards for transfer applications and post the information on the school website and in the student handbook.
Students who wish to attend nonresident schools that have an academic or competitive entrance process shall furnish proof that they meet the admission requirements.
No transfers under this act may begin until the school year 2023-24 (Section 167.1205).
Any student that applies for a transfer may only accept one transfer per school year, although the student may return to their resident district and must complete a full year before applying for another transfer. Students may complete all remaining school years in their nonresident district and any sibling may enroll if the district has the capacity as provided by the bill. Parents will be responsible for transportation to an existing bus stop location in the nonresident district. For the purposes of federal and state adi the student shall be counted as a resident pupil of the non resident district. Resident districts will calculate the per-pupil average daily local effort amount and upon notification by the nonresident district of the number of days the student was enrolled send such amount for each day. (Section 167.1210).
The bill establishes that annually, before February 1, each school district shall set and publish the number of transfer students the district is willing to receive for the following school year. This number does not have to be more then zero (Section 167.1215).
The processes for a transfer application, and the details for notifications of acceptance or rejection are specified within the bill. The bill explains the reasons that an eligible application may be rejected and notification must be provided in writing by August 1 of the school year for which the student wishes to attend (Section 167.1220).
ENFORCEABLE DESEGREGATION EXEMPTION
This bill provides that, prior to April 1, a school district may annually declare an exemption for the upcoming school year, from the requirements set forth in this bill, provided that the school district is subject to a desegregation order or mandate of a federal court or agency remedying the effects of past racial segregation or subject to a settlement agreement remedying the effects of past racial segregation. Additional exemptions are specified for students who qualify for transfers under other listed sections (Section 167.1225).
The bill establishes when a student may be denied a transfer based on his or her discipline record and includes an appeal procedure. The Department of Elementary and Secondary Education shall collect and report data annually from school districts on the number of applications and study the effects of the public school choice program transfers (Section 167.1230).
This bill has a delayed effective date of July 1, 2022
This bill is similar to HB 2310 (2020) and HB 465 (2019).
HB304 - Enacts requirements relating to suicide prevention education and information
Sponsor - Rep. Ann Kelley (R)
Summary - This bill names Section 170.047, RSMo the "Jason Flatt/ Avery Reine Cantor Act". Beginning in the 2022-23 school year, each school district may offer at least two hours of suicide prevention training for all practicing teachers. All teachers, principals, and licensed educators may attend such a training or complete training on suicide prevention through self-review of suicide prevention materials. The Department of Elementary and Secondary Education may develop materials to be used for such training or may offer districts materials developed by a third party.
This bill also requires public schools, charter schools, and public institutions of higher education that issue pupil identification cards to have printed on the card specific phone numbers including those for the National Suicide Prevention and the Crisis Text Line.
This bill is similar to HCS for HB 1820 & 1470 (2020).
HB306 - Modifies provisions relating to services and programs for gifted children
Sponsor - Rep. Aaron Griesheimer (R)
Summary - This bill requires school districts and charter schools to establish a state-approved gifted program if 3% or more of the students are determined to be gifted by July 1, 2023. By July 1, 2023, districts and charter schools with average daily attendance of more than 350 students are required to have a teacher certificated to teach gifted education. In districts with an average daily attendance of 350 or less any teacher providing gifted instruction shall not be required to be certified to teach gifted education but must participate in six hours per year of professional development regarding gifted services.
This bill is similar to HB 1317 (2020) and HB 112 (2019).
Sponsor - Rep. Bishop Davidson (R)
Summary - The bill establishes the "Second Amendment Preservation Act", which:
(1) Declares that laws, rules, orders, or other actions which restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within this state exceed the powers granted to the federal government except to the extent they are necessary and proper for governing and regulating land and naval forces of the United States or for organizing, arming, and discipling militia forces actively employed in the service of the United States Armed Forces;
(2) Declares that all federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations, whether past, present, or future, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution must be invalid in this state, including those that impose a tax, levy, fee, or stamp on these items as specified in the bill; require the registration or tracking of these items or their owners; prohibit the possession, ownership, use, or transfer of a firearm; or order the confiscation of these items;
(3) Declares that it must be the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms and that no person, including a public officer or state employee of this state or any political subdivision of this state, can have authority to enforce or attempt to enforce any federal laws, orders, or rules infringing on the right to keep and bear arms;
(4) Specifies that any entity or person who knowingly acts under the color of any federal or state law to deprive a Missouri citizen of the rights or privileges ensured by the federal and state constitutions to keep and bear arms must be liable to the injured party for redress. Reasonable attorney fees and costs may be awarded to the prevailing party with specified exceptions. Qualified immunity shall not be a defense; and
(5) States that any person while acting as an official, agent, employee, or deputy of the United States Government who enforces or attempts to enforce any of the infringements identified in this bill or gives material aid and support to the efforts of others who enforce or attempt to enforce any of the infringements identified in this bill may be permanently ineligible to serve as a law enforcement officer or to supervise law enforcement officers in this state or in any political subdivision of this state.
This bill contains a severability clause.
This bill is similar to HB 1637 (2020).
Sponsor - Rep. Ann Kelley (R)
Summary - This bill modifies current law regarding reading intervention programs. Each local school district and charter school shall have on file a policy for reading success plans for any pupil in the district, in grades K-4, that requires one, rather than through grade three. Authority to develop guidelines to assist school districts and charter schools in formulating policies for reading success plans is transferred from the State Board of Education to the Department of Elementary and Secondary Education (DESE)and each local district shall develop a policy aligned with the DESE reading success plan. In this bill, each school district and charter school shall administer a reading assessment or set of assessments to each student within the first 30 days of school for grades 1-4, and by January 31 for kindergarten.
This bill removes the requirement that school districts and charter schools design a reading intervention plan for the student's fourth-grade year if the student's third-grade reading assessment determines the student is reading below second-grade level. The provision is replaced with a requirement that school districts and charter schools offer a reading success program to each K-4 student who exhibits a reading deficiency or has a formal diagnosis of Dyslexia. Any K-4 student who exhibits a deficiency in reading at any time, based upon local or statewide screening assessments, shall receive an individual reading success plan as defined in the bill no later than 45 days after the identification of the deficiency.
Beginning with the 2021-2022 school year, students who are not reading at grade level by the end of the second grade shall receive intensive reading improvement to remedy the student's specific reading deficiency. School districts and charter schools shall provide improvement and support services set forth in the bill.
This bill requires school districts and charter schools to establish an intensive acceleration class for any student not reading proficient or above on the third-grade state assessment, and shall meet certain criteria set forth in the bill.
This bill allows school districts and charter schools to provide summer reading camps to all third-grade students scoring below proficient.
This bill extends the mandatory process of additional reading instruction from grade six to graduation from high school. Each school district and charter school is required to offer summer school reading instruction to any student with a reading success plan. The parent or legal guardian of any student who exhibits a deficiency in reading shall be notified in writing no later than 30 school days after identification of the deficiency.
This bill requires the board of each school district and charter school to post, by September 1 of each year, by building, the number and percentage of all students in grades 3-8 scoring at each proficiency level on the English language arts statewide assessment.
This bill also repeals provisions of law relating to mandatory retention for reading deficiencies.
The bill requires DESE to align literacy and reading instruction, and communicate with institutions of higher education to add Dyslexia education to teacher education programs.
The bill also requires the Commissioner of Education to establish a "Reading Instruction Advisory Council" as outlined in the bill to provide recommendations regarding any identified improvements to reading instruction and reading policy for Missouri students (Section 186.080, RSMo).
This bill is similar to HB 1336 (2020) and HB 464 and SB 73 (2019).
HB314 - Establishes a tax deduction for educator expenses
Sponsor - Rep. Ann Kelley (R)
Summary - For all tax years beginning on or after January 1, 2022, this bill authorizes a tax deduction in the amount of 100% of unreimbursed educator expenses incurred by an eligible educator, not to exceed $500. An eligible educator is defined as an individual who is a K12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year.
Educator expenses are expenses incurred as a result of the participation by the educator in professional development courses related to the curriculum in which the educator provides instruction, and expenses in connection with books, supplies, computer equipment and other equipment, and supplementary materials used by the eligible educator in the classroom.
This bill is the same as HB 1338 (2020) and HB 364 (2019).
HB320 - Changes provisions relating to computer science courses
Sponsor - Rep. Travis Fitzwater (R)
Summary - This bill modifies the definition of "computer science course" to include both a stand-alone computer course in the elementary, middle, and high school levels or any course that embeds computer science content within other subjects.
The bill will require public schools and charter schools in all school years after July 1, 2022 to offer at least one computer science course in high school, instruction in exploratory computer science in middle school, and the basics of computer science and computational thinking in elementary schools.
Districts and charter schools will annually submit to the Department of Elementary and Secondary Education (DESE) a report of computer science courses offered in each school in the district, the number and percentage of students enrolled, and the number of computer science instructors, along with demographics and additional information specified in the bill.
The bill requires DESE to appoint a computer science supervisor to be responsible for the posting of information to the Department's website.
Beginning in school years after July 1, 2022 public institutions of higher education will allow a computer science course counted toward a mathematics, science, or practical art state graduation credit to satisfy as an equivalent admission requirement.
HB322 - Allows for the opening of recovery charter high schools
Sponsor - Rep. Chuck Basye (R)
Summary - This bill allows, a recovery charter high school to be operated in an urban school district containing most or all of Kansas City or if the Kansas City district denies the proposed charter than any entity that qualifies as a non profit 502(c)(3).
This bill defines a "recovery charter high school" as a charter school for students in grades 9 through 12. In order to operate, such charter school must educate all available eligible students who are in recovery from substance use disorder, substance dependency, or co-occurring disorders such as anxiety, depression, and attention deficit hyperbillivity disorder (ADHD); must meet state requirements for awarding a high school diploma; and must support students in working a strong program of recovery.
A recovery charter high school shall enroll all pupils in the district in which it operates; nonresident pupils eligible to attend a district's school under an urban voluntary transfer program; nonresident pupils who transfer from an unaccredited district; and any nonresident pupil, who is in recovery from substance use disorder, substance dependency, or co-occurring disorders. Admission shall be limited to pupils who are in recovery from substance use disorder, substance dependency, or cooccurring disorders.
A recovery charter high school may enroll students residing in a state other than Missouri, provided such student is in recovery from substance use disorder, substance dependency, or co-occurring disorders specified in the bill. This bill grants the Department of Elementary and Secondary Education (DESE) the authority to enter into agreements with other states to develop a reciprocity agreement for students seeking to attend a recovery charter high school in Missouri. The out-of-state student's district of residence shall pay to the recovery charter high school an annual amount equal to 105% of the previous year's per pupil expenditure in Missouri, and the student shall not be included in Missouri's count of average daily attendance. If an out-of-state student resides in a state that is not subject to a reciprocity agreement, such student may attend a recovery charter high school provided such student pays to the school 105% of the previous year's per pupil expenditure in Missouri.
The bill specifies that if a recovery charter high school that has not declared itself as a local educational agency has one or more nonresident pupils, the nonresident pupils shall not be counted for purposes of determining state aid. Each school district that has one or more of its resident pupils attending such a charter school shall pay to the charter school, for each such pupil, 100% of its average per-pupil expenditure, excluding interest payments and grants.
If a recovery charter high school that has declared itself a local educational agency has one or more nonresident pupils, DESE shall reimburse such charter school an amount specified in the bill.
Upon notice of the charter school's declaration of local educational agency status, the DESE shall reduce the payment made to the school district in which the charter school is located by the amount set forth in the bill, and pay such amount directly to the charter school.
This bill also permits charter schools to receive payments from school districts.
This bill is similar to SB 525 and HB 1487 (2020).
HB323 - Prohibits public officials from engaging in certain acts relating to school districts
Sponsor - Rep. Justin Hill (R)
Summary - This bill prohibits the renewal of contracts earlier than three months prior to the expiration of any existing contract. The renewal of one contract shall not automatically entail agreement to a new contract. Definite action such as a vote shall be required to renew a contract and violations of the bill shall render contracts void and of no effect.
HB331 - Modifies provisions relating to the reporting of child abuse and neglect
Sponsor - Rep. Keri Ingle (D)
Summary - This bill ensures that the condition of being an "unaccompanied youth" as defined in 42 U.S.C. Section 11434a(6) is not a sufficient basis for reporting child abuse or neglect.
This bill is the same as HB 1577 (2020) and similar to HB 1028 (2019).
HB335 - Creates wards within certain school districts
Sponsor - Rep. Jay Mosley (D)
Summary - This bill requires that any school district that is located within, in whole or in part, a street light maintenance district with a population of less than 3,000 inhabitants, and is located within a county with a charter form of government and with more than 950,000 inhabitants, the governing body of the county sitting as an apportionment commission shall establish seven wards for the purpose of election directors of such districts.
These wards must be within, or adjoining another school district that is within, a street light maintenance district with a population less than 3,000. The wards will be established for the purpose of electing school board members. The bill specifies how the ward boundaries will be drawn along with additional qualifications for members and the election process.
Currently, this applies only to St. Louis County.
This bill is similar to HB 2407 (2020) and HB 413 (2019).
Sponsor - Rep. Bruce DeGroot (R)
Summary - This bill provides that any arbitration award shall not be enforceable against insurers, as defined in the bill, unless the insurer has agreed in writing to the arbitration proceeding or agreement. Unless otherwise required by contract, an insurer's election to not participate in arbitration shall not constitute bad faith. These provisions shall not apply to any arbitration awards arising out of an arbitration agreement preceding the date of injury or loss.
The bill specifies that a person having an unliquidated claim for damages against a tort-feasor may enter into a contract with the tort-feasor if the person's insurer has refused to withdraw a reservation of rights or declined coverage for such unliquidated claim. The bill specifies what happens if there is any action seeking a judgment on a claim against a tort-feasor at the time of the execution of any contract between the two parties, what happens if there is a pending action at the time of the execution of a contract but the action is subsequently dismissed, and what happens if there is no action seeking judgment on a claim at the time of the execution of any contract between the two parties. Any insurer who receives notice under this section will have the unconditional right to intervene in any pending civil action involving the claim for damages within 30 days after receipt of the notice and insurers intervening in a court proceeding where the defendant has contracted to limit his or her liability to specified assets shall have all the same rights as are afforded to defendants. These provisions shall not alter or reduce an intervening insurer's obligations to any insureds other than the tort-feasor, including any co-insureds.
All terms of a covenant not to execute or any terms of any contract to limit recovery to specified assets must be in writing and signed by the parties to the covenant or contract. No unwritten terms of any covenant or contract under this section will be enforceable against any party to the covenant or contract or any other person or entity. In any action asserting bad faith by the insurer, any agreement between the tort-feasor and the insured will be admissible in evidence. The exercise of any rights under this section will not be construed to be bad faith.
This bill is similar to HCS HB 2049 (2020).
HB346 - Exempts school buses from the state motor fuel tax
Sponsor - Rep. Ann Kelley (R)
Summary - This bill exempts motor fuel sold to be used to operate a school bus that is owned by a school district from the state motor fuel tax.
HB349 - Establishes the "Missouri Empowerment Scholarship Accounts Program."
Sponsor - Rep. Phil Christofanelli (R)
Summary - The following is a summary of the House Committee Substitute for HB 349. T
his bill creates the "Missouri Empowerment Scholarship Accounts Program" and specifies that any taxpayer may claim a tax credit, not to exceed 50% of the taxpayer's state tax liability, for any qualifying contribution to an educational assistance organization. The cumulative amount of tax credits issued in any one calendar year begins at 50 million and may be adjusted by the state treasurer annually based upon inflation with a maximum cap of 75 million. The State Treasurer will establish procedures for tax credits to be awarded to an educational assistance organization (EAO)on a first come first served basis, and if an EAO fails to use allocated credits the State Treasurer may reallocate credits to ensure that taxpayers may claim all available credits annually. Taxpayers making contributions may not designate the student that receives a scholarship, and EAO's shall meet certain requirements and provide specified information during an annual audit.
The State Treasurer shall provide a standardized format for a receipt to be issued by the EAO to indicate the value of a contribution received as well as a standardized format for EAOs to report the information. The State Treasurer or State Auditor may conduct an investigation if he or she possesses evidence of fraud committed by the educational assistance organization. The EAO may be barred from participating in the program if it is found to have intentionally and substantially failed to comply with certain requirements. In addition, the State Treasurer shall issue a report on the Missouri Empowerment Scholarship Accounts program five years after its effective date.
Each EAO will ensure that grants are distributed in a prioritized order, with students having an approved individualized education plan or "IEP" or living in a household whose total annual income meets the income standard for free and reduced price lunches being the first priority. Each EAO shall ensure that student recipients are tested to measure learning gains in math and English, and report these results along with graduation rates, college attendance, and a parental survey as specified in the bill. The state treasurer shall provide this data to the public via a state website after the 3rd year of collection.
A qualified student may receive a grant to be deposited in the student's Missouri Empowerment Scholarship Account if he or she is a resident of Missouri and resides in any county with a charter form of government or any city with at least 30,000 inhabitants, and has an individualized education plan (IEP) or has attended a public school as specified in the bill, is entering Kindergarten or first grade, or is attending school for the first time. Missouri Empowerment Scholarship Accounts are renewable on an annual basis. Moneys deposited into the account shall be used for specified services and fees, but may not be payments to any person related within the third degree of consanguinity to the qualified student. If a qualified student withdraws from the program, is disqualified from the program, or graduates, the student's account shall be closed and remaining funds shall be returned to the EAO for redistribution to other qualified students.
Beginning in the 2023-24 school year the bill requires the State Treasurer to conduct or contract for annual audits of empowerment scholarship accounts to ensure compliance.
Any person who is found to have knowingly used moneys granted under the provisions of this bill other than the purposes provided, shall be guilty of a class A misdemeanor.
The bill becomes effective in the fiscal year that the appropriation for pupil transportation under Section 163.161, RSMo., equals or exceeds 40% of the projected amount necessary to fully fund the public transportation state aid. Any year that transportation funding falls below this threshold no new scholarships shall be awarded.
The bill allows school districts for qualified students that receive a scholarship and leave their resident district to continue to be counted for state aid purposes for 5 years, or until criteria outlined in the bill are met. This provision will end five years after the effective date of the bill.
This bill is similar to HB 1733 (2020) and HB 478 (2019).
HB354 - Modifies provisions relating to unemployment benefits probationary periods
Sponsor - Rep. Ben Baker (R)
Summary - Currently charges may not be made against the unemployment benefits account of an employer with respect to benefits paid to any individual unless that individual was employed for longer than a probationary period of 28 days. This bill extends that probationary period to 90 days.
This bill is similar to SB 694 (2020).
Sponsor - Rep. Ben Baker (R)
Summary - This bill creates the "Students' Right to Know Act", which, beginning January 1, 2022, requires the Department of Higher Education and Workforce Development to annually collect and compile specified information to help high school students make more informed decisions about their futures and ensure they are adequately aware of the costs of four-year college and alternative career paths.
This bill also creates the "Informed Student Document Act" and requires the Board for Higher Education to develop an informed student document to include information relating to the institutional grouping, with comparisons to other in-state and outof-state peer institutions with averages regarding costs, employment, and admissions as specified in the bill. The Document must be available to school guidance counselors by October 15th each year.
The bill also requires that a prospective student or the student's parent or legal guardian verify that the Document has been read prior to application to the institution. The Document is also required to be available on the website of the Department of Higher Education and Workforce Development and on the website of each individual institution.
This bill is the same as HB 233 (2021) and similar to the HCS for HB 1774 & 1994 (2020).
HB361 - Modifies provisions relating to tax credits for the adoption of children
Sponsor - Rep. Ben Baker (R)
Summary - This bill changes the current Special Needs Adoption Tax Credit to a general $10,000 nonrefundable adoption tax credit for adoptionrelated expenses. The credit is available for any Missouri family adopting any child on or after January 1, 2022.
HB362 - Modifies provisions for the sunshine law
Sponsor - Rep. Bruce DeGroot (R)
Summary - This bill allows a public governmental body to close records if the records are related to email addresses and telephone numbers submitted to a public governmental body by individuals or entities for the sole purpose of receiving electronic or other communications.
This bill allows a public governmental body to close records of utility usage and bill records for customers of public utilities unless the customer requests them or authorizes their release.
This bill allows a public governmental body to close records related to security and evacuation procedures, including software or surveillance companies that secure the building, for public governmental property.
The bill requires the custodian of records at a public governmental body to post notice 72 hours prior to a request for records that the body will be closed for an extended period beyond normal hours of operation.
This bill is similar to HB 2603 (2020).
Sponsor - Rep. David Gregory (R)
Summary - This bill modifies current law regarding reading success plans, formerly known as reading intervention programs. Each local school district and charter school shall have on file a policy for reading success plans for any pupils of the district in grades kindergarten through four, rather than through grade three. Each policy shall be aligned with the guidelines developed by the Department of Elementary and Secondary Education (DESE) for reading success plans.
Authority to develop guidelines to assist school districts and charter schools in formulating policies for reading intervention plans is transferred from the State Board of Education (SBE) to DESE. Any guidelines for instruction must meet the needs of the student by ensuring that instruction is explicit, systematic, diagnostic, and is based on phonological awareness, phonics, fluency, vocabulary, comprehension, morphology, syntax, and semantics. Frequent assessments are necessary to measure student progress. Each local school district and charter school is required to include in an individual pupil's reading success plan, individual and small group reading development activities. The plan shall be developed after consultation with the pupil's parent or legal guardian (Section 167.268, RSMo).
As specified in this bill, each school district and charter school shall administer a reading assessment or set of assessments to each student within the first 30 days of school for grades one through four, and by January 31 for kindergarten, unless a student has been determined in the previous school year to be reading at grade level or above. School districts and charter schools shall provide reading success plans to students with an individualized education plan (IEP) who have a reading deficiency, and for students receiving services under the Rehabilitation Act of 1973 whose service plan includes an element addressing reading.
This bill removes the requirement that school districts and charter schools design a reading success plan for the student's fourthgrade year if the student's third-grade reading assessment determines the student is reading below second-grade level. The provision is replaced with a requirement that school districts and charter schools offer a reading success plan to each K-4 student who exhibits a reading deficiency, has been identified as being at risk for dyslexia in the statewide dyslexia screening requirement, or has a formal diagnosis of dyslexia. The reading success plan shall be provided in addition to the core reading instruction provided to all students, and shall meet criteria specified in the bill.
Any K-4 student who exhibits a deficiency in reading at any time, based upon local or statewide screening assessments, shall receive an individual reading success plan no later than 45 days after the identification of the deficiency. Such plan shall be created by the teacher and other pertinent school personnel, along with the parent or legal guardian, and shall describe the evidence-based reading improvement services the student shall receive. The reading success plan shall specify if a student was found to be at risk for dyslexia in the statewide dyslexia screening requirement or if the student has a formal diagnosis of dyslexia.
This bill specifies that, beginning with the 2020-2021 school year, students who are not reading at grade level by the end of the second grade shall receive appropriate reading intervention to remedy the student's specific reading deficiency. Each school district and charter school shall conduct a review of student reading success plans for all students who are not reading at grade level by the end of the second grade, and shall address additional support services needed to remedy the areas of deficiency. School districts and charter schools shall provide improvement and support services set forth in the bill.
School districts and charter schools are required, as specified in the bill, to provide an appropriate acceleration for any student not reading proficient or above on a local or statewide third-grade reading assessment and has a reading success plan, and shall meet certain criteria listed in the bill. Currently, each student for whom a reading success plan has been designed shall be given another reading assessment to be administered within 45 days of the end of the student's fourth-grade year. If such student is determined to be reading below third-grade level, the student shall be referred for an evaluation for an IEP and the district shall provide appropriate intensive structured literacy instruction on a one-to-one individualized basis. If the student does not qualify for an IEP under the state guidelines for qualification, the student shall continue to receive appropriate intensive structured literacy instruction on a one-to-one individualized basis until the student is reading at grade level.
If the student is still not reading at grade level upon completion of the sixth grade, the school district and charter school shall continue to provide a reading success plan to be implemented during the regular school day until such time as the student is reading at grade level, or upon graduation from high school.
Each school district and charter school is required to offer summer school reading instruction to any student with a reading success plan. Districts may fulfill the requirement through cooperative arrangements with neighboring districts or virtual schools.
The parent or legal guardian of any student who exhibits a deficiency in reading or has screened positive for the characteristics of dyslexia shall be notified in writing no later than 30 calendar days.
This bill requires the board of each school district and charter school to post, by September 1 of each year the number and percentage of all students grades three through eight,:
(1) By building, scoring at each proficiency level on the English language arts statewide assessment;
(2) By building, in each demographic category scoring proficiency level on the English language arts statewide assessment;
(3) By district, scoring at each proficiency level on the English language arts statewide assessment; and
(4) By district, in each demographic category scoring at each proficiency level on the English language arts statewide assessment.
The department is also required to report the information in a state-level summary to the State Board of Education, the public, the Governor, and the Joint Committee on Education by October 1 of each year.
This bill is similar to HB 2470 (2020) and SCS SB 349 (2019).
HB374 - Authorizes a tax credit to offset amounts paid in sales tax on gun safety mechanisms
Sponsor - Rep. Trish Gunby (D)
Summary - Beginning January 1, 2022, a taxpayer is allowed to claim a tax credit against their tax liability for the amount of sales tax on the purchases of any firearms safes or firearm safety devices, as defined in the bill.
The amount of the tax credit must not exceed the taxpayer's tax liability.
This tax credit cannot be carried forward, assigned, transferred, or sold.
This bill sunsets six years after the effective date.
This bill is the same as HB 1929 (2020).
HB377 - Requires schools to allow students to leave school to vote
Sponsor - Rep. Trish Gunby (D)
Summary - The bill allows any student who is eligible to vote to absent himself or herself from school for a period of up to three hours between the opening and closing times of the polls to vote. The student must provide proof of voting. The school may specify when a student can vote and any school violating this requirement will be guilty of a class four election offense.
This bill is the same as HB 2623 (2020).
HB379 - Establishes the Targeted Industrial Manufacturing Enhancement Zones Act
Sponsor - Rep. John Black (R)
Summary - This bill establishes the "Targeted Industrial Manufacturing Enhancement Zones Act".
The bill allows any two or more contiguous or overlapping political subdivisions, as defined in the bill, to create Targeted Industrial Manufacturing Enhancement (TIME) zones for the purpose of completing infrastructure projects to promote economic development. Prior to the creation of a TIME zone, each political subdivision must propose an ordinance or resolution that sets forth the names of the political subdivisions which will form the zone, the general nature of the proposed improvements, the estimated cost of such improvements, the boundaries of the proposed TIME zone, and the estimated number of new jobs to be created in the TIME zone. The political subdivisions must hold a public hearing prior to approving the ordinance or resolution creating the TIME zone.
This bill allows the Zone Board governing the TIME zone to retain 25% of withholding taxes on new jobs created within the TIME zone to fund improvements made in the TIME zone. Prior to retaining such withholding taxes, the Zone Board must enter into an agreement with the Department of Economic Development. The agreement must include the estimated number of new jobs to be created, the estimated average wage of new jobs to be created, the estimated net fiscal impact of the new jobs, the estimated costs of improvements, and the estimated amount of withholding tax to be retained over the period of the agreement. The Department will not approve an agreement unless the Zone Board commits to the creation of a certain number of new jobs, as described in the bill.
