HCS HB 2763 -- PESTICIDES (Diehl)

COMMITTEE OF ORIGIN: Standing Committee on Agriculture Policy

This bill specifies that a pesticide registered by certain Federal agencies or consistent with certain Federal carcinogenicity classification of pesticide satisfies any warning label requirement regarding health or safety or any other provision of current law.

JURISDICTION OF JUVENILE COURTS (Section 211.031)

Under current law, the juvenile court shall have exclusive original jurisdiction in proceedings involving a juvenile who violated a state law and jurisdiction in those cases may be taken by the court of the circuit in which the child resides or in which the violation is alleged to have occurred.

This act provides that any proceeding involving a child who is alleged to have violated state law shall be brought in the court of the circuit in which the violation occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit court in which the child resides.

These provisions are identical to provisions in SCS/SB 1115 (2024), SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SBs 406 & 423 (2023).

CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS (Section 211.071, 211.600, & 217.345)

Under current law, a child between the ages of 12 and 18 may be certified for trial as an adult for a certain felony offenses. This act changes the ages to between 14 and 18 years old.

Additionally, under current law, a court shall order a hearing to determine whether a child should be certified for trial as an adult for certain offenses. This act adds that a child between 12 and 18 years old shall have a certification hearing for certain offenses. This act also adds dangerous felonies and any felony involving a deadly weapon to such offenses.

This act provides that the Office of State Courts Administrator shall collect certain information as provided in the act relating to petitions to certify juveniles as adults.

Finally, this act modifies provisions relating to correctional treatment programs for offenders 18 years of age or younger. Such programs shall include physical separation from offenders younger than 18 years of age and shall include education programs that award high school diplomas or its equivalent.

These provisions are identical to provisions in SCS/HCS/HB 1659 (2024) and SCS/HCS/HB 2700 (2024), and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), the perfected SS#3/SB 22 (2023) and substantially similar to provisions in SCS/SBs 406 & 423 (2023) and similar to SB 887 (2024) and HCS/HB 12 (2020).

ELIGIBILITY FOR PAROLE FOR JUVENILES (Section 217.690)

Under current law, when a person under the age of 18 is sentenced to a term or terms of imprisonment amounting to 15 years or more, that person is eligible for parole after serving 15 years, unless such person was found guilty of murder in the first degree.

This act adds that such a person will also be ineligible for parole if he or she was found guilty of murder in the second degree when such person knowingly causes the death of another person.

These provisions are identical to SB 746 (2024) and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/HCS/HB 1659 (2024), and the perfected SS#3/SB 22 (2023) and substantially similar to provisions in SB 644 (2022), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), and SS/SCS/SB 850 (2022).

ARRESTS FOR TRAFFIC VIOLATIONS (Sections 307.018 and 556.021)

This act provides that no court shall issue a warrant of arrest for a person's failure to respond, pay the fine assessed, or appear in court with respect to a traffic violation issued for an infraction. In lieu of the warrant, the court shall issue a notice of failure to respond, pay the fine assessed, or appear, and the court shall schedule a second court date for the person to respond, pay the fine assessed, or appear. If the driver fails to respond to the second notice or the pay the fine, the court may issue a default judgment for the infraction. The driver may appear in court after a default judgment to show proof the fine was paid.

This provision is identical to a provision in SCS/SB 1115 (2024), SCS/HCS/HB 1659 (2024), and the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in HCS/SS/SCS/SB 72 (2023), HCS/SS#3/SB 22 (2023), HB 305 (2023), and HS/HCS/HBs 1108 & 1181 (2023).

MOTION TO VACATE OR SET ASIDE THE JUDGMENT (Section 547.031)

Under current law, a prosecuting attorney may file a motion to vacate or set aside the judgment in the jurisdiction in which the person was convicted. This act changes this provision to the jurisdiction in which charges were filed.

This provision is identical to a provision in SCS/SB 1115 (2024), SCS/HCS/HB 1659 (2024), SCS/HCS/HB 2700 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SS/SCS/HCS/HB 301 (2023).

CONVICTION REVIEW UNIT (Section 547.500)

Under this act, the Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty.

The Missouri Office of Prosecution Services shall create an application process for defendants as provided in the act. The conviction review unit shall consist of two attorneys hired by the executive director of the Missouri Office of Prosecution Services, an investigator, paralegal, and other administrative staff. The Director shall be an ex officio member of the unit.

Once the review is complete, the conviction review unit shall present its findings either to the prosecuting attorney who prosecuted the case or, if the review was requested by the Attorney General, special prosecutor, or other prosecuting attorney's office, to the office who requested the review. Such prosecuting attorney's office is not required to accept or follow the findings and recommendations of the conviction review unit.

Any document produced by the conviction review unit shall be a closed record until after the finality of all proceedings.

Finally, any prosecuting or circuit attorney may also file a motion to vacate or set aside the judgment while a conviction review unit is completing a review pursuant to this act.

This provision is identical to a provision in SCS/HCS/HB 1659 (2024) and substantially similar to SB 765 (2024), to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), and HCS/SS#3/SB 22 (2023).

PERSISTENT OFFENDERS (Section 558.016)

Under current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent offender. This act adds that a "persistent offender" shall also include a person who has been found guilty of a dangerous felony as defined in law.

This provisions is identical to a provision in SCS/SB 1115 (2024), SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/SB 502 (2023), and SS/SCS/HCS/HB 301 (2023).

MINIMUM PRISON TERMS FOR ARMED CRIMINAL ACTION (Sections 558.019 & 571.015)

Under current law, certain offenses are excluded from minimum prison terms for offenders who also have prior felony convictions. This act repeals the exclusion of the offense of armed criminal action.

