Bill Tracking

LEGISLATIVE REPORT March 24, 2021

Note: This report contains two sections, the first is of bills that are of high priority and ACEC is actively working on. The second section contains bills that ACEC Missouri is actively monitoring. HIGH PRIORITY

SB262 - Modifies provisions relating to transportation

Sponsor Sen. Dave Schatz (R)

Summary SS#2/SCS/SB 262 - This act modifies provisions relating to transportation.

TRANSPORTATION FUNDING

This act enacts an additional tax on motor fuel, beginning with 2.5 cents in October 2021, and increasing by 2.5 cents in each fiscal year until reaching an additional 12.5 cents per gallon on July 1, 2025. (Section 142.803.3).

Motor fuel used for propelling highway vehicles shall be exempt from the additional tax, and an exemption and refund may be claimed by the taxpayer if the tax has been paid and no refund has been previously issued, provided that the taxpayer applies for the exemption and refund as provided in the act. (Section 142.822.1).

To claim an exemption and refund, a person shall present written verification that the claim is made under penalty of perjury, and stating the amount of fuel tax paid in the applicable fiscal year for each vehicle for which the exemption and refund is claimed. The claim shall not be transferred or assigned, and shall be filed on or after July 1, but not later than September 30, following the fiscal year for which the exemption and refund is claimed. The claim may be filed electronically, and shall be supported by certain documentation as provided in the act. (Section 142.822.2).

Every person shall maintain and keep records for 3 years to substantiate all claims for exemption and refund of the motor fuel tax, as specified in the act. (Section 142.822.3).

The Director of the Department of Revenue may investigate exemptions and refunds prior to their issuance, or following issuance but within the time frame for making tax adjustments as provided by law. (Section 142.822.4).

The act provides for payment of interest by the Director for exemptions and refunds not issued within 45 days of an accurate and complete filing. (Section 142.822.5).

The exemption and refund of additional motor fuel tax shall be available only with regard to motor fuel delivered into a motor vehicle with a gross vehicle weight rating of 26,000 lbs or less. (Section 142.822.6).

This act also provides that the existing fuel tax exemption for non-highway use may be filed electronically, that applicants shall retain original sales slips rather than submitting them to the Department, and that refunds shall be issued within 45 days, rather than 30 days. (Sections 142.824.1, 142.824.5 and 142.824.8).

Under the act, the fees for alternative fuel decals are increased by 20% per year for a period of 5 years, except that the fee for vehicles in excess of 36,000 pounds is increased by 10% per year for a period of 5 years, and the fee for temporary decals is not modified. (Section 142.869.2).

Lastly, the act establishes within the Department of Revenue the "Electric Vehicle Task Force", with membership as specified in the act. As detailed in the act, the task force shall analyze and make recommendations regarding the impact of electric vehicle adoption on transportation funding. The task force shall deliver a written report to the General Assembly and the Governor no later than December 31, 2022. (Section 142.1000). ODOMETER READINGS

This act increases, from 10 years to 20 years, the maximum age of motor vehicle required to have its odometer readings recorded in certain circumstances. (Sections 301.192.1(6) and 301.280.1). A corresponding change is made with regard to odometer fraud offenses. (Sections 407.526 and 407.556.2(2)). The act also specifies that the Department of Revenue may allow electronic signatures on written powers of attorney authorizing mileage disclosures and transfers of ownership. (Section 407.536.8).

These provisions are subject to an emergency clause.

These provisions are identical to provisions in SB 370 (2021) and similar to HB 2660 (2020).

CDL BANS FOR HUMAN TRAFFICKING CONVICTIONS

The act also enacts a lifetime ban from driving a commercial motor vehicle for any person convicted of using a commercial motor vehicle in the commission of a felony involving "severe forms of human trafficking in persons", as defined by federal law. (Section 302.755.19).

These provisions are subject to an emergency clause.

These provisions are identical to provisions in SB 370 (2021).

Last Action 03/11/2021 H - Reported to the House and read first time ACEC POSITION: SUPPORT

HB1044 - Modifies provisions relating to motor fuel tax

Sponsor Rep. Becky Ruth (R)

Summary Currently, the tax charged on all motor fuel used or consumed in this state is $0.17 per gallon, with certain exemptions. Beginning January 1, 2022, this bill increases that tax by two cents per year for five years.

Beginning January 1, 2023, any person who pays this increased amount of tax is eligible to have the increased amount refunded by filing a claim with the Department of Revenue which includes the original sales receipts and additional information as set out in the bill. The refund claim must be filed no later than one year after the motor fuel purchase or April 15th following the year of purchase, whichever is later. If the original sales receipt is lost or destroyed, a claim still can be made under conditions described in the bill. Accurate and complete refunds must be paid to the claimant within 30 days. A refund claim cannot be sold, transferred, assigned, or otherwise conveyed.

A person shall be permitted to claim a refund for motor fuel purchased only for up to two vehicles per calendar year. No more than one person per calendar year can claim a refund for motor fuel purchased for a given motor vehicle.

Last Action 02/04/2021 H - Read Second Time ACEC POSITION: SUPPORT

HB481 - Modifies provisions relating to the licensure of architects, engineers, and landscape architects

Sponsor Rep. Jeff Coleman (R)

Summary

ARCHITECTS (Sections 327.091 and 327.101, RSMo.)

Current law sets forth the practice of an architect in Missouri as any person who renders or represents himself or herself as willing or able to render service or creative work which requires architectural education, training, and experience. This bill instead sets forth the practice of architecture as rendering or offering to render services in connection with the design and construction of public and private buildings, structures, shelters, and site improvements which have as their principal purpose human occupancy or habitation. Only a person with the required architectural education, practical training, relevant work experience, and licensure may practice as an architect in Missouri.

Current law allows certain people to perform specified architectural work without a license. This bill removes the exception for people who perform certain architectural work for their employer that does not endanger the public health or safety. The bill allows an exception for people who render architectural services in connection with buildings used exclusively for agricultural purposes.

The bill also removes the exception for people who work on privately-owned commercial buildings that contain less than 10 people, or people who work on privately-owned buildings of less than 2,000 square feet, and instead allows the exception only for people who work on any one building that contains less than 10 people, contains less than 2,000 square feet, and is not part of another building.

Current law requires a person who applies for licensure as an architect to hold a certified Intern Development Program record with the National Council of Architectural Registration Boards. The bill allows a person to apply if he or she holds a certified Architectural Experience Program record.

PROFESSIONAL ENGINEERS (Sections 327.191 and 327.241)

Current law allows certain people to perform specified professional engineering work without a license. This bill removes this exception for people who perform certain professional engineering work for their employer that does not endanger the public health or safety. The bill allows an exception for people who render professional engineering services in connection with buildings used exclusively for agricultural purposes.

The bill also allows an exception for persons who work on a privately-owned:

(1) Dwelling house;

(2) Multiple-family dwelling house containing no more than two families;

(3) Single building that contains less than 10 people, contains less than 2,000 square feet, and is not part of another building; and

(4) Multiple-family dwelling house containing three or four families, as long as the work does not affect safety features of the building.

The bill clarifies that an applicant for an engineer-intern or a professional engineer can take the engineering exam before having acquired at least four years of satisfactory engineering experience.

The bill removes a provision requiring a professional engineer to be licensed within four years of being eligible for licensure.

LANDSCAPE ARCHITECTS (Section 327.612)

The bill removes a provision requiring an applicant as a landscape architect to be 21 years old. The bill allows an applicant as a landscape architect to possess education that equals or exceeds the education received by a graduate of an accredited school in lieu of having a degree from an accredited school. The bill adds a requirement that an applicant pass all sections of the landscape architectural registration examination from the Council of Landscape Architectural Registration Boards.

This bill is similar to SB 992 and HB 2575 (2020); and provisions contained in HCS SCS SBs 673 & 560 (2020).

Last Action 03/11/2021 H - Referred to House Committee on Rules-Legislative Oversight ACEC POSITION: SUPPORT

SB257 - Modifies provisions relating to licensure of architects, engineers, and landscape architects

Sponsor Sen. Eric Burlison (R)

Summary SB 257 - This act modifies provisions relating to the licensure of architects, engineers, and landscape architects. ARCHITECT

Current law sets forth the practice of an architect in Missouri as any person who renders or offers to render or represent himself or herself as willing or able to render service or creative work which requires architectural education, training and experience.

Under this act, the practice of architecture is modified to include the rendering or offering to render services in connection with the design and construction of public and private buildings, structures and shelters, site improvements, in whole or part, which have as their principal purpose human occupancy or habitation. The act sets forth the services that may be included in the practice of architecture. Only a person with the required architectural education, practical training, relevant work experience, and licensure may practice as an architect in Missouri.