The term of such agreement will not exceed 10 years. A Zone Board may apply to the Department of Economic Development for approval to renew any agreement. In determining whether to approve the renewal of an agreement, the Department will consider the number of new jobs created and the average wage and net fiscal impact of such new jobs, and the outstanding improvements to be made within the TIME zone, the funding necessary to complete such improvements, and any other factor the department requires. The Department may approve the renewal of an agreement for a period not to exceed 10 years. If a Zone Board has not met the new job creation requirements by the end of the agreement, the Department will recapture the withholding taxes retained by the Zone Board.
The Zone Board must submit an annual report to the Department and to the General Assembly, as described in the bill.
No political subdivision will establish a TIME zone with boundaries that overlap the boundaries of an advanced industrial manufacturing (AIM) zone.
The total amount of withholding taxes retained by TIME zones under this bill must not exceed $5 million per year.
No new TIME zone will be created after August 28, 2024.
This bill is the same as SB 174 (2021) and similar to HB 1695 (2020).
HB383 - Modifies provisions relating to insurance coverage for mental health conditions
Sponsor - Rep. Bill Kidd (R)
Summary - This bill requires that any rules must prohibit a health benefit plan from imposing a nonquantitative treatment limitation with respect to mental health condition benefits unless under the terms of the plan, any factors used in applying the nonquantitative treatment limitation to mental health condition benefits are comparable to and are applied no more stringently than the factors used in applying the limitation with respect to medical or surgical benefits as outlined in the bill.
This bill is similar to HB 1528 (2020).
HB387 - Modifies provisions relating to seclusion and restraint policies in public schools
Sponsor - Rep. Dottie Bailey (R)
Summary - This bill defines "restraint" and "seclusion" and requires school districts, charter schools, or publicly contracted private providers to include in policy a prohibition on the use of restraint and seclusion, including "prone restraint" as defined by the bill, for any purpose other then situations or conditions in which there is imminent danger of physical harm to self or others. Any incident requiring restraint or seclusion shall be monitored by school personnel with written observation
The bill requires that before July 1, 2022 each school district, and charter school, or publicly contracted private providers policy shall include:
(1) When to remove a child from restraint, seclusion, or isolation;
(2) Requirement for annual mandatory training;
(3) Reporting requirements for any occurrence of restraint, seclusion or isolation as outlined in the bill, including the reporting requirements for parental notification and providing a copy of each report to the Department of Elementary and Secondary Education (DESE);
(4) Notification requirement for each occurrence of a restraint, seclusion, or isolation incident to parents or guardians within one hour after the end of school on the day the incident occurs.
(5) Protections for individuals that report or provide information about violations of policy under this section.
This bill is similar to HB 1568 (2020).
HB390 - Establishes a Missouri Purple Star School District program
Sponsor - Rep. David Griffith (R)
Summary - This bill provides that the Department of Elementary and Secondary Education (DESE) will designate a school district as a "Purple Star School District" if the school district applies for the designation using a standardized form to be designed and published by the Department, and qualifies for the designation under this bill.
To qualify for designation, a school district must:
(1) Designate a staff member as a military liaison assigned to identify military-connected students enrolled in the school district; serve as the point of contact between the school district and military-connected students and their families; determine appropriate school district services available to militaryconnected students; and assisting in the coordination of school district programs relevant to military-connected students;
(2) Maintain on the school district website an easily accessible webpage that includes resources for military-connected students and their families. The webpage must include information about relocating and transferring records to the school district; enrolling and registering in the school district; academic planning, course sequencing, and advanced classes available; counseling and other support services available; and post the school district's military liaison along with his or her duties;
(3) Maintain a transition program, led by students when appropriate, that assists military-connected students in transitioning to the school district;
(4) Offer professional development for teachers and staff members on issues related to military-connected students; and
(5) Pass an official resolution on behalf of the school district expressing support for military-connected students and their families; recognize a "month of the military child" or a "military family month" with relevant events hosted by the school district; or partner with a local military installation to provide opportunities for active-duty military members as specified in the bill.
Sponsor - Rep. Ann Kelley (R)
Summary - This bill provides that, during the period that a statewide emergency declared by the Governor or the legislature under Chapter 44, RSMo, exists or continues, any order, ordinance, rule or regulation made in response to the emergency by a "county health center board", as defined in the bill, will not become effective until approved by the County Commission. The order, ordinance, rule or regulation must be submitted to the County Commission for its review, and the County Commission must approve or disapprove it as soon as practicable.
This bill is similar HB 288 (2021).
HB401 - Creates provisions relating to epinephrine auto-injectors
Sponsor - Rep. Keri Ingle (D)
Summary - This bill requires health insurance carriers to cover epinephrine auto-injectors (Epi-Pens) for children under 19 years old. Such coverage shall not be subject to any deductible or co-payment limits.
This bill is similar to HB 2351 (2020).
HB406 - Changes the laws regarding the taxation of feminine hygiene products and diapers
Sponsor - Rep. Rasheen Aldridge (D)
Summary - Beginning October 1, 2021, this bill reduces the state sales and use tax rate on retail sales of feminine hygiene products and diapers to equal the reduced state sales tax rate imposed on the retail sale of food.
This bill is the same as HB 2065 (2020) and similar to HB 741 (2019).
Sponsor - Rep. Raychel Proudie (D)
Summary - This bill prohibits discrimination on the basis of hair texture and protective hairstyles in educational institutions that receive or benefit from state financial assistance or state student financial aid.
This bill is the same as HB 2356 (2020).
HB421 - Creates subdistricts within certain school districts
Sponsor - Rep. Raychel Proudie (D)
Summary - This bill requires the Board of Election Commissioners of St. Louis County to establish seven subdistricts for any school district in St. Louis County that is within, or adjoining another school district that is within, a street light maintenance district with a population less than 3,000. The subdistricts will be established for the purpose of electing school district directors. The bill specifies how the subdistrict boundaries will be drawn.
This bill the same as HB 207 (2021) and similar to HB 1661 (2020).
HB425 - Authorizes tax credits for developing or renting housing for victims of domestic violence
Sponsor - Rep. Raychel Proudie (D)
Summary - Beginning on January 1, 2022, this bill provides that a taxpayer will be allowed to claim a tax credit against their state tax liability in an amount equal to $1000 if the taxpayer has converted abandoned property into an operational shelter for victims of domestic violence.
Additionally, the bill provides that a taxpayer will be allowed to claim a tax credit against their state tax liability in an amount equal to $500 if the taxpayer has rented residential real estate to a victim of domestic violence.
The Department of Social Services and the Department of Revenue may jointly establish rules and regulations for the administration of this bill.
This bill is the same as HB 2523 (2020).
HB428 - Requires peace officers to wear body cameras during interactions with members of the public
Sponsor - Rep. Raychel Proudie (D)
Summary - Beginning January 1, 2022, this bill requires all uniformed peace officers to wear video and audio body cameras while on duty and during interactions with members of the public. The bill makes an exception for the safety of the officer or the public, and for undercover work. The Department of Public Safety shall develop guidelines for the use of these body cameras and state and local law enforcement agencies will provide comprehensive training, as specified in the bill.
HB429 - Authorizes an income tax deduction for the provision of child foster care services
Sponsor - Rep. Hannah Kelly (R)
Summary - SCS/HCS/HB 429 - This act modifies several provisions relating to child placement, including: (1) adoption tax credits; (2) foster parent tax deductions; (3) termination of parental rights; (4) adoption regulations; and (5) adoption proceedings.
ADOPTION TAX CREDITS (Sections 135.325, 135.326, 135.327, 135.335, 135.800, and 191.975)
Current law authorizes the Special Needs Adoption Tax Credit for nonrecurring expenses relating to the adoption of a special needs child. This act modifies such program by renaming it the Adoption Tax Credit, and by expanding such program to allow tax credits for nonrecurring expenses relating to the adoption of any child adopted on or after January 1, 2022, regardless of whether such child is a special needs child.
This provision is identical to HCS/HB 430 (2021).
FOSTER PARENT TAX DEDUCTIONS (Section 143.1170)
For all tax years beginning on or after January 1, 2022, this act authorizes a tax deduction for expenses incurred directly by a taxpayer in providing care as a foster parent to one or more children in this state. The amount of such deduction for a taxpayer providing care as a foster parent for at least six months during the tax year shall not exceed $5,000, provided that a deduction claimed under this provision if filing married separately shall not exceed $2,500 per taxpayer. For a taxpayer providing care for less than six months during the tax year, the amount of the deduction shall be reduced on a pro rata basis.
A taxpayer claiming a deduction pursuant to this act shall file an affidavit affirming that such taxpayer is a foster parent, and the Department of Revenue shall collaborate with the Children's Division of the Department of Social Services to establish and implement a procedure to verify that a taxpayer is a foster parent.
TERMINATION OF PARENTAL RIGHTS (Section 211.447)
This act modifies the definition of an abandoned infant or abandoned child, in cases of termination of parental rights, to mean a child three years of age or under instead of one year or under in current law. Additionally, the grounds for determining abandonment have been modified. Under current law, a child can be considered abandoned if the parent, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child. This act modifies this language so that a child can be considered abandoned if the parent has, for a period of 60 days immediately prior to the filing of the petition to terminate parental rights, willfully, substantially, and continuously neglected to provide the child with necessary care and protection.
Under current law, a termination of parental rights may occur if the parent has been found guilty of certain felony offenses when the child or any child in the family was a victim. This act adds additional felony offenses to the list and removes the requirement that the child be a child in the family or that the child reside with the parent at the time of the offense.
This act modifies provisions relating to the circumstances under which the juvenile officer or Children's Division has the discretion to file a petition to terminate parental rights to change the determination of an "abandoned" child to mirror changes made under the provisions for mandatory termination of parental right proceedings, as well as modifies determinations of parental unfitness to include circumstances when the child has been under the jurisdiction of the juvenile court for at least 15 of the 22 months prior to the filing of the petition.
This provision is identical to a provision in SB 327 (2021) and substantially similar to SB 888 (2020).
ADOPTION REGULATIONS (Sections 453.014, 453.030, and 453.070)
This act modifies provisions granting, under current law, the Department of Social Services and the Department of Health and Senior Services regulatory authority for placing a child for adoption to instead grant such authority to the Children's Division and to repeal such authority from the Department of Health and Senior Services.
This provision is identical to a provision in SB 327 (2021) and substantially similar to SB 888 (2020).
ADOPTION PROCEEDINGS (Sections 453.030 and 453.040)
Under current law, prospective adoptive parents or the child-placing agency shall pay reasonable attorney fees incurred by the birth parent throughout the adoption process, unless the court determines the adoptive parents are unable to pay such fees. This act repeals this provision, while retaining the provision guaranteeing the birth parent the right to legal representation. Additionally, this act permits the court to appoint an attorney to represent a birth parent under the age of 18 in cases where the hiring of an attorney would represent a financial hardship for the birth parent.
Finally, this act modifies the circumstances in which a parent's consent to adoption is not required to reflect the changes made to identifying "abandoned" children.
This provision is substantially similar to SB 327 (2021) and SB 888 (2020).
HB430 - Modifies provisions relating to tax credits for the adoption of children
Sponsor - Rep. Hannah Kelly (R)
Summary - SCS/HCS/HB 430 - This act modifies provisions relating to benevolent tax credits.
ADOPTION TAX CREDITS
Current law authorizes the Special Needs Adoption Tax Credit for nonrecurring expenses relating to the adoption of a special needs child. This act modifies such program by renaming it the Adoption Tax Credit, and by expanding such program to allow tax credits for nonrecurring expenses relating to the adoption of any child adopted on or after January 1, 2022, regardless of whether such child is a special needs child. (Sections 135.325 to 135.335, 135.800, 191.975)
DOMESTIC VIOLENCE SHELTER TAX CREDIT
Current law authorizes a tax credit for contributions to domestic violence shelters in an amount equal to fifty percent of the contribution, with the maximum annual amount of tax credits limited to $2 million. This act increases the tax credit from fifty percent of the amount contributed to seventy percent beginning July 1, 2022, and removes the limit on the cumulative amount of tax credits claimed by all taxpayers in a fiscal year beginning July 1, 2022.
This act also adds a definition of "rape crisis center" to allow taxpayers to receive tax credits for contributions to such facilities. (Section 135.550)
This provision is identical to a provision contained in SB 155 (2021) and SS/SCS/SB 648 (2020), and is substantially similar to SB 958 (2020) and to a provision contained in SS#2/SB 704 (2020).
MATERNITY HOME TAX CREDIT
Current law authorizes a tax credit for contributions to maternity homes in an amount equal to fifty percent of the contribution, with the maximum annual amount of tax credits limited to $3.5 million. This act increases the tax credit from fifty percent of the amount contributed to seventy percent beginning July 1, 2022, removes the limit on the cumulative amount of tax credits claimed by all taxpayers in a fiscal year beginning July 1, 2022, and removes the sunset provision. (Section 135.600)
This provision is identical to a provision contained in SB 155 (2021).
HB434 - Authorizes a tax credit to offset fees from the adoption of rescue animals
Sponsor - Rep. LaDonna Appelbaum (D)
Summary - Beginning January 1, 2022, a taxpayer may claim a tax credit for any adoption of an animal from an animal shelter. The amount of the tax credit will be for the total amount of money paid to the shelter for a pet adoption, up to $125. A taxpayer may not claim more than two of the tax credits authorized under this bill per year, regardless of whether the taxpayer makes more than two pet adoptions.
The cumulative amount of the tax credits allowed under this bill will not exceed $500,000, and the credits may not be assigned, transferred, sold, conveyed, or carried forward to any subsequent tax year.
The Department of Revenue will promulgate all necessary rules and regulations to administer the provisions of this bill.
The provisions of this bill will automatically sunset six years after the effective date unless reauthorized by the General Assembly.
This bill is the same as HB 2401 (2020).
HB437 - Enacts requirements relating to suicide prevention education and information
Sponsor - Rep. LaDonna Appelbaum (D)
Summary - This bill names Section 170.047, RSMo the "Jason Flatt/ Avery Reine Cantor Act". The bill states that beginning in the 2022-23 school year, each school district can offer at least two hours of suicide prevention training for all practicing teachers. All teachers, principals, and licensed educators can attend such a training or complete training on suicide prevention through self-review of suicide prevention materials. The Department of Elementary and Secondary Education may develop materials to be used for such training or may offer districts materials developed by a third party.
This bill also requires public schools, charter schools, and public institutions of higher education that issue pupil identification cards to have printed on the card specific phone numbers including those for the National Suicide Prevention and the Crisis Text Line.
This bill is similar to HCS HB 1820 & 1470 (2020) and HB 1043 (2019).
Sponsor - Rep. Bishop Davidson (R)
Summary - This bill will allow school districts to issue a district teaching permit to any individual that does not hold currently hold a State Board of Education (SBE) issued teaching certificate. The district teaching permit allows the holder to teach only in the issuing school district unless another school district also issues permits and recognizes permits issued in this manner as part of their policy.
The bill requires districts to develop a policy listing qualifications which include, at a minimum, an associates degree and background check. The number of teachers issued a teaching permit must not exceed 25% of the total number of teachers employed in the district. If an individual is issued a teaching permit and teaches for four years the SBE may issue a teaching certificate as specified in the bill.
HB441 - Modifies provisions relating to political subdivisions
Sponsor - Rep. Bill Falkner (R)
Summary - This bill changes the laws regarding the consequences to a political subdivision for failure to file an annual financial statement with the State Auditor as required.
If the failure to submit the annual financial statement was a result of fraud or other illegal conduct by any employee, the failure shall not result in a fine.
Any political subdivision that has gross revenues of less than $5,000 or that has not levied a sales or use tax is not subject to the fine.
In addition, the Director of the Department of Revenue has the authority to make a one-time downward adjustment to any fine he or she deems uncollectible.
The first time a political subdivision that has outstanding fines due files its financial statement after August 28, 2022, the Director will make a one-time downward adjustment of the total amount due.
If, after August 28, 2021 and before January 31, 2022, a political subdivision fails to file an annual statement, or if a political subdivision files an annual statement in that time period but fails to file any statement thereafter, the Director of the Department of Revenue must notify the political subdivision that it has 30 days to file the annual report. If the political subdivision does not do so, the Director shall initiate the process to disincorporate the political subdivision.
The question of whether the political subdivision should be disincorporated shall be submitted to the voters of that political subdivision at the next general election. The election authority for conducting the election shall give notice of the election for eight consecutive weeks prior to the election by publication in a newspaper as specified in the bill. Upon an affirmative vote of a majority of the qualified voters, the Director shall file an action to disincorporate the political subdivision in the circuit court.
In an action to disincorporate, the circuit court shall order: the appointment of an administrative authority for the political subdivision as specified; all financial and other institutions holding funds of the political subdivision to honor the directives of the administrative authority; the Director to distribute tax revenues and funds of the political subdivision to the administrative authority; and the effective date of the disincorporation of the political subdivision.
The Attorney General will also have the authority to file an action in court against any political subdivision that fails to comply with these provisions in order to force the political subdivision into compliance.
This bill is similar to HB 1854 (2020).
Sponsor - Rep. Chuck Basye (R)
Summary - Beginning January 1, 2022, any individual may claim an income tax credit for the costs of expenditures made in connection with the enrollment, attendance, or participation of the taxpayer's dependent child in a virtual or remote-learning private school program or public school program for the period beginning on the date on which the Governor signed Executive Order 20–02 and ending on December 31st of the tax year for which a taxpayer claims the tax credit.
Qualifying expenditures include, but are not limited to, tuition, fees, tutoring, computer software, textbooks, workbooks, curricula, school supplies other than personal computers, and other written materials used primarily for academic instruction or academic tutoring.
The amount of the tax credit is the amount spent by a taxpayer on education expenditures during the period beginning on the date on which the Governor signed Executive Order 20–02 and ending on December 31st of the tax year for which a taxpayer claims the tax credit, up to the total amount of local property tax for which the taxpayer was liable over the same period, less the total amount of all tax credits previously claimed by the taxpayer under this section in all previous tax years.
The amount of the tax credit may not exceed the taxpayer's income tax liability for the year in which the taxpayer claims the tax credit. T
he tax credit is nonrefundable and may not be assigned, transferred, sold, or otherwise conveyed.
The provisions of this bill sunset on December 31st six years after the effective date unless reauthorized by the General Assembly.
HB444 - Modifies provisions relating to orders of county commissions and county health center boards
Sponsor - Rep. Mike McGirl (R)
Summary - Currently, county commissions and county health center boards are authorized to make orders, ordinances, rules or regulations to enhance the public health and prohibit the entrance of infectious, contagious, communicable or dangerous diseases into the county, with certain restrictions.
The bill provides that before the adoption of such orders, the Health Center Board must submit such orders to the governing body of the county or political subdivision. The governing body must, within 30 days, either reject or modify such orders, ordinances, rules, or regulations.
Additionally, the bill provides that before the adoption of such orders, the County Commission or Health Center Board must issue a public notice of the proposed orders and allow public comment for 30 days. The County Commission or County Health Center Board may hold a non-contested hearing on the proposed order. However, if there is a declared state of emergency, a county commission or health center board does not need to issue a public notice.
This bill is similar to SB 20 (2021).
HB458 - Establishes new procedures for annexation of school districts to special school districts
Sponsor - Rep. Shamed Dogan (R)
Summary - This bill establishes a process for the annexation of two adjacent special school districts.
If requested by a petition and signed by the specified number of voters from the school district proposing the annexation, the school board of the district shall submit the question to the voters of the district. If a majority of the votes cast in the special school district proposing annexation favor annexation, the secretary of the board shall certify the fact.
For any newly created special school district with more than 100,000 inhabitants, the membership of the governing council shall be expanded and redistricting guidelines are specified in the bill.
The newly formed special school district must adopt a resolution forming a redistricting committee every decade after the decennial census has been reported, as specified in the bill. The proposed redistricting plan must be approved by a majority of the committee prior to its adoption. Upon adoption a copy of the plan certified by the secretary of the committee must be sent to the State Board of Education(SBE) for its approval or disapproval. Criteria for approval is specified in the bill. If a redistricting plan is not adopted within one year of the publication of the census the SBE shall provide the redistricting plan.
Within 30 days of the adoption of a redistricting plan, the SBE shall call for a special election for school board members of the new special school district. The bill specifies that a member of a redistricting committee shall not serve on the school board for a period of six years following his or her service on the redistricting committee.
This bill is similar to HB 2569 (2020).
HB465 - Enacts requirements relating to suicide prevention education and information
Sponsor - Rep. Patricia Pike (R)
Summary - This bill requires that beginning in the 2021-22 school year the optional, professional development training in youth suicide awareness and prevention, contain at least one unit relating to stress management strategies for students and faculty.
HB466 - Prohibits employment discrimination on the basis of home address status
Sponsor - Rep. Wiley Price (D)
Summary - This bill defines "address status", as the status of having or not having a physical home address and a person's ability or willingness to disclose information relating to whether he or she has or does not have a physical home address. This bill adds "address status" as a form of discrimination prohibited in employment decisions.
This bill is the same as HB 1401 (2020) and similar to HB 1175 (2019).
HB470 - Modifies provisions relating to school protection officers
Sponsor - Rep. Chris Dinkins (R)
Summary - Currently, school districts may designate teachers or administrators to be school protection officers. This bill adds other designated school personnel to the list of employees a school district may designate as a school protection officer (Sections 160.665, 571.107, 571.215, 590.010, and 590.205, RSMo).
This bill is similar to HB 1301 (2020) and HB 457 from (2019).
HB476 - Modifies provisions relating to occupational license reciprocity for military members
Sponsor - Rep. Derek Grier (R)
Summary - This bill includes a Military Occupational Specialty as a type of licensure when applying for licensure in Missouri in the same occupation under Missouri's Reciprocity Laws.
HB478 - Changes provisions relating to state education savings programs
Sponsor - Rep. Phil Christofanelli (R)
Summary - This bill modifies the definition of an "eligible education institution" and changes the Missouri Education Savings Program to the "Missouri Education Program".
HB479 - Authorizes an income tax deduction for police officers and members of the highway patrol
Sponsor - Rep. Phil Christofanelli (R)
Summary - This bill provides an income tax deduction on the income received by any taxpayer for his or her services as a peace officer or member of the State Highway Patrol.
Beginning January 1, 2021, the deduction will be worth 25% of such income. The deduction will be increased each year by 25% increments, and for all tax years beginning on or after January 1, 2024, the deduction will be worth 100% of such income.
The provisions of this bill will sunset six years after the effective date of the bill.
This bill contains an emergency clause.
This bill is the same as HB 24 (2020 First Extraordinary Session).
HB480 - Establishes the "Cronkite New Voices Act."
Sponsor - Rep. Phil Christofanelli (R)
Summary - This bill establishes the "Cronkite New Voices Act", which provides that in both public high schools and public institutions of higher education a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media.
The bill permits school districts and student-media advisors to regulate the number, length, frequency, and format of schoolsponsored media. School districts must adopt a written freedom of the press policy that includes reasonable provisions for the time, place, and manner of student expression. The policy may also restrict speech that is offensive or threatening.
The bill forbids school districts from prior restraint of schoolsponsored media except in circumstances specified in the bill.
This bill is the same as HB 2317 (2020) and HB 743 (2019).
Sponsor - Rep. Ron Hicks (R)
Summary - This bill allows concealed carry permit holders to lawfully carry firearms on public transportation. "Public transportation system" is defined in the bill. In addition, this bill exempts persons transporting non-functioning or unloaded firearms on buses from the crimes prohibiting the possession of weapons on buses.
This bill is the same as HB 1901 (2020).
Sponsor - Rep. Derek Grier (R)
Summary - This bill requires public school districts and charter schools beginning in the 2022 school year to develop and enforce a policy on the inspection of "instructional material" as defined in the bill which includes but is not limited to textbooks, reading material, websites, and films and movies. The policy requirements are detailed in the bill and include maintaining a digital and printed copy of instructional material, the designation of a school employee to maintain an inspectable record of all material used in a school, and descriptions of how individuals may inspect or take for inspection any instructional material. By August first of each year school districts will post on their school website a listing of instructional materials used in the prior year in a manner prescribed in the bill, and provide the district policy to each child's parent/guardian.
Sponsor - Rep. Josh Hurlbert (R)
Summary - This bill specifies that a school district shall not receive funding under the Foundation Formula if the district is a member of, or remits any funds to, any statewide activities association that prohibits a home school student from participating in any event or activity offered by the school district, or requires a home school student to attend the public school for any portion of a school day in order to participate in any event or activity.
The Department of Elementary and Secondary Education (DESE) is required to withhold payments to districts in violation of this bill until such district proves to the State Board of Education (SBE) that the school district has ceased membership in the organization.
This bill further provides that a statewide activities association shall not prohibit or restrict any school district that is a member of the association from participating in any events authorized or regulated by the association with any school that is not a member of the association.
This bill is similar to HB 2273 and SB 875 (2020) and SB 130 (2019).
Sponsor - Rep. Nick Schroer (R)
Summary - For all tax years beginning on or after January 1, 2022, a taxpayer may claim a refundable income tax credit in an amount equal to the full cost of tuition paid by a taxpayer in a given tax year for the attendance of one or more of the taxpayer's dependent children at one or more eligible public schools or eligible private schools in a given tax year.
The provisions of this bill sunset on December 31st, six years after the effective date of the bill.
HB497 - Modifies provisions relating to the state income tax rates
Sponsor - Rep. Nick Schroer (R)
Summary - Currently, the top rate of income tax is 5.4% and may be reduced to 5.1% by a series of tax cuts of .1% over a period of years with only one reduction occurring per year. A tax reduction at the top rate occurs if the amount of net general revenue collected in the previous fiscal year exceeds the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least $150 million.
This bill removes the restrictions on how many tax cuts can occur per year and lowers the limit of the tax cut rate, if net general revenue collections meet the current trigger.
This bill is the same as HB 1449 (2020).
Sponsor - Rep. LaKeySha Bosley (D)
Summary - This bill prohibits discrimination on the basis of hair texture and protective hairstyles in educational institutions that receive or benefit from state financial assistance or state student financial aid.
This bill is similar to HB 2356 (2020).
Sponsor - Rep. Justin Hill (R)
Summary - This bill defines and distinguishes between "Asynchronous", "synchronous", "two-way interactive video" and "virtual" instruction" and requires districts to implement a "distance learning plan" policy that must meet the standards for virtual programs of instruction as outlined in Section 162.1250 RSMo. Beginning in any school year after July 2021 all virtual instructional programs must also be approved as a Missouri Course Access and Virtual School Program (MOCAP) as outlined in Section 161.670.
The bill requires public school districts to adopt policies regarding virtual instructional courses. Policies adopted must follow specified guidelines outlined in the bill, which include expansion of course offerings and access to instructional resources, emergency use and home-based educational guidance.
When districts adopt a distance learning plan they must forward a copy to the Department of Elementary and Secondary Education (DESE) and all plans should take key considerations into account.
Considerations include:
(1) Participation for all students with accessibility to Internet connectivity required to be provided by the district at no charge;
(2) Performance standards for all virtual education is consistent with state academic standards and equitably equivalent to other virtual instruction; and
(3) Student and staff expectations including attendance measures, course completion, and extra curricular participation.
