HCS HB 3 -- AGRICULTURAL ECONOMIC OPPORTUNITIES

This bill modifies the provisions relating to agricultural economic opportunities.

LAND SURVEYS (Sections 60.301, 60.315, and 60.345, RSMo)

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used to relate the intersection of meridional and latitudinal lines to the measurement between four known corners is repealed.

Certain options that can be used to reestablish lost standard corners and lost section and quarter-section corners are repealed and replaced with the single proportionate method.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

WOOD ENERGY TAX CREDIT (Section 135.305)

The bill extends the tax credit for Missouri wood energy producers from June 30, 2020 to June 30, 2028.

MEAT PROCESSING FACILITY INVESTMENT TAX CREDIT (Section 135.686)

The Meat Processing Facility Investment Tax Credit for the expansion or modernization of meat processing facilities expired on December 31, 2021. The bill extends the tax credit until December 31, 2028. The bill also limits the tax credit to taxpayers who own a meat processing facility in the state and employ less than 500 people at all processing facilities nationwide.

ETHANOL RETAILERS INCENTIVE (Section 135.755)

For all tax years beginning on or after January 1, 2023, the bill authorizes a tax credit for retail dealers selling higher ethanol blend at the retail dealer's service station or for distributors that sell an ethanol blend directly to the final user in the state. The credit will be equal to $0.05 per gallon of higher ethanol blend sold and dispensed through metered pumps at the service station or directly to the end user during the tax year. The tax credit will be nontransferable and nonrefundable but may be carried forward to any of the five subsequent tax years. The total amount of tax credits authorized under the bill in a given fiscal year will not exceed $5 million. The program will sunset on December 31, 2028.

BIODIESEL INCENTIVE PROGRAMS (Sections 135.775 and 135.778)

For all tax years beginning on or after January 1, 2023, the bill authorizes a tax credit for retail dealers selling a biodiesel blend at the retail dealer's service station in the state or for distributors that sell a biodiesel blend directly to the final user in the state. The credit will be equal to $0.02 per gallon for between a 5% and 10% blend and $0.05 per gallon for in excess of a 10% but less than 20% blend sold and dispensed through metered pumps at the service station or directly to the final user located in the state during the tax year. If the tax credit exceeds the taxpayers tax liability, the difference shall be refundable. The total amount of tax credits authorized under the bill in a given fiscal year will not exceed $16 million. The program will sunset on December 31, 2028.

For all tax years beginning on or after January 1, 2023, the bill authorizes a tax credit for Missouri biodiesel producers in the state. The credit will be equal to $0.02 per gallon produced by the Missouri biodiesel producer during the tax year.

If the tax credit exceeds the taxpayers tax liability, the difference shall be refundable. The total amount of tax credits authorized under the bill in a given fiscal year will not exceed $4 million. The program will sunset on December 31, 2028.

URBAN FARMS (Section 135.1610)

The bill allows a taxpayer to claim a tax credit against the taxpayer's state tax liability in an amount equal to 50% of the taxpayer’s eligible expenses for establishing an urban farm or improving an urban farm in an urban area that produces agricultural products solely for distribution to the public.

The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability in the tax year for which the credit is claimed, the taxpayer shall not be allowed to claim a tax credit under this section in excess of $5,000 for each urban farm. However, any tax credit that cannot be claimed in the tax year the contribution was made may be carried over to the next three succeeding tax years until the full credit is claimed. The total amount of tax credits authorized shall not exceed $200,000. These tax credits cannot be transferred, sold, or assigned. Any taxpayer granted a tax credit who uses the farm for which the credit was issued for personal benefit must repay the tax credit. The program sunsets December 31st, 2028.

ROLLING STOCK TAX CREDIT (Section 137.1018)

This bill reauthorizes a tax credit for eligible expenses incurred in the manufacture, maintenance, or improvement of a freight line company's qualified rolling stock, which expired on August 28, 2020. Such credit would be reauthorized until August 28, 2028.

SALES TAX EXEMPTIONS FOR FARM EQUIPMENT (Section 144.030)

The bill specifies that sales of certain farm machinery and equipment, including utility vehicles, used for any agricultural purpose are exempt from sales tax. Additionally, this bill provides and alters definitions for utility vehicles.