(Section 327.091)

Current law prohibits any person from practicing architecture in Missouri unless and until such person is licensed or certificated to practice architecture in the state. Current law also exempts certain persons from this requirement, including any person who is a regular full-time employee who performs architectural work for the person's employer if certain conditions are met.

This act repeals the provision exempting such person. All other persons exempt from the licensing requirement may engage in the practice of architecture, provided such person does not use the title "architect" or other terms set forth in the act that indicate or imply that such person is or holds himself or herself out to be an architect. This act also exempts any person who renders architectural services in connection with the construction, remodeling, or repairing of any building or structure used exclusively for agriculture purposes from the licensing requirement.

Current law also exempts any person who renders architectural services in connection with the construction, remodeling or repairing of any privately owned building set forth in the act, provided such person indicates on any documents furnished in connection with such services that the person is not a licensed architect. This act repeals certain privately owned buildings from the list of buildings such person may provide services for, and adds any one building which provides for the employment, assembly, housing, sleeping, or eating of not more than 9 persons, contains less than 2,000 square feet and is not part of another building structure.

(Section 327.101)

Current law permits any person to apply for licensure as an architect who holds a certified Intern Development Program record with the National Council of Architectural Registration Boards. Under this act, such person may also hold a certified Architectural Experience Program record.

(Section 327.131)

PROFESSIONAL ENGINEER

Current law prohibits any person from practicing as a professional engineer in Missouri unless and until such person is licensed or certificated to practice engineering in the state. Current law also exempts certain persons from this requirement, including any person who is a regular full-time employee of a person, who performs professional engineering work for the person's employer if certain conditions are met.

This act repeals the provision exempting such person. All other persons exempt from the licensing requirement may engage in the practice of professional engineering, provided such person does not use the title "professional engineer" or other terms set forth in the act that indicate or imply that such person is or holds himself or herself out to be a professional engineer. This act also exempts any person who renders engineering services in connection with the construction, remodeling, or repairing of any building or structure used exclusively for agricultural purposes, and any person who renders professional engineering services in connection with the construction, remodeling, or repairing of any privately owned building, as set forth in the act, and who indicates on any documents furnished in connection with such services that the person is not a licensed professional engineer.

Any person who renders engineering services in connection with the remodeling of any privately owned, multiple family dwelling house, flat, or apartment containing 3 or 4 families is also exempt, provided certain conditions are met. (Section 327.191)

Current law requires any person entitled to be licensed as a professional engineer to be licensed within 4 years after the date on which he or she is entitled to be licensed, and if such person is not licensed within that time, the Engineering Division of the Board may require him or her to take and satisfactorily pass an examination before issuing him or her a license. This act repeals this provision.

(Section 327.241) LANDSCAPE ARCHITECT

Current law permits any person who is of good moral character, 21 years of age, who has a degree in landscape architecture, and has at least three years of landscape architectural experience to apply to the Board for licensure as a professional landscape architect.

This act repeals the age requirement, and also provides that an applicant who may not have a degree in landscape architecture may instead have an education which, in the opinion of the Board, equals or exceeds the education received by a graduate of an accredited school. This act also requires an applicant to have taken and passed all sections of the landscape architectural registration examination administered by the Council of Landscape Architectural Registration Boards.

(Section 327.612)

This act is substantially similar to SB 992 (2020)

Last Action 02/22/2021 S - Hearing Conducted ACEC POSITION: SUPPORT

HB1202 - Changes the laws regarding linked deposits, home-based businesses, taxation, non- compete agreements, and the Department of Economic Development

Sponsor Rep. Travis Fitzwater (R)

Summary This bill modifies numerous provisions of law relating to economic development.

LINKED DEPOSITS (Section 30.750, RSMo)

This bill adds to the definition of "eligible small business", a person who receives a loan from the Small Business Administration; however, a person eligible under this bill will not receive a linked deposit in an amount more than 10% of the amount of the loan from the Small Business Administration or $250,000, whichever is less, and, if such person relocates out of this state within 10 years of receiving the linked deposit, the person will be required to repay the interest forgone on the linked deposit rate to the state.

STATE CONTRACTS (Section 34.195)

Under this bill, 5% of all state contracts will be awarded to businesses that have been in operation for less than five years.

RIGHT TO START ACT (Sections 143.073 and 143.513)

This bill creates the "Right to Start Act". For all tax years beginning on or after January 1, 2022, a tax is imposed upon the Missouri taxable income of an eligible corporation or other business entity, validly licensed under the applicable laws of this state, that begins business operations in this state on or after the effective date of this bill, as follows:

(1) For the first tax year of an eligible new business, the first $250,000 of income will be exempt from taxation and any remaining portion of income will be taxed at a rate of 4%;

(2) For the second tax year of an eligible new business, the first $500,000 of income will be taxed at a rate of 1% and any remaining portion of income will be taxed at a rate of 4%;

(3) For the third tax year of an eligible new business, the first $750,000 of income will be taxed at a rate of 2% and any remaining portion of income will be taxed at a rate of 4%;

(4) For the fourth tax year of an eligible new business, the first $1 million dollars of income will be taxed at a rate of 3% and any remaining portion of income will be taxed at a rate of 4%;

(5) For the fifth tax year of an eligible new business and for all tax years thereafter, all income will be taxed at a rate of 4%. The income tax imposed under this bill will be imposed on eligible new businesses in lieu of the income tax otherwise imposed under Sections 143.011, 143.021,and 143.071, and any other provisions of Chapter 143.

For all tax years beginning on or after January 1, 2022, for any taxpayer who is a corporation or other business entity, validly licensed under the applicable laws of this state and with a Missouri taxable income of less than $5,000 for the tax year, the Department of Revenue may extend the deadline for the filing of such taxpayer's income taxes and tax returns for a period of one year, at which time such taxes and tax returns must be filed along with any taxes and tax returns otherwise due for the tax year in which the extension ends.

No interest or late penalty will be assessed under any provision of law for individual, corporate, or eligible small business income taxes or income tax returns in which the filing deadline is extended under this bill, provided that, such taxes and tax returns are filed before the extended deadline.

The Department of Revenue may design any forms and may promulgate any necessary rules and regulations for the administration of this extension. Such rules will include, but not be limited to, rules describing how eligible taxpayers will apply for the extension allowed under this bill, how the applications for the extension will be processed by the Department, and how taxpayers who are awarded an extension will file taxes after the extension ends.

NON-COMPETE AGREEMENTS (Section 431.203)

This bill prohibits and voids agreements, understandings, contracts, or contractual terms in which an employee or prospective employee agrees not to compete against an employer or prospective employer or agrees not to accept any positions with a competitor of an employer or prospective employer following the termination of a business or employment relationship between the employee or prospective employee and the employer or prospective employer. Such agreements will be unenforceable and may, but need not, contain time-based or geographic limitations.

OFFICE OF ENTREPRENEURSHIP (Section 620.3800)

This bill creates an Office of Entrepreneurship within the Department of Economic Development.

The office will be funded subject to appropriation from the federal State Small Business Credit Incentive (SSBCI) funds.

Last Action 03/09/2021 H - Referred to House Committee on Rules-Legislative Oversight ACEC POSITION: OPPOSED

LEGISLATION BEING MONITORED

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).

Last Action - 01/07/2021 H - Read Second Time

HB138 - Requires the department of natural resources to assist permit applicants throughout the permitting process

Sponsor Rep. Randy Pietzman (R)

Summary This bill specifies that it is the policy of the Department of Natural Resources to assist applicants throughout the application and permitting process by designating one or more people who are trained in the process to assist applicants. The Department must maintain a permit assistance portal on its website and must provide a link to the portal to all permit applicants. The Department must track that number of requests for assistance submitted through the portal and the timeliness of responses provided to applicants. No later than January 1, 2022, the Department must post on its website exemplars of completed permit applications for the most common permits issued by the Department.

The Department must regularly track the number of days for permit applications to be determined to be complete.

This bill is similar to HCS HB 1804 (2020).

Last Action 03/11/2021 S - Reported to the Senate and read first time

HB140 - Requires the department of conservation to give at least one warning before imposing a penalty within the first two years of promulgation of the penalty

Sponsor Rep. Randy Pietzman (R)

Summary This bill requires the Department of Conservation, for the first two years after the effective date of any new administrative penalty imposed by rule, to provide at least one warning before imposing the penalty on an individual or entity. The requirement to issue a warning does not apply to modifications of a rule or regulation that only establishes seasons or limits and does not modify an administrative penalty.

This bill is similar to HCS HB 2528 (2020).

Last Action 03/08/2021 H - Public hearing completed

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).

Last Action 01/07/2021 H - Read Second Time

HB169 - Changes the laws regarding sales of land so that a sale of 10 or more acres requires a survey

Sponsor Rep. Mark Ellebracht (D)

Summary This bill requires a land survey made by a professional land surveyor for any conveyance of 10 or more acres of real property made in exchange for compensation, other than for a sale in which the state or a political subdivision is the seller.