The bill requires that districts develop policies for distance learning plans with a community stakeholders work group, composed of members as outlined in the bill.
The bill requires a certified staff to be appointed to serve as building-level contacts to function as liaisons for online teachers and students.
All teachers of two-way interactive video instruction shall be provided in-service training as outlined in the bill.
Student data and privacy standards are outlined in the bill and must be addressed by a local school policy.
The bill requires schools sharing courses by means of two-way interactive video instruction to address issues that include costs, schedules, student behavior, teacher evaluation, and other issues as outlined in the bill.
HB512 - Modifies provisions for expenditure of public funds on printed matter
Sponsor - Rep. Tony Lovasco (R)
Summary - This bill requires the Secretary of State (SOS) to investigate violations of election statutes relating to the use of public funds for political advertising purposes on printed materials. Any person may file a complaint against a state department or its director for violations. The SOS has 30 days to dismiss the complaint or start an investigation and notify the complainant of the decision. If the SOS, or any person whose complaint is denied, wishes to proceed then they may file a petition in the Circuit Court of Cole County against the agency or political subdivision. Procedures for filing are specified in the bill. If the Court finds a violation, then civil penalties of 10 times the amount of an expenditure or $10,000, whichever is greater, may be imposed on a department or political subdivision. Directors and administrators may be personally liable for up to $1,000 in civil penalties. Injunctive relief and court costs shall also be imposed as specified in the bill.
Publications in compliance with federal election laws and the full text of proposed ballot measures may be printed as specified in the bill.
This bill is the same as HCS HB 1777 (2020).
Sponsor - Rep. Chuck Basye (R)
Summary - This bill requires any school district that does not offer an inperson option as the sole method of instruction for students to provide an education voucher to help defer the expenses of providing in-person instruction in an alternative setting. The educational voucher will be a prorated portion of the per-pupil state adequacy target, based on the percent of hours the school district did not offer an in-person instruction option.
Sponsor - Rep. Ben Baker (R)
Summary - This bill prohibits the contribution or expenditure of public funds, including public resources or specified property, by any officer, board member, director, administrator, employee, or agent of any political subdivision to advocate, support, or oppose any ballot measure or candidate for public office. Individuals are also restricted from specified advocacy before the General Assembly when acting in an official capacity or during work hours.
The bill does not prohibit these individuals from making public appearances or from issuing press releases concerning any such ballot measure. The bill does allow the use of legislative liaisons by political subdivisions and special districts to communicate information to the General Assembly about their policies and procedures.
If a contribution or expenditure of public funds to any person results in the use of any part of such funds to advocate, support, or oppose any ballot measure or candidate for public office, the contribution or expenditure is in violation of these provisions.
Any resident of this state who wishes to challenge a contribution or expenditure of public funds by a political subdivision may bring an action in any circuit court of the political subdivision in which any alleged violation occurred. The political subdivision and the officer, board member, director, administrator, employee, or agent who allegedly violated this section shall be named as party defendants. The petition shall set forth the contribution, expenditure, or contribution and expenditure at issue and the facts that gave rise to a violation and shall pray leave to produce such proof. The court shall consider the petition and evidence, hear arguments, and in its decision determine whether a violation of this section occurred. If the court decides the contribution or expenditure of public funds was a violation, then the court may award attorney fees and the political subdivision shall be subject to a civil penalty in an amount 10 times the amount of the contribution or expenditure or $1,000 whichever is greater, or if the violation involved only uses public resources, then there shall be a civil fine not to exceed $1,000 for those offenses that are committed by specified administrators or board members. A first violation of these provisions by specified non-administrative level employees will not be subject to any fine, but a subsequent offense will be punished using the previous categories.
Any resident of this state may, instead of bringing an action in circuit court, file a complaint against an officer, board member, director, or administrator of the political subdivision or special district with the Missouri Ethics Commission. In the event that a court filing and an ethics complaint are both filed only the first filed will proceed.
This bill is the same as HB 1347 (2020).
Sponsor - Rep. Doug Richey (R)
Summary - This bill establishes the "Competency-Based Education Grant Program", likewise created in the State Treasury is the "Competency-Based Education Grant Program Fund". By application, the Department of Elementary and Secondary Education (DESE) shall award grants from the Fund to eligible school districts for the purpose of providing Competency-Based Education Programs. DESE shall facilitate the creation, sharing, and development of course assessments, curriculum, training and guidance for teachers, and best practices for the school districts that offer competency-based education courses(Section 161.380, RSMo).
This bill also establishes the "Competency-Based Education Task Force" to study and develop Competency-Based Education Programs in public schools. The Task Force members shall be appointed to two year terms and shall include two members of the House of Representatives appointed by the Speaker of the House of Representatives, two Senators appointed by the President Pro Tem of the Senate, the Commissioner of the Department of Elementary and Secondary Education and four members appointed by the Governor. Members of the Task Force shall serve without compensation, but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties.
The Task Force shall conduct interviews and at least three public hearings to identify promising Competency-Based Education Programs and obstacles to implementing such programs. Before December 1 of each year, the Task Force shall present its findings and recommendations to the Speaker of the House of Representatives, the President Pro Tem of the Senate, the Joint Committee on Education, and the State Board of Education(Section 161.385).
This bill specifies that, school districts and charter schools shall receive state school funding under the foundation formula for high school students who are taking Competency-Based Courses offered by their school district or charter school.
Attendance of a student enrolled in a Competency-Based Course shall equal the product of the district or charter school's prior year average attendance percentage multiplied by the total number of attendance hours normally allocable to a non-competency-based course of equal credit value (Section 162.1255).
This bill is similar to SB 33 (2021) and to SB 582 (2020).
HB524 - Modifies provisions relating to the assessment of certain public utility company property
Sponsor - Rep. Kent Haden (R)
Summary - Beginning January 1, 2022, this bill provides that the real and personal property of any public utility that utilizes financing under Chapter 100, RSMo, for construction will be assessed only upon the county assessor's local tax rolls.
This bill is the same as HB 2680 (2020).
Sponsor - Rep. Mike Haffner (R)
Summary - Beginning in tax years after January 1, 2022, this bill authorizes a tax deduction of up to $1000 for "qualified education expenditures" as defined in the bill for a dependent in a private school or home school.
This bill is the same as HB 2233 (2020).
Sponsor - Rep. Mike Haffner (R)
Summary - This bill establishes the "Missouri-Made Fuels Act", which specifies that all diesel fuel sold or offered for sale in Missouri for use in internal combustion engines must contain at least the following stated percentage of biodiesel fuel oil by volume on and after the following dates:
(1) April 1, 2023, until March 31, 2024, 5%; and
(2) Beginning April 1, 2024, 10%.
The minimum content levels shall be in effect during the months of April, May, June, July, August, September, and October, except in certain circumstances. The minimum content levels go into effect when the Director of the Department of Agriculture submits notice in the Missouri Register that certain conditions have been met and the state is prepared to move to the next scheduled minimum content level.
The minimum biodiesel content levels shall not apply to certain equipment and the bill specifies requirements for bills of lading or shipping manifests for diesel fuel and for biodiesel-blended products.
A violation of the provisions of this bill is a class A misdemeanor.
The Missouri-Made Fuels Act will sunset 10 years after its effective date.
This bill is similar to HCS HB 1858 (2020).
HB540 - Establishes the "Show Me A Brighter Future Scholarship Program"
Sponsor - Rep. Travis Fitzwater (R)
Summary - For all tax years beginning on January 1, 2022, any taxpayer who makes a qualifying contribution to the "Show Me a Brighter Future Scholarship Fund" created in the bill may claim a tax credit equal to 100% of the total contribution. The amount of the tax credit claimed by an individual taxpayer or a married couple filing jointly shall not exceed 50% of the taxpayer's state tax liability for the year in which the credit is claimed, nor shall a corporate taxpayer claim a tax credit in excess of 50% of such taxpayer's state tax liability for the year.
The State Treasurer shall certify the tax credit amount to the taxpayer. Such credit may be carried forward to any of the taxpayer's three subsequent tax years. No tax credits authorized under the program shall be transferred, sold, or assigned, and are not refundable.
The cumulative amount of tax credits that may be allocated to all taxpayers contributing to the scholarship fund in the first year of the program shall not exceed $25 million. If the amount of the tax credits claimed in the first tax year exceeds 90% of the tax credits available, the amount of tax credits available shall increase by 10% in the subsequent year and are capped at $50 million. Tax credits shall be allocated by the State Treasurer on a first come, first served basis.
A taxpayer who makes a contribution to the scholarship fund shall not designate the student who will receive a scholarship grant. The State Treasurer shall adopt rules and procedures necessary to implement the provisions of this bill, including rules setting forth the order of preference for scholarship awards, reporting requirements, responsibilities of a parent of an eligible student, and responsibilities of an eligible student's district of residence.
Scholarship grants shall be provided to eligible students with a qualified Tuition Savings Account.
This bill specifies that, an eligible student is any student who is a member of a household whose total annual income does not exceed an amount equal to two times the income standard used to qualify for free and reduced price lunch, who has attended a public school in the preceding semester or is starting school in the state for the first time, is currently receiving the Scholarship Grant, is a dependent of an active duty military who relocates to Missouri, or who is starting school in Missouri for the first time and is a sibling of a student already enrolled in the program.
The amount of scholarship grants awarded to eligible students shall be equal to the state adequacy target, and the amount of scholarship grants awarded to a special education eligible student shall be in an amount equal to the state adequacy target multiplied by 1.75.
Scholarship funds in a qualified Tuition Savings Account shall only be used for payment of tuition at a qualifying school which includes private schools or any public school outside of eligible students district of residence. All private qualifying schools must meet standards outlined in the bill.
The procedure for awarding scholarship grants is outlined with preference given to eligible students who qualify for free lunch at the lowest performing districts.
The State Treasurer may bar a parent from future participation in the Program if the State Treasurer establishes that the parent has intentionally spent Scholarship Grant funds for a purpose other than that allowed under the bill or by rule, and shall create a receipt to be issued to any taxpayer making a contribution. The State Treasurer shall publish a report on their website on this Program after it has been in effect 6 years.
The bill changes the "Missouri Education Savings Program" in Sections 166.400 to 166.455 RSMo by removing the word "savings" and aligning the term for "eligible education institution" to the Federal 529 of the Internal Revenue Code.
This bill is similar to SB 581 and HCS HB 2068 (2020).
Sponsor - Rep. Ed Lewis (R)
Summary - This bill will require, the Department of Elementary and Secondary Education, by November 1 of each year, to publish on the Department's website a list of schools in the state that have been performing within the bottom 5% of schools for more than three years, and shall designate any such school as a "persistently failing school".
Any school district with more than two schools falling into the bottom 5% of schools for more than two years shall be classified as provisionally accredited by the State Board of Education.
School districts with any school falling in the bottom 5% of schools for three years over a five year period beginning in 2018, shall:
(1) Close the school and transfer students attending such school to a higher performing school in the district;
(2) Develop a partnership with a nonprofit school operator to create an in-district charter school; or
(3) Reimburse any district or charter school, that will allow students to transfer, an amount equal to the average per-pupil expenditure for the district.
Any school district that has more than 20% of students attending persistently failing schools shall work with an external partner to develop a district plan to reduce the number of students in such schools by 5% each year, and shall establish a charter authorizing office, or partner with an eligible public four-year college or university to review any charter petitions for the district, approve such charter petitions, and submit such petitions to the Board of Education for a vote.
This bill is similar to SB 133 (2021) and SB 1021 (2020).
HB543 - Establishes transfer procedures to nonresident districts for students in public schools
Sponsor - Rep. Bradley Pollitt (R)
Summary - This bill adds Sections 167.1200 to 167.1230, RSMo, creating the "Public School Open Enrollment Act".
DEFINITIONS (SECTION 167.1200)
The bill defines "non-resident district", "public school choice student", and "resident district" and distinguishes between "resident local revenue" and "nonresident local revenue".
TRANSFER POLICY AND PARTICIPATION (SECTION 167.1205)
The bill specifies that any student beginning kindergarten or already enrolled in a public school may attend a public school in any nonresident district. Districts must declare participation in the open enrollment program by February 1st. Participating districts are not required to add teachers, staff, or classrooms to accommodate transfer applicants and the school may establish standards for transfer applications and post the information on the school website and in the student handbook.
The Department of Elementary and Secondary Education (DESE)shall develop a model open enrollment transfer policy as outlined in the bill. A school board may modify the model policy but all public schools must adopt a policy regardless of participation in the program.
Students who wish to attend nonresident schools that have an academic or competitive entrance process shall furnish proof that they meet the admission requirements.
Students that participate in open enrollment in high school may not participate in varsity sports during the first 90 days of enrollment in a non-resident district with exceptions outlined in the bill. No transfers under this act may begin until the school year 2023- 24.
APPLYING FOR TRANSFER ( SECTION 167.1210)
Any student that applies for a transfer may only accept one transfer per school year, although the student may return to their resident district and must complete a full year before applying for another transfer. Students may complete all remaining school years in their nonresident district and any sibling may enroll if the district has the capacity as provided by the bill. For the purposes of federal and state aid the student shall be counted as a resident pupil of the non resident district. Resident districts will calculate the per-pupil average daily local effort amount and upon notification by the non-resident district of the number of days the student was enrolled send such amount for each day. Parents will be responsible for transportation to the nonresident school or to an existing bus stop location in the nonresident district. Students that qualify for free and reduced meals may have transportation expenses reimbursed quarterly as outlined in the bill.
REVENUE CALCULATION (167.1211)
The bill establishes a calculation for resident districts local revenue to be sent for each transferring student to the nonresident district. The calculation takes into consideration additional costs for students with special education needs and districts whose local revenue is below the state adequacy target. DESE may withhold any amount that is owed and not sent by a resident district by June 30th from a resident districts monthly revenue distribution.
PARENT PUBLIC SCHOOL CHOICE FUND (SECTION 167.1212)
This bill establishes the "Parent Public School Choice Fund" with a $60 million appropriation to be used to supplement open enrollment transfers from any resident district whose local revenue is less than the state adequacy target and the nonresident districts local revenue.
NUMBER OF TRANSFER STUDENTS (SECTION 167.1215)
The bill establishes that annually, before February 1, each school district shall set and publish the number of transfer students the district is willing to receive for the following school year. This number does not have to be more then zero. Districts will also develop a policy for a wait list.
APPLICATION PROCESS (SECTION 167.1220)
The processes for a transfer application, and the details for notifications of acceptance or rejection are specified within the bill. The bill explains the reasons that an eligible application may be rejected and notification must be provided in writing by July 1 of the school year for which the student wishes to attend. The bill defines "good cause" and allows for consideration of applications that are submitted after April 1st and before October 1st.
ALLOWED EXEMPTIONS (SECTION 167.1225)
This bill provides that, prior to April 1, a school district may annually declare an exemption for the upcoming school year, from the requirements set forth in this bill, provided that the school district is subject to a desegregation order or mandate of a federal court or agency remedying the effects of past racial segregation or subject to a settlement agreement remedying the effects of past racial segregation. Additional exemptions are specified for students who qualify for transfers under other listed sections.
APPEAL AND ANNUAL REPORTING
The bill establishes when a student may be denied a transfer based on his or her discipline record and includes an appeal procedure.
DESE shall collect and report data annually from school districts on the number of applications and study the effects of the public school choice program transfers (Section 167.1230).
Some provisions of this bill have a delayed effective date of July 1, 2022
Sponsor - Rep. Ron Hicks (R)
Summary - This bill provides tiers of dates by which a person who has been convicted of a marijuana possession offense or municipal violation in Missouri prior to August 28, 2021, and who obtains a patient identification card under Article XIV, Section 1, of the Missouri Constitution prior to August 28, 2021, will have such convictions automatically expunged by the court. If a person was convicted of a marijuana possession offense or municipal violation prior to August 28, 2021, but obtains a patient identification card after August 28, 2021, he or she may be eligible to have the offense or violation expunged by petitioning the court in which he or she was convicted if the offense or violation occurred in Missouri and it occurred prior to the person obtaining a patient identification card. These provisions must not be construed to authorize expungement of any conviction or plea of guilty for any offense committed by a commercial driver's license holder that will result in a violation of 49 CFR 384.226, as amended, or an offense committed by a person while he or she was operating a commercial motor vehicle in violation of 49 CFR 391.15.
This bill is similar to HB 2060 (2020).
HB552 - Allows school districts to exceed the limitation on debt for certain capital projects
Sponsor - Rep. Tricia Derges (R)
Summary - This bill expands the powers of the State Board of Education to allow the board to establish criteria for submitting petitions for modification of the limitation of debt.
The bill also outlines those procedures for a modification of the limitations of debt petition process under Section 26(b), Article VI, of the Constitution of Missouri. Upon the grant of the modification by the state board, and the approval of the electors in the district, the district may borrow and issue bonds for the following purposes: purchase or improvement on a site, addressing safety concerns, purchasing school buses, and constructing, furnishing, equipping, repairing, remodeling, or making additions to buildings necessary for school district purposes. The bill outlines criteria for the state board to prioritize applications and establishes limits as outlined in the bill.
This bill will not become effective unless an amendment of Section 26(b) of Article VI of the Constitution of Missouri is approved by a majority of the qualified voters.
This bill is similar to HB 1897 (2020).
Sponsor - Rep. Ron Hicks (R)
Summary - This bill specifies that no employee of a political subdivision of this state, subject to exceptions, can be required to reside within a particular jurisdiction as a condition of employment.
HB554 - Modifies provisions relating to taxation
Sponsor - Rep. John Eggleston (R)
Summary - SALES AND USE TAX MAP (Section 32.310, RSMo)
Currently, the Department of Revenue maintains a mapping feature on its website that displays sales tax information of political subdivisions of this state that have taxing authority.
This bill requires use tax information to be added to the mapping feature. Also, this bill requires the mapping feature to show the total of combined rates of overlapping taxing jurisdictions by July 1, 2022.
TELECOMMUNICATIONS SERVICES (Sections 67.2677, 67.2689, and 67.2720))
This bill modifies provisions relating to communications services offered in political subdivisions.
The bill modifies the definition of "gross revenues" for provisions of law relating to video service providers.
The bill provides that a franchise entity may collect a video service provider fee equal to not more than 5% of the gross revenues of a video service provider providing service in the geographic area of such franchise entity. The fee will be phased out as follows:
Beginning August 28, 2023, 4.5% of gross revenues;
Beginning August 28, 2024, 4% of gross revenues;
Beginning August 28, 2025, 3.5% of gross revenues;
Beginning August 28, 2026, 3% of gross revenues; and
Beginning August 28, 2027, and continuing thereafter, 2.5% of gross revenues.
Currently, video service providers may identify and collect the amount of the video service provider fee as a separate line item on subscriber bills. This bill specifies that, the fee will be identified and collected as a separate line item.
The bill creates the "Task Force on the Future of Right-of-Way Management and Taxation" consisting of 16 members:
(1) Two members of the Senate appointed by the President Pro Tem;
(2) One member of t he Senate appointed by the Minority Floor Leader;
(3) Two members of the House of Representatives appointed by the Speaker;
(4) One member of the House of Representatives appointed by the Minority Floor Leader;
(5) Four members that are municipal officials or other political subdivision officials, two appointed by the President Pro Tem of the Senate and two appointed by the Speaker of the House of Representatives;
(6) Four experts in the telecommunications industry, two to be appointed by the President Pro Tem of the Senate and two appointed by the Speaker of the House of Representatives;
(7) A member of the municipal league of metro St. Louis appointed by the Speaker of t he House of representatives; and
(8) A member of the Missouri municipal league appointed by the President Pro Tem of the Senate.
The purpose of the Task Force is to study best methods for rightof-way management, taxation of video services, and the future revenue needs of municipalities and political subdivisions as such revenue relates to video services.
The Task Force will compile a report of its activities for submission to the General Assembly. The report will be submitted no later than December 31, 2023, and will include any recommendations which the Task Force may have for legislative action. The Task Force will expire on December 31, 2023.
These provisions are the same as SB 163 (2021).
TAXATION OF SATELLITE OR STREAMING VIDEO SERVICES (Section 67.2680)
This bill prohibits the state or any other political subdivision from imposing any new tax, license, or fee in addition to any tax, license, or fee already authorized on or before August 28, 2021, upon the provision of satellite or streaming video service.
INCOME TAX (Section 143.011)
Currently, the top rate of income tax is 5.4% and may be reduced to 5.1% by a series of tax cuts of .1% over a period of years with only one reduction occurring per year. A tax reduction at the top rate occurs if the amount of net general revenue collected in the previous fiscal year exceeds the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least $150 million.
This bill reduces the top rate of income tax by .1% and increases the total amount of cuts from 5 to 6.
USE TAX (Section 144.605)
Beginning January 1, 2022, this bill provides that a vendor engages in business activities in this state if a vendor during a 12 month period meets the following criteria:
(1) Has cumulative gross receipts of at least $100,000 from the sale of tangible personal property to purchasers for the purpose of storage, use, or consumption in this state, as determined by the bill; and
(2) Does not have a physical presence within the state and the associated sales occurred with use of the Internet.
Any department that has the Constitutional authority to collect sales and use tax under Article IV of the Constitution of Missouri may remit any new revenue collected under the provisions of the bill to the General Revenue Fund.
This bill specifies that any vendor that does not have a physical presence within the state and the associated sales occurred with use of the Internet will not be subject to use taxes of a political subdivision in this state unless the use tax is approved or reapproved by the voters of the political subdivision.
Additionally, this bill provides that political subdivisions that wish to enact a new local use tax, but do not wish to subject vendors that do not have a physical presence within the state and the associated sales occurred with use of the Internet to such local use tax, may enact such local use tax according to the applicable provisions local use tax laws, or any other applicable local use tax authorization provisions, and may exclude such vendors from such new tax.
TAXING JURISDICTION DATABASE (Section 144.637)
This bill requires the Director of the Department of Revenue to provide and maintain a downloadable electronic database at no cost to the user for taxing jurisdiction boundary changes and tax rates. Such databases may be directly provided by the Director, or may be provided by a third party as designated by the Director.
Vendors will not be liable for reliance upon incorrect data provided by the director on tax rates, boundaries, or taxing jurisdiction assignments.
MARKETPLACE FACILITATORS (Section 144.752)
By January 1, 2022, marketplace facilitators, as defined in the bill, that meet the use tax economic nexus threshold established in the bill must register with the Department of Revenue to collect and remit use tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the bill. These retail sales will include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace, as defined in the bill.
Marketplace facilitators properly collecting and remitting use tax in a timely manner will be eligible for any discount provided for currently.
Marketplace facilitators must provide purchasers with a statement or invoice showing that the use tax was collected and will be remitted on the purchaser's behalf.
Marketplace facilitators may apply to the Department of Revenue for relief from liability for the failure to collect and remit the correct amount of sales or use tax on retail sales facilitated for marketplace sellers under certain circumstances, as described in the bill. Relief from liability will be a percentage of the sales and use tax collected by the marketplace facilitator, with such percentage being 4% for sales made during the 2022 calendar year, 2% for sales made during the 2023 calendar year, 1% for sales made during the 2024 calendar year, and 0% thereafter.
LOCAL USE TAX (Sections 144.757 and 144.759)
This bill alters ballot language for approval or reapproval by the voters of the political subdivision for the collection of use taxes.
As specified in the bill, any county or municipality with an existing local use tax enacted prior to January 1, 2022, will be permitted to keep such existing local use tax at a rate not to exceed the rate enacted as of January 1, 2022. If any such county or municipality places a new use tax measure on the ballot and the measure fails to pass, the use tax enacted prior to January 1, 2022, will remain in effect until it expires or is repealed, reduced, or raised by a future ballot measure. If any such county or municipality places the use tax measure of this section on the ballot and the measure passes, the use tax of this section will replace the previously enacted use tax.
Currently, a local use tax may be referred to or described as the equivalent of a sales tax on purchases made from out-of-state sellers by in-state buyers and on certain intrabusiness transactions and the description will not change the classification, form or subject of the use tax or the manner in which it is collected.
This bill provides that the use tax must not be described as a new tax, described as not being a new tax, nor will it be advertised or promoted in a manner in violation of current law.
This bill provides that the portion of the local use tax imposed by St. Louis County will be distributed to the cities, towns, villages, and unincorporated areas of the county on the ratio of the population that each such city, town, village, and unincorporated area bears to the total population of the county. Provided, however, the county treasurer or other officer will distribute the portion of the use tax imposed by the county equal to the rate of sales tax imposed by the county required under current law for the purpose of funding zoological activities and zoological facilities of the zoological park subdistrict of the metropolitan zoological park and museum district.
The provision regarding St. Louis County is the same as a provision in SCS SBs 153 & 97
SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT (Sections 144.1000- 144.1015)
Repeals the Simplified Sales and Use Tax Administration Act.
This bill has a nonseverablity clause.
HB555 - Modifies provisions relating to taxation
Sponsor - Rep. John Eggleston (R)
Summary - This bill modifies provisions relating to taxation.
TAX MAP (Section 32.310, RSMo)
Currently, the Department of Revenue maintains a mapping feature on its website that displays sales tax information of political subdivisions of this state that have taxing authority.
This bill requires use tax information to be added to the mapping feature.
By July 1, 2022, this bill requires the mapping feature to show the total of rates of sales and use taxes of overlapping taxing jurisdictions and requires the mapping feature to include property tax levy information, including the current rate, of political subdivisions in this state that have property taxing authority. The State Auditor will provide the Department of Revenue all property tax levy information for the Department to comply with the property tax requirement by January 1, 2022.
CERTAIN TAXING DISTRICTS (Sections 67.1545, 238.207, 238.235, and 238.237)
Currently, Community Improvement Districts (CIDs) and Transportation Development Districts (TDDs) are authorized to impose a sales tax on purchases made within such districts if approved by a majority of voters living within the district. This bill requires such sales taxes to be approved by a majority of the voters of the municipality in which the district is located, rather than just the district. Additionally, current law authorizes TDDs to charge and collect tolls or fees for the use of a project if approved by a majority of voters within the district. This bill requires such tolls or fees to be approved by a majority of voters within the municipality in which the TDD is located.
VIDEO SERVICE PROVIDERS (Sections 67.2677 and 67.2689)
This bill modifies the definition of "gross revenues" as it applies to video service provider fees and modifies the video service provider fee that a franchise entity may collect from each customer.
Currently, a franchise entity may collect a fee of 5% of gross revenues. Beginning January 1, 2023, for any county or municipality that adopts a local use tax under Section 144.757 of this bill, the fee would be 4% of gross revenues. The fee would reduce by 1% of gross revenues each year until the fee is eliminated on January 1, 2027. The video service provider must also identify and collect the fee and other specified fees as separate line items on a customer's bill.
FINANCIAL REPORTS OF POLITICAL SUBDIVISIONS (Section 105.145)
Currently, any TDD having gross revenues of less than $5,000 in a fiscal year for which an annual financial statement was not timely filed to the State Auditor is not subject to a fine.
This bill expands that exemption to any political subdivision that has gross revenues of less than $5,000 or that has not levied or collected sales or use taxes in the fiscal year for which the annual financial statement was not timely filed is not subject to a fine.
Additionally, if failure to timely submit the annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the failure will not be subject to a fine if the statement is filed within 30 days of discovery of the fraud or illegal conduct.