This act also modifies the minimum prison terms for the offense of armed criminal action. For a person convicted of a first offense of armed criminal action, the term of imprisonment shall be no less than 3 years. For a person convicted of a second offense of armed criminal action, the term of imprisonment shall be no less than 5 years. Additionally, this act provides that a person convicted of armed criminal action shall not be eligible for probation, conditional release, or suspended imposition or execution of sentence; however, the person shall be eligible for parole.

This provision is identical to a provision in SCS/HCS/HB 1659 (2024), SCS/HCS/HB 2700 (2024), SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SB 502 (2023).

CYBER CRIMES TASK FORCE (Section 565.258)

This act creates the "Stop Cyberstalking and Harassment Task Force" with membership as provided in the act. The Task Force shall elect a chairperson and shall hold an initial meeting before October 1, 2024.

The Task Force shall collect feedback from stakeholders, which may include victims, law enforcement, victim advocates, and digital evidence and forensics experts. The Task Force shall make recommendations on what resources and tools are needed to stop cyberstalking and harassment, as provided in the act.

The Task Force shall submit a report to the Governor and General Assembly on or before December 31 of each year and the Task Force shall expire on December 31, 2026, unless the Department of Public Safety determines the Task Force should be extended until December 31, 2028.

This provision is identical to SB 1070 (2024), SCS/HCS/HB 1659 (2024), and to provisions in SCS/SB 1115 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SB 660 (2023).

OFFENSE OF ENDANGERING THE WELFARE OF A CHILD (Section 568.045)

This act adds to the offense of endangering the welfare of a child in the first degree that any person who knowingly encourages or aids a child less than 17 to engage in any conduct violating law relating to firearms shall be guilty of a class D felony.

This provision is identical to provisions in SCS/SB 1115 (2024), SCS/HCS/HB 1659 (2024), SCS/HCS/HB 2700 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SB 405 (2023), and HB 11 (2020).

BLAIR'S LAW (Section 571.031)

This act establishes "Blair's Law" which specifies that a person commits the offense of unlawful discharge of a firearm if he or she recklessly discharges a firearm within or into the limits of a municipality. Any such person shall be guilty of a class A misdemeanor for the first offense, a class E felony for the second offense, and a class D felony for any third or subsequent offenses. These provisions will not apply if the firearm is discharged under circumstances as provided in the act.

This provision is identical to provisions in SCS/HCS/HB 1659 (2024), SCS/HCS/HB 2700 (2024) and substantially similar to SB 788 (2024), SB 343 (2023), and to provisions in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), HB 1637 (2022), HB 1462 (2022), HB 1865 (2022), and HB 1893 (2020).

OFFENSE OF UNLAWFUL POSSESSION OF FIREARMS (Section 571.070)

Under current law, unlawful possession of a firearm is a class D felony, unless a person has been convicted of a dangerous felony then it is a class C felony.

This act changes the penalty for the offense to a class C felony, unless a person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm, then it is a class B felony.

This provision is identical to a provision in SCS/SB 1115 (2024), SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and SCS/SB 502 (2023) and substantially similar to SB 850 (2022).

MAX'S LAW (Sections 575.010, 575.353, 578.007, & 578.022)

This act creates "Max's Law."

Under current law, the offense of assault on a law enforcement animal is a class C misdemeanor.

This act provides that the offense of assault on a law enforcement animal is a class A misdemeanor, if the law enforcement animal is not injured to the point of requiring veterinary care or treatment; a class E felony if the law enforcement animal is seriously injured to the point of requiring veterinary care or treatment; and a class D felony if the assault results in the death of such animal.

Additionally, exemptions to the offenses of agroterrorism, animal neglect, and animal abuse shall not apply to the killing or injuring of a law enforcement animal while working.

Finally, this act adds that any dog that is owned by or in the service of a law enforcement agency and that bites or injures another animal or human is exempt from the penalties of the offense of animal abuse.

This act is identical to provisions in SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), SS/SCS/SB 850 (2022), and SB 765 (2022).

VALENTINE'S LAW (Section 575.151)

This act establishes "Valentine's Law" which creates the offense of aggravated fleeing a stop or detention of a motor vehicle if the person knows that a law enforcement officer is attempting to detain the vehicle and the person flees at a high speed which creates a substantial risk of serious physical injury or death or actually causes physical injury or death to another person. This shall be a class D felony if the person creates a substantial risk of injury, a class B felony is the person causes physical injury, and a class A felony if the person causes death of another.

Additionally, a person is presumed to be fleeing a vehicle stop if he or she has seen or heard or reasonably should have seen or heard emergency lights or sounds. It shall not be a defense that the law enforcement officer was acting unlawfully in making the arrest.

This act is identical to SCS/SB 901 & 820 (2024) and to provisions in SCS/HCS/HB 1659 (2024) and similar to provisions in HB 301 (2023) and SB 345 (2021).

OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (Sections 579.021 & 579.022)

This act creates the offenses of delivery of a controlled substance causing serious physical injury which shall be a class C felony. This act also creates the offense of delivery of a controlled substance causing death which shall be a class A felony.

These provisions are identical to provisions in SCS/SB 1115 (2024), SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), and HS/HCS/HBs 1108 & 1181 (2023).

DRUG TRAFFICKING (Sections 579.065 & 579.068)

Additionally, under current law, a person commits the offense of drug trafficking in the first or second degree if he or she is distributing or purchasing more than 8 grams or more than 24 grams of a mixture containing a cocaine base.

This act repeals those provisions.

These provisions are identical to provisions in SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), HCS/HB 1133 (2023), and SB 705 (2023).

CRITICAL INCIDENT STRESS MANAGEMENT PROGRAM (Section 590.192)

This act adds 911 dispatchers, paramedics, emergency medical technicians, or volunteer or full-time paid firefighters as eligible first responder personnel to receive services from the Critical Incident Stress Management Program of the Department of Public Safety.