This bill is the same as HB 1358 (2020) and HB 384 (2019).

Last Action 01/07/2021 H - Read Second Time

HB261 - Allows electrical corporations to charge for services based on the costs of certain construction work in progress

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.

Last Action 03/10/2021 H - Referred to House Committee on Rules-Administrative Oversight

HB338 - Changes the laws regarding land surveys

Sponsor Rep. Don Mayhew (R)

Summary This bill adds "center of section" to the points of land included in the definition of "corners of the United States public land survey".

The bill substitutes the phrase "an existent corner" with "a position" within the definition of "obliterated, decayed or destroyed corner".

A description of the procedure used to relate the intersection of meridional and latitudinal lines to the measurement between four known corners is repealed.

Certain options that can be used to reestablish lost standard corners and lost section and quarter-section corners are repealed and replaced with the single proportionate method.

The bill also provides that the proportional position shall be offset, if necessary, in a cardinal direction to the true line defined by the nearest adjacent corners on opposite sides of the quarter corner to be established.

This bill is the same as HCS HB 1603 (2020).

Last Action 03/12/2021 H - Scheduled for Committee Hearing 03/23/2021 4:00 PM - House-Rules-Legislative Oversight, HR 4

HB393 - Reauthorizes the Wood Energy Tax Credit until June 30, 2027

Sponsor Rep. Jeff Knight (R)

Summary This bill extends the tax credit for Missouri wood energy producers from June 30, 2020 to June 30, 2027.

This bill is the same as HB 2274 (2020).

Last Action 03/04/2021 H - Referred to House Committee on Rules-Legislative Oversight

HB397 - Modifies provisions for water and sewer infrastructure

Sponsor Rep. Wayne Wallingford (R)

Summary Currently, water corporations with more than 1,000 customers are required to use a competitive bidding process for no less than 10% of the corporation's external expenditures for planned infrastructure projects on the water corporation's distribution system. This bill requires a competitive bidding process be used for 20% of the corporation's external expenditures for such projects.

The bill also establishes the "Missouri Water and Sewer Infrastructure Act", which specifies that a water or sewer company may file a petition and proposed rate schedules with the Public Service Commission to create or change an infrastructure rate adjustment (WSIRA) that provides for the recovery of pretax revenues associated with eligible infrastructure projects. The WSIRA and any future changes must meet specific requirements.

The Commission cannot approve a WSIRA for a water or sewer corporation that has not had a general rate proceeding decided or dismissed within the past three years of the filing of a WSIRA petition unless the corporation has filed for or is the subject of a pending general rate proceeding. A corporation cannot collect a WSIRA for more than three years unless the corporation had filed for or is the subject of a new rate proceeding. In such case, the WSIRA can be collected until the effective date of the new rate schedules.

At the time the corporation files a petition to establish or change a WSIRA, it must submit proposed WSIRA rate schedules and supporting documentation, and it must also serve the Office of Public Counsel with a copy of the petition, rate schedules, and documentation. Upon filing, the Commission must publish a notice of the filing, and conduct an examination of the proposed WSIRA, as specified in the bill. The Commission may hold a hearing on the petition and any associated WSIRA rate schedules. If the Commission finds that a petition complies with the requirements, the Commission must enter an order authorizing the corporation to implement the WSIRA. A corporation may effectuate a change in its WSIRA no more than twice in every 12-month period.

The bill specifies information the Commission may consider in determining the appropriate pretax revenues and how the WSIRA is calculated. If this information is unavailable and the Commission has not provided it on an agreed-upon basis, the Commission must use the last authorized overall pretax weighted average cost of capital for a WSIRA or the last authorized overall pretax weighted average cost of capital in a general rate proceeding for the corporation. At the end of each 12-month period that the WSIRA is in effect, the corporation must reconcile the differences between the revenues from a WSIRA and the appropriate pretax revenues found by the Commission for that period and submit the reconciliation and proposed WSIRA to the Commission for approval to recover or credit the difference.

A corporation that has a WSIRA must file revised WSIRA schedules when new base rates and charges become effective following a general rate proceeding that includes the WSIRA eligible costs in the base rates. Once the eligible costs are included in corporation's base rates, the corporation must reconcile any previously unreconciled WSIRA revenues to ensure that revenues resulting from the WSIRA match as closely as possible the appropriate pretax revenues.

A corporation's filing of a petition to establish or change a WSIRA is not considered a request for a general increase in the corporation's base rates and charges. Nothing in this bill impairs the authority of the Commission to review the prudence or eligibility of specific projects in the proposed WSIRA.

This bill is the same as SB 44 (2021) and similar to HB 2094 (2020).

Last Action 03/11/2021 H - Scheduled for Committee Hearing 03/24/2021 8:00 AM - House-Utilities, HR 6

HB446 - Modifies provisions relating to solid waste management

Sponsor Rep. Adam Schwadron (R)

Summary Currently, facilities designed to incinerate solid waste must provide a health and safety buffer of at least 50 feet from a facility located in a nonresidential area in St. Louis City and at least 300 feet from a facility anywhere else in the state.

This bill expands the buffer requirements to all commercial solid waste processing facilities and to at least 500 feet from the facility anywhere except in a nonresidential area of St. Louis City.

This bill is similar to HB 1727 (2018).

Last Action 03/01/2021 H - Public hearing completed

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.

Last Action 03/11/2021 S - Referred to Senate Committee on Professional Registration

HB489 - Adds provisions relating to the International Swimming Pool and Spa Code

Sponsor Rep. Ron Hicks (R) Summary This bill adopts the "International Swimming Pool and Spa Code" as it existed on May 1, 2020 and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas.

Counties and municipalities are authorized to establish procedures for the administration and enforcement of the pool and spa code, and are authorized to adopt local amendments to the code or amendments made by the International Code Council.

This bill is similar to HB 2157 (2020).

Last Action 03/11/2021 H - Scheduled for Committee Hearing 03/23/2021 5:00 PM - House-Special Committee on Small Business, HR 1

HB500 - Establishes the Missouri Statewide Mechanical Contractor Licensing Act

Sponsor Rep. Nick Schroer (R)

Summary This bill establishes the "Missouri Statewide Mechanical Contractor Licensing Act".

As specified in the bill, the Statewide Mechanical License for mechanical contractors will be regulated by the Division of Professional Registration, and not a state-appointed licensing board. The bill creates the "Office of Mechanical Contractors" within the Division, to carry out the provisions of the bill.

Applicants for a statewide mechanical license must be 21 years old, provide proof of liability insurance in the amount of $1 million, pass certain standardized mechanical assessment tests, and have completed 7,500 hours of field experience or at least a Bachelor's degree with a minimum of three years of experience supervising a field employee.

A company that wants to engage in mechanical contracting is required to employ at least one statewide license-holder, and if the company loses their license-holder, they have six months to register a new license-holder before being declared inactive. A Statewide Licensed Mechanical Contractor may represent only one company at a time. A company must have at least one license- holder give eight hours of training each year.

Political subdivisions may establish their own local Mechanical Contractor's License, but shall recognize a statewide license in lieu of a local license. A political subdivision cannot require the employees of a statewide licensed mechanical contractor or its subcontractors or manufacturers' to obtain journeymen licenses, apprenticeship licenses, or occupational licenses that require passing any examination or any special requirements to assess mechanical proficiency. The Statewide Mechanical Contractor License can be used to perform work in any political subdivision.

If a political subdivision does not recognize a statewide license, a Statewide Mechanical Contractor Licensee may file a complaint with the Division, which must investigate such complaint. If the Division finds that the political subdivision failed to recognize a statewide license, the Division shall notify the political subdivision of such violation and grant them 30 days to comply. If after 30 days the political subdivision does not comply, the Division shall notify the Director of the Department of Revenue, who shall withhold any moneys the political subdivision would otherwise be entitled to from local sales tax until the political subdivision is in compliance.

This bill establishes the "Missouri Mechanical Contractor Licensing Fund" in the State Treasury, which shall be expended for the administration of the Statewide Mechanical Contractor Licensure.

Mechanical contractor licenses shall expire after 24 months. Failure to renewal the license will result in the license being declared inactive and the licensee cannot practice until the license is renewed. A licensee must also have at last 16 hours of training to renew the license.

Any person operating as a mechanical contractor in a political subdivision that does not require a local license or who operates in a political subdivision with a local license is not required to possess a statewide license to operate as a mechanical contractor in such political subdivision.

The Division may refuse to issue the license and may cause a complaint to be filed with the Administrative Hearing Commission against any holder of a license for reasons outlined in the bill. Upon a finding by the Administrative Hearing Commission that grounds for disciplinary action are met, the Division may censure, place on probation, suspend, or revoke any license. Upon a judicial or administrative finding of a violation of this act, the Division may assess fines up to $5,000.