If the political subdivision has an outstanding balance or fines at the time it files its first annual financial statement after January 1, 2021, the Director of Revenue will make a one-time downward adjustment to such outstanding balance in an amount that reduces the outstanding balance by 90%. If the Director of the Department of Revenue determines a fine is uncollectable, the Director will have the authority to make a one-time downward adjustment to any outstanding penalty.
The Director will initiate the process to disincorporate a political subdivision if a political subdivision has an outstanding balance for fines or penalties and fails to file an annual financial statement as provided in the bill. A resident of a political subdivision may file an affidavit with the Director with information regarding the political subdivision's failure to report.
The question of whether a political subdivision may be subject to disincorporation will be submitted to the voters of the political subdivision as provided in the bill. Upon the affirmative vote of a majority of voters in the political subdivision, the Director will file an action to disincorporate the political subdivision in the circuit court with jurisdiction over the political subdivision. The circuit court will enforce such orders and carry out remedies as provided in the bill.
Additionally, the Attorney General will have the authority to file an action in a court of competent jurisdiction against any political subdivision that fails to comply with these provisions.
TAXATION OF AIRCRAFT (Section 137.115)
This bill increases the number of hours of operation per year a noncommercial aircraft at least 25 years old can fly from less than 50 hours to less than 100 hours in order to be assessed and valued at 5% of the aircraft's true value for property tax purposes.
INCOME TAX (Sections 143.011, 143.031, 143.131, 143.151, and 143.161)
This bill changes the income tax rate for all residents to 5.3% for all tax years beginning on January 1, 2022.
This bill requires a married couple who files a joint federal income tax return to file a combined return.
This bill increases the Missouri standard deduction to the allowable federal standard deduction plus $3000.
Currently, an individual can deduct $2,100 as a personal exemption, $2,100 for a spouse, and $1,200 for each dependent. This bill eliminates these deductions and the additional $1,400 deduction for head of household or surviving spouse beginning January 1, 2022.
For all tax years beginning on or after January 1, 2022, a resident may deduct $1,000 for each dependent who has attained 65 years of age on or before the last day of the tax year if the dependent resides in the taxpayer's home or the dependent's own home or does not receive Medicaid or state funding while residing in a facility licensed under Chapter 198.
USE TAX (Section 144.605)
Beginning January 1, 2022, this bill provides that a vendor engages in business activities in this state if a vendor during a 12 month period meets the following criteria:
(1) Has cumulative gross receipts of at least $100,000 from the sale of tangible personal property to purchasers for the purpose of storage, use, or consumption in this state, as determined by the bill; and
(2) Does not have a physical presence within the state and the associated sales occurred with use of the Internet.
Any department that has the Constitutional authority to collect sales and use tax under Article IV of the Constitution of Missouri may remit any new revenue collected under the provisions of the bill to the General Revenue Fund.
This bill specifies that any vendor that does not have a physical presence within the state and the associated sales occurred with use of the Internet will not be subject to use taxes of a political subdivision in this state unless the use tax is approved or reapproved by the voters of the political subdivision.
Additionally, this bill provides that political subdivisions that wish to enact a new local use tax, but do not wish to subject vendors that do not have a physical presence within the state and the associated sales occurred with use of the Internet to such local use tax, may enact such local use tax according to the applicable provisions local use tax laws, or any other applicable local use tax authorization provisions, and may exclude such vendors from such new tax.
TAXING JURISDICTION DATABASE (Section 144.637)
This bill requires the Director of the Department of Revenue to provide and maintain a downloadable electronic database at no cost to the user for taxing jurisdiction boundary changes and tax rates. Such databases may be directly provided by the Director, or may be provided by a third party as designated by the Director.
Vendors will not be liable for reliance upon incorrect data provided by the Director on tax rates, boundaries, or taxing jurisdiction assignments.
MARKETPLACE FACILITATORS (Section 144.752)
By January 1, 2022, marketplace facilitators, as defined in the bill, that meet the use tax economic nexus threshold established in the bill must register with the Department of Revenue to collect and remit use tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the bill. These retail sales will include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace, as defined in the bill.
Marketplace facilitators properly collecting and remitting use tax in a timely manner will be eligible for any discount provided for currently.
Marketplace facilitators must provide purchasers with a statement or invoice showing that the use tax was collected and will be remitted on the purchaser's behalf.
LOCAL USE TAX (Section 144.757)
This bill alters ballot language for approval or reapproval by the voters of the political subdivision for the collection of use taxes.
Under this bill, any county or municipality with an existing local use tax enacted prior to January 1, 2022, will be permitted to keep such existing local use tax at a rate not to exceed the rate enacted as of January 1, 2022. If any such county or municipality places a new use tax measure on the ballot and the measure fails to pass, the use tax enacted prior to January 1, 2022, will remain in effect until it expires or is repealed, reduced, or raised by a future ballot measure. If any such county or municipality places the use tax measure of this section on the ballot and the measure passes, the use tax of this section will replace the previously enacted use tax.
Currently, a local use tax may be referred to or described as the equivalent of a sales tax on purchases made from out-of-state sellers by in-state buyers and on certain intrabusiness transactions and the description will not change the classification, form or subject of the use tax or the manner in which it is collected.
This bill provides that the use tax must not be described as a new tax, described as not being a new tax, nor will it be advertised or promoted in a manner in violation of current law.
DEFINITION OF "BLIGHTED" (Sections 67.1401, 99.020, 99.320, 99.805, 99.918, 99.1082, 100.310, 135.950, 262.900, and 353.020)
This bill redefines the term "blighted" and "blighted area" as an area which, by reason of the predominance of defective or inadequate street layout, insanitary or unsafe conditions, deterioration of site improvements, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety, or welfare in its present condition and use, and, for an area located in a city not within a county, which is located in a census tract that is defined as a "low-income community" under 26 U.S.C. Section 45D or is eligible to be designated as a "qualified opportunity zone" under 26 U.S.C. Section 1400Z.
MISSOURI WORKS PROGRAM (Section 620.2005)
This bill provides store front consumer-based retail trade establishments located in any county of the third or fourth classification may qualify for benefits under the Missouri Works Program.
SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT (Sections 144.1000- 144.1015)
This bill repeals the Simplified Sales and Use Tax Administration Act.
This bill has a nonseverablity clause.
HB556 - Imposes naming requirements for ballot measures
Sponsor - Rep. John Eggleston (R)
Summary - This bill imposes a labeling requirement for political subdivision and special district ballot measures beginning with "Proposition A" and so on consecutively to "Proposition Z" and continuing with double letters in alphabetical order if necessary. If a measure is labeled, but not voted upon at the next election, then it retains its letter designation until it has been voted on. This practice is identical to the current law on statewide ballot measure labeling.
HB558 - Authorizes an income tax deduction for certain public school retirement system participants
Sponsor - Rep. Bill Hardwick (R)
Summary - Beginning on January 1, 2022, this bill provides that 100% of the income any taxpayer who participates in a retirement system established under Section 169.020, 169.280, 169.420, or 169.610, RSMo., to the extent that such income is included in the taxpayer's federal adjusted gross income, may be deducted from his or her Missouri adjusted gross income to determine his or her taxable income. If the individual files a combined return with a spouse, any income that would otherwise be attributable to the taxpayer if the taxpayer filed separately, to the extent that such income is included in the taxpayers' combined federal adjusted gross income, may be deducted from their Missouri combined adjusted gross income.
Sponsor - Rep. Chris Dinkins (R)
Summary - This bill specifies that all moneys paid to the state by the U.S. Secretary of the Treasury from mining royalties on federal land in the state must be deposited in the newly created "Federal Mineral Royalties Distribution Fund" and within three months following the calender quarters ending in March, June, September, and December, the Director of the Department of Revenue must certify to the State Treasurer the amount of moneys received for royalties.
The State Treasurer must allocate the total money received among the counties in which the minerals were produced based on the proportion each county's mineral royalty revenue bears to the total received by the state. Of the money received, 50% must be allocated and paid to the counties for planning, construction, and maintenance of county roads, public facilities, and public services. The remaining moneys received are to be allocated and paid to the school districts of the state in proportion to the area of federal mining lands in the district.
This bill is similar to HB 2548 (2020).
Sponsor - Rep. John Eggleston (R)
Summary - This bill relates to immunizations and the powers of government entities and employers during a statewide health emergency.
IMMUNIZATIONS (Sections 167.181, 174.335, 190.091, 210.003, 210.030 and 334.157, RSMo.)
Currently, if an immunization is required there must be specified reasons and documentation as to why he or she should not be vaccinated. This bill:
(1) Removes limitations on the reasoning for objections to immunizations in public schools (Section 167.181 RSMo);
(2) Modifies the immunization requirements for meningococcal vaccinations in public institutions of higher education (Section 174.335);
(3) Modifies immunization requirements for first responders (Section 190.091);
(4) Modifies immunization requirements for daycares (Section 210.003);
(5) Adds maternal consent as a requirement for the administration of the hepatitis B vaccine and immune globulin for unborn and newborn children (Section 210.030); and
(6) Removes rule making authority from the State Board of Registration for the Healing Arts for physicians relating to the hepatitis B vaccine and immunoglobulin for neonates (Section 334.157).
STATEWIDE HEALTH EMERGENCY (Sections 191.248 and 292.653)
During the period that a statewide health emergency exists or continues, any governmental entity, as defined in the bill, is prohibited under the provisions of this bill from requiring face coverings to prevent the spread of a contagious illness, requiring testing to determine if a person has contracted or recovered from a contagious illness, requiring any person or entity to conduct or participate in contact tracing, or requiring any person to receive an immunization against contagious illness. The bill prevents government entities from imposing penalties on any person, business, or church that does not follow government guidance in relation to the spread of a contagious illness (Section 191.248).
The bill likewise prevents employers doing business in this state during a statewide health emergency from requiring face coverings to prevent the spread of a contagious illness, requiring testing to determine if an employee has contracted or recovered from a contagious illness, requiring an employee to conduct or participate in contact tracing, or requiring an employee receive an immunization against contagious illness. The bill prevents employers from penalizing any employee that engages in or refuses to engage in described behaviors (Section 292.653).
The bill contains an emergency clause.
Sponsor - Rep. Marlene Terry (D)
Summary - This bill clarifies language for school districts that are classified as unaccredited. Currently for districts that are unaccredited and under the operation of a special administrative board when they achieve a provisionally accredited level for two consecutive years the State Board of Education (SBE) may provide for a transition. This bill requires the SBE to provide for a transition.
HB575 - Establishes the "Missouri Religious Freedom Protection Act"
Sponsor - Rep. Alex Riley (R)
Summary - This bill establishes the "Missouri Religious Freedom Protection Act", which prohibits a public official, as defined in the bill, from issuing an order that has the effect of limiting or prohibiting religious groups from holding religious services or meetings.
The bill also prohibits a public official from issuing an order that has the effect of limiting or prohibiting places of worship from holding religious services or meetings.
These prohibitions do not apply to religious groups using places of worship to intentionally commit or plan to commit acts of violence or harm against others, or to emergency evacuation orders involving imminent danger from flooding, fires, tornadoes, earthquakes, terrorist threats, civil unrest, or hazardous material incidents that apply generally to the area where the worship or the residences of its members are located. Once the imminent danger has passed, religious service will be allowed to resume.
These prohibitions can not be interpreted to exclude places of worship from complying with applicable building and fire codes.
HB576 - Requires a state agency to repeal two existing rules before enacting a new one
Sponsor - Rep. Alex Riley (R)
Summary - This bill prohibits a rule proposed by a department, agency, commission, or board from taking effect unless the entity proposing the rule also repeals at least two existing rules.
Sponsor - Rep. Louis Riggs (R)
Summary - This bill requires the Department of Elementary and Secondary Education to submit an annual report to the General Assembly beginning on June 30, 2022. The report will indicate the number of elementary and secondary students who reside in a residence with limited or no access to the Internet. The report shall indicate the total number of pupils statewide and by school district.
This bill is similar to HB 2316 (2020).
HB581 - Establishes the "21st-Century Missouri Education Task Force"
Sponsor - Rep. Louis Riggs (R)
Summary - This bill establishes the "21st Century Missouri Education Task Force". The membership of the Task Force includes: three members of the House of Representatives with two members appointed by the Speaker of the House of Representatives and one appointed by the Minority Leader, three members of the Senate with two appointed by the President Pro Tem of the Senate and one appointed by the Minority Leader, the Governor or his designee, 10 members as appointed by the Governor representing various interested parties, the Commissioner of Education and the Commissioner of Higher Education or their designees.
The mission of the Task Force is outlined in the bill and includes, but is not limited to, evaluation of current educational process and funding including the use of technology and artificial intelligence to improve student outcomes. The Task Force will make recommendations for legislation as well as submit a report outlining a summary of task force activities to the General Assembly before August 28, 2022. The Task Force will suspend operations on January 1, 2023 and reconvene January 1, 2024 to provide updates and review recommendations to be presented by August 28, 2024.
This bill is similar to HCS HB 2387 (2020) and HCS HB 744 (2019).
HB586 - Modifies provisions relating to local use taxes
Sponsor - Rep. Jeff Knight (R)
Summary - This bill modifies ballot language required for the submission of a local use tax to voters by including language stating that the approval of the local use tax will eliminate the disparity in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers.
This bill is the same as HB 1584 (2020).
HB587 - Modifies provisions relating to worker classification
Sponsor - Rep. Jeff Porter (R)
Summary - This bill requires the Division of Workers' Compensation, within the Department of Labor and Industrial Relations, to refer to guidance issued by the Internal Revenue Service, when determining whether an individual or entity is an employee or independent contractor. The bill removes language that defines service performed for renumeration as employment unless a common law test is applied.
This bill is similar to HB 2071 (2020).
HB588 - Implements the Streamlined Sales and Use Tax Agreement
Sponsor - Rep. Steve Butz (D)
Summary - This bill creates the "Streamlined Sales and Use Tax Agreement Act" and requires the Director of the Department of Revenue to enter into the "Streamlined Sales and Use Tax Agreement" with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and types of commerce. Additionally, this bill creates the "Streamlined Sales and Use Tax Agreement Special Fund" which will consist of the revenue generated by this bill and will be transferred to pay for outstanding transportation bond debt. These provisions will sunset five years after the effective date of the bill (Section 32.070, RSMo).
The bill specifies that:
(1) When a city annexes or detaches property, the city clerk must forward a certified copy of the ordinance to the Department Director within 10 days of adoption of the ordinance. The tax rate in the added or abolished territory must become effective on the first day of the calendar quarter 120 days after the sellers receive notice of the change (Section 32.087.18);
(2) When a political subdivision changes the tax rate or the local sales tax boundary, the change must become effective on the first day of the calendar quarter 120 days after the sellers receive notice of the change (Section 32.087.19); and
(3) When specified political subdivisions repeal an existing tax, the repeal must become effective on the first day of the calendar quarter 120 days after notice to sellers (Sections 66.620 - 67.1545, 67.1775, 67.2000, and 67.2530). The bill also:
(1) Requires the Department to establish the necessary rules to implement the compliance provisions of the agreement. The state must be represented by three delegates including a person appointed by the Governor, a member of the General Assembly appointed by mutual consent of the President Pro Tem of the Senate and the Speaker of the House of Representatives, and the Department Director or his or her designee. The delegates must make an annual report by January 15 on the status of the agreement (Section 32.070);
(2) Authorizes the Department Director to retain 1% of the amount of any local sales or use taxes collected by the Department for the cost of collection (Sections 32.086 and 67.395 - 67.576);
(3) Requires the Department Director to perform all functions regarding the administration, collection, enforcement, and operation of all sales tax and additional tax authorized in the bill (Section 67.2530);
(4) Defines "delivery charges", "food and food ingredients", "bottled water", "candy", "ancillary services", "lease or rental", and "purchase price" as they apply in the streamlined agreement. The bill also defines "engages in business activities within this state" and "maintains a place of business in this state" as they relate to the collection of taxes and defines "tangible personal property" to exclude specified digital products, digital audiovisual works, digital audio works, and digital books (Section 144.010);
(5) Establishes rules to determine the taxability of bundled transactions involving both taxable and nontaxable goods or services (Section 144.022);
(6) Requires uniform sourcing rules to determine what tax rates will apply to certain transactions (Sections 144.111 - 144.112);
(7) Requires the Department Director to participate in an online registration system that will allow sellers to register in this state and other member states. Registration with the central registration system and the collection of sales and use taxes in this state must not be used as a factor in determining whether the seller has nexus with this state for any tax at any time (Section 144.082);
(8) Requires the Department Director to establish rules and regulations for the remittance of sales and use taxes that allow for payments by all remitters and requires a seller to submit its sales and use tax returns electronically in a simplified format approved and prescribed by the Department Director (Section 144.084);
(9) Requires a seller to be allowed a deduction from taxable sales for bad debts attributable to taxable sales that have become uncollectable (Section 144.105);
(10) Requires the Department Director to provide and maintain an electronic database that describes boundary changes for all taxing jurisdictions and the effective dates of the changes for sales and use tax purposes, a database of all sales and use tax rates for all taxing jurisdictions, and a database that assigns each five- and nine-digit zip code to the proper rates and taxing jurisdictions. The Department Director must complete a taxability matrix and provide reasonable notice of changes in the taxability of products or services listed in the matrix. A seller or certified service provider cannot be held liable for reliance upon erroneous data provided by the Department Director on tax rates, boundaries, or taxing jurisdiction assignments (Sections 144.123 - 144.124);
(11) Authorizes an amnesty to certain out-of-state sellers with uncollected or unpaid sales or use tax if the seller was not registered in Missouri in the prior 12-month period before the effective date of this state's participation in the streamlined agreement (Section 144.125);
(12) Requires the Department Director to provide a monetary allowance under the automated collection system for sellers and certified service providers for collecting and remitting the state and local sales taxes. Currently, sellers are allowed to keep 2% for collecting and timely remitting the tax. A seller cannot simultaneously receive this monetary allowance and the 2% timely filing deduction (Sections 144.140 and 144.710); and
(13) Requires marketplace facilitators that meet the sales tax economic nexus threshold established in the bill to register with the Department of Revenue to collect and remit sales tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as described in the bill (Section 144.565).
SALES AND USE TAX
The bill:
(1) Authorizes a state and local sales and use tax exemption for sales of over-the-counter drugs to individuals with disabilities, and all sales of durable medical equipment, prosthetic devices, mobility enhancing equipment, and drugs dispensed by prescription (Section 144.030.2(19));
(2) Authorizes a state and local sales and use tax exemption for school instructional materials (Section 144.030.2(47));
(3) Removes opt-out option for locals, changes the purchase limits on the back-to-school sales tax holiday from a per transaction limit to a per item limit and adds instructional materials and school computer supplies (Section 144.049); and
(4) Requires any out-of-state seller who is not legally required to register for use tax but voluntarily collects and remits use tax to file a return to pay the taxes annually (Section 144.655.7).
The provisions of this bill will become effective on January 1, 2022 unless otherwise provided.
This bill is the same as HB 1967 (2020) and similar to HB 908 (2019).
Sponsor - Rep. Dan Houx (R)
Summary - This bill requires public officials including those elected or appointed to positions in the state, its agencies, political subdivisions, and special districts to maintain a unique email address and direct phone number or extension for the purpose of constituent contact. These entities shall maintain information about the email address and phone numbers of their public officials on their website or social media pages.
HB591 - Authorizes an income tax deduction for restaurant and bar employees
Sponsor - Rep. Tom Hannegan (R)
Summary - Beginning on January 1, 2022, for purposes of calculating Missouri taxable income, 100% of the income of any taxpayer who is employed by an employer with a NAICS code for "restaurants and other eating places" may be deducted from their Missouri adjusted gross income to determine their Missouri taxable income.
HB593 - Modifies provisions relating to taxation
Sponsor - Rep. Travis Fitzwater (R)
Summary - Currently, the Department of Revenue maintains a mapping feature on its website that displays various sales tax information. This bill requires such mapping feature to include use tax information. Political subdivisions collecting a use tax must send such data to the Department of Revenue by January 1, 2022, and the Department must implement the mapping feature using the use tax data by August 28, 2022.
If the boundaries of a political subdivision in which a sales or use tax has been imposed are changed or altered, the political subdivision must forward to the Director of Revenue by United States mail a certified copy of the ordinance adding or detaching territory from the political subdivision within 10 days of the adoption of the ordinance. The ordinance must reflect the effective date of the ordinance and must be accompanied by a map in a form to be determined by the Director of Revenue. Upon receipt of the ordinance and map, the tax imposed under the local sales tax law will be effective in the added territory or abolished in the detached territory on the first day of a calendar quarter after 120 days' notice to sellers.
CASH OPERATING EXPENSE FUND (Section 33.575)
This bill creates the "Cash Operating Expense Fund", which will consist of use tax revenues collected under the provisions of this bill, any funds appropriated to the Office of the Governor for expenses incident to emergency duties performed by the National Guard that are unexpended at the end of a fiscal year, and funds appropriated by the General Assembly.
Subject to appropriation, the Governor may transfer funds from the fund into the General Revenue Fund in any fiscal year in which actual revenues are less than the revenue estimates upon which appropriations were based or in which there is a budget need due to a natural disaster, as proclaimed by the Governor to be an emergency.
If the balance in the fund at the close of any fiscal year exceeds 2.5% of the net General Revenue collections for the previous year, such excess will be divided evenly between the State Road Fund and Debt Retirement Fund related to bonds issued by or on behalf of the state, as described in the bill. The "Debt Retirement Fund" is established in the bill for the purpose of retiring state debt.
ECONOMIC NEXUS (Section 144.605)
Beginning January 1, 2023, this bill modifies the definition of "engaging in business activities in this state" for use tax purposes to include selling tangible personal property for delivery into this state, provided such vendor had cumulative gross receipts of at least $100,000 from such sales in the previous or current calendar year.
TAX COLLECTION AND REMITTANCE (Sections 144.608 and 144.140)
This bill authorizes the Department of Revenue to:
(1) Consult, contract, and work jointly with the Streamlined Sales and Use Tax Agreement's Governing Board to allow sellers to use the Governing Board's certified service providers (CSPs) and central registration system services; or
(2) Consult, contract, and work with CSPs independently.
The Department is authorized to determine the method and amount of compensation to be provided to CSPs by this state for the services of such CSPs to certain sellers provided no CSPs or seller utilizing a CSP is entitled to the current retention of 2% of tax.
TAXING JURISDICTION DATABASE (Section 144.637)
This bill requires the Director of the Department of Revenue to provide and maintain a downloadable electronic database at no cost to the user of the database for taxing jurisdiction boundary changes and tax rates. Such databases may be directly provided by the Director, or may be provided by a third party as designated by the Director.
Vendors will not be liable for reliance upon erroneous data provided by the Director on tax rates, boundaries, or taxing jurisdiction assignments.
TAXABILITY MATRIX (Section 144.638)
This bill requires the Director of Revenue to provide and maintain a taxability matrix and provide notice of changes in the taxability of products or services listed in the matrix.
Sellers and certified service providers will be relieved from liability for reliance upon erroneous data provided or approved by the Department, and a seller will be relieved from liability for erroneous returns made by a CSP on behalf of the seller.
MARKETPLACE FACILITATORS (Section 144.752)
Beginning January 1, 2023, marketplace facilitators, as defined in the bill, that engage in business activities within the state must register with the Department of Revenue to collect and remit use tax on sales delivered into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the bill. Such retail sales include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace.
Marketplace facilitators must report and remit use tax collected under this bill as determined by the Department. Marketplace facilitators properly collecting and remitting use tax in a timely manner will be eligible for any discount provided for under current law.
Marketplace facilitators must provide purchasers with a statement or invoice showing that the use tax was collected and will be remitted on the purchaser's behalf.
No class action will be brought against a marketplace facilitator in any court in this state on behalf of purchasers arising from or in any way related to an overpayment of sales or use tax collected on retail sales facilitated by a marketplace facilitator, regardless of whether that claim is characterized as a tax refund claim.
LOCAL USE TAX (Sections 144.757 and 144.759)
This bill modifies ballot language required for the submission of a local use tax to voters by including language stating that the approval of the local use tax will eliminate the disparity in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers, and by repealing ballot language specific to St. Louis County and its municipalities.
Beginning on January 1, 2023, this bill provides that the portion of the local use tax imposed by St. Louis County will be distributed to the cities, towns, villages, and unincorporated areas of the county on the ratio of the population that each such city, town, village, and unincorporated area bears to the total population of the county.
EFFECTIVE DATES
The provision relating to creating the Cash Operating Expense Fund contains an emergency clause.
The provisions relating to economic nexus, marketplace facilitators, and St. Louis County's local use tax will become effective January 1, 2023.
The remaining provisions will become effective August 28, 2021.
HB595 - Requires certain public schools to offer breakfast after the bell
Sponsor - Rep. Ian Mackey (D)
Summary - This bill requires a public or charter school to offer breakfast after the bell if 70% or more of the school's students were eligible for free or reduced price meals in the previous year, the school uses the United States Department of Agriculture Community Eligibility Option, or the school has an individual site percentage for free or reduced price meals of 70% or more and is a Provision 2 school as described in 7 CFR 245.9. A school in which 70% or more of its students who are eligible for free or reduced price meals participate in the School Breakfast Program shall not be required to offer breakfast after the bell.
Schools shall offer breakfast after the bell to all students in the school, including students who arrive late or by a different mode of transportation than most students. Schools may choose a service model that best suits their students, including breakfast in the classroom or breakfast after first period.
Schools shall not be required to offer breakfast after the bell if the federal per-meal reimbursements for free or reduced price breakfasts are decreased below 2021 levels or eliminated.
The bill also requires the Department of Elementary and Secondary Education to notify schools required to offer breakfast after the bell; recognize up to 15 minutes spent by students consuming breakfast as instructional time if the students receive instruction while consuming breakfast in the classroom; assist schools as specified in the bill; collect information as specified in the bill; and submit a report each year on or before December 31st, to the General Assembly on the implementation and effectiveness of the provisions of the bill.
This bill is similar to HB 1931 (2020) and HB 132 (2019).
HB596 - Authorizes a tax credit for reestablishing a grocery store in a food desert
Sponsor - Rep. Ian Mackey (D)
Summary - This bill authorizes an income tax credit for the reestablishment of a full-service grocery store located in a food desert, where there was once formerly an operational grocery store. A "food desert" is defined as a census tract that has a poverty rate of at least 20% or a median family income of less than 80% of the statewide average featuring at least 500 people or 33% of the population located at least one mile from a full-service grocery store in urban areas or 10 miles in rural areas.
A taxpayer is allowed to claim a tax credit amount equal to 50% of the amount incurred in the reestablishment of a full-service grocery store by the taxpayer after the initial expenses of $1 million if the grocery store is established in a charter county, a first class county, or St. Louis city, or $500,000 if established elsewhere. A taxpayer cannot be allowed to claim a tax credit in excess of $2.5 million per taxable year. The credit is nonrefundable, but may be carried over to the next three years. The credits can be transferred, sold, or assigned. The total amount of credits authorized cannot exceed $25 million in any calendar year.
If a taxpayer fails to fully operate the reestablished full-service grocery store at the same location for at least five consecutive years, the taxpayer must repay the credits in an amount equal to the full value of the tax credit received, less 20% of the full value received for each full year in which the grocery store was fully operational. These provisions sunset on December 21, 2028.