SOYBEAN PRODUCERS ASSESSMENT (Section 275.357)

Currently, the federal soybean producers assessment is 0.5% of the net market price of soybeans grown in this state and the state assessment is one half of the national assessment. This bill specifies that as long as the federal assessment remains at 0.5%, the state assessment must correspond to the state credit of the total assessment paid to the commodity merchandising council.

If federal assessment is reduced or ceases, the state assessment will be equal to 0.5% of the net market price of soybeans grown within the state. The bill specifies how the state and federal assessments are to be collected and remitted and that the state fees are subject to refund.

LOCAL LOG TRUCKS (Sections 301.010, 301.062, 304.180 and 304.240)

The bill modifies the definition of "local log truck" and "local log truck tractor" to specify weight distribution and a total maximum weight for each truck, and updates weight and distance limits. In addition, the bill also sets fines for load-limit violations involving a local log truck or a local log truck tractor.

AGRICULTURAL TAX CREDIT EXTENSIONS (Section 348.436)

The Agricultural Product Utilization Contributor Tax Credit under Section 348.430, and the New Generation Cooperative Incentive Tax Credit under Section 348.432 expired on December 31, 2021. The bill extends the expiration date to December 31, 2028.

SPECIALTY AGRICULTURAL CROPS (Section 348.491 and 648.493)

This bill creates the "Specialty Agricultural Crops Act", a loan program to be established by the Missouri Agricultural and Small Business Development Authority for the purchase of certain specialty crop resources. The eligibility requirements are specified in the bill.

The maximum loan amount a producer may be eligible to receive is $35,000. The bill specifies the maximum loan amounts available under the program and the considerations that are to be weighed by the authority when deciding upon a loan application. The bill waives the interest payments for any approved farmer for the first year, provides financing up to 90% of the anticipated cost of the specialty crop purchase, and allows the authority to charge a one time loan review fee of 1% to be charged by the lender. Nothing in the Specialty Agricultural Crops Act precludes any farmer from participating in any other agriculture program.

The bill provides a tax credit to any lender participating in the loan program equal to 100% of the interest waived by the lender for the first year of the loan. The amount of tax credits issued to all eligible lenders in a fiscal year may not exceed $300,000. The tax credits created in the Act may be claimed on a quarterly basis, are not refundable and may be carried over for no more than three years.

The program will sunset December 31, 2028.

FAMILY FARMS ACT (Section 348.500)

Currently, a small farmer may qualify for the Family Farm Livestock Loan Program if he or she is a farmer that is a Missouri resident who has less than $250,000 in gross sales per year and is only eligible for one loan per family and for only one type of livestock. The bill allows a farmer to qualify if he or she has less than $500,000 in gross sales per year and removes the restriction to only one loan per family. In addition, the bill doubles the maximum amount of the loan for each type of livestock.

ANHYDROUS AMMONIA (Sections 643.050, 643.079, 643.245 and repeal of 266.355)

The bill repeals provisions of law that give the Department of Agriculture oversight over standards relating to anhydrous ammonia and authorizes the Air Conservation Commission to adopt, promulgate, amend, and repeal rules and regulations for covered processes at agricultural stationary sources that use, store, or sell anhydrous ammonia, and regulations necessary to implement and enforce the risk management plans under the federal Clean Air Act.

Each retail agricultural facility that uses, stores, or sells anhydrous ammonia that is an air contaminant source subject to a risk management plan under the federal Clean Air Act must pay an annual registration of $200. The bill also establishes an annual tonnage fee for anhydrous ammonia of $1.25 per ton used or sold.

Each distributor or terminal agricultural facility that uses, stores, or sells anhydrous ammonia that is an air contaminant source subject to a Risk Management Plan Program 3 under federal regulations relating to chemical accident prevention must pay an annual registration of $5,000 and does not pay a tonnage fee.

The bill creates the "Anhydrous Ammonia Risk Management Plan Subaccount" within the Natural Resources Protection Fund which shall consist of fees required in these provisions.