Any person who knowingly violates the provisions of this act is guilty of a class B misdemeanor.

This bill is the same as SB 11 (2021), and similar to SCS SB 559, HCS HB 1891, HCS SS SCS SBs 673 & 560 (2020), SB 376 and HCS HB 326 (2019).

Last Action 03/10/2021 H - Placed on Informal Calendar

HB525 - Requires the Department of Natural Resources to conduct a use attainability analysis on waters of the state before limiting ammonia discharges from point sources

Sponsor Rep. Kent Haden (R)

Summary This bill states that before the Department of Natural Resources designates a presumptive use on any waters north of the Missouri River and the use establishes limitations on ammonia discharged for any point source, the Department must conduct a use attainability analysis on the water to justify the Department's adoption of the use.

If there is a use in effect on any of the waters, the Department must conduct a use attainability analysis on the water to justify the Department's adoption of the use. No application for a permit or a renewal to discharge water contaminants by a point source can require limitation on ammonia until the Department has conducted a use attainability analysis on the water to justify the adoption of the use requiring the ammonia limits.

This bill is similar to HB 2637 (2020).

Last Action 03/12/2021 H - Scheduled for Committee Hearing 03/23/2021 4:00 PM - House-Rules-Legislative Oversight, HR 4

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.

Last Action 01/07/2021 H - Read Second Time

HB584 - Modifies provisions relating to licensure reciprocity

Sponsor Rep. Tricia Derges (R)

Summary This bill removes a requirement that a person who is licensed in another state and is applying for licensure in Missouri for the same occupation apply for licensure at the same practice level as his or her current license.

The bill states that a the board must waive any examination, educational, or experience requirements for licensure within 60 days of receiving an application from a health care professional. The requirements must be waived as soon as immediately practicable for a health care professional during an emergency. Under current law, statute allows a wait time of up to six months.

The bill removes a provision that an oversight body cannot grant a license by reciprocity to an applicant who is currently under investigation, has a complaint pending, or who is under disciplinary action in another state.

This bill contains an emergency clause.

Last Action 01/07/2021 H - Read Second Time

HB631 - Establishes procedures relating to land use permits for historic landfills

Sponsor Rep. Dottie Bailey (R)

Before issuing a land use permit for an historic landfill property, the county must hold public hearings to allow for public comment that allows ample time for evidence of residents' concerns. All information and testimony provided during the public comment period is part of the official record and the county must use the information to determine if additional testing is necessary. If additional testing is necessary, the county must perform the testing and remediation prior to issuing the land use permit.

Prior to issuing a land use permit, the county must assess the environmental status of the neighborhoods surrounding the landfill and make available to the public any information gathered indicating conditions that may contribute to negative health outcomes of residents.

This bill is similar to HB 2225 (2020).

Last Action 02/25/2021 H - Referred to House committee on Conservation and Natural Resources

HB694 - Modifies provisions relating to the state motor fuel tax

Sponsor Rep. Rick Francis (R)

Summary Beginning January 1, 2022, this bill increases the tax on motor fuel by $0.02 per gallon. Additional increases of $0.02 per gallon will take effect each following January 1st until the tax on motor fuel is $0.27 per gallon on January 1, 2026.

Beginning upon the effective date of this bill, biodiesel blended with motor fuel with at least 6% but less than 10% biodiesel content in the motor fuel will be taxed at $0.17 per gallon. Beginning on January 1, 2024, this bill increases the tax on biodiesel blended with motor fuel with at least 6% but less than 10% biodiesel content in the motor fuel to $0.20 per gallon. Additional increases of $0.02 per gallon will take effect each following January 1st until the tax on biodiesel blended with motor fuel with at least 6% but less than 10% biodiesel content in the motor fuel is $0.24 per gallon on January 1, 2026.

Beginning upon the effective date of this bill, biodiesel blended with motor fuel with at least 10% biodiesel content in the motor fuel will be taxed at $0.17 per gallon. Beginning on January 1, 2025, this bill increases the tax on biodiesel blended with motor fuel with at least 10% biodiesel content in the motor fuel to $0.19 per gallon. An additional increase of $0.02 per gallon will take effect on the following January 1st and the tax on biodiesel blended with motor fuel with at least 10% biodiesel content in the motor fuel will be $0.21 per gallon on January 1, 2026.

These provisions will not become effective unless approved by a majority of the qualified voters of this state.

Last Action 01/07/2021 H - Read Second Time

HB775 - Modifies provisions relating to solid waste management districts

Sponsor Rep. Ron Hicks (R)

Summary This bill changes the laws relating to Solid Waste Management Districts. In its main provisions, the bill:

(1) Requires the Department of Natural Resources to create and maintain a Waste Reduction and Recycling Unit to perform certain duties and requires 5% of the scrap tire fee be used to support waste reduction and recycling efforts. Currently, the Department may use up to 5% for such efforts;

(2) Changes the requirement for the Executive Board of each district to submit a plan to the Department to a optional requirement; (3) Removes the requirement for the Department of Natural Resources to conduct certain performance audits. Under current law, the Department must conduct a performance audit of grants to each Solid Waste Management District at least once every 5 years;

(4) Reduces the money available to the Department and the Environmental Improvement and Energy Resources Authority to fund activities that promote the development and maintenance of markets for recovered materials from $800,000 to $600,000;

(5) Requires that $200,000 be made available to districts receiving less than $120,000 for a fiscal year and be distributed to eligible districts proportionately to increase a districts allocation to as close to $120,000 as possible;

(6) Requires revenues to be immediately transferred to the Districts on a quarterly basis;

(7) Repeals a provision stating that the Department and the Environmental Improvement and Energy Resources Authority shall conduct sample audits of grants;

(9) Changes the requirement for districts to submit a grant application to the Department from submittal of an application to submitting only the supporting information to verify certain requirements were met and reduces the number of days the Department has to review supporting information from 30 day to 10 days;

(10) Moves the responsibility for performance reviews and audits of grant recipients from the Department to the District; and

(11) Specifies that if a Solid Waste Management District receives an unfavorable decision on a request submitted to the Department, the District may send the request to the Solid Waste Advisory Board and the request may be appealed to the Administrative Hearing Commission upon at least two-thirds of the members of the Board representing Solid Waste Management Districts.

This bill is similar to HB 2529 (2020).

Last Action 01/12/2021 H - Read Second Time

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.

Last Action 01/12/2021 H - Read Second Time

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.

Last Action 01/13/2021 H - Read Second Time

HB970 - Requires any wind energy system to acquire a permit from the Department of Natural Resources before building wind energy production facilities

Sponsor Rep. Chuck Basye (R)

Summary This bill requires any person who installs a wind energy system to acquire a permit from the Department of Natural Resources. The permit application must contain at least evidence that all components, equipment and facilities of the energy system are set back from all property lines at least 1.5 times the fall distance of any part of the system, that the shadow flick from any turbine will not cross the property line, and any other information required by the Department. The Department may impose a reasonable fee for each permit, but the fee may not exceed the cost of reviewing and issuing the permit.

Last Action 01/29/2021 H - Read Second Time

HB974 - Modifies provisions relating to the Petroleum Storage Tank Insurance Fund

Sponsor Rep. Jeff Knight (R)

Summary Currently, the Petroleum Storage Tank Insurance Fund assumes costs of 3rd-party claims and cleanup of contamination caused by releases from petroleum storage tanks and pays legal defense costs for eligible 3rd-party claims. This bill specifies that the legal defense costs are separate from other coverage limits and allows the Fund to set a limit for such coverage.

This bill is the same as SB 310 (2021).

Last Action 01/29/2021 H - Read Second Time

HB1006 - Establishes a road use fee for electric vehicles and plug-in electric hybrid vehicles

Sponsor Rep. Herman Morse (R)

Summary This bill authorizes the Department of Revenue to charge and collect, in addition to all other required registration fees, an electric vehicle road use fee and a plug-in electric hybrid vehicle road use fee upon initial registration for each such vehicle, as such vehicles are defined in the bill. The one-time road use fee must be submitted with the initial vehicle registration fee.

For new electric vehicles the fee will be 4% of the list price as defined in statute and for used electric vehicles the fee will be 4% of the vehicle's Kelly Blue Book value.

For new plug-in electric hybrid vehicles the fee will be 2% of the list price as defined in statute and for used plug-in electric hybrid vehicles the fee will be 2% of the vehicle's Kelly Blue Book value.

Revenue from the Road Use Fee will be deposited in the State Road Fund and used as provided in Article IV, Section 303(b) of the Missouri Constitution.