This bill is the same as HB 2110 (2020).
HB599 - Requires motor vehicle dealers to collect and remit sales tax
Sponsor - Rep. Ian Mackey (D)
Summary - Beginning January 1, 2022, every licensed motor vehicle dealer must collect and remit sales tax on all motor vehicles sold. The Director of Revenue may make rules and regulations for the administration of this bill.
This bill is similar to HB 1352 (2020).
HB600 - Modifies provisions for elections
Sponsor - Rep. John Eggleston (R)
Summary - This bill requires certain election costs requiring additional expenses by election authorities under Section 115.065. RSMo., to be paid by political subdivisions and special districts in a proportional manner based on the ratio of a particular political subdivision's or special district's budget to the overall budget of such entities involved in a particular election. The budget information is submitted together with notice of elections to the election authority.
The bill also repeals a method for installing candidates in certain nonpartisan offices in political subdivisions and special districts without the need to hold an election under Section 115.125.
HB602 - Subjects exercise of emergency powers by state or local officials to strict scrutiny review
Sponsor - Rep. Derek Grier (R)
Summary - This bill requires that any exercise of emergency powers by the Governor or state or local officials that regulates the public is limited as follows:
1) It must be narrowly tailored to serve a compelling public health or safety purpose, and must be limited in duration, applicability, and scope to reduce infringement of individual liberty;
2) There must be expedited judicial review of these requirements, and a court may cite inequality in the applicability or impact of emergency orders on analogous groups, situations, and circumstances as evidence that the order is not narrowly tailored to serve a compelling public health or safety purpose;
3) To the extent allowed by the Constitution of Missouri and state law, only the Governor may issue emergency orders that infringe on Constitutional rights in a nontrivial manner. For the purposes of this section, Constitutional rights include, but are not limited to, the rights to travel, work, assemble, and speak; the freedom of religious exercise; the nonimpairment of contract and property rights; freedom from unreasonable search and seizure; and the freedom to purchase lawful firearms and ammunition;
4) All state-wide emergency orders infringing Constitutional rights will expire automatically after seven days unless the legislature is in session and has 15 days to consider and vote on them, or the Governor calls a special sessions for that purpose;
5) All orders will expire after 30 days unless the Governor or General Assembly terminates the order earlier or the legislature ratifies the order by joint resolution within the 30 day period;
The legislature is authorized to vote on these emergency orders by remote debate and electronic or other means, as established by the rules of the chamber or by the presiding officer of each chamber.
If the legislature fails to timely ratify an emergency order or rejects it, the Governor cannot reissue the order or issue one that is substantially similar, except that the Governor may reissue the order based on significantly changed circumstances for a single period of up to three days if the Governor calls the legislature to reconsider the order and the changed circumstances.
Nothing in this section grants additional emergency powers to the governor or any other official.
Notwithstanding the provisions of this section, state and local officials may issue nonbinding recommendations and guidelines and may help coordinate public and private action to prevent or respond to an emergency.
HB608 - Establishes qualifications for substitute teachers
Sponsor - Rep. Ed Lewis (R)
Summary - This bill provides a new four year certification method for individuals that want to substitute teach. The State Board of Education will issue certificates with a background check and a sponsorship by a public school district. Applicants for certification must also have at least 36 college hours or have completed a 20 hour online training and have a high school diploma or equivilency. Individuals must also complete a four hour orientation developed by the district that sponsors them. Certificates will expire if the individual fails to substitute teach for at least five days in a calendar year.
The bill also requires the Department of Elementary and Secondary Education to develop an online substitute training program with 20 hours of training related to subjects appropriate for substitute teaching.
HB613 - Establishes employees' right to compensation for unused vacation leave at end of employment
Sponsor - Rep. Wes Rogers (D)
Summary - This bill provides that when an employer ends an employment relationship, with or without cause, or an employee resigns or otherwise ends the employment relationship, the employee shall be paid all accrued vacation leave.
This bill is the same as HB 1500 (2020) and HB 330 (2019).
HB619 - Enacts provisions related to sports wagering
Sponsor - Rep. Wes Rogers (D)
Summary - This bill enacts new provisions relating to sport wagering.
The bill modifies the definition of "Games of skill" to include sports wagering and enacts a new definition of "Adjusted gross receipts" particular to sports wagering (Section 313.800, RSMo).
The bill allows licensed facilities to offer sports wagering in person at the licensed facility or over the Internet via an interactive sports wagering platform to persons physically located in this state. Authorized exemptions from federal law are implemented and shipment of gambling devices is authorized. (Section 313.1002).
The Missouri Gaming Commission shall adopt rules to implement the provisions of the bill and all rules must comply with Chapter 536, RSMo. Rules adopted under this section include the standards and procedures to govern sports wagering conduct, standards for offering Internet sports wagering to patrons physically located in Missouri, maintaining and auditing of books and financial records, standards concerning the detection and prevention of compulsive gambling, and standards governing security and surveillance (Section 313.1004).
Certificate holders shall ensure that the certificate holder's surveillance system covers all areas in which sports wagering is conducted, allow the Commission to be present through gaming agents during the hours sports wagering is conducted, ensure that individuals under the age of 21 are not making sports wagers, provide certain information to sports wagering patrons, and post a sign indicating the minimum and maximum amounts that may be wagered (Section 313.1004).
A person licensed to operate an excursion gambling boat in this state can apply to the Commission for a certificate of authority to conduct sports wagering. The applicant shall pay an application fee of $25,000 (Section 313.1006).
The Commission must test new sports wagering devices and new forms. Certificate holders shall designate an area within the licensed facility for conducting sports wagering. A certificate holder may contract with up to 3 branded interactive sports wagering platforms to conduct sports wagering at the certificate holder's licensed facility. Sports wagering may be conducted with negotiable currency. A certificate holder will determine the minimum and maximum wagers in sports wagering (Section 313.1008).
An interactive sports wagering platform, as defined, must apply to the Commission for authority to offer sports wagering on behalf of a certificate holder. Such an interactive sports wagering platform shall submit an application fee of $25,000. Each year after licensure, an interactive sports wagering platform shall submit an annual license renewal fee of $10,000 (Section 313.1010).
A certificate holder must verify that individuals under the age of 21 are not making sports wagers. The Commission shall promulgate rules for a sports wagering self-exclusion program, as described in the bill. The Commission shall also promulgate rules to ensure that advertisements for sports wagering do not target minors or other persons who are ineligible to place wagers, problem gamblers, or other vulnerable persons (Section 313.1012).
The Commission shall conduct background checks on individuals seeking licenses under these sections. Such background checks shall include a search for criminal history and any charges or convictions involving corruption or manipulation of sporting events. The bill provides a list of individuals who are prohibited from engaging in sports wagering, including anyone that owns at least 5% of the sports governing body or member teams. Anyone with at least 5% ownership that places or accepts any wager for a member team is guilty of a class C misdemeanor. The Commission and certificate holders must cooperate with investigations conducted by law enforcement agencies. A sports governing body may notify the Commission that it desires to restrict, limit, or exclude sports wagers, as defined in the bill, on its sporting events (Section 313.1014).
A certificate holder must maintain records of all bets and wagers placed through an interactive sports wagering platform, and all bets and wagers placed in person that exceed $10,000 in a 24-hour period, including personally identifiable information of the bettor, the amount and type of bet, the time the bet was placed, the location of the bet, the outcome of the bet, and records of abnormal betting activity for at least three years after the sporting event occurs (Section 313.1016).
A wagering tax of 6% is imposed on the adjusted gross receipts received from sports wagering conducted by a certificate holder. Such tax shall be remitted one day prior to the last business day of each month. Revenues received from the tax shall be deposited in the "Gaming Proceeds for Education Fund".
A certificate holder shall also pay to the Commission an annual administrative fee of $10,000. In addition to such administrative fee, a certificate holder shall pay to the Commission a fee of $5,000 every five years for a reinvestigation of the certificate holder. Such fees shall be deposited into the newly created "Sports Wagering Fund" (Section 313.1021).
All sports wagers placed under this bill shall be deemed to be initiated, received, and otherwise made on the property of an excursion gambling boat in this state. In accordance with federal law, the intermediate routing of electronic data shall not determine the location or locations in which such wager is initiated, received, or otherwise made (Section 313.1022).
This bill is similar to HB 2691 (2020).
HB621 - Authorizes the portion of Kansas City located in Clay County to establish a land bank
Sponsor - Rep. Wes Rogers (D)
Summary - This bill adds certain cities to the provisions in law that authorize home rule cities to establish land bank agencies.
Currently, the only additional home rule city to which this bill applies is that portion of Kansas City that is located in Clay County.
This bill is the same as HB 2546 (2020).
Sponsor - Rep. Doug Richey (R)
Summary - This bill establishes the "Show Me Success Diploma Program" as an alternative pathway to graduation for high school students. Students may earn the Show Me Success Diploma beginning at the end of a student's 10th grade year. By July 1, 2022, the Department of Elementary and Secondary Education shall develop detailed requirements for students to become eligible for the Show Me Success Diploma.
Students who earn a Show Me Success Diploma may elect to remain in high school. Alternatively, a student having earned the diploma may instead enroll in a qualifying postsecondary educational institution. For each student enrolled in such an institution, an amount equal to 90% of the pupil's proportionate share of the state, local, and federal aid that the district or charter school receives for such pupil, shall be deposited into an account that lists the pupil as the beneficiary.
Currently, an adult high school includes on-site child care for the children of students, this bill removes the on-site requirement and specifies that an adult high school is considered a "secondary school system" in regards to providing child care. The bill also adds that a student connected online to a live class is considered in-person instruction for an adult high school student.
This bill establishes the "Competency-Based Education Task Force" to study and develop competency-based education programs in public schools. The Task Force members will be appointed before October 31, 2021: two members of the House of Representatives appointed by the Speaker, two members of the Senate appointed by the President Pro Tem, four members appointed by the Governor. The Commissioner or his or her designee shall also serve on the Task Force. The members of the Task Force will represent the geographic diversity of the state.
The requirements, duties and obligations of the Task Force are outlined in the bill. A report shall be presented to the Speaker of the House of Representatives, the President Pro Tem of the Senate, the Joint Committee on Education, and the State Board of Education by the first of December annually.
This bill changes the Missouri Education Savings Program to the "Missouri Education Program" and changes the definition of an "eligible education institution" to an eligible education institution as defined in Section 529 of the Internal Revenue Code.
This bill is similar to SB 34 (2021).
HB625 - Establishes the Competency-based Education Task Force
Sponsor - Rep. Doug Richey (R)
Summary - This bill establishes the "Competency-Based Education Task Force", with two members to be appointed by the Speaker of the House of Representatives, whose mission is to study and develop competencybased education programs in public schools. The Task Force shall conduct interviews and at least three public hearings to identify promising Competency-Based Education Programs and obstacles of implementing such programs. Before December 1 of each year, the Task Force shall present its findings and recommendations to the Speaker of the House of Representatives, the President Pro Tem of the Senate, the Joint Committee on Education, and the State Board of Education.
This bill is similar to SB 35 (2021).
HB627 - Establishes a children's savings account program
Sponsor - Rep. Jon Patterson (R)
Summary - This bill changes the name of the "Missouri Education Savings Program" to the "Missouri Education Program".
This bill provides to parents of any "qualified children", as defined in the bill as; born or adopted after January 1, 2021 and a Missouri resident at time of birth, and at the time of grant application, a scholarship grant of $100 in a savings account established under Sections 166.400 to 166.456, RSMo known as the "Missouri Education Savings Program".
The bill establishes the "Show Me Child Development Account Program" (MCSAP) and creates the "Missouri Children's Development Account Program Fund". The fund shall receive from the State Treasurer a portion of the interest derived from the investment of funds as outlined in the bill not to exceed .35% of the total of the average daily fund balance in the State Treasury.
The Department of Health and Senior Services will notify the Treasurer's office upon certification of live birth in the state and provide relevant information as outlined. The Treasurer's office will notify parents about this program and provide opportunity for the parent to exclude any child.
The bill allows the State Treasurer to receive contributions from any person or legal entity on behalf of, and make grants to, eligible children to pay for qualified higher education expenses.
The Treasurer shall establish a separate savings account for each qualified child under this bill and shall deposit scholarship seed money, contributions, and interest earnings as specified. Any amount in such a savings account that is not expended for qualified higher education expenses by the qualified child's 30th birthday will revert back to the Program Fund.
The Fund shall receive a portion of the interest derived from the investment of funds as outlined in the bill. Moneys in the Fund shall be used to provide scholarship seed money and to pay for personal service, equipment, and other expenses of the Treasurer related to administration.
This bill is similar to HCS FOR HB 2261 (2020).
HB633 - Modifies provisions relating to property taxes
Sponsor - Rep. Lane Roberts (R)
Summary - Currently, a county collector is required to assess penalties on property tax payments not made as of January 1. For all property tax liabilities incurred on or after January 1, 2020, this bill allows a collector to enter into an agreement with a taxpayer for the payment of such taxes, including a waiver or reduction of penalties, provided that any such agreement requires such taxes to be paid not later than 12 months after the date the taxes are due. This bill contains an emergency clause.
This bill is the same as SB 340 (2021).
Sponsor - Rep. Herman Morse (R)
Summary - This bill prohibits State Representatives from requesting, or any legislative employee from drafting, any legislation in the form of an act or joint resolution that expands or creates a new duty, mandate, or requirement, for public schools unless it is accompanied with a provision reducing or eliminating an existing duty, mandate, or requirement for public schools.
This bill is similar to HB 1717 (2020).
HB639 - Designates May 10 as School Bus Drivers' Appreciation Day in Missouri
Sponsor - Rep. Herman Morse (R)
Summary - This bill designates May 10 of each year as "School Bus Drivers’ Appreciation Day" and encourages citizens to recognize the day with events and activities to express appreciation for the dedicated bus drivers who transport children safely to school every day.
This bill is the same as HB 1998 (2020).
HB642 - Modifies provisions relating to taxation
Sponsor - Rep. Peter Merideth (D)
Summary - INDIVIDUAL INCOME TAX
This bill establishes the "Missouri Working Family Tax Credit Act".
For all tax years beginning on or after January 1, 2022, this bill creates a tax credit to be applied to a taxpayer's Missouri income tax liability after all reductions for other credits for which the taxpayer is eligible have been applied. The tax credit will not exceed the amount of the taxpayer's tax liability, and will not be refundable. The amount of the tax credit will be 20% of the amount of a taxpayer's federal earned income tax credit.
The Department of Revenue will determine whether a taxpayer who did not apply for the tax credit authorized by this bill is eligible and will notify such taxpayer of their potential eligibility.
The Department will prepare an annual report regarding the tax credit authorized by this bill containing certain information as described in the bill (Section 143.177, RSMo).
This provision will sunset after six years unless reauthorized by the General Assembly.
USE TAX ECONOMIC NEXUS
This bill provides that all vendors without a physical presence in this state making sales of tangible personal property for delivery into this state will be required to collect and remit any use tax due as if such vendor maintained a physical presence in the state. This provision will only apply to vendors who make at least $100,000 in gross revenue from the delivery of tangible personal property into this state in the previous or current calendar year.
No obligation to collect and remit use tax under this portion of the bill will be applied prior to January 1, 2023.
The use tax collections made under this bill will be deposited in the General Revenue Fund (Section 144.612).
MARKETPLACE FACILITATORS
By January 1, 2023, marketplace facilitators, as defined in the bill, that meet the use tax economic nexus threshold established in the bill must register with the Department to collect and remit sales and use tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the bill. Such retail sales will include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace. Sales made through a marketplace facilitator will be deemed to be consummated at the location to which the item is shipped or delivered, or at which possession is taken by the purchaser.
Marketplace facilitators will report and remit sales and use tax collected under this bill on a separate form developed by the Department. Marketplace facilitators properly collecting and remitting sales and use tax in a timely manner will be eligible for any discount provided for under current law.
Marketplace facilitators must provide purchasers with a statement or invoice showing that the sales and use tax was collected and will be remitted on the purchaser's behalf.
No class action will be brought against a marketplace facilitator in any court in this state on behalf of purchasers arising from or in any way related to an overpayment of sales or use tax collected on retail sales facilitated by a marketplace facilitator, regardless of whether that claim is characterized as a tax refund claim.
If the Department audits a marketplace facilitator, it will only audit the facilitator and not the marketplace sellers on behalf of whom the marketplace facilitator facilitates sales.
Marketplace facilitators may apply to the Department for relief from liability for the failure to collect and remit the correct amount of sales or use tax on retail sales facilitated for marketplace sellers under certain circumstances, as described in the bill. Relief from liability will be a percentage of the sales and use tax collected by the marketplace facilitator, with the percentage being 4% for sales made during the 2022 calendar year, 2% for sales made during the 2023 calendar year, 1% for sales made during the 2024 calendar year, and none thereafter. The Department may grant a waiver from the requirements of the bill if a marketplace facilitator demonstrates to the satisfaction of the Department that all of its marketplace sellers are already registered to collect and remit sales and use tax. If a waiver is granted, the sales or use tax due will be collected and remitted by the marketplace seller (Section 144.752).
SALES TAX ADMINISTRATION
This bill provides that any local sales tax changes due to a boundary change will take effect on the first day of the calendar quarter 120 days after the sellers receive notice of the change.
The effective date for the imposition, repeal, or rate change of each local sales and use tax will be the first day of the calendar quarter at least 120 days after the sellers receive notice of the change (Section 32.087).
This bill makes changes to several sections of law relating to local sales taxes in order to make the administration of the taxes uniform (Sections 66.601 to 94.705, 184.845, 221.407, 238.235, 238.410, 644.032).
This bill modifies certain exemptions from state sales tax to make the exemptions uniform across the state and local sales tax bases (Section 144.030).
The "School" and "Show Me Green" sales tax holidays are modified by repealing the ability for political subdivisions to opt out of the sales tax holidays, and by defining how the sales tax exemption applies to the purchase or return of certain items (Sections 144.049 and 144.526).
This bill relieves a purchaser from any penalties for failure to pay the proper amount of sales tax if the error was a result of erroneous information provided by the Director of the Department of Revenue (Section 144.060).
A certified service provider (CSP), as defined in the bill, will not be certified unless it meets certain requirements relating to the security and privacy of purchasers' information, as described in the bill (Section 144.109).
The Director will provide and maintain downloadable electronic databases at no cost to the user of the databases for taxing jurisdiction boundary changes, tax rates, and a taxability matrix detailing taxable property and services. Sellers and CSPs will be relieved from liability if they fail to properly collect tax based upon information provided by the Department. Certified service providers, sellers, and marketplace facilitators may utilize proprietary data, provided the Director of the Department of Revenue certifies that such data meets the standards provided for under the bill (Sections 144.123 and 144.124).
This bill provides that a cause of action against a seller by a purchaser for a tax erroneously or illegally collected will not accrue until the purchaser has provided written notice to a seller and the seller has had 60 days to respond. A seller will be presumed to have a reasonable business practice if in the collection of such tax the seller uses a provider or a system certified by the Director of the Department of Revenue and has remitted all tax collected (Section 144.190).
Monetary allowances from taxes collected will be provided to certain sellers and certified service providers for collecting and remitting state and local taxes, as described in the bill (Section 144.140).
This bill repeals a provision which requires the Director of the Department of Revenue to establish brackets showing the amounts of tax to be collected on sales of specified amounts. Instead, the tax computation will be carried to the third decimal place, and the tax will be rounded to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four (Section 144.285).
This bill provides that all provisions of law with respect to sales into the state by out-of-state sellers apply to the Compensating Use Tax Law (Section 144.600).
LOCAL SALES AND USE TAXES
This bill modifies ballot language required for the submission of a local use tax to voters by including language stating that the approval of the local use tax will eliminate the disparity in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers (Section 144.757).
EFFECTIVE DATE
This bill has various effective delayed effective dates.
This bill is the same as HB 2238 (2020) and similar to SB 659 (2020).
HB644 - Modifies provisions relating to use taxes
Sponsor - Rep. Bill Falkner (R)
Summary - SALES AND USE TAX MAP (Section 32.310, RSMo)
Currently, the Department of Revenue must maintain a mapping feature on its website that displays various sales tax information. This bill requires the mapping feature to include use tax information.
MARKETPLACE FACILITATORS (Section 144.575)
Beginning January 1, 2022, marketplace facilitators, as defined in the bill, that engage in business activities within the state must register with the Department of Revenue to collect and remit use tax on sales delivered into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the bill. Such retail sales include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace.
Marketplace facilitators that collect sales tax must report and remit the tax in accordance with current law and must maintain records of all sales delivered to a location in the state, including copies of invoices showing the purchaser, address, purchase amount, and sales tax collected. These records will be made available for review and inspection upon request by the Department of Revenue. Marketplace facilitators who properly collect and remit to the Department, in a timely manner, sales tax on sales in accordance with this bill, by or on behalf of marketplace sellers, will be eligible for any discount provided under current law.
The marketplace facilitator must provide the purchaser with a statement or invoice showing that the sales tax was collected and must be remitted on the purchaser's behalf.
Any taxpayer who remits sales tax under this section will be entitled to refunds or credits to the same extent and in the same manner provided under current law.
Marketplace facilitators will be subject to the penalty provisions, procedures, and reporting requirements of this chapter.
No class action will be brought against a marketplace facilitator in any court of this state on behalf of customers arising from or in any way related to an overpayment of sales or use tax collected on sales facilitated by the marketplace facilitator, regardless of whether that claim is characterized as a tax refund claim. Nothing in this bill will affect a customer's right to seek a refund.
A marketplace facilitator will be relieved of liability under this bill for failure to collect and remit the correct amount of tax to the extent that the error was due to incorrect or insufficient information given to the marketplace facilitator by the marketplace seller; provided, however, this will not apply if the marketplace facilitator and the marketplace seller are the same entity or related entities.
VENDORS ENGAGED IN BUSINESS ACTIVITIES WITHIN THE STATE (Section 144.605)
Beginning October 1, 2021, this bill provides that a vendor will be considered to be engaging in business activities in this state if cumulative gross receipts from the vendor's sales in this state are $100,000 or more during any 12 month period, or the vendor enters into 200 or more separate transactions in this state during any 12 month period. Vendors meeting such criteria will be required to collect and remit the use tax as provided under current law.
TAXING JURISDICTION DATABASE (Section 144.637)
This bill requires the Department of Revenue to provide and maintain a downloadable electronic database at no cost to the user of the database for taxing jurisdiction boundary changes and tax rates. Vendors will not be liable for reliance upon inaccurate data provided by the department on tax rates, boundaries, or taxing jurisdiction assignments.
LOCAL USE TAX (Section 144.757)
This bill modifies ballot language required for the submission of a local use tax to voters by including that the approval of the local use tax will eliminate the difference in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers.
This bill is similar to HB 1895 (2020).
HB646 - Modifies provisions relating to the taxation of cigarettes and tobacco products
Sponsor - Rep. Greg Sharpe (R)
Summary - This bill authorizes any political subdivision of this state to increase the tax levied on cigarettes and tobacco products within its borders if a majority of the qualified voters of the political subdivision approve of the increase.
This bill is the same as HB 2509 and HB 2275 (2020).
Sponsor - Rep. Martha Stevens (D)
Summary - Beginning on July 1, 2022, this bill requires every public school and charter school to provide period products in the restrooms for all middle school, junior high, and high school buildings in which there are students in grades six through 12 at no charge to the students. "Period Products" are defined as tampons and sanitary napkins for use in connection with the menstrual cycle.
This bill is similar to HB 1954 (2020).
Sponsor - Rep. Martha Stevens (D)
Summary - Beginning on July 1, 2022, this bill requires every public school and charter school in which 40% or more of the students reside in households with a household income that does not exceed 185% of the most recent poverty guidelines to provide period products in the restrooms for all middle school, junior high, and high school buildings in which there are students in grades six through 12 at no charge to the students. "Period Products" are defined as tampons and sanitary napkins for use in connection with the menstrual cycle.
This bill is similar to HB 2638 and 2644 (2020).
HB655 - Allows school districts to include instruction on LGBTQ contributions to society
Sponsor - Rep. Martha Stevens (D)
Summary - This bill allows school districts to teach students information on the roles and contributions of lesbian, gay, bisexual, and transgender people in United States history, government, literature, art, music, values, and culture.
The bill requires the Department of Elementary and Secondary Education (DESE) to develop inclusive curriculum that may be used by school districts by the 2022-23 school year.
This bill is similar to HB 2153 (2020).
HB667 - Requires dealers to collect and remit sales tax on motor vehicle sales
Sponsor - Rep. Donna Baringer (D)
Summary - Beginning January 1, 2022, every licensed motor vehicle dealer must collect and remit sales tax on all motor vehicles sold. The Director of the Department of Revenue may make rules and regulations for the administration of this bill.
This bill is the same as HB 1615 (2020).
Sponsor - Rep. Donna Baringer (D)
Summary - Beginning January 1, 2022, if any amount of financing is extended to the cost of any state or local sales tax for a motor vehicle, the financing entity must remit the amount of the sales tax directly to the taxing authority and the amount will be credited towards any amount of sales tax due by the purchaser. This direct transfer requirement will be a condition of any financing agreement to purchase a motor vehicle. Failure of the financing entity to properly remit the funds to an appropriate taxing authority will not be a defense to any claim owed by either party, and both parties will be jointly liable for any taxes owed.
This bill is the same as HB 1598 (2020).
HB673 - Modifies and creates provisions relating to the protection of children
Sponsor - Rep. Mary Elizabeth Coleman (R)
Summary - This bill modifies many sections of current statute relating to child protection, foster care and adoption, and treatment of caretakers. SAFETY REPORTING (Section 37.717, RSMo)
This bill requires the Office of Child Advocate to create a safety reporting system for Department of Social Services employees to be able to report information regarding the safety of those served by the office and the safety of the employees. The bill specifies how the identity of the person making the report will be protected.
Any criminal act reported to the reporting system will be disclosed to the Department and to the appropriate law enforcement agency, and any investigation conducted as a result of the report must be conducted by an unbiased and disinterested investigator.
ADOPTION (Sections 135.325, 135.326, 135.327, and 135.335, 135.800, 191.975 and 453.030, 453.040, and 453.080)
The bill eliminates the "special needs" requirement in the Adoption Tax Credit and makes it available to any family in Missouri adopting any child after January 1, 2022.
It also eliminates the requirement for adoptive parents to pay the legal fees of the birth parents. This bill lists the factors under which a court may find, for the purposes of authorizing the adoption of the child without the consent of the parent, that a child three years of age or older has been abandoned; including having left the child without any provision for parental support and without making arrangements to visit or communicate with the child for a period of 60 days. Under this bill the court must also consider whether an adoption is in the best interest of the child in the hearing to determine whether an adoption shall be finalized.
SCHOOL REPORTING POLICIES (Section 160.261)
The bill repeals language related to the Children's Division's jurisdiction over or ability to investigate reports of alleged child abuse by personnel of a school district, a teacher, or other school employee. It also repeals language related to how a school and school district are to handle reports of alleged child abuse.