This bill requires the State Board of Education to amend the existing health or physical education academic performance standards, learning standards, and curriculum frameworks to include instruction on the use and evidence based effect of vapor products as defined in Section 407.925, RSMo.

This bill adds tobacco and vapor products to the definition of drugs used in Sections 161.500 to 161.508 known as the "Drug Free Schools Act".

This bill is the same as HB 62 (2021) and similar to HB 1808 (2020).

This bill prohibits state agencies from disclosing to the federal government or any unauthorized third party a statewide list or any individual information of persons who have applied for or obtained a medical marijuana card. The penalty for violation is a class E felony.

This bill is the same as HB 198 (2021) and HB 2143 and HB 1455 (2020).

The following is a summary of the House Committee Substitute for HB 1590.

This bill modifies numerous provisions of law relating to incentives for new businesses.

RIGHT-TO-START ACT (Section 34.195, RSMo)

This bill establishes the "Right-to-Start Act".

No later than June 30, 2024, and annually thereafter, the Commissioner of the Office of Administration shall file a report with the General Assembly that includes:

(1) The number of contracts awarded to businesses that have been in operation for less than three years and the percentage of such amount compared to the total number of contracts awarded;

(2) The total dollar amount of contracts awarded to businesses that have been in operation for less than three years and the percentage of such amount compared to the total dollar amount of contracts awarded; and

(3) The number and total dollar amount of contracts awarded to minority-owned businesses compared to the total number and dollar amount of contracts awarded.

The Commissioner shall also, in conjunction with the Office of Entrepreneurship established under Section 620.3800, file a report with the General Assembly making recommendations on improving access and resources for new Missouri businesses, including minority-owned Missouri businesses, that have been in operation for less than three years by January 1, 2024.

TAXATION (Sections 143.022 and 143.071)

Currently, there is an individual income tax deduction for business income. This deduction phases into 20% by 5% increments if certain triggers are met. No increase to the deduction will go into effect unless the net general revenue collected in the previous fiscal year exceeded the amount of net general revenue in any one of the three fiscal years prior to such year by at least $150 million. Shareholders of "S" corporations and partners in partnerships will be allowed a proportional deduction based on their share of ownership.

As specified in this bill, the first $100,000 of any remaining business income amount from a taxpayer that begins business operations in this state on or after January 1, 2023, after the subtraction provided for in law, shall be reduced for the first through third tax years in which the taxpayer's business is in operation by 20%.

Additionally, for all tax years beginning on or after January 1, 2023, in lieu of the tax currently imposed under law, a tax is imposed upon the Missouri taxable income of a corporation validly licensed under the applicable laws that begin operations in this state on or after January 1, 2023 for the first through third tax years of such corporation, of 3% for the first $100,000 of the corporation's income.

OFFICE OF ENTREPRENEURSHIP (Section 620.3800)

This bill creates the "Office of Entrepreneurship" within the Department of Economic Development. The Office will employ an individual to promote policies and initiatives to support the growth of entrepreneurship, including minority entrepreneurship, in the state. The Office will work with stakeholders and communities, including minority communities, to provide information and technical support to entrepreneurs. The Office will support and advice the Office of Administration with preparing the report making recommendations on improving access and resources for new Missouri businesses.

This bill is similar to HB 1202 (2021).

This bill prohibits the modification of summary statements or ballot language approved by the General Assembly for Constitutional amendments or statutory measures. Courts will not have jurisdiction to rewrite or edit such language prior to placing it on the ballot.

This bill is the same as HB 850(2021).

This bill prohibits law enforcement agencies and prosecuting authorities from referring, transferring, or otherwise relinquishing possession of seized property to a federal agency for the purpose of the property's forfeiture under federal law. Law enforcement agencies that participate in a multijurisdictional collaboration must transfer responsibility for the seized property to the state prosecuting authority. A joint task force with a federal agency may transfer seized property to the United States Department of Justice for forfeiture under federal law if the seizure includes more than $100,000 in United States currency. A law enforcement agency is prohibited from accepting payment of any kind or distribution of forfeiture proceeds from the federal agency if the seizure did not include more than $100,000 of United States currency.

This bill does not restrict a law enforcement agency from acting alone or collaborating with another agency, including a federal agency, to seize contraband or property a law enforcement agency has probable cause to believe is the proceeds or instrument of an offense.