This provision is substantially similar to SB 760 (2024), SB 121 (2023) and a provision in SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and HCS/SS/SCS/SBs 119 & 120 (2023).

CIVILIAN REVIEW BOARDS (Section 590.653)

This act provides that civilian review boards established by political subdivisions shall solely be limited to reviewing, investigating, making findings and recommending disciplinary action against law enforcement officers.

This provision is identical to SB 800 (2024) and a provision in SCS/HCS/HB 1659 (2024), SCS/SB 1115 (2024), and the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and similar to a provision in SCS/HCS/HBs 640 & 729 (2023).

PUBLIC DEFENDER FUND (Section 600.042)

Under current law, any funds available from government grants, private gifts, donations, bequests, or other sources made to the Office of the Public Defender are deposited in the general revenue fund of the state.

This act creates the "Public Defender - Federal and Other Fund" in the state treasury and provides that funding from any government grants, private gifts, donations, bequests, or other sources shall be deposited into such fund.

These provisions are identical to SB 841 (2024) and to provisions in SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2024), SS/SB 245 (2023), SS/SB 265 (2023), SB 1039 (2022), provisions in SCS/HB 2088, et al (2022), and HB 2370 (2022).

EXPUNGEMENT OF CRIMINAL RECORDS (Section 610.140)

This act modifies provisions relating to the number of crimes a person may apply to have expunged from his or her record.

Under current law, certain offenses, violations, and infractions are not eligible for expungement. This act adds that the offenses, or successor offenses, of sexual conduct with a nursing facility resident in the second degree, use of a child in sexual performance, promoting a sexual performance of a child, or cross burning shall not be eligible for expungement.

This act repeals the provision that a court can make a determination at the hearing based solely on a victim's testimony and adds that a court may find that the continuing impact of the offense upon the victim rebuts the presumption that expungement is warranted.

This act also changes the time a person can petition to expunge an arrest record for an eligible crime from three years after the date of the arrest to 18 months from the date of the arrest.

This act provides that a person shall be fully restored to the status he or she occupied prior to the arrests, pleas, trials, or convictions expunged. Additionally, this act modifies provisions allowing a person to answer "no" to an employer's inquiry about any arrests, charges, or convictions of a crime.

Finally, these provisions shall become effective on January 1, 2025.

These provisions are similar to SB 861 (2024), to provisions in SCS/HCS/HB 1659 (2024), the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023), SB 687 (2022), SCS/SB 61 (2021), SB 519 (2020), and SB 952 (2020).

MARY GRACE PRINGLE

Beginning August 28, 2024, all proposed transfers of any interest in agricultural land held by an alien or foreign business in the state shall be submitted to the Department of Agriculture to determine whether such transfers are conveyed in accordance with the prohibition on foreign ownership of agricultural land under the act.

This act is identical to a provision in SB 924 (2024), HB 1571 (2024), HB 2138 (2024), HB 2928 (2024), SB 144 (2023), provisions in SCS/SBs 332 & 334, 541 & 144 (2023), SB 791 (2022), HB 1947 (2022), SB 243 (2021), HB 1136 (2021), HB 1492 (2020), substantially similar to a provision in CCS/SS/SCS/HCS/HB 903, 465, 430 & 499 (2023), similar to a provision in SCS/SB 734 (2024), SB 9 (2023).

JULIA SHEVELEVA

This act allows investors to make capital investments in a rural fund, as defined in the act. Such investors shall be allowed a tax credit for a period of six years beginning with the year the investor made a capital investment. The tax credit shall be equal to a percentage of the capital investment. The percentage shall be zero for the first two years, and fifteen percent for the subsequent four years. Tax credits issued under the act shall not be refundable, but may be carried forward to any of the five subsequent tax years, as described in the act. No more than $16 million dollars in tax credits shall be authorized in a given calendar year.

A rural fund wishing to accept investments as capital investments shall apply to the Department of Economic Development. The application shall include the amount of capital investment requested, a copy of the applicant's license as a rural business or small business investment company, evidence that the applicant has made at least $100 million in investments in nonpublic companies located in counties throughout the United States with a population less than fifty thousand, evidence that the applicant has made at least $30 million in investments in nonpublic companies located in Missouri, and a business plan that includes a revenue impact statement projecting state and local tax revenue to be generated by the applicant's proposed qualified investments, as described in the act. The rural fund shall also submit a nonrefundable application fee of $5,000.

The Department shall grant or deny an application within sixty days of receipt. The Department shall deny an application if such application is incomplete or insufficient, if the revenue impact assessment does not demonstrate that the business plan will result in a positive economic impact on the state over a ten year period, or if the Department has already approved the maximum amount of capital investment authority.

Rural funds shall use capital investments made by investors to make qualified investments, as defined in the act, in eligible businesses. An eligible business is a business that, at the time of the qualified investment, has fewer than two hundred fifty employees, has its principal business operations in the state, is not an alien, foreign entity, or foreign government, and is engaged in certain industries, as described in the act.

The Department may recapture tax credits if the rural fund does not invest sixty percent of its capital investment authority in qualified investments within two years of the date of the capital investment, and one hundred percent of its capital investment authority within three years, if the rural fund fails to maintain qualified investments equal to ninety percent of its capital investment authority in years three through six, as described in the act, if prior to exiting the program or thirty days after the sixth year, the rural fund makes a distribution or payment that results in the fund having less than one hundred percent of its capital investment authority invested in qualified investments, or if the rural fund violates provisions of the act.