PHYSICIAN-PATIENT PRIVILEGE (Section 191.737)
Currently, if a physician or health care provider finds that a child is born affected by substance abuse, withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder such physician or health care provider is required to refer the family to the Children's Division. However, this bill specifies that a physician or health care provider shall not be required to make a referral to the Division if an infant is born to a woman who is undergoing medication-assisted treatment under the supervision of a health care provider. MO HEALTHNET (Section 208.151) Currently, a person in foster care under the responsibility of Missouri on the date the person turns 18 or at any time during the 30-day period before the person's 18th birthday, or a person who received foster care for at least 6 months in another state, and who is residing in Missouri is eligible to receive MO HealthNet benefits under certain circumstances. Under this bill, any person who was in foster care for at least 6 months at any time after such person was 13 years old, regardless of the state, and who is now residing in Missouri, and is at least 18 years old is eligible for MO HealthNet benefits if such person is not eligible for insurance coverage under another mandatory coverage group and does not have access to any other private insurance will have access to the benefits.
CHILD PROTECTION SYSTEM GOALS AND PRIORITIES (Sections 210.001 and 210.109)
These sections refine the goals and priorities of the Department of Social Services. The bill states that the Department shall, when prioritizing positive outcomes for children, monitor and measure its successes by preventing harm to children and limiting out-ofcommunity placements, preserving and restoring families of origin, using foster care when appropriate, and helping children be adopted into new families when appropriate; however, at all times, the safety of the child shall be the priority.
CHILD PROTECTION REPORTING AND CASE MANAGEMENT (Sections 210.110, 210.113, 210.145, and 210.1589)
Currently, the Division is responsible for maintaining an information system capable of receiving and maintaining reports of child abuse or neglect. This bill clarifies that the reports should include the following information, if possible:
(1) The names and addresses of the child and his or her parents or persons responsible for his or her care;
(2) The child's age, sex, and race;
(3) The nature and extent of the child's injuries, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect to the child or his or her siblings;
(4) The name, age, and address of the person responsible for the injuries, abuse, or neglect and the family composition;
(5) Specified information regarding the person making the report; and
(6) The actions taken by the reporting source.
The bill also specifies that the state attorney general shall have concurrent original jurisdiction regarding any case involving child abuse or neglect.
CENTRAL REGISTRY (Section 210.118)
This section revises the list of offenses for which a person will be listed as a perpetrator of child abuse or neglect in the Central Registry.
COMPREHENSIVE CHILD WELFARE INFORMATION SYSTEM (Section 210.119)
This section requires the Department of Social Services to create a Comprehensive Child Welfare Information System that will serve as the statewide information system for documenting and reporting child welfare information. The bill specifies how the system will function and who will have access.
VITAL STATISTICS (Sections 193.075, 210.150, and 210.156)
Currently, parents provide their Social Security numbers to the State Registrar of Vital Statistics when their child is born. The numbers are not recorded on the child's birth certificate but are provided to the Family Support Division within the Department of Social Services for the establishment and enforcement of child support obligations. This bill states that the social security numbers should also be provided to the Children's Division for the purpose of providing access to social services or verifying the identity of a parent.
This bill adds the State Registrar of Vital Statistics to those authorized to view investigation records contained in the central registry. The information made available shall be limited to identifying information only for the purposes of providing birth record information under Section 210.156.
The bill also states that the Division shall make available to the Registrar the identifying information of specified individuals of whom the Division has knowledge. In turn the Registrar shall then provide to the Division the birth record information of children born to individuals whose identifying information has been provided to the Registrar. Once the Division has verified that the parent of the child is the same individual whose identifying information was provided, the Division shall initiate contact with the family to determine if there is a need for services.
BIRTH MATCH PROGRAM (Section 210.157)
Creates a data sharing system between the Department of Social Services (DSS), the courts, and the Department of Health and Senior Services (DHSS) to compare birth reports with reports of parents who have been convicted of certain crimes or have a termination of parental rights. Under the bill, DSS shall provide DHSS with information regarding individuals who have had their parental rights terminated. The courts shall provide DHSS with information identifying individuals who have been convicted for specified offenses. Then DHSS will provide DSS with birth record information for any child born to an individual who has been identified as having his or her parental rights terminated or having been convicted of such crimes. DSS shall then offer services to such families.
GUARDIAN AD LITEMS (Section 210.160)
The bill provides that a guardian ad litem may conduct well-child checks in emergency situations under a court order. Employees of the Division, officers of the court, law enforcement personnel, and employees of any agency involved shall fully inform the guardian ad litem of all aspects of the case of which they have knowledge or belief within 48 hours of an inquiry by a guardian ad litem. If a guardian ad litem files a petition for termination of parental rights as permitted under 211.447, costs shall be charged to the Division.
REPORTING REQUIREMENTS OF DEPARTMENT (Section 210.188)
Modifies the reporting requirements that the Department of Social Services provides to the Governor and General Assembly regarding information related to children who have been abused or neglected. The bill requires the Division to compile individual-level anonymized data for the prior calendar year that allows researchers to track children through the child protection system and allows analysis of outcomes and comparison. The specific data to be released is outlined in the bill. Beginning March 1, 2022, and each year thereafter, the Department is required to provide the data to any Missouri research institution that agrees to provide the Division access to any research conducted by such institution utilizing such data.
ELECTRONIC SHARING (Section 210.652)
Requires the Department in conjunction with the Office of Administration to implement a computerized method to allow for the electronic exchange of data and documents required by the Interstate Compact on the Placement of Children to place children across state lines.
CHILD ABANDONMENT (Sections 210.950 and 211.447)
This bill adds a newborn safety incubator, as defined in the bill, as a place a parent of a child up to 45 days old may voluntarily deliver the child with the intent not to return, without being prosecuted. It also lowers the time limit to be considered willful abandonment of a child to 60 days for a child under the age of three.
COURT PRACTICES (Sections 211.032, 211.038, 211.072, 211.183, 211.261, 211.444, 211.447)
The bill updates crimes to be considered when placing or removing children from homes, the role of the guardian ad litem, conditions required for abandonment of an infant or young child, and when the court shall consider filing a petition for termination of parental rights. Under this bill, if a child comes under the court's jurisdiction due to allegations of child abuse or neglect and all children in the home are under three years of age the court must conduct monthly hearings on the status of the case, support frequent visitation with the child's parents and with the concurrent permanency resource parent if it is in the best interest of the child, and at the hearing on disposition and at each permanency hearing thereafter, enter an order requiring that the parties exercise reasonable efforts to finalize a primary and concurrent permanency plan for each child. The bill requires the Office of the State Courts Administrator to develop a plan to be approved by the Joint Committee on Child Abuse and Neglect by July 1, 2022, for implementation by July 1, 2023.
The bill also requires that a juvenile under 18 years of age who has been certified to stand trial as an adult for specified offenses and who is in a juvenile detention facility stay in that facility until the judgment dismissing the juvenile petition to allow for prosecution under the general laws is final. The bill further clarifies under what circumstances such a juvenile shall be held at a juvenile detention facility or be moved to a jail or other adult detention facility. Beginning December 21, 2021, all previously certified pretrail juveniles under 18 must be transferred from any jail or other adult detention facility to a juvenile detention facility unless a hearing is held and the court finds that it would be in the best interest of justice to keep the juvenile in the jail or other adult detention facility.
SAFE BABY COURT (Section 211.505)
This section requires safe baby courts be implemented in every court of this state within 2 years of the effective date of the bill. The Division shall recommend a safe baby court for cases involving children under 3 years old and their families. The Department shall also complete a risk assessment for each such case and be responsible for recording and tracking movement of the child in the system and legal changes in the case.
COMMUNITY-BASED SENTENCING (Section 217.779)
Requires courts to consider alternatives to incarceration for convictions of non-violent offenses for primary caretakers of dependent persons. Prior to sentencing, either party, or the court on its own motion, may request that the court determine whether an offender is eligible for a community-based sentence. To be eligible for a community based sentence, the offender must be the primary caretaker of a dependent person and cannot have committed an offense against such dependent person. The bill also prohibits an offender from qualifying for a community-based sentence if such offender was convicted of specified offenses. If the court determines that the offender meets the qualifications outlined in the bill, the court may impose an individually assessed, community-based sentence in lieu of incarceration, with the goal of rehabilitation and family unity and support. However, the court may modify or revoke the community-based sentence or the conditions of the sentence as specified in the bill.
CHILD PASSENGER RESTRAINT SYSTEM (Section 307.179)
This section requires children under the age of one and under 20 pounds to be secured in a rear-facing passenger restraint system, if the restraint system has a higher weight limit it is recommended the child remain rear-facing until the child reaches such weight limit.
EMERGENCY CLAUSE
Section 210.950 of this bill has an emergency clause.
This bill is similar to HB 2216 and HB 1613 (2020).
Sponsor - Rep. Chris Dinkins (R)
Summary - This bill prevents money received into the Iron County School Fund from the payment of any penalty under the specified administrative order issued by the Department of Natural Resources to be included in the Iron County School calculation for local effort.
The bill contains an emergency clause.
This bill is similar to HCS HB 1817 (2020).
HB685 - Changes the requirements to run for certain public office
Sponsor - Rep. Jason Chipman (R)
Summary - This bill lowers the minimum age requirement to 21 years for holding various county offices and special district board memberships. Included in the offices and districts affected are: county clerk; county auditor; county coroner; county surveyor; seven-director school board; ambulance district board; sewer district trustee; public water supply district board; emergency telephone services board; hospital district board; public water supply district board; fire protection district board; court clerk; and mayor for third or fourth class cities.
The bill also requires a person appointed to elective public office not be delinquent in the payment of state income tax, personal property tax, municipal tax or real property tax.
A residency requirement for the Office of Attorney General is also repealed.
This bill is the same as HCS HB 1787 (2020).
HB689 - Authorizes a tax credit for certain physicians providing preceptorships
Sponsor - Rep. Brenda Shields (R)
Summary - Beginning January 1, 2022, this bill creates a tax credit for any community-based faculty preceptor, as defined in the bill, who serves as the community-based faculty preceptor for a medical student core preceptorship or a physician assistant student core preceptorship, as defined in the bill. The amount of the tax credit will be worth $1000 for each preceptorship, up to a maximum of $3000 per tax year, if he or she completes up to three preceptorship rotations during the tax year and did not receive any direct compensation for the preceptorships. To receive the credit, a community-based faculty preceptor must claim the credit on his or her return for the tax year in which he or she completes the preceptorship rotations and must submit supporting documentation as prescribed by the Division of Professional Registration within the Department of Commerce and Insurance.
This tax credit is nonrefundable, cannot be carried forward or carried back, transferred, assigned or sold. No more than 200 preceptorship tax credits will be authorized for any one calendar year and will be awarded on a first-come, first-served basis, capped at a total amount of $200,000 per year. However, to the greatest extent possible, community-based faculty preceptors who provide preceptorships in rural areas of Missouri will be given first priority for awards of the tax credit.
Additionally, this bill creates a "Medical Preceptor Fund" which is funded from a license fee increase of seven dollars per license for physicians and surgeons and from a license fee increase of three dollars per license for physician assistants. This will be a dedicated fund designed to fund additional tax credits that may exceed the established cap of $200,000 per year.
The Division of Professional Registration will administer the tax credit and each taxpayer claiming a tax credit must file an affidavit with his or her income tax return, affirming that he or she is eligible for the tax credit. Additionally, the Department of Commerce and Insurance and the Department of Revenue will jointly promulgate rules to implement the provisions of this bill.
This bill is the same as HB 2036 (2020).
HB690 - Modifies provisions relating to a tax credit for qualified research expenses
Sponsor - Rep. Don Mayhew (R)
Summary - Currently, no tax credits for qualified research expenses, as defined in the bill, can be approved, awarded, or issued.
Beginning January 1, 2022, the Director of the Department of Economic Development may authorize a taxpayer a tax credit of up to 10% of the excess of a taxpayer's qualified research expenses or 17% if the research expenses relate to research that is conducted in conjunction with a public or private college or university located in this state, as certified by the Director of the Department of Economic Development, within this state during the tax year over the average of the taxpayer's qualified research expenses within this state over the immediately preceding three tax years. However, no tax credit will be allowed on that portion of the taxpayer's qualified research expenses incurred within this state during the tax year in which the credit is being claimed, to the extent such expenses exceed 200% of the taxpayer's average qualified research expenses incurred during the immediately preceding three tax years.
For tax credits that exceed the taxpayer's tax liability, the difference between the credit and the tax liability may be carried forward for 12 years.
The Department Director may allow a taxpayer to transfer, sell or assign up to 40% of the tax credits issued, but not yet claimed, during any tax year commencing on or after January 1, 2021.
The annual aggregate cap on the amount of these tax credits that can be authorized by the Department of Economic Development is $10 million.
This bill is similar to HB 2651 (2020).
HB693 - Extends the sunset date on certain agricultural tax credits
Sponsor - Rep. Rick Francis (R)
Summary - Currently, the Agricultural Product Utilization Contributor Tax Credit under Section 348.430, RSMo, and the New Generation Cooperative Incentive Tax Credit under Section 348.432 are set to expire on December 31, 2021.
This bill moves the expiration date to December 31, 2027.
Sponsor - Rep. Mike McGirl (R)
Summary - The bill prohibits a government entity from issuing a public health order or any other order that closes a business in order to prevent or limit the spread of a contagious illness if the business is a type of business determined by the Department of Health and Senior Services to account for less than 5% of cases of the contagious illness in a typical community.
HB699 - Changes the laws regarding the taxation of feminine hygiene products and diapers
Sponsor - Rep. Jo Doll (D)
Summary - Beginning October 1, 2021, this bill reduces the state sales and use tax rate on retail sales of feminine hygiene products and diapers to equal the reduced state sales tax rate imposed on the retail sale of food.
This bill is the same as HB 2065 (2020).
HB711 - Creates the "Public Domain Preservation Act"
Sponsor - Rep. Tony Lovasco (R)
Summary - This bill establishes the "Public Domain Preservation Act", which provides that if produced as part of a person's official duties, federal copyright or patent protection shall not be asserted for judicial opinions; administrative rulings; legislative enactments; public ordinances; or any other material produced by an officer, employee, director, board member, or agent of the state of Missouri, any state department, political subdivision, or special district of this state.
Federal copyright or patent protection cannot be asserted for any research, discovery, or invention that was discovered, documented, or published by an employee of any public school or state institution of higher education during the employee's term of employment and on premises owned or controlled by the state of Missouri or any of its political subdivisions.
If the state or any of its political subdivisions enact a statute, ordinance, or administrative rule that incorporates by reference any third-party standard or code otherwise subject to copyright protection, the state or political subdivision responsible for the statute, ordinance, or administrative rule must provide, free of charge in a digital or physical format, the third-party standard or code incorporated by reference. The state or political subdivision must pay all costs associated with providing the third-party standard or code, except that the entity may declare that the provisions of the standard or code incorporated by reference will be repealed and not enforced until such repeal is achieved.
Except for the provisions regarding research, discovery, or inventions that were discovered, documented, or published by an employee of any public school or state, these provisions shall apply retroactively.
These provisions will not preclude the state or any political subdivision from receiving and holding copyrights or patents transferred by assignment, bequest, or otherwise.
HB713 - Authorizes a tax credit for the purchase of an electric vehicle
Sponsor - Rep. Mark Ellebracht (D)
Summary - This bill creates a tax credit of $1,000 against a person's state tax liability for each qualified electric car purchased for any tax year beginning on or after January 1, 2022. The tax credit is refundable, but cannot be assigned, transferred, sold, or otherwise conveyed, nor can it be carried forward to any subsequent year.
The tax credit sunsets on December 31, 2027, unless reauthorized by the General Assembly.
Sponsor - Rep. Rory Rowland (D)
Summary - This bill limits potential foreclosure actions of the primary residence of a person 65 years of age or older for at least three years when there is a missed payment due to an increase in the monthly escrow payment because of an increase in the assessed valuation of the home by 20% or more from the prior valuation. The borrower must continue to make monthly payments that are greater than the principal and interest due.
This bill is the same as HB 2455 (2020).
HB716 - Modifies provisions relating to appeals from an assessor's valuation of property
Sponsor - Rep. Rory Rowland (D)
Summary - If a County Board of Equalization does not make a final determination on an appeal of valuation from the valuation of the property by an assessor in the same calendar year in which the appeal is lodged, the appeal will terminate with the property being assigned the same valuation that the property was given at the more recent assessment prior to the assessment that was appealed.
This bill is the same as HB 2453 (2020).
HB717 - Modifies provisions relating to the "circuit breaker" tax credits
Sponsor - Rep. Rory Rowland (D)
Summary - Currently, certain senior citizens and disabled individuals are eligible to apply for a tax credit on real estate taxes or rent they have paid.
This bill changes the maximum amount of the credit for renters from $750 to $1,000 and the maximum income threshold from up to $27,500 to $34,500. Additionally, this bill changes the maximum amount of the credit for homeowners from up to $1,100 to $1,500 and the maximum income threshold from $30,000 to $40,000.
This bill is the same as HB 2452 (2020).
Sponsor - Rep. Rory Rowland (D)
Summary - This bill requires a County Board of Equalization to promptly issue a notification to a person lodging an appeal of a property assessment confirming that the appeal has been received.
This bill is the same as HB 2451 (2020).
Sponsor - Rep. Rory Rowland (D)
Summary - This bill requires assessors to provide the owners of property that has been assessed with a summary describing how the assessor determined the value of the owner's property. The summary will include, but is not limited to, a detailed description of all calculations, reference lists, and databases used by the assessor in determining the property valuation.
This bill is the same as HB 2430 (2020).
HB720 - Authorizes a tax credit for urban farms located in a food desert
Sponsor - Rep. Mark Sharp (D)
Summary - This bill allows a taxpayer to claim a tax credit against the taxpayer's state tax liability in an amount equal to 50% of the taxpayer’s eligible expenses for establishing an urban farm in a food desert, as defined by the bill.
The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability in the tax year for which the credit is claimed, the taxpayer shall not be allowed to claim a tax credit under this section in excess of $1,000 for each urban farm. However, any tax credit that cannot be claimed in the tax year the contribution was made may be carried over to the next three succeeding tax years until the full credit is claimed.
The total amount of tax credits authorized shall not exceed $100,000.
These tax credits cannot be transferred, sold, or assigned.
The program will sunset December 31, six years after the effective date.
This bill is the same as SB 82 (2021) and HB 1586 (2020).
HB727 - Authorizes an income tax deduction for certain teachers and paraprofessionals
Sponsor - Rep. Cody Smith (R)
Summary - This bill provides an income tax deduction on the income received by any taxpayer for his or her services as a teacher or paraprofessional, as defined in the bill.
Beginning January 1, 2022, the deduction will be worth 25% of such income. The deduction will be increased each year at 25% increments of such income, ending at 100% on January 1, 2025.
The provisions of this bill sunsets six years after the effective date.
This bill is similar to HB 2736 (2020).
Sponsor - Rep. Michael O'Donnell (R)
Summary - This bill modifies provisions related to charter schools and establishes the Missouri Empowerment Scholarship Accounts Program.
MISSOURI EMPOWERMENT SCHOLARSHIP PROGRAM (Sections 135.712 to 135.719 and 166.720 to 166.725, RSMo.)
For all fiscal years beginning on or after July 1, 2022, a taxpayer may make a qualifying contribution to an educational assistance organization and claim a tax credit equal to the contribution. The amount of the tax credit claimed shall not exceed 50% of the taxpayer's state tax liability for the tax year for which the credit is claimed, and a taxpayer may carry the credit forward to any of the next four tax years. Tax credits authorized under the program may not be transferred, sold, or assigned, and are not refundable. The annual cumulative amount of tax credits that may be allocated shall not exceed $50 million. The State Treasurer shall establish a procedure to allocate the tax credits to the educational assistance organizations on a first come, first served basis (Section 135.713 RSMo).
An educational assistance organization shall meet certain requirements set forth in the bill, including notifying the State Treasurer of its intent to provide scholarship accounts; being a 501(c)(3) organization; providing a receipt to taxpayers for contributions; ensuring that funds are used as specified in the bill; distributing scholarship payments four times per year in an amount not to exceed the state adequacy target; carry forward no more than 25% of the revenue from contributions into the following fiscal year; providing the State Treasurer, upon request, with criminal background checks on all employees and board members; annually administer either the state achievement tests or nationally norm-referenced tests and provide such results to the parents of participating students and to the State Treasurer; conduct an annual parental satisfaction survey; and demonstrate financial accountability and viability, as described in the bill. Each educational assistance organization shall publicly report to the State Treasurer, by June first annually, the name and address of the organization, the total number and dollar amount of contributions during the previous calendar year, and the total number and dollar amount of scholarship accounts opened during the previous calendar year (Section 135.714).
The State Treasurer shall provide standardized forms for program participants, and shall require a taxpayer to provide a copy of such receipt if claiming a tax credit under the program.
The State Treasurer or State Auditor may conduct an investigation of any educational assistance organization if it possesses evidence of fraud. In addition, the State Treasurer may bar an educational assistance organization from participating if the organization has failed to comply with program requirements.
The State Treasurer shall issue a report on the state of the program five years after it goes into effect, including information regarding the finances of the educational assistance organization, and educational outcomes of qualified students (Section 135.716).
The provisions of the Missouri Sunset Act shall not apply to the program (Section 135.719).
A student is eligible to receive funds in a Missouri Empowerment Scholarship Account if he or she attended public school full-time for at least one semester in the last year, previously participated in the program, is eligible to begin kindergarten, is attending school for the first time, or is the child of active duty military members (Section 166.700).
A parent of a qualified student shall only use the money in the account for certain expenses related to the qualified student's education, as described in the bill. The parent of a qualified student shall sign an agreement with an educational assistance organization to enroll the qualified student in a qualified school to receive an education for the student in certain subjects; not enroll the student, other than a student that is in the custody of the state, in a school operated by the qualified student's district of residence or in a charter school; release the district of residence from the obligation of educating the student while the student is enrolled in the program; use the Missouri Empowerment Scholarship Account money for only specified purposes; and not use the funds for consumable education supplies or tuition at a private school located outside of the state.
The scholarship accounts are renewable on an annual basis upon request of the parent of a qualified student. A qualified student shall remain eligible for renewal until the student completes high school. If a qualified student withdraws from the program by enrolling in a school other than a qualified school, or is disqualified from the program for violations specified in the bill, the scholarship account shall be closed and any remaining funds shall be returned to the educational assistance organization for redistribution to other qualified students. When a student withdraws from the program, the responsibility for providing an education for that student transfers back to the student's district of residence.
The funds remaining in the scholarship account at the end of a school year shall remain in the account for the following school year. Any funds remaining in the account after graduation shall be returned to the educational assistance organization for redistribution to other qualified students (Section 166.705).
Beginning in the 2023-24 school year, the educational assistance organization shall conduct or contract for an annual audit of accounts to ensure compliance. A parent may be disqualified from program participation if the State Treasurer determines that the parent is found to have committed an intentional program violation. The State Treasurer may refer cases of substantial misuse of moneys to the Attorney General (Section 166.710).
A person commits a Class A misdemeanor if he or she is found to have knowingly used moneys for any purposes other than those set forth in the bill (Section 166.715).
CHARTER SCHOOLS (Sections 160.400 to 160.425)
Under this bill, charter schools may be operated in any school district located within a charter county as well as in any municipality with a population greater than 30,000.
Procedures relating to changes in a school district's accreditation status that affect charter schools are repealed under this bill (Section 160.400).
Under this bill, St. Louis City shall not adopt, enforce, impose, or administer an ordinance, local policy, or local resolution that prohibits property sold, leased, or transferred by the city from being used for any lawful education purpose by a charter school.
St. Louis City may not impose, enforce, or apply any deed restriction that expressly, or by its operation, prohibits property sold, leased, or transferred by the city from being used for any lawful educational purpose by a charter school.
If St. Louis City offers property of the city for sale, lease, or rent, St. Louis shall not refuse to sell, lease, or rent to a charter school solely because the charter school intends to use the property for an educational purpose.
Any deeds that have been executed and recorded prior to the effective date of this bill shall be exempt from this provision (Section 160.422). Virtual Education (Section 161.670) Under current law, for purposes of calculation and distribution of state school aid, all students enrolled in the Missouri Course Access and Virtual School Program commonly called (MOCAP) shall be included in the student enrollment of the school district in which the student physically is enrolled.
This bill excludes full-time equivalent students from the student enrollment of the school district in which such student resides. The Department of Elementary and Secondary Education (DESE) shall pay any MOCAP provider an amount equal to the average daily attendance for the student's district of residence. A virtual school program serving full-time equivalent students shall be considered an attendance center as defined in current law.
Current law requires a school district or charter school to allow any eligible student who resides in such district to enroll in MOCAP courses if, prior to enrolling in any such course, a student has received approval from his or her school district or charter school. This bill repeals the provision requiring a student to receive approval from his or her school district. If the school district or charter school believes a student's request to enroll in a virtual program is not in the best educational interest of the student, the reason shall be provided in writing to the student's parent or guardian, who shall have final decision-making authority.
DESE, rather than each school district or charter school, shall adopt a policy that delineates the process by which a student may enroll in courses provided by MOCAP.
Current law requires costs associated with such virtual courses to be paid by the school district or charter school directly on a pro rata monthly basis based on a student's completion of assignments and assessments. Under this bill, costs shall be paid by the school district or charter school, or by DESE for full-time equivalent students, to the provider on a pro rata basis once per semester based on a student's completion of assignments and assessments.
Current law also requires DESE to monitor student success and engagement and report such information to the school district or charter school. Under this bill, DESE shall report such information to the parent or guardian of the student, who may withdraw the student at any time if the course is not meeting the educational needs of the student. This bill also repeals the provision setting forth the responsibility of school districts and charter schools to monitor full-time student progress and success.
Virtual school providers are required, under this bill, to monitor student progress and success, and may remove a student from the program if the provider believes it to be in the best educational interest of the student.
A full-time virtual school shall, under this bill, submit a notification to a parent or legal guardian of a student who is not consistently engaged in instructional activities, as defined in the bill. Such school shall also develop a policy setting forth the consequences for a student's failure to attend school and complete instructional activities, including disenrollment from the virtual school.
School districts or charter schools are required, under current law, to inform parents of their child's right to participate in the virtual schools program. Under this bill, any school district or charter school that fails to notify parents of their child's right to participate in the program shall be subject to civil penalties in an amount equal to $100 for each day such school district or charter school is in violation of this requirement, including reasonable attorney's fees.
This bill is similar to HB 349, SB 25, and SB 95 (2021).
HB730 - Enacts provisions related to sports wagering
Sponsor - Rep. Phil Christofanelli (R)
Summary - This bill enacts new provisions relating to sport wagering.
The bill modifies the definition of "Games of skill" to include sports wagering (Section 313.800, RSMo).
The bill defines "Adjusted gross receipts" specifically for Sections 313.1000 to 313.1022 in relation to sports wagering operations. The bill also provides new definitions for "Esports", "Interactive sports wagering", "sports wagering" among other definitions specific to this section.
The bill allows licensed facilities to offer sports wagering in person at the licensed facility or over the internet via an interactive sports wagering platform to persons physically located in this state. The Missouri Gaming Commission (Commission) shall adopt rules to implement the provisions of the bill and all rules must comply with Chapter 536, RSMo. Rules adopted under this section include the standards and procedures to govern sports wagering conduct, standards for offering internet sports wagering to patrons physically located in Missouri, maintaining and auditing of books and financial records, and standards concerning the detection and prevention of compulsive gambling.