Last Action 02/02/2021 H - Read Second Time

HB1041 - Establishes miles-per-gallon-based motor vehicle registration fees

Sponsor Rep. Nate Tate (R)

Summary This bill mandates the filing of miles per gallon fuel ratings when a vehicle is registered, prescribes methods for determining miles per gallon ratings, and adjusts certain fees based on ratings.

The annual registration fee for motor vehicles other than commercial motor vehicles will be determined based upon the motor vehicle's combined city/highway miles per gallon rating.

Motor vehicles with a combined city/highway miles per gallon rating of 19 MPG or less will pay $25.

Motor vehicles with a combined city/highway miles per gallon rating greater than 19 MPG, will pay an additional fee, as follows:

(1) For motor vehicles with a rating greater than 19 MPG, up to and including 29 MPG, $32; (2) For motor vehicles with a rating greater than 29 MPG, up to and including 39 MPG, $39; (3) For motor vehicles with a rating greater than 39 MPG, up to and including 49 MPG, $46; (4) For motor vehicles with a rating greater than 49 MPG, up to and including 59 MPG, $53; (5) For motor vehicles with a rating equal to or greater than 60 MPG, $75.

The annual registration fee for plug-in electric hybrid vehicles will be $112, and for electric vehicles, $125.

The annual registration fee for motorcycles, motortricycles, and autocycles shall be $10;

The minimum annual registration fee for property-carrying commercial motor vehicles and local property-carrying commercial motor vehicles, respectively, is $25 for up to 12,000 pounds gross weight, and $25 for up to 18,000 pounds gross weight.

This bill has an effective date of July 1, 2023.

This bill is the same as HB 2301 (5000H.01I) - 2020.

Last Action 02/04/2021 H - Read Second Time

HB1093 - Requires the Department of Transportation to consider the complete life-cycle costs of work in determining the lowest bid amount submitted for a contract

Sponsor Rep. Curtis Trent (R)

Summary This bill requires the Department of Transportation to consider the complete life-cycle costs of work in determining the lowest bid amount submitted for non design-build projects.

The Department is required to develop and implement a life-cycle cost analysis for any non design-build projects for which the estimated total pavement costs exceed $1 million funded in whole or in part by state funds. The Department must design such projects in both asphalt and concrete pavement designs, and will award pavement projects utilizing the material with the lowest life- cycle cost. The designs and life-cycle cost analysis must be conducted in accordance with the Department's currently established practices and policies.

This bill is the same as SB 104 (2021).

Last Action 02/10/2021 H - Read Second Time

HB1127 - Modifies provisions relating to state purchasing

Sponsor Rep. Brad Hudson (R)

Summary This bill modifies the authority of the Office of Administration as it pertains to purchasing products and services relating to information technology. In its main provisions, the bill: (1) Authorizes the Commissioner of the Office of Administration to purchase products and services related to information technology instead of departments. It also requires the Commissioner of the Office of Administration to post notices of such proposed purchases on the online bidding/vendor registration system maintained by the Office of Administration instead of departments (Section 34.047, RSMo.); and

(2) Changes the required amount of a single feasible source purchasing authority, that the Commissioner of the Office of Administration must specifically delegate, to being in excess of $10,000 instead of $500,000 (Section 34.100).

Last Action 03/08/2021 H - Public hearing completed

HB1164 - Creates the Underground Damage Prevention Review Board

Sponsor Rep. Aaron Griesheimer (R)

Summary This bill establishes the "Underground Damage Prevention Review Board" to review reports of alleged violations of the Underground Facility Safety and Damage Prevention Act. The board consists of nine members who are appointed as specified in the bill. No member may serve on a case in which the member has a conflict of interest.

The board must meet within 30 days after the appointment of all the members and must hold at least two regular meetings per year. The board will receive reports of alleged violations and must contact persons whom reports have been filed against within 10 days of filing a report. The board must maintain certain information regarding the alleged violations. If after review of the alleged violation, the board determines that a person has violated the Underground Facility Safety and Damage Prevention Act, the board must determine the appropriate action or penalty as specified in the bill. A person determined to be in violation may request a hearing before the board. If the board recommends a penalty, the board will notify the Public Service Commission and the Commission will issue an order imposing the penalty. If the board recommends a penalty, the fee assessed will be collected by the board or may be payable to the complainant. All fees received by the board shall be deposited into the newly created "Underground Damage Prevention Review Board Fund" and will be used to develop and disseminate educational programming to improve worker and public safety.

The board must maintain record of reports of alleged violations for at least four years. The Attorney General's Office must assign legal representation for the board, if requested.

Last Action 03/04/2021 H - Referred to House Committee on Utilities

HB1326 - Requires the Department of Natural Resources to implement regulations that comply with the United Nations Framework Convention on Climate Change Paris Agreement

Sponsor Rep. Ashley Aune (D)

Summary This bill requires the Missouri Air Conservation Commission to establish rules and regulations to comply with the provisions of the United Nations Framework Convention on the Climate Change Paris Agreement.

This bill is similar to HB 2077 (2020)

Last Action 03/01/2021 H - Read Second Time

HB1338 - Establishes procedures relating to land use permits for historic landfills

Sponsor Rep. Doug Clemens (D)

Summary This bill requires St. Louis County to compile and keep a list of historic landfills in the county and make the list available to the public. Before July 1, 2022, the county must establish a procedure to determine whether any reclamation or remediation of an historic landfill has been accomplished safely before issuing a land use permit for the property. The procedure must be developed in consultation with the residents and stakeholders as required in the bill and be protective of the health of residents and people working near the landfill. All information and testimony provided in the development of the procedure is part of the official record. Before issuing a land use permit for an historic landfill property, the county must hold public hearings to allow for public comment that allows ample time for evidence of residents' concerns. All information and testimony provided during the public comment period is part of the official record and the county must use the information to determine if additional testing is necessary. If additional testing is necessary, the county must perform the testing and remediation prior to issuing the land use permit.

This bill is similar to HB 2225 (2020).

Last Action 03/01/2021 H - Read Second Time

HB1436 - Modifies provisions relating to petroleum storage tanks

Sponsor Rep. Jeff Knight (R)

Last Action 03/02/2021 H - Read Second Time

HJR18 - Proposes an amendment to the Constitution of Missouri relating to motor vehicle fuel tax

Sponsor Rep. Peter Merideth (D)

Summary Upon voter approval, this proposed Constitutional amendment would allow local motor fuel taxes to be used for public transit and school transportation in addition to other activities currently allowed under the Constitution.

This proposed Constitutional amendment would also change the threshold of voters required to approve a local motor fuel tax from a two-thirds majority to a simple majority.

This bill is the same as HJR 98 (2020).

Last Action 01/07/2021 H - Read Second Time

HJR45 - Proposes an amendment to the Constitution of Missouri relating to motor vehicle fuel tax

Sponsor Rep. Don Rone (R)

Summary This bill changes the percentage by which a vote on a local motor fuel tax increase must pass from two-thirds to a simple majority, and clarifies that a county is authorized to impose the tax.

This bill is similar to HJR 98 (2020).

Last Action 01/29/2021 H - Read Second Time

SB11 - Establishes the Missouri Statewide Mechanical Contractor Licensing Act

Sponsor Sen. Dave Schatz (R)

Summary

SB 11 - This act shall be known as the Missouri Statewide Mechanical Contractor Licensing Act.

Under this act, the statewide mechanical license for mechanical contractors shall be regulated by the Division of Professional Registration, within the Department of Commerce and Insurance. This act creates the Office of Mechanical Contractors within the Division, to carry out the provisions of this act.

Applicants for a statewide mechanical license must meet certain criteria set forth in the act. A corporation, firm, institution, organization, company, or representative seeking to engage in mechanical contracting, is required to employ at least one license holder. A statewide licensed mechanical contractor may represent only one entity at a time.

A mechanical contractor shall have one license holder responsible for offering field employees eight contact hours of industry training each year, and mechanical contractors shall be responsible for providing proof of such training to the Division upon request.

In the event of a loss of a license holder, a mechanical contractor shall remain in good standing with the Division for six months after notifying the Division of such change. Within the six month period, a new license holder shall be registered with the Division. If no license holder is registered within such six month period, the Division shall declare the mechanical contractor inactive.

(Section 324.959)

Political subdivisions may establish their own local mechanical contractor's license, but shall recognize a statewide license in lieu of a local license for the purposes of performing contracting work or obtaining permits to perform work within such political subdivision. No political subdivision may require the employees of a statewide licensed mechanical contractor or its subcontractors or manufacturers' representatives to obtain journeymen licenses, apprenticeship licenses, or occupational licenses that require passing any examination or any special requirements to assess proficiency.