Rural funds shall submit annual reports to the Department, including the name and location of each eligible business receiving a qualified investment, the total number of new jobs, maintained jobs, new payroll, maintained payroll, new revenue, and maintained revenue by each eligible business receiving a qualified investment, a revenue impact assessment projecting state and local tax revenue generated and projected to be generated, and any other information required by the Department, as described in the act.

At any time after the sixth anniversary of the capital investment, a rural fund may apply to the Department to exit the program. The Department shall respond to such application within fifteen days. At the time a rural fund exits the program, it shall be required to make a distribution to the state, not to exceed ten percent of the amount of tax credits received, if the amount of state and local tax benefits generated by the rural fund's qualified investments are less than the amount of tax credits distributed to the rural fund.

These provisions shall sunset on August 28, 2030, unless reauthorized by the General Assembly. (Sections 620.3500 to 620.3530)

This act is identical to provisions in SCS/HB 2170 (2024), HCS/SS/SCS/SB 92 (2023), as amended, and SS#3/HCS/HB 268 (2023), as amended, and is substantially similar to HCS/HB 959 (2023), 675 (2022), HB 1885 (2022), SCS/SB 465 (2021), HB 1361 (2021), SB 724 (2020), SCS/SB 477 (2019), HB 1230 (2019), and HB 1236 (2019), and to provisions in HCS/SS/SCS/SB 92 (2023), SB 644 (2022), SB 1091 (2022), SCS/SB 750 (2022), and SS/SCS/HB 948 (2021).

JOSH NORBERG

This act modifies the definition of "foreign business" to include professional corporations, nonprofit corporations, limited liability companies, or the equivalent of any entity listed in the current law, in which a controlling interest is owned or organized under the laws of a foreign country, as described in the act.

Currently, no more than 1% of the total agricultural acreage in the state can be owned by a foreign entity. This act prohibits a foreign entity from acquiring agricultural land in the state after the effective date of the act.

After the effective date of the act, all proposed transfers of any interest in agricultural land held by a foreign entity in the state shall be submitted at least 30 calendar days prior to when such transfers are finalized to the Department of Agriculture to determine whether such transfers, or if land usage changes, are conveyed in accordance with the prohibition on foreign ownership of agricultural land in the state under this act. Such sale or transfer submitted for review to the Department shall be deemed a closed record until such sale is finalized.

If the Director finds that a foreign entity has acquired agricultural land after the effective date of the act, instead of pursuant to the provisions under the current law, the Director shall report such violation to the Attorney General.

This act creates a definition of "nonfarming", as described in the act, with respect to current provisions regarding foreign-owned agricultural land being used for nonfarming purposes.

This act has an emergency clause.

This act is identical to provisions in SB 865 (2024), a provision in HCS/HB 1957 (2024), CCS/SS/SCS/HCS/HBs 903, 465, 430 & 499 (2023), substantially similar to SCS/SBs 332, 334, SB 541 & SB 144 (2023), similar to provisions in SB 791 (2022), HB 1947 (2022), SB 243 (2021), HB 1136 (2021), HB 1492 (2020).

JULIA SHEVELEVA

This act modifies the definition of "foreign business" to include professional corporations, nonprofit corporations, limited liability companies, or the equivalent of any entity listed in the current law, in which a controlling interest is owned or organized under the laws of a foreign country, as described in the act.

Currently, no more than 1% of the total agricultural acreage in the state can be owned by a foreign entity. This act prohibits a foreign entity from acquiring agricultural land in the state after the effective date of the act.

After the effective date of the act, all proposed transfers of any interest in agricultural land held by a foreign entity in the state shall be submitted at least 30 calendar days prior to when such transfers of such agricultural land are finalized to the Department of Agriculture to determine whether such transfers of agricultural land are conveyed in accordance with the prohibition on foreign ownership of agricultural land in the state under this act. Such sale or transfer submitted for review to the Department shall be deemed a closed record until such sale is finalized.

If the Director finds that a foreign entity has acquired agricultural land after the effective date of the act, instead of pursuant to the provisions under the current law, the Director shall report such violation to the Attorney General.

This act creates a definition of "nonfarming", as described in the act, with respect to current provisions regarding foreign-owned agricultural land being used for nonfarming purposes.

This act has an emergency clause.

This act identical to provision in SB 806 (2024), a provision in HCS/HB 1957 (2024), has provisions substantially similar to CCS/SS/SCS/HCS/HBs 903, 465, 430 & 499 (2023), SCS/SBs 332, 334, SB 541 & SB 144 (2023), similar to provisions in SB 791 (2022), HB 1947 (2022), SB 243 (2021), HB 1136 (2021), HB 1492 (2020).

JULIA SHEVELEVA

Any earthen basis or lagoon containing only animal processing residuals, as defined in the act, originating from an agricultural sources shall not be considered a solid waste processing facility and shall not be subject to permitting waste disposal requirements under current law, provided that such animal processing residuals have sufficient nutrient content to be used as a viable soil amendment, as defined in the act.

The Department of Natural Resources shall establish values for determining sufficient nutrient value for animal processing residuals to determine whether such animal processing residuals stored in an earthen basin or lagoon contain sufficient nutrient value to be used as a viable soil amendment.

Any animal processing residuals meeting the criteria under the act shall be land applied as viable soil amendment consistent with the applicable land application rules established by the Missouri Clean Water Commission. Any animal processing residuals not meeting the criteria under the act shall not be land applied as a viable soil amendment and shall be subject to all applicable permitting and waste disposal requirements under current law.

JULIA SHEVELEVA

PROCUREMENT PROTECTION ACT OF 2024 (Section 34.1200)

The act creates the "Procurement Protection Act of 2024". The act prohibits bidding on or submitting a proposal for a contract to provides goods or services to a state agency or any political subdivision by any of the following covered companies:

· A state-owned enterprise of a foreign adversary;

· A company domiciled within the People's Republic of China;

· A foreign adversary company;

· A federally banned corporation; or

· Any company that offers to provide goods or services to a state agency or a political subdivision of the state that are manufactured or produced by an entity described in any of the foregoing entities.