Certificate holders shall ensure that the certificate holder's surveillance system covers all areas in which sports wagering is conducted, allow the Commission to be present through gaming agents during the hours sports wagering is conducted, ensure that individuals under the age of 21 are not making sports wagers, provide certain information to sports wagering patrons, and post a sign indicating the minimum and maximum amounts that may be wagered(Section 313.1004).
A person licensed to operate an excursion gambling boat in this state can apply to the Commission for a certificate of authority to conduct sports wagering. The applicant shall pay an application fee of $50,000 (Section 313.1006).
The Commission must test new sports wagering devices and new forms. Certificate holders shall designate an area within the licensed facility for conducting sports wagering. A certificate holder may contract with up to three branded interactive sports wagering platforms to conduct sports wagering at the certificate holder's licensed facility. Sports wagering may be conducted with negotiable currency. A certificate holder will determine the minimum and maximum wagers in sports wagering (Section 313.1008).
An interactive sports wagering platform, as defined, must apply to the Commission for authority to offer sports wagering on behalf of a certificate holder. Such interactive sports wagering platform shall submit an application fee of $50,000. Each year after licensure, an interactive sports wagering platform shall submit an annual license renewal fee of $20,000 (Section 313.1010).
A certificate holder must verify that individuals under the age of 21 are not making sports wagers. The Commission shall promulgate rules for a sports wagering self-exclusion program, as described in the bill. The Commission shall also promulgate rules to ensure that advertisements for sports wagering do not target minors or other persons who are ineligible to place wagers, problem gamblers, or other vulnerable persons (Section 313.1012).
The Commission shall conduct background checks on individuals seeking licenses under these sections. Such background checks shall include a search for criminal history and any charges or convictions involving corruption or manipulation of sporting events. The bill provides a list of individuals who are prohibited from engaging in sports wagering, including anyone that owns at least 5% of the sports governing body or member teams. Anyone with at least 5% ownership that places or accepts any wager for a member team is guilty of a class C misdemeanor. The Commission and certificate holders must cooperate with investigations conducted by law enforcement agencies. A sports governing body may notify the Commission that it desires to restrict, limit, or exclude sports wagers, as defined in the bill, on its sporting events (Section 313.1014).
A certificate holder must maintain records of all bets and wagers placed through an interactive sports wagering platform, and all bets and wagers placed in person that exceed $10,000 in a 24-hour period, including personally identifiable information of the bettor, the amount and type of bet, the time the bet was placed, the location of the bet, the outcome of the bet, and records of abnormal betting activity for at least three years after the sporting event occurs (Section 313.1016).
A wagering tax of six and three-fourths of one percent is imposed on the adjusted gross receipts received from sports wagering conducted by a certificate holder. Such tax shall be remitted one day prior to the last business day of each month. Revenues received from the tax shall be deposited in the "Gaming Proceeds for Education Fund". A certificate holder shall also pay to the Commission an annual administrative fee of $20,000. In addition to such administrative fee, a certificate holder shall pay to the Commission a fee of $10,000 every five years for a reinvestigation of the certificate holder. Such fees shall be deposited into the newly created "Sports Wagering Fund" (Section 313.1021).
All sports wagers placed under this bill shall be deemed to be initiated, received, and otherwise made on the property of an excursion gambling boat in this state. The intermediate routing of electronic data shall not determine the location or locations in which such wager is initiated, received, or otherwise made (Section 313.1022).
This bill is similar to HB 2318 (2020).
Sponsor - Rep. Jon Patterson (R)
Summary - This bill establishes the "Workforce Diploma Program". Before August 16, 2022, and annually thereafter, the Department of Elementary and Secondary Education (DESE) must submit a request for interested program providers for the program. An approved program provider must meet a list of qualifications, including but not limited to being an accredited high school diploma-granting entity and having a minimum of two years experience providing adult dropout recovery services.
Every year, DESE must announce the approved programs before October 16th. The approved program providers shall begin enrolling students starting before November 15th of each year. DESE shall pay, upon appropriation, the approved program providers for the specified milestones provided to each student: $250 for the completion of each half unit of high school credit, $250 for attaining an employability skills certification, $250 for attaining an industry-recognized credential requiring no more than 50 hours of training, $500 for attaining an industry-recognized credential requiring at least 51 but no more than 100 hours of training, $750 for attaining an industry-recognized credential requiring more than 100 hours of training, and $1,000 for attaining an accredited high school diploma.
No approved program provider shall receive funding if that provider receives federal or state funding or private tuition for the student. DESE must provide a written update to approved program providers by the last calendar day of each month.
Before July 16th of each year, each provider must report certain metrics, specified in this section, to DESE. The bill requires each approved provider to conduct a survey of each individual who graduated from the approved program and submit the results to DESE before September 16th of each year beginning the year after the individual graduates and the next four consecutive years.
The survey must include the individual's employment status, hourly wages, access to employer-sponsored health care, and any postsecondary enrollment the individual has completed including a postsecondary certificate or degree program.
Upon the end of the second fiscal year of the program, DESE must review the metrics for each program provider and determine whether each provider is meeting the minimum performance standards. If a program provider does not meet the minimum standards for two consecutive years, that provider will be removed from the approved provider list.
This bill also creates a "Workforce Diploma Program Fund".
This bill is similar to HCS HB 2038 (2020).
Sponsor - Rep. John Wiemann (R)
Summary - This bill allows a firearms owner to transport and store firearms in privately owned, locked vehicles in parking garages, lots, and parking spaces. Property owners, tenants, employers, and business entity's are exempt from both civil and criminal liability for any occurrences involving the firearms stored or transported on their property. The entity may require that firearms be kept in a locked case and hidden from view if stored in a vehicle.
The bill does not apply to firearms possessed in violation of federal or state law. An owner and employer may ban employee firearms from vehicles owned or leased by the employer or owner. An employer and business may ban firearms from certain limited access parking areas if storage areas for firearms are made available to the employee or customer, or if alternative parking areas are provided that are reasonably close to the business or employer.
HB741 - Modifies provisions relating to the state sales tax rate
Sponsor - Rep. Dottie Bailey (R)
Summary - Beginning July 1, 2022, this bill requires the Director of the Department of Revenue to reduce the state sales tax rate by .1% whenever the total amount of net revenue collected by the state has increased in each of the three previous fiscal years by at least $75 million. A rate reduction can only occur once in a fiscal year until the rate is reduced from 4.225% to 3.725%.
This bill is the same as HB 1948 (2020).
Sponsor - Rep. John Wiemann (R)
Summary - This bill modifies the Trauma Informed School Initiative to require participating schools to keep a record of specific incidents and to inform parents within 48 hours of a child's removal from a classroom due to an outburst.
HB746 - Prohibits restrictions on the free exercise of religion during an emergency
Sponsor - Rep. Ben Baker (R)
Summary - This bill prohibits the state, any state agency, political subdivision, county commission, county health board, or any person from prohibiting or restricting the free exercise of religion, including attendance or participation in any prayer, service, meeting, or similar religious activity, during an emergency.
During an emergency, any hospital under Chapter 197, RSMo., cannot limit visiting hours for clergy or persons ordained for religious or pastoral duties if requested by a patient or the family of a critically ill patient.
HB754 - Modifies provisions related to the virtual school program
Sponsor - Rep. Phil Christofanelli (R)
Summary - Currently, for purposes of calculation and distribution of state school aid, all students enrolled in the Missouri Course Access and Virtual School Program (MCAVSP) shall be included in the student enrollment of the school district in which the student physically is enrolled. This bill specifies that, full-time equivalent students shall not be included in the student enrollment of the school district in which such student resides and that scores on the statewide assessment for full-time equivalent students shall be attributed to the MCAVSP which will function as a local education agency. The Department of Elementary and Secondary Education (DESE) will pay 100% of its average per-pupil expenditure for each full-time equivalent student.
Currently, costs associated with such virtual courses are to be paid by the school district or charter school directly on a pro rata monthly basis based on a student's completion of assignments and assessments. The bill specifies that, costs shall be paid by the school district or charter school, or by DESE for full-time equivalent students, to the provider on a pro rata basis once per semester based on a student's completion of assignments and assessments.
Currently, school districts or charter schools are required to consider recommendations from DESE and evaluate the progress of enrolled students who are enrolled in any course or full-time virtual school, and may terminate or alter the course offering if it is found that the course or full-time virtual school is not meeting the educational needs of the students. The bill grants DESE the authority to terminate or alter the course offering for full-time equivalent students, and the responsibility of school districts and charter schools to monitor full-time student progress and success is now granted to the virtual school providers. S
chool districts or charter schools are required currently, to inform parents of their child's right to participate in the virtual schools program. The bill specifies that, any school district or charter school that fails to notify parents of his or her child's right to participate in the program shall be subject to civil penalties in an amount equal to $100 for each day such school district or charter school is in violation of this requirement, including reasonable attorney's fees.
This bill is similar to HCS HB 2491 (2020).
Sponsor - Rep. Phil Christofanelli (R)
Summary - This bill modifies the laws regarding Human Immunodeficiency Virus (HIV), and applies the law to all serious infectious or communicable diseases instead of only HIV. A serious infectious or communicable disease is a non-airborne disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management.
It shall be a class D felony for a person knowingly infected with a serious infectious or communicable disease to be a blood, organ, sperm, or tissue donor, except as deemed necessary for medical research or deemed medically appropriate by a licensed physician; or to knowingly expose another person to a serious infectious or communicable disease through an activity that creates a substantial risk of transmission as determined by competent medical or epidemiological evidence. If the victim contracts a serious infectious or communicable disease, it is a class C felony. It shall be a class A misdemeanor for a person knowingly infected with a serious infectious or communicable disease to act in a reckless manner by exposing another person to a serious infectious or communicable disease through an activity that creates a substantial risk of transmission as determined by competent medical or epidemiological evidence.
It is an affirmative defense if the person exposed to the serious infectious or communicable disease knew that the infected person was infected and consented to the exposure with such knowledge.
When alleging a violation of the law against exposing another person to a communicable disease, the prosecuting attorney or grand jury must use a pseudonym to protect the victim of the crime.
This bill makes the crimes of offense of endangering a corrections employee and offense of endangering a Department of Mental Health employee apply to prisoners who are knowingly infected with any serious infectious or communicable disease and exposes another person to the disease. Currently, the law only applies to exposing the victim to HIV, Hepatitis B, or Hepatitis C.
This bill is similar to HB 1691 (2020) and the same as HCS HBs 167 & 166 (2019).
HB757 - Modifies provisions relating to property tax
Sponsor - Rep. Phil Christofanelli (R)
Summary - Currently, stationary property used for transportation or storage of liquid and gaseous products is defined as real property. Beginning January 2, 2022, this bill redefines these items, excluding propane and LP gas equipment, as tangible personal property and their value subject to a standardized depreciation table, as defined in the bill.
This bill is similar to HCS HB 1907 (2020).
HB759 - Establishes provisions relating to civil actions arising from COVID-19
Sponsor - Rep. Ed Lewis (R)
Summary - This bill establishes protections against liability in COVID-19 related actions.
This bill specifies that no individual or entity engaged in businesses, services, activities, or accommodations shall be liable in any COVID-19 exposure action, as defined in the bill, unless the plaintiff can prove by clear and convincing evidence that:
(1) The individual or entity engaged in gross negligence or willful misconduct that caused an actual exposure to COVID-19; and
(2) The actual exposure caused personal injury to the plaintiff. A COVID-19 exposure action shall not be commenced in any Missouri court later than one year after the date of the actual, alleged, feared, or potential exposure to COVID-19.
Additionally, a health care provider, as defined in the bill, shall not be liable in a COVID-19 medical liability action, as defined in the bill, unless the plaintiff can prove, by clear and convincing evidence, gross negligence or willful misconduct by the health care provider and that the personal injury was directly caused by such gross negligence or willful misconduct. Resource or staffing shortages shall not be considered gross negligence or willful misconduct.
A COVID-19 medical liability action may not be commenced in any Missouri court later than one year after the date of the alleged harm, damage, breach, or tort unless tolled for proof of fraud, intentional concealment, or the presence of a foreign body which has no therapeutic or diagnostic purpose or effect. No individual or entity that designs, manufactures, imports, distributes, labels, packages, leases, sells, or donates a covered product, as defined in the bill, shall be liable in a COVID-19 products liability action, as defined in the bill, if the individual or entity:
(1) Does not make the covered product in the ordinary course of business;
(2) Makes the covered product in the ordinary course of business and the emergency required the product to be made in a modified manufacturing process that is outside the ordinary course of business; or
(3) Makes the covered product in the ordinary course of business and use of the covered product is different than its recommended purpose and used in response to the COVID-19 emergency. For a plaintiff to sustain a claim in a COVID-19 products liability action the plaintiff shall prove, by clear and convincing evidence, gross negligence or willful misconduct by the individual or entity and that such negligence or misconduct directly caused the personal injury.
The provisions of this bill apply only to covered products administered or used for the treatment or protection against COVID19 or the categories of health conditions or threats to health resulting from COVID-19. Additionally, this bill applies to any such covered product regardless of whether the product is obtained by donation, commercial sale, or any other means of distribution by federal, state, or local officials or by the private sector. A COVID-19 products liability action shall not be commenced later than one year after the date of the alleged harm, damage, breach, or tort unless tolled for proof of fraud or intentional concealment.
An individual or entity against whom a final judgment is entered shall be liable solely for their relative and proportionate share of the judgment. In determining the percentage of responsibility, the trier of fact shall determine that percentage from the total fault of all individuals or entities, including the plaintiff, who caused or contributed to the total loss incurred. The trier of fact shall consider the following factors in determining the percentage of responsibility:
(1) The nature of conduct of each individual found to have contributed to the loss; and
(2) The nature and extent of the relationship between the conduct and damages incurred by the plaintiff.
The liability of a defendant shall be joint and several if the trier of fact determines that the defendant acted with specific intent to injure the plaintiff or knowingly committed fraud. Nothing shall affect the right of a defendant to contribution with respect to a defendant found to have acted with specific intent to injure the plaintiff or knowingly committed fraud.
The award of compensatory damages shall be limited to economic loss incurred as a result of the personal injury, except that noneconomic and punitive damages may be awarded if the trier of fact determines that the injury was caused by willful misconduct. However, punitive damages may not exceed the amount of compensatory damages. Additionally, the amount of monetary damages shall be reduced by the amount of compensation received by the plaintiff from another source in connection with the personal injury. In any COVID-19 related action that is maintained as a class action, any individual or entity shall only be a member of the class if the individual or entity affirmatively elects and notice containing a concise and clear description of the nature of the action, the jurisdiction, and the fee arrangement with class counsel shall be given to each member of the class.
If any person transmits in any form and by any means a demand for remuneration in exchange for settling, waiving, or otherwise not pursuing a claim that is or could be brought as part of a COVID-19 related action, the party receiving such a demand shall have a cause of action for the recovery of damages occasioned by such demand and for declaratory judgment if the claim for which the letter was transmitted was meritless. Damages for such an action shall include compensatory damages, punitive damages, and attorney's fees.
The Attorney General may also commence a civil action for any person or group engaged in a pattern or practice of transmitting such demands. The court may assess a civil penalty in an amount not exceeding $50,000 per transmitted demand. Any proceeds from the civil penalties obtained shall be distributed among those persons aggrieved by the person's pattern or practice.
The provisions of this bill apply to any cause of action filed on or after the effective date of this bill. Additionally, this bill shall not expand any liability or limit any defense otherwise available. This bill also preempts and supersedes any state law related to the recovery for personal injuries covered under a COVID-19 related action unless the provisions of state law impose stricter limits on damages or liabilities for personal injury. Additionally, nothing in this bill shall be construed to impair, limit, or affect the authority of the state or local government to bring any criminal, civil, or administrative enforcement actions against any individual or entity nor shall it affect causes of action for intentional discrimination.
If any provision of this bill is found to be unconstitutional, the remaining provisions as well as the application of such provisions shall not be affected.
This bill contains an emergency clause.
This bill is similar to SB 51 (2021).
HB762 - Creates provisions relating to the treatment of gyms in public health or safety orders
Sponsor - Rep. Jason Chipman (R)
Summary - The bill requires any public health or safety order issued treats gyms in the same manner as health care facilities.
Sponsor - Rep. Michael Johnson (D)
Summary - This bill requires the Department of Economic Development to implement a program to increase high-speed internet access in underserved areas of the state. The Department may use discretion in choosing the method of the program but must provide high-speed internet to as many residents who do not have high-speed internet access as quickly as possible, with preference given to those who have no internet access. The Department may provide the high-speed internet access itself or contract with an entity to do so.
This bill contains an emergency clause.
HB776 - Extends and relocates the trauma-informed schools pilot program
Sponsor - Rep. Sarah Unsicker (D)
Summary - The pilot program for Trauma-Informed Schools expired in August 2019. This bill re-implements the pilot program for traumainformed schools and extends the program to June 30, 2025. This bill modifies the existing pilot locations to five schools in a metropolitan district.
The Department of Elementary and Secondary Eduction shall submit a report to the General Assembly on or before December 31, 2025.
This bill is similar to HB 1671 (2020).
HB781 - Enacts a sunset provision for administrative rules
Sponsor - Rep. Bishop Davidson (R)
Summary - This bill requires that any rule or regulation created after June 30, 2022, have an automatic sunset date four years after it is approved. Any rule or regulation reviewed under this requirement after June 30, 2022, will have an automatic sunset date four years after the review is completed and the required report is filed. Permanent rules and regulations may be established by action of the General Assembly.
HB786 - Changes provisions relating to instruction in human sexuality in schools
Sponsor - Rep. Chuck Basye (R)
Summary - This bill defines "gender identity" and "sexual orientation" and expands upon what is considered in a school's human sexuality instruction. The bill requires school districts and charter schools to make any curriculum materials and human sexuality instruction relating to sexual orientation and gender identity available for public inspection.
HB787 - Modifies provisions relating to the custody and support of children
Sponsor - Rep. Marlene Terry (D)
Summary - This bill raises the age that parental support obligations for children attending a secondary school program shall continue from 21 to 22. The bill requires a noncustodial parent to maintain meaningful contact with a child when requesting receipt of grades when the intent is to seek termination of payment of support as outlined in the bill.
The bill limits access to records and information for minor children when a noncustodial parent has failed to maintain contact for a period of six years or more. The bill removes visitation rights for noncustodial parents that have failed to maintain contact with a child for a period of six years or more.
HB789 - Modifies provisions relating to the practice of certain professions
Sponsor - Rep. Derek Grier (R)
Summary - This bill amends several provisions relating to the licensure or certification of professionals.
Currently, a license is required to engage in the practice of interpreting in this state. This bill makes the state certification for individuals serving as interpreters of the deaf voluntary so that state certification is not required to engage in the practice of interpreting.
Currently a certified commercial applicator's license is required to engage in the business of determining the need for the use of, supervising the use of, or using any pesticide on the lands of another. This bill prohibits the Director of the Department of Agriculture from requiring as a condition of certification an Associate of Arts degree, any other higher education degree, or previous experience.
Currently, public operators for any agency of the state of Missouri, the political subdivisions thereof, or any other governmental agency cannot use, or supervise the use of, any restricted use pesticides on any land or structure without a Certified Public Operator License. This bill prohibits the Director of the Department of Agriculture from requiring as a condition of certification an Associate of Arts degree, any other higher education degree, or previous experience.
Currently, it is unlawful for any person to practice the occupation of a barber in this state without first obtaining a license. This bill exempts any person who engages solely in cleansing, drying, or styling hair from being licensed as a barber. The bill further exempts any person who engages solely in hair braiding from being licensed as a barber.
Currently, it is unlawful for any person in this state to operate as a cosmetologist without a license. This bill exempts any person who engages solely in cleansing, drying, or styling hair from being licensed as a cosmetologist. The bill further exempts any person who engages solely in hair braiding or eyebrow threading from being licensed as a cosmetologist.
This bill also repeals the current registration requirement for anyone engaging in hair braiding for compensation.
HB793 - Changes the laws regarding the taxation of feminine hygiene products and diapers
Sponsor - Rep. Mary Elizabeth Coleman (R)
Summary - Beginning October 1, 2021, this bill reduces the state sales and use tax rate on retail sales of feminine hygiene products and diapers to equal the reduced state sales tax rate imposed on the retail sale of food.
This bill is the same as HB 406 (2021).
Sponsor - Rep. Marlon Anderson (D)
Summary - This bill exempts school districts that operate magnet schools under a desegregation agreement from efficiency standards with regards to those pupils transported to a magnet school as a portion of the overall transportation budget.
Sponsor - Rep. Neil Smith (D)
Summary - This bill requires any motor vehicle dealer licensed under current law engaged in the business of selling motor vehicles or trailers to apply to the Director of the Department of Revenue for authority to collect and remit the sales tax required under this bill on all motor vehicles sold by the motor vehicle dealer.
Beginning January 1, 2022, if the sales tax imposed on the purchase of a motor vehicle is not collected and remitted by a motor vehicle dealer and the purchaser of the motor vehicle utilizes any form of financing to purchase the motor vehicle, the full amount of the sales tax due must be explicitly included in the financing agreement between the purchaser and the financing entity. The financing entity must transfer the sales tax amount directly to the motor vehicle dealer, who will then remit the sales tax due to the appropriate taxing authority on behalf of the purchaser. Any amounts received by the taxing authority will be credited towards any amounts of sales tax otherwise due to the taxing authority by the purchaser. The failure of a motor vehicle dealer to properly remit moneys to an appropriate taxing authority will not be a defense to any claim owed by the purchaser, and both the motor vehicle dealer and the purchaser will be jointly liable to the taxing authority for any taxes owed.
HB811 - Modifies provisions relating to teacher and school employee retirement systems
Sponsor - Rep. Rusty Black (R)
Summary - This bill is related to the Public School Retirement System.
RETIREMENT MULTIPLIER
This bill repeals the July 1, 2014 termination date of a provision allowing members of the Public School Retirement System of Missouri who have 31 or more years of creditable service to have their retirement allowance calculated using a multiplier of 2.55%.
The bill contains an emergency clause.
This bill is the same as HB 1298 (2020).
RETIREE EARNINGS IN PEERS
Currently, any teacher retired from the Public School Retirement System of Missouri can be employed in a position covered under the Public Education Employee Retirement System (PEERS) without stopping their retirement benefit. Such teacher may earn up to 60% of the minimum teacher's salary as set forth in Section 163.172, RSMo, and will not contribute to the retirement system or earn creditable service.
This bill will allow such teacher to earn up to the annual earnings limit applicable to a Social Security recipient before the calendar year of attainment of full retirement age under 20 CFR 404.430.
This bill is similar to HB 2460 (2020).
TEACHER SHORTAGE
Currently, a retired teacher or a retired noncertificated employee who is receiving a retirement benefit from the Public School Retirement System of Missouri or the Public School Retirement System of Missouri is allowed to work full time for up to two years for a school district covered by such retirement system if the system has a shortage of certified teachers or noncertificated employees. This bill allows these employees to work full time up to four years for such districts.
This bill is similar to HB 2460 (2020).
HB812 - Modifies provisions relating to teacher and school employee retirement systems
Sponsor - Rep. Rusty Black (R)
Summary - Currently, a retired teacher or a retired noncertificated employee who is receiving a retirement benefit from the Public School Retirement System of Missouri or the Public School Retirement System of Missouri is allowed to work full time for up to two years for a school district covered by such retirement system if the system has a shortage of certified teachers or noncertificated employees. This bill allows these employees to work full time up to four years for such districts.
This bill is similar to HB 2460 (2020).
Sponsor - Rep. Michael Davis (R)
Summary - Beginning August 28, 2021, this bill prohibits any state department or political subdivision of the state from promulgating, implementing, or enforcing any requirement that diesel fuel sold in the state contain any percentage of biodiesel fuel. Any rules or policies in effect as of that time are void.
HB828 - Modifies provisions relating to school teacher and employee retirement allowances
Sponsor - Rep. Chris Dinkins (R)
Summary - This bill repeals the July 1, 2014 termination date of a provision allowing members of the Public School Retirement System of Missouri who have 31 or more years of creditable service to have their retirement allowance calculated using a multiplier of 2.55%.
The bill contains an emergency clause.
This bill is the same as HB 1298 (2020).
HB832 - Prohibits employers from engaging in certain forms of discrimination based on gender
Sponsor - Rep. Emily Weber (D)
Summary - This bill prohibits an employer from discriminating based on gender in providing compensation for the same work performed under similar working conditions. Wage disparities are not prohibited if based on bona fide factors other than gender. This bill prohibits employers from taking any adverse action against an employee who utilizes the protections of this bill and prohibits an employer from reducing wages to comply with the provisions of this bill. The bill allows recovery of actual and compensatory damages, not to exceed twice the wages awarded, for any unlawful gender-based compensation practice. An employer who shows deliberate patterns of violations of the provisions of this bill may be ordered to pay punitive damages. The bill further allows any employee who prevails in a civil action brought under the provisions of this bill to recover reasonable attorney fees. Any action brought under the sections of this bill must be commenced within two years after the alleged violation.
This bill is the same as HB 1864 (2020).
HB837 - Modifies provisions relating to mental health care for minors
Sponsor - Rep. Tricia Derges (R)
Summary - This bill provides that for any minor contacting a medical professional or mental health professional seeking mental health care that such professional immediately evaluate the minor to determine if such minor is an imminent danger to him or herself or others and to provide or refer the minor to receive appropriate care or treatment.
Any minor consenting to mental health counseling or treatment under Section 431.061, RSMo shall have all records kept confidential and not shared with any parent or guardian without the minors consent and no such parent or guardian shall prohibit or interfere with any treatment provided.
HB838 - Creates provisions relating to COVID-19 vaccination
Sponsor - Rep. Ed Lewis (R)
Summary - This bill prohibits public employers from requiring public employees to receive a COVID-19 vaccination and prohibits political subdivisions from adopting any ordinance, rule, or regulation that requires a public employer to implement a policy that violates these provisions.
HB840 - Authorizes a tax credit for certain alternative fuel refueling properties
Sponsor - Rep. Aaron Griesheimer (R)
Summary - For all tax years beginning on or after January 1, 2022, this bill authorizes a tax credit for costs incurred for purchasing or installing qualified clean-burning motor vehicle fuel property, as defined in the bill, placed in service after December 31, 2021.
For equipment installed to modify a motor vehicle which is propelled by gasoline or diesel fuel so that the vehicle may be propelled by a hydrogen fuel cell, compressed natural gas, liquefied natural gas, or liquefied petroleum gas, and for motor vehicles originally equipped so that the vehicle may be propelled by a hydrogen fuel cell, compressed natural gas, liquefied natural gas, or liquefied petroleum gas, the tax credit will equal 45% of such costs.
For property directly related to the delivery of compressed natural gas, liquefied natural gas or liquefied petroleum gas, or hydrogen, and for property that is a public access recharging system for motor vehicles propelled in whole or in part by electricity, the tax credit will be a per-location credit of 75% of such costs.
For property which is directly related to the compression and delivery of natural gas from a private home or residence, for noncommercial purposes, into the fuel tank of a motor vehicle propelled by compressed natural gas, the tax credit will be a perlocation credit of the lesser of 50% of such costs or $2,500.