If a political subdivision does not recognize a statewide license in lieu of a local license, a statewide mechanical contractor licensee may file a complaint with the Division, which may investigate such complaint. If the Division finds that the political subdivision failed to recognize a statewide license, the Division shall notify the political subdivision of such violation and grant them 30 days to comply. If after 30 days the political subdivision does not comply, the Division shall notify the director of the Department of Revenue, who shall withhold any moneys the political subdivision would otherwise be entitled to from local sales tax until the political subdivision is in compliance.

(Section 324.962) This act establishes the Missouri Mechanical Contractor Licensing Fund in the state treasury, which shall be expended for the administration of this act.

(Section 324.965) Mechanical contractor licenses shall expire on a renewal date established by the Division. The Division shall, prior to the renewal date, mail a renewal notice to the last known address of each person licensed under this act. Failure to provide the Division with the information required for renewal or to pay the required fee shall result in the license being declared inactive. The license shall remain inactive until the licensee applies for reinstatement and pays the required fees, so long as the application for reinstatement is received within two years of the renewal date.

(Section 324.968) Any person operating as a mechanical contractor in a political subdivision shall not be required to possess a statewide license to operate as a mechanical contractor in such political subdivision.

(Section 324.971) The Division may refuse to issue any certificate of registration or license, and may cause a complaint to be filed with the Administrative Hearing Commission against any holder of a certificate of registration or license for causes set forth in the act. Upon a finding by the Administrative Hearing Commission that grounds for disciplinary action are met, the Division may censure or place such a person on probation for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke any license. Upon a judicial or administrative finding of a violation of this act, the Division may assess fines up to $5,000.

(Section 324.980) Any person who knowingly violates the provisions of this act is guilty of a Class B misdemeanor.

(Section 324.983) The provisions of this act shall not apply to service work or installation of chimney sweeps, outdoor cooking appliances, outdoor fire pits, and outdoor gas lanterns.

(Section 324.950) This act is substantially similar to SCS/SB 559 (2020), HCS/HB 1891 (2020), HCS/SS/SCS/SBs 673 & 560 (2020), SB 376 (2019), HCS/HB 326 (2019), and provisions contained in SCS/HB 705 (2019), and is similar to HB 2673 (2018).

Last Action 03/03/2021 S - Placed on Informal Calendar

SB40 - Modifies provisions relating to the Department of Natural Resources

Sponsor Sen. Eric Burlison (R)

Summary SCS/SB 40 - This act modifies provisions relating to the Department of Natural Resources.

Under the act, the Hazardous Waste Management Commission shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by, certain federal regulations promulgated pursuant to the Resource Conservation and Recovery Act.

The act repeals the Commission's authority to retain, modify, or repeal rules relating to:

1. Thresholds for determining whether a hazardous waste generator is a large quantity generator, small quantity generator, or conditionally exempt small quantity generator;

2. Rules requiring hazardous waste generators to display hazard labels on containers and tanks during the time hazardous waste is stored on-site;

3. The exclusion for hazardous secondary materials used to make zinc fertilizers; and

4. The exclusions for hazardous secondary materials that are burned for fuel or that are recycled.

The Commission shall promulgate rules for the reporting of hazardous waste activities to the Department of Natural Resources, effective beginning with the reporting period July 1, 2017-June 30, 2018, that allow for the submittal of reporting data in any format on an annual basis by large quantity generators and treatment storage and disposal facilities.

The act also repeals a requirement that the Department identify certain rules relating to hazardous waste in the Missouri Code of State Regulations that are inconsistent with certain rules promulgated by the Commission.

On December 31, 2017, any rule relating to hazardous waste, resource recovery, or used oil contained in the Missouri Code of State Regulations that remains inconsistent with certain rules promulgated by the Commission shall be null and void to the extent that such rule is inconsistent, and the least stringent rule shall control. Any rule that applies in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to Subtitle C of the Resource Conservation and Recovery Act, as amended, shall be null and void.

The Commission shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended. The Commission shall file with the Missouri Secretary of State any amendments necessary to ensure that rules are not inconsistent with the provisions of the act. Any rule that is inconsistent with provisions of the act or applies in any subject area not addressed by the federal regulations shall be null and void.

The Director of the Department of Natural Resources shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended. The Director shall file with the Missouri Secretary of State any amendments necessary to ensure that rules are not inconsistent with the provisions of the act. Any rule that is inconsistent with provisions of the act or applies in any subject area not addressed by the federal regulations shall be null and void. (Sections 260.373, 260.437, 260.520)

Currently, the authority of the Hazardous Waste Management Commission, the Air Conservation Commission, and the Clean Water Commission to revise certain fee structures set forth in statute expires on August 28, 2024. This act changes the expiration date to August 28, 2021. (Sections 260.380, 260.475, 643.079, 644.057)

In instances where the Department of Natural Resources has authority to issue fines or penalties and determines that a fine or penalty should be levied, the Department is required to provide information as set forth in the act to the alleged violator in order for the alleged violator to understand the basis for the fine or penalty. Any statement provided by the Department in compliance with this provision shall be treated as confidential information and shall not be disclosed to any party except the alleged violator. (Section 640.095)

For violations of the Missouri Clean Water Law, any administrative penalty sought to resolve violations through conference, conciliation, and persuasion shall be communicated to the alleged violator in writing together with any penalty calculation prepared in accordance with any Clean Water Commission administrative penalty rule. Rules and regulations promulgated by the Clean Water Commission for the assessment of administrative penalties shall require the Department of Natural Resources to document how any administrative penalty sought to resolve the violations through conference, conciliation, and persuasion was calculated and provide such calculation and justification in writing to the alleged violator. Any statement provided by the Department in compliance with these provisions shall be treated as confidential information and shall not be disclosed to any party except the alleged violator. (Section 644.079)

This act contains provisions substantially similar to SB 208 (2021), SB 892 (2020), HB 2350 (2020), and HB 2355 (2020), and provisions similar to SB 878 (2020) and HB 2342 (2020).

Last Action 2/25/2021 S - Reported Do Pass as substituted - Senate-Agriculture, Food Production and Outdoor Resources

SB44 - Establishes provisions related to water and sewer infrastructure

Sponsor Sen. Bill White (R)

Summary SB 44 - This act creates provisions relating to water and sewer infrastructure.

COMPETITIVE BIDDING (Section 393.358): Currently, water corporations with more than 1,000 customers are required to use a competitive bidding process for no less than 10% of the corporation's external expenditures for planned infrastructure projects on the water corporation's distribution system. Under this act, such competitive bidding process shall be used for 20% of the corporation's external expenditures for such projects.

WATER AND SEWER INFRASTRUCTURE RATE ADJUSTMENT (Sections 393.1500-393.1509):

The act establishes the Missouri Water and Infrastructure Act, which specifies that a water or sewer corporation that provides water or sewer service to more than 8,000 customer connections may file a petition and proposed rate schedules with the Public Service Commission to create or change a water and sewer infrastructure rate adjustment (WSIRA) that provides for the recovery of pretax revenues associated with eligible infrastructure system projects. The WSIRA and any future changes must meet specific requirements set forth in the act.

The Commission shall not approve a WSIRA for a water or sewer corporation that has not had a general rate proceeding decided or dismissed in the 3 years before the filing of a WSIRA petition unless the water or sewer corporation has filed for or is the subject of a new general rate proceeding.

At the time the water or sewer corporation files a petition for a WSIRA, it shall submit proposed WSIRA rate schedules and supporting documentation, and the corporation shall also serve the Office of Public Counsel with a copy of the petition, rate schedules, and documentation. Upon the filing of a petition, the Commission shall conduct an examination of the proposed WSIRA, as specified in the act. The Commission may hold a hearing on the petition and any associated WSIRA rate schedules. If the Commission finds that a petition complies with the requirements set forth in the act, the Commission shall enter an order authorizing the water or sewer corporation to implement the WSIRA. A corporation may petition the Commission for a change in its WSIRA no more than two times in every 12-month period.

The act lists what information the Commission may consider in determining the appropriate pretax revenues and how the WSIRA is calculated. If this information is unavailable and the Commission is not provided such information on an agreed-upon basis, the Commission shall use the last authorized overall pretax weighted average cost of capital in a general rate proceeding for the water or sewer corporation. At the end of each 12-month calendar year that a WSIRA is in effect, the corporation shall reconcile the differences between the revenues from a WSIRA and the appropriate pretax revenues found by the Commission for that period and submit the reconciliation and proposed WSIRA to the Commission for approval to recover or credit the difference.

A water or sewer corporation that has a WSIRA shall file revised WSIRA schedules when new base rates and charges become effective following a general rate proceeding that includes the WSIRA eligible costs in the base rates. Once the eligible costs are included in the water or sewer corporation's base rates, the corporation shall reconcile any previously unreconciled WSIRA revenues to ensure that revenues resulting from the WSIRA match as closely as possible the appropriate pretax revenues.