State agencies and political subdivisions seeking bids or proposals for contracts to provide goods or services must require companies submitting bids or proposals to certify that the company is not a covered company. Any company that falsely certifies that it is not a covered company shall be liable for a civil penalty equal to the greater of $250,000 or twice the amount of the contract, shall have the contract terminated, and shall be ineligible to bid on contracts for goods or services with the state or any political subdivision for 60 months thereafter.

Companies are also required to submit certain disclosures and certifications with any bid indicating whether the company or any of its corporate parents or subsidiaries has had business operations that involved contracts with or provision of supplies or services from or to certain adversarial foreign entities, as described in the act.

RETIREMENT PLANS - DIVESTMENT FROM ADVERSARIAL FOREIGN ENTITIES (Section 105.689)

The act prohibits any retirement system or investment fiduciary from investing funds of a system in any stocks, bonds, or any direct holdings of a covered company, as that term is used in the Procurement Protection Act of 2024.

SECURE TELECOMMUNICATIONS ACT OF 2024 (Section 386.215)

The act creates the Secure Telecommunications Act of 2024. The act prohibits all critical telecommunications infrastructure, as that term is defined in the act, located within or serving the state of Missouri from being constructed using the following:

· Equipment manufactured by a federally banned corporation, as that term is defined in the act;

· Any equipment that has been banned by a federal authority;

· Equipment manufactured in or by a foreign adversary, as that term is defined in the act, a state-owned enterprise of a foreign adversary, or a company domiciled within a foreign adversary, including any equipment whose critical or necessary components are manufactured in or by any of the foregoing.

All critical telecommunications infrastructure in operation within or serving the state of Missouri, including any critical telecommunications infrastructure that is not permanently disabled, shall have all equipment prohibited by this act removed and replaced with equipment that is not prohibited.

Any telecommunications provider that removes, discontinues, or replaces any prohibited telecommunications equipment or service shall not be required to obtain any additional permits from the Public Service Commission, any other state agency, or any political subdivision for the removal, discontinuance, or replacement of such communications equipment or service as long as the Public Service Commission, state agency, or political subdivision is properly notified of the necessary replacements and the replacement communications equipment is similar to the existing communications equipment.

SCOTT SVAGERA

Under the act, beginning August 28, 2024, aliens and foreign businesses shall not be able to acquire commercial real estate, including agricultural land, in Missouri, except aliens and foreign businesses who acquired commercial real estate and agricultural land in the state prior to August 28, 2024. Such aliens and foreign businesses shall not transfer commercial real estate and agricultural land to any other alien or foreign business on or after August 28, 2024.

The act repeals the provision stating that aliens and foreign businesses shall be able to acquire agricultural land in the state if the total foreign-owned agricultural acreage does not exceed 1% of the total agricultural land in the state; and such transfers shall be submitted to the Director of the Department of Agriculture for review.

Beginning August 28, 2024, all proposed transfers of any interest in agricultural land held by an alien or foreign business in the state shall be submitted to the Department of Agriculture to determine whether such transfer of agricultural land is conveyed in accordance with the prohibition on alien and foreign ownership of agricultural land under the act.

The act repeals the provision allowing foreign ownership of agricultural land for nonfarming purposes.

The act is identical to a provision in SB 786 (2024), a provision in SB 924 (2024), SB 1244 (2024), provisions in HB 2318 (2024), substantially similar to HB 2928 (2024), HB 2138 (2024), HB 2236 (2024), and similar to HB 2928 (2024), a provision in SCS/SB 734 (2024), provisions in SB 9 (2023), SCS/SBs 332 & 334, 541 & 144 (2023), SB 791 (2022), HB 1947 (2022), SB 243 (2021), HB 1136 (2021), HB 1492 (2020), a provision in CCS/SS/SCS/HCS/HB 903, 465, 430 & 499 (2023) SB 791 (2022), HB 1947 (2022), SB 243 (2021), HB 1136 (2021), HB 1492 (2020).

JULIA SHEVELEVA

This act is similar to HB 1747 (2024), SB 591 (2023) and a provision in HCS/SB 275 (2023).

JULIA SHEVELEVA

Under the act, a political subdivision shall not adopt or enforce a regulation that prohibits the operation of a pet shop that is licensed in this state. Nothing in the act shall be construed to prohibit the enforcement of any applicable building and zoning laws, or relevant inspections as required by ordinance or law.

This act has provisions identical to SB 530 (2023), the perfected HB 995 (2023), and the perfected HB 630 (2023), and similar to HB 2265 (2024).

JULIA SHEVELEVA

WOOD ENERGY TAX CREDIT

A tax credit for the production of certain wood-energy processed wood products expires on June 30, 2028. This act extends the tax credit until June 30, 2030. (Section 135.305)

MEAT PROCESSING FACILITIES TAX CREDIT

The Meat Processing Facility Investment Tax Credit for the expansion or modernization of meat processing facilities expires on December 31, 2028. This act extends such tax credit until December 31, 2030. (Section 135.686)

HIGHER ETHANOL FUEL TAX CREDIT

A tax credit for the sale of higher ethanol blend fuels expires on December 31, 2028. This act extends such tax credit until December 31, 2030. (Section 135.772)

BIODIESEL RETAIL SALE TAX CREDIT

A tax credit for the sale of biodiesel fuels expires on December 31, 2028. This act extends such tax credit until December 31, 2030. (Section 135.775)