This bill is similar to HB 750 (2021).

This bill modifies the statute related to the offense of money laundering. It replaces the definitions of "currency" with one for "monetary instruments" and it adds definitions for "financial transaction" and "transaction". The bill also replaces the term "currency transaction" with "financial transaction" in the factors establishing the offense.

This bill is similar to HB 1277 (2021).

This bill establishes the "Reduction of Illegal Public Consumption by Allowing for Compassionate Access to Medical Marijuana Act". The Department of Health and Senior Services shall establish a medical marijuana lodging establishment licensing system whereby lodging establishments and residential dwelling rentals, as defined in the bill, may apply for licenses to become medical marijuana lodging establishments (MMLEs). Properly licensed MMLEs may allow guests with qualifying patient identification cards to consume medical marijuana in the establishment, subject to provisions provided in the bill.

The bill also creates a dedicated fund, the "Medical Marijuana Lodging Establishment Fund". Moneys in the Fund shall be used solely for the administration of the licensing system established in the bill.

This bill contains penalty provisions.

This bill is similar to HB 486 (2021).

This bill provides tiers of dates by which a person who has been convicted of a marijuana possession offense or municipal violation in Missouri prior to August 28, 2022, and who obtains a patient identification card under Article XIV, Section 1, of the Missouri Constitution prior to August 28, 2022, will have such convictions automatically expunged by the court. If a person was convicted of a marijuana possession offense or municipal violation prior to August 28, 2022, but obtains a patient identification card after August 28, 2022, he or she may be eligible to have the offense or violation expunged by petitioning the court in which he or she was convicted if the offense or violation occurred in Missouri and it occurred prior to the person obtaining a patient identification card. These provisions must not be construed to authorize expungement of any conviction or plea of guilty for any offense committed by a commercial driver's license holder that will result in a violation of 49 CFR 384.226, as amended, or an offense committed by a person while he or she was operating a commercial motor vehicle in violation of 49 CFR 391.15.

This bill is similar to HB 546 (2021).

This bill establishes the "Kratom Consumer Protection Act", which requires dealers who prepare, distribute, sell, or expose for sale a food that is represented to be a kratom product to disclose on the product label the basis on which this representation is made. A dealer is prohibited from preparing, distributing, selling, or exposing for sale a kratom product that does not conform to these labeling requirements.

A dealer may not prepare, distribute, sell, or expose for sale a kratom product that is adulterated or contaminated with a dangerous non-kratom substance, contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% composition of the product, containing any synthetic alkaloids, or does not include on its package or label the amount of mitragynine, 7- hydroxymitragynine, or other synthetically derived compounds of the plant Mitragyna speciosa.

A dealer may not distribute, sell, or expose for sale a kratom product to anyone under 18 years of age. The bill specifies penalties for a violation of the labeling requirements and allows for a person who is aggrieved by a violation of the labeling requirements to bring a cause of action for damages resulting from the violation.

This bill provides a nonrefundable tax credit to minority business enterprises, service-disabled veteran businesses, and women's business enterprises, as defined in the bill, if their medical marijuana dispensary facility license application is approved.

For tax years beginning on January 1, 2023, the tax credit will be an amount equal to $3000 in tax year 2023 and will be adjusted for inflation in subsequent years.

This tax credit is not allowed for a fee for a medical marijuana dispensary facility license renewal, a second or additional medical marijuana dispensary facility license to the same eligible taxpayer, or the annual medical marijuana dispensary facility license fee. The amount of the tax credit claimed must not exceed the amount of the taxpayer's state tax liability for the tax year that the credit is claimed. However, any tax credit that cannot be claimed in the tax year the license application is made can be carried over only to the next subsequent tax year. Tax credits issued under the provisions of this section will not be transferred, sold, or assigned.

This tax credit will sunset on December 31st, six years after the effective date.

This bill is the same as HB 1297 (2021).

This bill establishes the "CBD Product Labeling Act". The bill provides that the General Assembly occupies and preempts the field of CBD oil products regulation to the full exclusion of any order, ordinance, or regulation of any political subdivision of the state, with any existing or future orders, ordinances, or regulations becoming void. The bill shall not apply to any hemp extract for which a registration card has been issued under Sections 192.945 to 192.947 or Section 195.207, RSMo.