A water or sewer corporation's filing of a petition to establish or change a WSIRA is not considered a request for a general increase in the corporation's base rates and charges. Commission approval of a petition to establish or change a WSIRA shall in no way be binding upon the Commission in determining the ratemaking treatment to be applied to eligible infrastructure system projects during a subsequent general rate proceeding when the Commission may undertake to review the prudence of such costs. If, during a subsequent general rate proceeding, the Commission disallows recovery of costs associated with eligible infrastructure system projects previously included in a WSIRA, the water or sewer corporation shall offset its WSIRA in the future as necessary to recognize and account for any such overcollections.

Nothing in the act impairs the authority of the Commission to review the reasonableness of the rates or charges of a water or sewer corporation, including review of the prudence of eligible infrastructure system replacements made by a water or sewer corporation.

This act is similar to SB 592 (2020), HCS/HB 2094 (2020), SB 377 (2019), and HCS/HB 633 (2019).

Last Action 03/04/2021 S - Reported Do Pass - Senate-Commerce, Consumer Protection, Energy, and the Environment

SB77 - Modifies provisions governing covenants not to compete

Sponsor Sen. Doug Beck (D)

Summary SB 77 - This act prohibits covenants not to compete to the extent that they apply to an employment arrangement wherein an employee is or would be paid hourly wages.

This act is identical to HB 1501 (2020).

Last Action 01/14/2021 S - Referred to Senate Committee on Small Business and Industry

SB104 - Requires the Department of Transportation to consider the complete life-cycle costs of work in determining the lowest bid amount submitted for a contract

Sponsor Sen. Bill Eigel (R)

Summary SB 104 - This act requires the Department of Transportation to consider the complete life-cycle costs of work in determining the lowest bid amount submitted for non design-build projects.

The Department is required to develop and implement a life-cycle cost analysis for any non design-build projects for which the estimated total pavement costs exceed $1 million funded in whole or in part by state funds. The Department shall design such projects in both asphalt and concrete pavement designs, and shall award pavement projects utilizing the material with the lowest life-cycle cost. The designs and life-cycle cost analysis shall be conducted in accordance with the Department's currently established practices and policies.

This act is identical to SB 794 (2020) and SB 158 (2019), substantially similar to HB 2192 (2020), and similar to SB 1019 (2018) and HB 2645 (2018).

Last Action 01/21/2021 S - Referred to Senate Committee on Transportation, Infrastructure, and Public Safety

SB208 - Modifies provisions relating to the management of hazardous waste

Sponsor Sen. Eric Burlison (R)

Summary

SB 208 - This act modifies provisions relating to the management of hazardous waste.

Under the act, the Hazardous Waste Management Commission shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by certain federal regulations promulgated pursuant to the Resource Conservation and Recovery Act. The act repeals the Commission's authority to retain, modify, or repeal rules relating to:

1. Thresholds for determining whether a hazardous waste generator is a large quantity generator, small quantity generator, or conditionally exempt small quantity generator;

2. Rules requiring hazardous waste generators to display hazard labels on containers and tanks during the time hazardous waste is stored on-site;

3. The exclusion for hazardous secondary materials used to make zinc fertilizers; and

4. The exclusions for hazardous secondary materials that are burned for fuel or that are recycled.

This act is substantially similar to SB 892 (2020),HB 2350 (2020), and HB 2355 (2020).

Last Action 01/28/2021 S - Referred to Senate Committee on Commerce, Consumer Protection, Energy, and the Environment

SB239 - Requires publication of a cost estimate and project completion date for any work on the state highway system at the time bids on a contract for the work are opened

Sponsor Sen. Tony Luetkemeyer (R)

Summary SB 239 - This act specifies that the Highways and Transportation Commission shall publish on the Department of Transportation's official website its cost estimate and project completion date for any construction, maintenance, or repair work on the state highway system at the time bids on a contract for the work are opened.

This act is identical to SB 810 (2020).

Last Action 03/09/2021 S - Hearing Conducted

SB252 - Requires a portion of sales and use tax revenue to be deposited into the State Road Fund Sponsor Sen. Bob Onder (R)

Summary SB 252 - Current law provides that, of the 4% statutory sales and use tax rate, 1% is provided for education and 3% is deposited in the General Revenue Fund. This act requires that 0.5% of the 3% deposited in the General Revenue Fund shall instead be deposited into the State Road Fund. The remaining 2.5% shall continue to be deposited into the General Revenue Fund. The act phases in the amount deposited into the State Road Fund over a period of five years, with an increase of 0.1% each year.

This act is identical to SB 641 (2020), SB 190 (2019), SB 645 (2016), HB 1952 (2016), HB 2278 (2016), and SB 544 (2014).

Last Action 01/28/2021 S - Referred to Senate Committee on Transportation, Infrastructure, and Public Safety

SB308 - Modifies criminal background check procedures for certain professional licensing authorities

Sponsor Sen. Andrew Koenig (R)

Summary SCS/SB 308 - Under current law, an individual with a criminal record may petition a licensing authority for a determination of whether the criminal record will disqualify the individual from obtaining a professional license. This act requires licensing authorities to notify the petitioner in writing of the grounds and reasons if the authority determines that the petitioner is disqualified. This act also removes an exemption for certain licensing authorities listed in current law from the petition requirements. (Sections 324.012.2(3) and 324.012.7)

This act also removes a provision in current law requiring licensing authorities to only list criminal convictions directly related to the licensed occupation for purposes of the Fresh Start Act of 2020. (Former section 324.012.6(1))

Last Action 03/01/2021 S - Voted Do Pass as substituted - Senate-Professional Registration

SB310 - Modifies provisions relating to the Petroleum Storage Tank Insurance Fund

Sponsor Sen. Sandy Crawford (R)

Summary SB 310 - Under current law, the Petroleum Storage Tank Insurance Fund assumes costs of 3rd-party claims and cleanup of contamination caused by releases from petroleum storage tanks. This act repeals such provision and allows the Fund to specify a legal defense cost coverage limit for any eligible 3rd-party claims.

Last Action 03/09/2021 S - Voted Do Pass - Senate-Insurance and Banking

SB324 - Modifies provisions relating to the competitive bid process of counties

Sponsor Sen. Dan Hegeman (R)

Summary SB 324 - Under current law, all contracts and purchases made by a county shall be given to the lowest and best bidder after opportunity for competition, except that advertising is not required in the case of contracts or purchases involving an expenditure of less than $6,000. It is not necessary to obtain bids on any purchases in the amount of $6,000 or less made from any one person or corporation during any period of ninety days.

Additionally, the county commission may waive the requirement of competitive bidding, except on any single feasible source purchase where the estimated expenditure is over $6,000, the commission shall post notice of the proposed purchase and advertise the commission's intent in at least one daily and one weekly newspaper in regular circulation.

This act changes the threshold from $6,000 to $12,000 for these expenditures. It shall not be necessary to advertise or obtain bids for expenditures less than $12,000.

Last Action 02/04/2021 S - Referred to Senate Committee on Local Government and Elections

SB344 - Enacts provisions relating to the taxation of biodiesel motor fuel

Sponsor Sen. Justin Brown (R)

Summary SB 344 - This act specifies that biodiesel blended with motor fuel shall be taxed at a rate of 3 or 6 cents per gallon less than regular motor fuel, depending on the mixture's percent biodiesel content, if the tax on motor fuel becomes greater than 17 cents per gallon.

Last Action 02/04/2021 S - Referred to Senate Committee on Transportation, Infrastructure, and Public Safety

SB426 - Prohibits the enforcement of any federal regulation by a state department or agency until the enforcement is approved by the General Assembly

Sponsor Sen. Mike Moon (R)

Summary SB 426 - This act prohibits all state departments and agencies from enforcing any rule or regulation promulgated by any federal agency until the rule or regulation has first been approved by the Missouri General Assembly.This act is substantially similar to HB 2339 (2020).

Last Action 02/25/2021 S - Referred to Senate-Governmental Accountability and Fiscal Oversight

SB453 - Establishes the Stop Socialism Act which creates a cause of action against a public body that offers a competitive service to the economic detriment of a person offering the same competitive service

Sponsor Sen. Eric Burlison (R)

Summary SB 453 - This act establishes the Stop Socialism Act. The act creates a cause of action by any person against a state or local public body if the public body provides, or offers to provide, a competitive service that is also provided by the person within the jurisdiction of the public body. The public body shall not be liable for such a cause of action if the person offered the competitive service after the public body. Additionally, the public body shall not be liable if there is an overriding or compelling public interest in the competitive service, which includes services of the criminal justice system and educational institutions.

After obtaining a judgment rendered against the public body, the person shall be entitled to a refund of taxes paid to the public body and the sale of any competitive service made by the person shall be exempted from sales tax.