BIODIESEL PRODUCTION TAX CREDIT

A tax credit for the production of biodiesel fuels expires on December 31, 2028. This act extends such tax credit until December 31, 2030. (Section 135.778)

URBAN FARMS TAX CREDIT

A tax credit for the establishment or improvement of urban farms expires on December 31, 2028. This act extends such tax credit until December 31, 2030. (Section 135.1610)

ROLLING STOCK TAX CREDIT

A tax credit for eligible expenses incurred in the manufacture, maintenance, or improvement of a freight line company's qualified rolling stock expires on August 28, 2028. This act extends such tax credit until August 28, 2030. (Section 137.1018)

AGRICULTURAL PRODUCTION TAX CREDITS

Tax credits for contributions to the Missouri Agriculture and Small Business Development Authority and investments in new generation cooperatives for the purpose of development of agricultural business expire on December 31, 2028. This act extends such tax credits until December 31, 2030. (Section 348.436)

SPECIALTY AGRICULTURAL CROPS

The "Specialty Agricultural Crops Act" loan program for family farmers and tax credits for lenders expires on December 31, 2028. This act extends such program until December 31, 2030. (Sections 348.491 and 348.493)

JOSH NORBERG

JULIA SHEVELEVA

A homeowner's association, as defined by law, may adopt reasonable rules, subject to applicable statutes or ordinances, regarding ownership or pasturing of chickens, including a prohibition or restriction on roosters.

This act is identical to provisions in the truly agreed to and finally passed SS/HB 2062 (2024), and similar to HB 1514 (2024), provisions in HCS/HB 2206 (2024), and SB 400 (2023).

ERIC VANDER WEERD

This act creates a mandated reporting requirement for certain mental health, educational, protective services, and law enforcement personnel to report cases of companion animal abuse or neglect to a hotline established by the Missouri Animal Control Association (MACA). A "companion animal" is defined in the act as a living creature maintained by a household for companionship and not commercial purposes. MACA shall provide the report of abuse or neglect to any duly-authorized law enforcement official, county or municipal animal control officer, or animal cruelty investigator. If the mandated reporter is an employee of an agency or political subdivision of the state and fails to make a report as required under this provision, the employer shall send a written notice to the employee noting the failure and providing a reminder of the requirements of reporting companion animal abuse or neglect. Additionally, a mandated reporter who fails to make a report shall be subject to discipline by his or her professional licensing board, as well as a fine, as described in the act.

Finally, protective services employees with direct contact with children, the elderly, and vulnerable persons shall be required to receive one hour of training within the first 60 days of employment to recognize the signs of abuse or neglect in companion animals.

This act is substantially similar to SB 1259 (2024), SB 91 (2023), and SB 1182 (2022).

SARAH HASKINS

This act repeals the provision regarding the County Fair Association submitting to the Governor a list of nominees for the appointment to the Commission as described in current law. There shall be no more than three, instead of two, Commission members from any Congressional district.

This act is identical to a provision in HCS/SB 155 (2023) and similar to HB 2115 (2022).

JULIA SHEVELEVA

ERIC VANDER WEERD

The act repeals the provision allowing foreign ownership of agricultural land if the total foreign-owned agricultural acreage does not exceed 1% of the total agricultural land in the state. The act further repeals the provision stating that foreign transfers of agricultural land must be submitted to the Director of the Department of Agriculture for review.

Under the act, no alien or foreign business shall acquire agricultural land in the state after August 28, 2024.

After August 28, 2024, all proposed transfers of agricultural land held by any alien or foreign business in the state shall be submitted at least 30 calendar days prior to when such transfers of agricultural land are finalized to the Department of Agriculture to determine whether such transfers are conveyed in accordance with the prohibition on foreign ownership of agricultural land in the state under this act.

This act is identical to SCS/SBs 332 & 334, 541 & 144 (2023), SB 791 (2022), HB 1947 (2022), SB 243 (2021), HB 1136 (2021), HB 1492 (2020), substantially similar to a provision in CCS/SS/SCS/HCS/HB 903, 465, 430 & 499 (2023), similar to SCS/SB 734 (2024), a provision in SB 924 (2024), HB 2138 (2024), HB 2236 (2024), a provision in HB 2318 (2024), HB 2928 (2024), a provision in SB 9 (2023).

JULIA SHEVELEVA

This act creates a mandated reporting requirement for certain mental health, educational, protective services, and law enforcement personnel to report cases of companion animal abuse or neglect to a hotline established by the Missouri Animal Control Association (MACA). A "companion animal" is defined in the act as a living creature maintained by a household for companionship and not commercial purposes. MACA shall provide the report of abuse or neglect to any duly-authorized law enforcement official, county or municipal animal control officer, or animal cruelty investigator. If the mandated reporter is an employee of an agency or political subdivision of the state and fails to make a report as required under this provision, the employer shall send a written notice to the employee noting the failure and providing a reminder of the requirements of reporting companion animal abuse or neglect. Additionally, a mandated reporter who fails to make a report shall be subject to discipline by his or her professional licensing board, as well as a fine, as described in the act.

Finally, protective services employees with direct contact with children, the elderly, and vulnerable persons shall be required to receive one hour of training within the first 60 days of employment to recognize the signs of abuse or neglect in companion animals.

This act is substantially similar to SB 995 (2024), SB 91 (2023), and SB 1182 (2022).

SARAH HASKINS

This act is similar to HB 2831 (2024).

ERIC VANDER WEERD

The act is substantially similar to HB 2196 (2024).

JULIA SHEVELEVA

A person found in violation of the act shall be issued a notice of violation. Requirements for the notice are described in the act. A person issued the notice of violation may be afforded an opportunity by the Director to explain the facts pertaining to the violation at an informal hearing to be conducted within 14 days of issuance of the notice. If the person fails to respond to the notice, or upon an unsuccessful resolution of any issues related to the violation, the person may be summoned to a formal administrative hearing before the Director as described in the act. The person may be subject to other penalties under the act.