Tax credits issued within this bill will not be refundable, but may be carried forward to any of the five subsequent tax years.
The provisions of this bill will sunset on December 31, 2027, unless reauthorized by the General Assembly.
This bill is the same as HB 2208 (2020).
HB845 - Modifies provisions relating to taxation of certain energy-producing property
Sponsor - Rep. Allen Andrews (R)
Summary - This bill modifies several provisions related to property that uses wind energy to generate electricity.
Beginning January 1, 2022, this bill develops a depreciation table, as described in the bill, for the purpose of assessing all real, excluding land, or tangible personal property associated with a project that uses wind energy to generate electricity (Section 137.123, RSMo).
Additionally, this bill requires that any public utility company which has ownership of any real or personal property associated with a project that directly uses wind energy to generate electricity will be taxed using a standardized methodology of:
(1) Any wind energy property of such company will be assessed on the county assessor's local tax rolls; and
(2) All other real property, excluding land, or personal property related to the wind energy project will be assessed using the methodology provided under the depreciation table in this bill (Section 153.030).
Additionally, this bill repeals an expired provision of law that established the "Task Force on Wind Energy" (Section 393.1073).
This bill is the same as HB 2454 (2020).
HB849 - Establishes the Capitol Complex Tax Credit Act
Sponsor - Rep. David Griffith (R)
Summary - This bill creates the "Capitol Complex Tax Credit Act" and the "Capitol Complex Fund". The Capitol Complex Fund is authorized to receive any eligible monetary donation, as defined in the bill, and will be segregated into two accounts consisting of a rehabilitation and renovation account and a maintenance account. Of the revenues deposited into the Fund, 90% will be placed in the rehabilitation and renovation account and 7.5% of revenues deposited in the Fund will be placed in the maintenance account. The remaining 2.5% of the funds may be used for the purposes of fundraising, advertising, and administrative costs.
The choice of projects for which money is to be used, as well as the determination of the methods of carrying out the project and the procurement of goods and services, will be made by the Commissioner of Administration. No moneys will be released from the Fund for any expense without the approval of the Commissioner of Administration.
For all taxable years beginning on or after January 1, 2021, any qualified donor, as defined in the bill, will be allowed a credit against any state income tax (except employer withheld taxes) or state taxes imposed on financial institutions for an amount equal to 50% of the monetary donation amount. Any amount of tax credit that exceeds the qualified donor's state income tax liability may be refunded or carried forward for the following four years.
For all taxable years beginning on or after January 1, 2021, a qualified donor will be allowed a credit against any state income tax (except employer withheld taxes) or state taxes imposed on financial institutions for an amount equal to 30% of the value of the eligible artifact donation, as defined in the bill. Any amount of tax credit that exceeds the donor's tax liability will not be refunded for artifacts, but the credit may be carried forward for four subsequent years.
The Department of Economic Development will not issue tax credits for donations to the Capitol Complex Fund in excess of $10 million per year in the aggregate. Donations received in excess of the cap will be placed in line for tax credits the following year. Alternatively, a donor may donate without receiving the credit or may request that their donation is returned.
Tax credits issued for donations under this bill are not subject to any fee. Tax credits issued under this bill may be assigned, transferred, sold, or otherwise conveyed. This bill will sunsets six years from the effective date.
This bill allows the Department to charge a fee in an amount not to exceed 1% of any tax credit issued to a recipient for the rehabilitation of historic structures under Chapter 253, RSMo. Any revenues generated by such a fee will be deposited in the Capitol Complex Fund.
This bill is similar to HB 1713 (2020).
Sponsor - Rep. Brenda Shields (R)
Summary - This bill provides authorization for any county or city not within a county to levy a property tax to establish an early childhood education board which shall provide childhood education programs or services. The bill limits the levy to $0.40 per $100 of assessed valuation on real property and provides sample ballot language. The tax shall not go into effect unless approved by the qualified voters of such county or city. Under this bill, a childhood education board of directors shall consist of seven members with qualifications and structure of the board outlined in the bill. Boards established shall be empowered to establish or operate an early childhood education program or provide for early childhood education services for children under 5 years of age, with control and responsibilities outlined in the bill. The board will be determined a "political subdivision" and may impose limitations on children to be served and services to be provided, with the primary goal to expand and improve early childhood education services.
HB866 - Subjects public employers to the state minimum wage law
Sponsor - Rep. Maggie Nurrenbern (D)
Summary - Currently, public employers, as defined in the bill, are exempt from the minimum wage requirements. This bill removes that exemption, making public employers subject to these provisions.
This bill is the same as HB 2074 (2020).
Sponsor - Rep. Patricia Pike (R)
Summary - Beginning with the 2021-22 school term a school district's 1/2 day education program will only make up days or hours of school that are required of the district due inclement weather on a proportional basis.
Sponsor - Rep. Phil Christofanelli (R)
Summary - This bill provides that taxpayers authorized to conduct business under the medical cannabis provisions of the Constitution of Missouri may deduct the amount that would have been deducted from the computation of the taxpayer's federal taxable income if such a deduction were not disallowed under 26 U.S.C. Section 280E, as in effect on January 1, 2021, because of the status of marijuana as a controlled substance under federal law.
HB884 - Modifies provisions relating to the "A+ Schools Program."
Sponsor - Rep. Kevin Windham (D)
Summary - Currently, A+ funding disbursements to colleges take place after other sources of funding; federal, private, or other state sources.
This bill requires that A+ reimbursement be made before any other sources are applied toward educational costs.
This bill is similar to HB 1941 (2020).
Sponsor - Rep. Rusty Black (R)
Summary - This bill requires the State Board of Education, in consultation with the Career and Technical Advisory Council, to develop a statewide plan establishing the minimum requirements for a Career and Technical Education (CTE) Certificate. The statewide plan will match workforce needs with appropriate educational resources. Each local school district shall determine the curriculum, programs of study, and course offerings based on the requirements of the statewide plan. The Department of Elementary and Secondary Education is required to convene work groups from each CTE program area to develop written model curriculum frameworks that may be used by districts.
This bill is the same as HCS HB 1868 (2020)
HB902 - Modifies provisions relating to expungement
Sponsor - Rep. Tony Lovasco (R)
Summary - Currently, an arrest record is eligible for expungement if the subject of the arrest has no prior or subsequent misdemeanor or felony convictions. This bill repeals that provision. Additionally, currently, when a court issues an order of expungement, each entity possessing records listed in the order is required to close any relevant record in its possession. Under this bill, each entity will be required to destroy any record listed in the order.
Sponsor - Rep. Kevin Windham (D)
Summary - This bill removes the state sales tax on any retail sales of food.
Additionally, beginning January 1, 2022, this bill imposes a tax on the transfer of every decedent's estate in the state that has a value of at least $25,000. The estate tax rate will be determined by rules and regulations established by the Department of Revenue. The Department will attempt to set a rate at a level where the tax would be equal to the total amount of revenue that would have been collected in the same fiscal year if the state levied a tax on the retail sale of food at 1%. The revenue derived from the tax collected as specified in this bill will be deposited in the School District Trust Fund and will be distributed as defined in the bill.
This bill is the same as HB 2253 (2020).
HB913 - Modifies provisions relating to income tax
Sponsor - Rep. Peter Merideth (D)
Summary - Currently, the top rate of income tax is 5.4% and may be reduced to 5.1% by a series of tax cuts of .1% over a period of years with only one reduction occurring per year. A tax reduction at the top rate occurs if the amount of net general revenue collected in the previous fiscal year exceeds the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least 150 million dollars.
This bill provides that revenue derived from state income tax collections that are delayed as a result of a delayed filing date caused by a national emergency will not be included in any calculation of net general revenue for the purpose of determining whether a reduction in the rate of tax should occur (Section 143.011, RSMo).
Current law allows a taxpayer to deduct from his or her Missouri adjusted gross income a portion of his or her federal income taxes paid. This bill provides that federal income tax credits received under Public Law 116-260 (Consolidated Appropriations Act, 2021) will not be considered when determining the amount of federal income tax liability allowable as a deduction under current law (Section 143.171).
Current law also requires taxpayers who itemize deductions to include any federal income tax refund amounts in his or her Missouri adjusted gross income if such taxpayer previously claimed a deduction for federal income tax liability on his or her Missouri income tax return. This bill provides that any amount of a federal income tax refund attributable to a tax credit received under Public Law 116-260 (Consolidated Appropriations Act, 2021) will not be included in the taxpayer's Missouri adjusted gross income (Section 143.121).
This bill has an emergency clause.
HB915 - Modifies provisions related to gaming
Sponsor - Rep. Dan Shaul (R)
Summary - LOTTERY GAME PLAYS
The Lottery Commission may incur fees when accepting debit cards or other electronic payment methods for the sale of lottery game plays.
MISSOURI VIDEO LOTTERY CONTROL ACT (Sections 313.360, 313.429, 313.433, 313.434, 313.435, 313.436 and 313.437 RSMo.)
This bill establishes the "Missouri Video Lottery Control Act", which is the regulatory framework for the use of video terminals.
The Lottery Commission must implement a system of video lottery game terminals using a licensing structure for processing license applications and issuing licenses to video lottery game manufacturers, distributors, operators, handlers, and retailers, as defined in the bill, for the conduct of lottery games using video lottery game terminals within the state. No person is authorized to hold more than one type of video lottery game license, except that a video lottery game manufacturer can obtain both a manufacturer's and a distributor's license.
The Commission shall not allow a single vendor or licensee to be responsible for implementing video lottery game terminals, nor shall it allow a single vendor or licensee to control or operate more than 25% of video lottery game terminals in the state after December 31, 2025.
Video lottery game terminals shall be connected to a centralized computer system developed or procured by the Commission. No video lottery game terminal shall be placed in operation without first connecting to such centralized computer system. A vendor that provides the centralized computer system cannot be licensed as a video lottery game operator or retailer. Application and license fees are set out in the bill. Application fees are nonrefundable and license fees are nontransferable. Local license requirements, sticker fees, and taxes are prohibited. No license shall be issued to any person who has been convicted of a felony or crime involving illegal gambling. Video lottery game terminals must meet independent testing standards approved by the Lottery Commission as tested by one or more approved independent test labs.
Licensed video lottery game manufacturers, distributors, and operators may buy, sell, or lease new or refurbished video lottery game terminals. Licensed video lottery game operators must pay winning tickets using a video lottery game ticket redemption terminal, which must be located within the video lottery game retailer's establishment in direct proximity of where such video lottery games are offered. Video lottery game operators must pay to the Commission 32% of any unclaimed cash prizes associated with winning tickets that have not been redeemed within 180 days of issue. Video lottery game operators and video lottery game retailers shall enter into a written agreement for the placement of video lottery game terminals. The agreement shall specify an equal division of adjusted gross receipts between the operator and retailer after adjustments for taxes and administrative fees are made.
Video lottery game operators and video lottery game retailers are prohibited from offering anything of value other than the percentage of adjusted gross receipts for the placement of video lottery terminals.
Operators shall not operate: more than 10 terminals at any one fraternal organization, veterans organization, or truck-stop; or more than five terminals in any one establishment licensed to sell liquor by the drink for on-premise consumption.
A person under the age of 21 cannot play video lottery games, and such video lottery game terminals must be under the supervision of a person that is at least 21 years of age. Video lottery game terminals must be placed in a fully enclosed room that is continually monitored by video surveillance and where access to persons under the age of 21 is prohibited.
Recorded video surveillance shall be made available as reasonably and specifically requested by the Commission. An operator that fails to review such video and report any known violation of law may be subject to an administrative fine not to exceed $5,000. Any operator or retailer found to have knowingly committed a violation of provisions governing the conduct of video lottery games may be subject to a fine of $5,000, the suspension of such operator's retailer's license for up to 30 days, or, in the case of repeated violations, the revocation of such operator's or retailer's license for up to one year.
Video lottery game operators shall pay to the Commission 36% of the video lottery game adjusted gross receipts. How these funds are apportioned are set out in the bill. The remaining net proceeds of the sale of video lottery game tickets shall be appropriated equally to public elementary and secondary education and public institutions of higher education, with an emphasis on funding elementary and secondary education student transportation costs and public institutions of higher education workforce development programs.
All revenues collected by the Commission from license renewal fees and any reimbursements associated with the enforcement of the act shall be appropriated for administrative expenses associated with supervising and enforcing the provisions of this bill.
The Commission shall contract with a state law enforcement entity to assist in conducting investigations into applicants for licenses and to investigate violations of the provisions of this bill.
The use or possession of any video gaming terminal, gambling machine, or device capable of simulating lottery games, games of chance, or gambling games, and that is not licensed by the Lottery Commission or Gaming Commission shall be punishable under the provisions of Chapter 572, RSMo, relating to illegal gambling. Any lottery vendor or licensee violating such provisions shall be guilty of a class D felony and fined up to $10,000 per occurrence. The Commission shall suspend or revoke the license of any vendor or licensee that allows the use of any prohibited video gaming terminal.
Participation in the State Lottery under this bill shall not be construed to be a lottery or gift enterprise in violation of Article III, Section 39 of the Constitution of Missouri, and shall not constitute a valid reason for the denial or revocation of a permit to sell liquor.
This bill allows a municipality or county to adopt an ordinance within 180 days of the effective date of this bill prohibiting video lottery game terminals within the municipality or county.
The bill provides that if any provision of the Missouri Video Lottery Control Act or the application thereof to anyone or to any circumstance is held invalid, the remainder of those sections and the application of such provisions to others or other circumstances will not be affected thereby.
SPORTS WAGERING (Sections 313.1000 to 313.1022)
This bill governs sports wagering, defined as wagering conducted under Sections 313.1000 - 313.1022 on athletic and sporting events, on portions of athletic and sporting events, or on the individual statistics of athletes or competitors in a sporting event or combination of sporting events. Sports wagering includes but is not limited to, single-game wagers, teaser wagers, parlays, overunders, moneylines, pools, exchange wagering, in-game wagers, inplay wagers, proposition wagers, and straight wagers. Sports wagering does not include paid fantasy sports under Sections 313.900 to 313.955.
Sports wagering is prohibited from being offered in this state except by a licensed facility, which may offer sports wagering in person at a licensed facility; through an approved limited mobile gaming system; and over the Internet via an interactive sports wagering platform to persons physically located in this state.
Sports wagering commercial activity, as defined in the bill, is prohibited within any designated sports and entertainment district, except to the extent that the prohibition is waived in writing by each designated sports and entertainment district entity within the district and the written waivers are delivered to the Commission. The prohibition will not apply to the sole activity of offering sports wagering over the Internet via an interactive sports wagering platform that is accessible to persons physically located within the designated sports and entertainment district.
The Gaming Commission must adopt rules to implement the sports wagering laws, which must include but are not limited to:
(1) Standards and procedures to govern the conduct of sports wagering;
(2) Standards governing how a certificate holder offers sports wagering over the Internet through an interactive sports wagering platform to persons physically located in this state or in a reciprocal-agreement state;
(3) The manner in which a certificate holder's books and records relating to sports wagering are maintained;
(4) Standards concerning the detection and prevention of compulsive gambling; and
(5) Standards prohibiting sports wagering commercial activity within a designated sports and entertainment district.
Certificate holders shall make commercially reasonable efforts to designate an area within the licensed facility for sports wagering, ensure the security and integrity of sports wagers accepted under an approved limited mobile gaming system, ensure that the certificate holder's surveillance system covers all areas in which sports wagering is conducted, allow the Commission to be present through gaming agents during the hours sports wagering is conducted, ensure that individuals under the age of 21 are not making sports wagers, provide certain information to sports wagering patrons, and post a sign indicating the minimum and maximum amounts that may be wagered.
Sports wagering is prohibited except on licensed excursion gambling boats and under certain circumstances described previously, in designated sports and entertainment districts.
A licensed facility must apply to the Gaming Commission for authorization to conduct sports wagering, and must pay an application fee of $25,000. If granted a certificate of authority, a certificate holder shall be authorized to conduct sports wagering in a licensed facility or through an interactive sports wagering platform, as defined.
Certificate holders shall designate an area within the licensed facility for conducting sports wagering, and it also may be conducted through the use of an approved limited mobile gaming system, which does not count against a certificate holder's limit of three individually branded interactive sports wagering platforms.
Sports wagering can be conducted with chips, tokens, electronic cards, cash, or other negotiable currency, and interactive sports wagering accounts can be funded in a variety of ways set out in the bill.
Other actions authorized for certificate holders include laying off wagers and contracting with third parties to conduct sports wagering at the licensed facility.
An interactive sports wagering platform, as defined, may apply to the commission for authority to offer sports wagering on behalf of a certificate holder. Such interactive sports wagering platform shall submit an application fee of $25,000. Each year after licensure, an interactive sports wagering platform shall submit an annual license renewal fee of $50,000.
A certificate holder must make commercially reasonable efforts to verify that a person placing a wager is of the legal minimum age authorized to place a wager.
The Commission shall promulgate rules for a sports wagering selfexclusion program, as described in the bill. The Commission shall also promulgate rules to ensure that advertisements for sports wagering do not target minors or other persons who are ineligible to place wagers, problem gamblers, or other vulnerable persons. The Commission shall conduct background checks on individuals seeking licenses under these sections. Such background checks shall include a search for criminal history and any charges or convictions involving corruption or manipulation of sporting events.
A sports governing body may notify the Commission that it desires to restrict, limit, or exclude sports wagers, as defined in the bill, on its sporting events, including restrictions on sources of data and associated video upon which an operator may rely in offering and paying wagers. The Commission may deny such request if it determines that it is arbitrary and capricious. Except in certain emergency situations, such restrictions shall not apply to tier one sports wagers.
Certificate holders may use any data source to determine the results of sports wagers. However, within 60 days of a sports governing body notifying the Commission of its desire to supply official league data to certificate holders for determining the results of tier two wagers, as defined in the bill, certificate holders shall only use official league data to determine the results of such wagers.
The Commission and certificate holders shall cooperate with investigations conducted by law enforcement agencies.
A certificate holder must maintain records of all bets and wagers placed through an interactive sports wagering platform, and all bets and wagers placed in person that exceed $10,000, including personally identifiable information of the bettor, the amount and type of bet, the time and date the bet was placed, the location of the bet, the outcome of the bet, and records of abnormal betting activity for at least three years after the sporting event occurs.
A tax is imposed at a rate of 6.25% on the adjusted gross receipts received from sports wagering conducted by a certificate holder. The tax shall be remitted by electronic funds transfer by the last business day of each month. Revenues received from the tax shall be deposited in the Gaming Proceeds for the Education Fund.
A certificate holder shall also pay to the Commission an annual administrative fee of $50,000. In addition to such administrative fee, a certificate holder shall pay to the Commission a fee of $10,000 every five years for a reinvestigation of the certificate holder. Such fees shall be deposited in the Gaming Commission Fund.
CONSTITUTIONALLY AUTHORIZED ACTIVITIES (Section 572.015)
The bill clarifies that Constitutionally-authorized activities under Article III, Sections 39(a) to 39(f) include a raffle using tickets, a device, or a machine, where a person or persons buy one or more chances from a finite number of draws for a prize. A machine or device must be certified as a raffle by an ISO-17025- accredited independent testing laboratory authorized to test similar devices for compliance in at least five jurisdictions.
Sponsor - Rep. Doug Richey (R)
Summary - This bill creates the "Protect Young Minds Online Act", which establishes requirements for Internet Service Providers to authenticate access to obscene websites when providing Internet service to subscribers. An Internet Service Provider is not liable for any penalty provided in the bill if the provider makes a good faith effort to apply a generally accepted and commercially reasonable method of compliance and the method or technology has the ability to discover and authenticate new obscene websites and fulfills the requirements of the bill.
A subscriber who knowingly provides a minor with his or her authentication in order to access an obscene website is guilty of a class A misdemeanor. The Attorney General may seek injunctive and other equitable relief against an Internet Service Provider that fails to comply with the provisions in the bill.
HB920 - Modifies the date of municipal elections
Sponsor - Rep. Ben Baker (R)
Summary - Beginning January 1, 2022, this bill changes the dates for primary and municipal elections and the procedure to follow when there is a vacancy. In its main provisions, the bill:
(1) Changes that upon a vacancy in any elective office, except for the office of Mayor, the successor shall serve until the next available general municipal election instead of the available regular April election (Section 77.450 RSMo);
(2) Changes the first regular meeting of the city council after the election to no later than the second Tuesday after the general municipal election day instead of the fourth Tuesday in April (Section 77.070); and
(3) Changes the election day for the election of political subdivision and special district officers to the first Tuesday after the first Monday from April to November each year (Section 115.121).
This bill is similar to HB 2656 (2020).
HB942 - Changes requirements for school accreditation classification
Sponsor - Rep. Mike Haffner (R)
Summary - This bill modifies the public school accreditation and statewide assessment system. The bill allows for the statewide assessment system to track student performance from different schools if a student has transferred from one school to another. The bill defines "attendance center" as an individual public elementary or secondary school or charter school, and directs the State Board of Education (SBE), to collect and disseminate information on the attendance center level rather than the current overall district level. The bill adds race and ethnicity to the annual reporting requirements currently established, and requires that the report include improvement suggestions to be research based with citations.
The bill expands on the SBE classification and accreditation rule making authority by providing new categories of classification with specific methodology for making accreditation determinations. Districts in the bottom 10% of the state distribution will be classified as unaccredited, the bottom 25% will be provisionally accredited or unaccredited, and districts in the top 10% will be classified as accredited with distinction.
This bill expands on the SBE's rule making authority for academic achievement and academic performances by requiring that academic growth account for no less than 40% of the total accreditation score, and providing further instruction for the calculation of performance. The bill provides the SBE guidance on new rule making authority for local education agencies (LEA)that have attendance centers that become unaccredited and provisionally accredited. LEAs must develop and submit to the school board or governing agency a school improvement plan. The plan must be submitted to the school district or governing board within 60 days of receiving the designation and must include three-year goals for math and reading proficiency as outlined in the bill. LEAs are encouraged to develop innovation zones and partner with nonprofit organizations with expertise in school redesign and improvement. Any attendance center, school district, or charter school that is classified as provisionally accredited or unaccredited shall inform all parents of students of the classification, along with details on student options and future school improvement plans.
Any attendance center that is a charter school and unaccredited for four consecutive years shall be reconstituted in partnership with an accredited charter organization or be closed and any LEA shall provide students attending any attendance center that has been provisionally accredited for five consecutive years the option to transfer to an accredited attendance center within the district
The Department of Elementary and Secondary Education shall recognize and publish attendance centers that are accredited with distinction and demonstrate significant academic growth.
HB948 - Extends the sunsets on certain tax credits related to agricultural purposes
Sponsor - Rep. Rick Francis (R)
Summary - This bill extends the tax credit for Missouri wood energy producers from June 30, 2020 to June 30, 2027 (Section 135.305, RSMo).
This provision is similar to HB 393 (2021).
Currently, the Meat Processing Facility Investment Tax Credit for the expansion or modernization of meat processing facilities is set to expire on December 31, 2021.
This bill extends the tax credit until December 31, 2027 (Section 135.686).
This provision is the same as SB 355 (2021).
Currently, the Agricultural Product Utilization Contributor Tax Credit under Section 348.430, RSMo, and the New Generation Cooperative Incentive Tax Credit under Section 348.432 are set to expire on December 31, 2021.
This bill moves the expiration date to December 31, 2027 (Section 348.436).
This provision is similar to HB 693 (2021).
Sponsor - Rep. Brian Seitz (R)
Summary - This bill defines the "1619 Project" and prohibits public schools from teaching, using, teaching, promoting, or providing students the 1619 Project as part of the curriculum, course materials, or instruction.
Sponsor - Rep. LaKeySha Bosley (D)
Summary - This bill requires the Department of Elementary and Secondary Education (DESE) to establish a "Career and Technical Education (CTE) Rewards Program" for districts that show an increase in the number of students who earned a CTE certificate in the previous year. DESE will determine the percentage increase required to be eligible and award grants to be used to strengthen the school district's CTE curriculum, programs of study, and course offerings. DESE shall give preference to eligible school districts with a high percentage of minority pupils and/or pupils experiencing poverty. This bill also creates the CTE "Workforce Development Recognition and Reward Program Fund" in the State Treasury.
This bill is similar to HB 2114 (2020).
Sponsor - Rep. LaKeySha Bosley (D)
Summary - Beginning in the 2022-23 school year and subject to appropriations this bill increases the minimum teacher salary by $5000 to $30,000. The bill also increases the minimum teacher salary for those teachers with a masters degree in an academic teaching field and at least 10 years teaching to $35,000. The bill creates the "Teacher Minimum Salary Fund" for money to be distributed to any district that reports teachers that do not make the minimum salaries required in the bill.
This bill is similar to HB 2364 (2020).
Sponsor - Rep. LaKeySha Bosley (D)
Summary - For all tax years beginning on or after January 1, 2022, this bill allows a taxpayer to claim a tax credit against their state tax liability in an amount equal to 50% of the value of all property donated by the taxpayer to any public institution of higher education in Missouri that offers a certificate in Urban Agriculture or a degree in Urban Ecology.
The cumulative amount of tax credits authorized will not exceed $1.5 million per fiscal year. The credit shall not be assigned, transferred, sold, conveyed, or refunded, but may be carried forward to any subsequent tax year, not to exceed a total of five years.
The Department of Revenue shall design and publish all necessary forms and shall establish all necessary rules and regulations for the administration of this bill.
he provision of this bill will automatically sunset six years after the effective date.
This bill is the same as HB 2458 (2020).
Sponsor - Rep. LaKeySha Bosley (D)
Summary - Beginning January 1, 2022, any individual with an income tax liability who is 65 years of age or older and who has owned and resided in his or her current primary residence for 10 or more consecutive years will be allowed to claim a tax credit in an amount equal to the total amount of property tax liable on their primary residence in the year in which the individual first accumulates 10 consecutive years of ownership of the primary residence subtracted from the total amount of property tax that the individual is liable on their primary residence.
The tax credit may be claimed on either a separate or combined tax return provided that no more than one return claims the primary residence or receives the tax credit as specified in this bill.
The tax credit specified in this bill will be refundable but will not be assigned, transferred, sold, or otherwise conveyed.
The Department of Revenue will establish necessary rules and regulations for the administration of this bill.
The provisions of this bill will sunset six years after the effective date unless reauthorized by the General Assembly.
This bill is the same as HB 2400 (2020).
HB971 - Modifies provisions relating to athlete agents
Sponsor - Rep. Jeff Knight (R)
Summary - This bill modifies the Uniform Athlete Agents Act.
Currently, an athlete agent is defined as a person who enters into an agency contract with a student athlete or who recruits or solicits a student athlete to enter into an agency contract, not including certain family members of the student or a person acting solely on the behalf of the professional sports organization. This bill modifies the definition of an athlete agent to a person who:
(1) Recruits or solicits a student athlete to enter into an agency contract or someone who, for compensation, procures or negotiates employment for a student athlete with a professional sports organization;
(2) For compensation, serves the student athlete in an advisory capacity, manages the business affairs of the student athlete; or
(3) Gives consideration to the student athlete in anticipation of representing them.
An athlete agent does not include a person who acts solely on behalf of a professional sports organization or a person who is a licensed professional who provides services to a student athlete customarily pr