This act is similar to SCS/SB 122 (2019).

Last Action 03/02/2021 S - Hearing Conducted

SB470 - Creates provisions relating to permits issued by political subdivisions for certain structures

Sponsor Sen. Denny Hoskins (R)

Summary SB 470 - This act provides that no city, county, town, village, or political subdivision may adopt or enforce an ordinance, order, or regulation that requires a permit for the installation or use of a battery-charged fence in addition to an alarm system permit issued by such city, county, town, village, or political subdivision. Additionally, such political subdivisions shall not adopt an ordinance or order that imposes installation requirements for such fences or alarm systems or prohibit the use of a battery-charged fence.

As used in this act, a battery-charged fence is a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal to summon law enforcement in response to a burglary. Such fence must be located on a property not designated for residential use, produce not more than 12 volts of direct current, as well as meet other specifications as provided in the act.

Last Action 02/25/2021 S - Referred to Senate Committee on Local Government and Elections

SB530 - Modifies provisions relating to public contracts

Sponsor Sen. Sandy Crawford (R)

Summary SB 530 - This act modifies various provisions relating to public contracts.

The act transfers certain provisions relating to public works contracts from chapter 34 to chapter 8.

The act also modifies provisions relating to purchases of information technology. Under current law, state departments are given authority to purchase products and services related to information technology not in excess of $150,000. This act modifies that by removing authority from the state departments and instead giving that purchasing authority to the Commissioner of Administration.

The act furthermore modifies the conditions under which the Commissioner of Administration may delegate its procurement authority in relation to the use of the single feasible source rule. Currently, the Commissioner may delegate its procurement authority to an individual department, provided that each instance of single feasible source purchasing authority in excess of $5,000 must be specifically delegated by the Commissioner. This act raises that threshold to $10,000.

Last Action 03/04/2021 S - Referred to Senate-Governmental Accountability and Fiscal Oversight

SB535 - Relating to standards for the procurement of concrete by the state

Sponsor Sen. Elaine Gannon (R)

Summary SB 535 - This act requires each state department, in the course of the procurement of concrete, to give consideration and preference to the procurement of a concrete mix design that:

Consists of type 1L cement or an ASTM C595 blended cement with slag cement, fly ash, or natural pozzolan;

Meets specifications set by the American Association of State Highway and Transportation Officials; and

Meets or exceeds any other engineering performance standards set by the Office of Administration (OA).

The act requires OA to adopt regulations to implement this act, including regulations that establish guidelines to assist departments in determining which contracts are subject to the requirements of this act. Such guidelines shall be published on the OA website. OA is additionally required to adopt regulations to provide for the monitoring of the implementation of this act.

Last Action 03/04/2021 S - Referred to Senate Committee on Transportation, Infrastructure, and Public Safety

SB546 - Relating to underground petroleum storage tanks

Sponsor Sen. Sandy Crawford (R)

Summary SB 546 - This act modifies provisions relating to underground petroleum storage tanks.

Under current law, certain fees collected relating to underground storage tanks are placed in the Underground Storage Tank Regulation Program Fund. Under this act, any general revenue, federal funds, gifts, bequests, transfers, moneys appropriated by the General Assembly, or any other moneys so designated, shall also be paid into the Fund.

The underground storage tank regulation program shall be administered by the Department of Natural Resources.

Currently, the Petroleum Storage Tank Insurance Fund expires on December 31, 2025. This act extends the expiration date to December 31, 2030. Under current law, the Petroleum Storage Tank Insurance Fund assumes costs of 3rd-party claims and cleanup of contamination caused by releases from petroleum storage tanks and pays legal defense costs for eligible 3rd-party claims. This act specifies that the legal defense costs are separate from other coverage limits and allows the Fund to set a limit for such coverage.

Subject to appropriations and beginning in fiscal year 2023 and continuing each year until the expiration of the Petroleum Storage Tank Insurance Fund, an allocation of an amount not to exceed $5 per transport load shall be deposited into the Underground Storage Tank Program Fund. Funds deposited into the Underground Storage Tank Program Fund shall be deposited up to the appropriated budgetary amount set by the General Assembly, for the Department of Natural Resource's petroleum related activities, for the fiscal year in which funds are being deposited. Any remaining funds shall be transferred to the Petroleum Storage Tank Insurance Fund no later than August 31st of the subsequent fiscal year. No later than October 1st of each year, the Department shall provide a written accounting of all moneys spent from the allocation authorized for the prior fiscal year to the Petroleum Storage Tank Insurance Fund Board of Trustees.

In the event the Petroleum Storage Tank Insurance Fund Board of Trustees has suspended the collection of the fee on petroleum products, the Board shall make payments in equal monthly installments into the Underground Storage Tank Regulation Program Fund, up to the appropriated budgetary amount set by the General Assembly, for the Department's petroleum related activities, for the fiscal year in which the funds are being deposited until such time as the Board has reinstated the fee.

This act contains a provision identical to SB 310 (2021) and HB 974 (2021).

Last Action 03/04/2021 S - Referred to Senate Committee on Commerce, Consumer Protection, Energy, and the Environment

SB573 - Creates the Underground Damage Prevention Review Board

Sponsor Sen. Dave Schatz (R)

Summary SB 573 - This act establishes the Underground Damage Prevention Review Board to review reports of alleged violations of provisions of law relating to underground facilities.

The Board shall consist of 9 members appointed by the Governor, as set forth in the act. No member may serve on a case in which the member has a conflict of interest.

The Board shall contact persons against whom reports of alleged violations have been filed within 10 days of the filing of the report. The Board shall maintain information relating to alleged violations as specified in the act.

If the Board determines that a person has violated a provision relating to underground facilities as set forth in statute, the Board shall determine the appropriate action or penalty to impose for each violation. Actions and penalties may include, but are not limited to, training, education, and a civil penalty not to exceed $2,500.

The Board shall notify each person determined to have committed a violation and give the Board's determination and recommended action or penalty. Such person may request a hearing before the Board, after which the Board may reverse or uphold its original finding.

If the Board recommends a penalty, the Board shall notify the Public Service Commission of the recommended penalty and the Commission shall issue an order imposing the penalty.

If the Board recommends a penalty, the fee assessed upon an underground facility owner shall be collected as set forth in the act. All fees collected by the Board shall be credited to the Underground Damage Prevention Review Board Fund created in the act.

The Attorney General's office shall assign a legal representative to provide legal counsel to the Board, if requested.

This act is similar to HB 1164 (2021).

Last Action 03/04/2021 S - Referred to Senate Committee on Commerce, Consumer Protection, Energy, and the Environment

SB578 - Modifies provisions relating to economic development Sponsor Sen. Jeanie Riddle (R)

Summary SB 578 - This act modifies provisions relating to economic development.

LINKED DEPOSITS This act modifies the definition of "eligible small business" for the purposes of the linked deposit program to include a person who receives a loan from the Small Business Administration, provided that such linked deposit shall not exceed ten percent of the amount of the Small Business Administration loan or $250,000, whichever is less. (Section 30.750)

STATE CONTRACTS

This act requires five percent of all state contracts to be awarded to businesses that have been in operation for less than five years. (Section 34.195)

CORPORATE INCOME TAX

This act establishes the "Right to Start Act".

For all tax years beginning on or after January 1, 2022, eligible new businesses, as defined in the act, shall have a portion of such business's corporate income tax be subject to a reduced rate of taxation. Such reduced rate shall equal 0% on the first $250,000 of income in the first year of the eligible new business, and shall increase annually until the fourth year, in which the reduced rate shall equal 3% on the first $1 million of income. Beginning in the fifth year of the eligible new business, all income shall be taxed at 4%. (Section 143.073)

For all tax years beginning on or after January 1, 2022, this act also provides that any taxpayer who is a corporation or other business entity with a taxable income of less than $5,000 may have such taxpayer's filing deadline extended by the Department of Revenue for one year, at which time such taxes shall be filed. No interest or penalties shall be imposed on such taxes, provided that the taxes are paid by the extended deadline. (Section 143.513)

COVENANT NOT TO COMPETE

This act voids any covenant not to compete, as defined in the act. (Section 431.203)

DEPARTMENT OF ECONOMIC DEVELOPMENT

This act creates the "Office of Entrepreneurship" within the Department of Economic Development. Such office shall be funded subject to appropriation from the federal State Small Business Credit Incentive funds. (Section 620.3800)

This act is identical to HB 1202 (2021).

Last Action

03/04/2021 S - Referred to Senate Committee on Economic Development

SJR21 - Proposes a constitutional amendment enacting minimum taxation of motor fuel

Sponsor Sen. Dave Schatz (R)

Last Action 02/08/2021 S - Referred to Senate Committee on Transportation, Infrastructure, and Public Safety