A person subject to violations of the act may enter into a written agreement with the Director as described in the act.

The Director shall create a list of invasive plants known as the "Invasive Plant List" listing invasive plants described in the act.

The Director shall create a watchlist known as the "Potentially Invasive Plant Watchlist" listing plants described in the act.

Any person or business that offers for sale any plant on the Watchlist shall label the plants "potentially invasive", as described in the act. If the person or business fails to label the plants as "potentially invasive", the person or business shall be issued a notice of violation under the act.

No plant listed on the "Invasive Plant List" shall be listed on the "Potentially Invasive Plant Watchlist."

The act shall become effective on January 1, 2025. Burning bush and callery pear plants acquired by a licensed Missouri wholesale or retail plant nursery before January 1, 2025 shall be exempted from enforcement of provisions under the act until January 1, 2028.

The act is substantially similar to HB 1555 (2024), and similar to HB 2417 (2024).

JULIA SHEVELEVA

Additionally, this act modifies the fine for the manufacture, sale, or delivery of misbranded foods, among other violations of certain provisions of food, drug, device, and cosmetic safety laws, from a fine of not more than one thousand dollars to a fine of one thousand dollars for each incident or for each prohibited product offered for sale in Missouri.

SARAH HASKINS

The act also provides that cotton trailers shall not be in violation of the law regulating the securing of loads, provided certain conditions are met and no portion of the load becomes dislodged and falls from the cotton trailer.

This act is similar to provisions in SCS/SB 1300 (2024).

ERIC VANDER WEERD

HA 1 - CHANGES THE TITLE FROM "COTTON TRAILERS" TO "RURAL COMMUNITY DEVELOPMENT"

HA 2 - MODIFIES AN INCOME TAX EXEMPTION FOR CERTAIN GRANTS RELATED TO BROADBAND INTERNET ACCESS

HA 3 - MODIFIES PROVISIONS RELATING TO MOTOR VEHICLE DEALERS' PLACE OF BUSINESS CERTIFICATIONS

HA 4 - ENACTS PROVISIONS RELATING TO THE APPOINTMENT OF MEMBERS OF BOARDS OR COMMISSIONS BY MAYORS OF FOURTH CLASS CITIES WITH POPULATIONS OF LESS THAN 3,000

HA 5 - REQUIRES POPULATIONS TO BE DISPLAYED ON CITY LIMIT SIGNS; EXEMPTS CERTAIN SCHOOL OR NONPROFIT ATHLETIC FIELDS FROM OUTDOOR ADVERTISING REQUIREMENTS; MODIFIES PROVISIONS RELATING TO OUTDOOR ADVERTISING ZONING AND FEES; DIRECTS THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS MARKING THE OZARK HIGHLANDS SPIRITS REGION; PROHIBITS HIGHWAY DESIGNATIONS FOR PERSONS CONVICTED OF KILLING OR ATTEMPTING TO KILL A LAW ENFORCEMENT OFFICER; DIRECTS THE DEPARTMENT OF TRANSPORTATION TO PLACE SIGNS AT THE CITY LIMITS OF MEDAL OF HONOR RECIPIENTS' HOME TOWNS; ENACTS PROVISIONS RELATING TO THE MESSAGES DISPLAYED ON DYNAMIC MESSAGING SIGNS, AS DEFINED IN THE AMENDMENT

HA 1 to HA 5 - ENACTS PROVISIONS RELATING TO MOTORCYCLE REPAIR

HA 6 - MODIFIES THE DEFINITION OF "FARM OWNER" FOR PURPOSES OF AN INCOME TAX DEDUCTION FOR THE SALE OF FARM LAND TO A BEGINNING FARMER; MODIFIES PROVISIONS RELATING TO THE WITHDRAWAL OR DIVERSION OF WATER FROM WATER SOURCES; ENACTS PROVISIONS RELATING TO FARM FLEET VEHICLE REGISTRATION

HA 1 to HA 6 - MODIFIES PROVISIONS RELATING TO HOSPITALS

HA 7 - ENACTS PROVISIONS RELATING TO CONTRACTS FOR HEALTH CARE BENEFITS

HA 1 to HA 7 - MODIFIES PROVISIONS RELATING TO MOTOR VEHICLE FINANCIAL RESPONSIBILITY

HA 2 to HA 7 - MODIFIES PROVISIONS RELATING TO QUALIFICATIONS FOR BOARDS OF DIRECTORS OF INDUSTRIAL DEVELOPMENT CORPORATIONS IN CERTAIN COUNTIES

HA 3 to HA 7 - ENACTS PROVISIONS RELATING TO WATER RESOURCES

HA 5 to HA 7 - DESIGNATES WAVERLY AS THE OFFICIAL APPLE CAPITAL OF THE STATE; DESIGNATES CONCORDIA AS THE OFFICIAL PATRIOTIC MURAL CITY OF THE STATE

HA 8 - MODIFIES PROVISIONS RELATING TO SCHOOL BUS DRIVER'S LICENSE ENDORSEMENTS

HA 1 to HA 8 - MODIFIES PROVISIONS RELATING TO REGIONAL PLANNING COMMISSIONS

HA 2 to HA 8 - ENACTS PROVISIONS RELATING TO DEED RESTRICTIONS REGARDING CHICKENS

HA 3 to HA 8 - MODIFIES PROVISIONS RELATING TO MOTORCYCLE INSTRUCTION PERMITS

HA 4 to HA 8 - ENACTS PROVISIONS RELATING TO DEPARTMENT OF TRANSPORTATION SIGNS DESIGNATING THE OZARK HIGHLAND SPIRITS REGION

HA 5 to HA 8 - MODIFIES PROVISIONS RELATING TO AMBULANCE SERVICES

HA 9 - MODIFIES PROVISIONS RELATING TO THE USE OF ELECTRONIC COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE

HA 1 to HA 9 - MODIFIES PROVISIONS RELATING TO THE OPERATION OF ALL-TERRAIN VEHICLES, LOW-SPEED VEHICLES, UTILITY VEHICLES, AND RECREATIONAL OFF-HIGHWAY VEHICLES

HA 10 - MODIFIES THE DEFINITION OF "EMERGENCY VEHICLE" FOR PURPOSES OF DRIVERS' OBLIGATION TO YIELD THE RIGHT-OF-WAY

HA 11 - EXTENDS THE SUNSET OF AN ANNUAL FEE PAID BY CERTAIN EMPLOYERS TO THE MISSOURI EMERGENCY RESPONSE COMMISSION

ERIC VANDER WEERD

Any government entity in this state that restricts farming or ranching practices shall be held civilly liable to the farmer or rancher for injunctive and declaratory relief.

Additionally, no government measure shall restrict the production, manufacturing, distribution, or sale of supplements intended for human application, absorption, or consumption, or be deemed to enforce a compulsory marketing quota, poundage quota, or similar policy restricting the production of farming or ranching.

No penalty as a result of a violation of any provision of law, order, ordinance, rule, regulation, policy, or similar measure regarding protection of the environment shall require the closure of a farming or ranching operation or restrict the consumption or sale of food products.

Except for licenses required by law before August 28, 2024, no licensure shall be required for an individual to operate or engage in farming or ranching.

The right to access and the ability to afford food products, as defined in this act, shall not be infringed upon by restrictions based on an individual's credit score, credit worthiness, credit standing, or credit capacity, or presentation of an identification card.

Any farmer or rancher who sells food products of his or her farming or ranching operation that are fit for human consumption shall not be held civilly liable for injury or death arising from a condition of such food products if the farmer or rancher provides the following warning label stating: "WARNING: CONSUME AT YOUR OWN RISK".

The use of any form of environmental manipulation, as that term is defined in the act, is prohibited in this state. This provision shall not prevent the use of pesticides on any farming or ranching operations. Any person using forms of environmental manipulation shall be held civilly liable for damages resulting from such use.

The act repeals the provision allowing the Governor to control the sale or distribution of food and feed during a state of emergency. The Governor shall not have the authority to prevent farming or ranching, including restrictions on water usage on farming and ranching operation, or otherwise restrict the availability of food products or control the sale or distribution of food products, including rights to access affordable food as described in the act, and availability of feed for the functioning of farming or ranching operations.

The act repeals certain provisions regarding deeming certain agricultural operations as nuisances and provides that no agricultural operation or any of its appurtenances shall be deemed to be a nuisance, except for those agricultural operations or any of its appurtenances used for production of swine or swine products as described in the act, that unreasonably expand in violation of zoning laws or ordinances.

The act is identical to SB 84 (2023).

JULIA SHEVELEVA

The use of animals in research shall include animals used in scientific research, testing, and for experimentation purposes.

A person commits the existing offense of animal abuse if he or she causes injury to the sexual organs of a female dog or needlessly causes pain to a female dog during artificial insemination.

JULIA SHEVELEVA

The Clean Water Commission may exempt an entity from the requirement to obtain an operating permit to maintain any water contaminant or point source in the state, licensed under the Missouri fertilizer law, only if the entity is producing products that are commercially sold to an end user in accordance with accurate labeling for each container.

In order to receive an operating permit, any point source or operating location seeking an operating permit for a commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel shall meet certain design requirements for wastewater treatment facilities and demonstrate the capacity to manage its design flow. Such design requirements include:

- Buffer distances between the nearest commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel and any public building or occupied residence as described in the act;

- Groundwater monitoring wells on a site-specific basis;

- Sampling requirements for commingled offsite industrial wastewater and wastewater residuals open storage basins.

Additionally, the act creates definitions for "agrichemical facility" and "operating location".

The act has an emergency clause.

The act is similar to SS/SCS/HCS/HBs 2134 & 1956 (2024) and provisions in HCS/SS/SCS/SB 1351 (2024).

JULIA SHEVELEVA

The act is identical to HCS/HB 2763 (2024).

JULIA SHEVELEVA

This act is identical to HB 1551 (2024).

SCOTT SVAGERA

JULIA SHEVELEVA

Within 12 months after January 1, 2025, the Department of Agriculture shall perform an audit to ascertain the total foreign-owned agricultural acreage in the state and make the audit available to the public on the Department’s website within 30 days after the audit is complete.

Within 12 months after January 1, 2026, all interest in foreign-owned agricultural land in the state shall be divested.

If the Director of the Department finds that an alien or foreign business did not divest interest in agricultural land within the specified time frame, the Director shall report the violation to the Attorney General. The Attorney General shall institute a forfeiture action and file a notice of pendency of the action.

If the court finds that an alien or foreign business did not divest interest in agricultural land within the specified time frame, it shall issue an order directing a local law enforcement agency to seize the agricultural land. Forfeiture proceedings shall be governed by the Missouri rules of civil procedure.

After a law enforcement agent seizes the agricultural land, the agricultural land shall be sold at a public auction within six months after the seizure. Notice of sale shall be posted on the front door of the courthouse where the forfeiture proceeding took place at least 30 days prior to the public action. The Attorney General shall ensure that the buyer is a citizen of the United States.

Land that has been classified as agricultural land for the past 30 years shall be subject to the prohibition on foreign ownership of agricultural land under this joint resolution.

JULIA SHEVELEVA