This bill requires CBD oil products to be labeled and include necessary information, including: the name of the processor and business that packaged the product, if the product is a concentrate or extract, the date the concentrate or extract was made; net weight or volume; serving size and number of milligrams of THC or CBD in each serving; and a statement that "This product is not approved by the FDA to treat, cure, or prevent any disease" and "For use only by adults 21 and older. Keep out of reach of children."

This bill specifies that a dealer must not prepare or sell a CBD oil product that is adulterated with a dangerous substance and a CBD oil product must only be sold to a person over the age of 21.

This bill contains penalty provisions.

This bill is similar to HB 669 (2021).

This bill make changes to existing statute prohibiting a person from intentionally smelling or inhaling the fumes of a solvent for the purposes of inducing certain symptoms. The bill adds "inhaling the gases or vapors of" to the statute.

The bill also adds "inhaling the fumes, gases or vapors of any chemical, reagent, refrigerant, or other substance" to the statute. The bill adds "for the purposes of causing hallucination" to the statute.

The current penalty of violations under the provisions of the sections related to inhaling certain substances is a class B misdemeanor for the first violation and a class E felony for any subsequent violation. Under this bill, the first violation is a class D misdemeanor and participation in a drug treatment program if allowed by law; a second violation is a class A misdemeanor; and any subsequent violation is a class D felony.

This bill is similar to HB 700 (2021).

This bill provides that a bank, trust company, association, or credit union shall not be prohibited, penalized, have any adverse action taken against it, or otherwise discouraged from providing financial services to facilities licensed or certified under Article XIV, Section 1 of the Constitution of Missouri or to any service provider to such a facility.

The bill furthermore expressly permits banks, trust companies, associations, and credit unions to receive the savings of, make loans to, deposit the funds of, and invest funds of customers who operate as a facility licensed or certified under Article XIV, Section 1 of the Constitution of Missouri. No such institution acting pursuant to this bill shall be liable under state law for contracting with a facility licensed or certified under Article XIV, Section 1 of the Constitution of Missouri.

This bill is similar to HB 1017 and SB 489 (2021).

This bill provides that taxpayers authorized to conduct business under the medical cannabis provisions of the Constitution of Missouri may deduct the amount that would have been deducted from the computation of the taxpayer's federal taxable income if such a deduction were not disallowed under 26 U.S.C. Section 280E, as in effect on January 1, 2022, because of the status of marijuana as a controlled substance under federal law.

This bill is similar to HB 877 (2021).

SCS/HB 2088, HB 1705, & HCS/HB 1699 - This act creates and modifies provisions relating to public safety.

VIOLENT OFFENDER REGISTRY (Sections 43.650 & 589.437)

This act establishes that the Missouri Highway Patrol shall maintain a registered violent offender database on its web page available to the public. The database shall be kept in the same manner as the registered sexual offender database.

This act provides the following persons shall be known as violent offenders:

• Any person who is on probation or parole for murder in the first or second degree or the equivalent of such offenses if committed outside this state; and

• Any person who was found not guilty by reason of mental disease or defect for first or second degree murder.

The Division of Probation and Parole or the Department of Mental Health shall notify the Missouri State Highway Patrol if a violent offender is placed on probation or parole, is removed from probation or parole, or relocates to this state and would be considered a violent offender under this act.

This act is identical HB 1637 (2022), HB 1705 (2022), and HB 293 (2021).

TELECOMMUNICATOR FIRST RESPONDERS (Sections 67.145,70.631, 170.310, 190.091, 650.320, & 650.340)

This act adds "telecommunicator first responder" to the definition of "first responder". This act also adds that political subdivisions may elect to cover telecommunicator first responders as public safety personnel.

These provisions are identical to provisions in HB 1637 (2022), HB 1676 (2022) and HCS/HB 2381 (2022).

HEALTH CARE AND ELDER ABUSE (Sections 191.900, 191.905, 565.184, & 630.155)

This act modifies current law on abuse and neglect of certain vulnerable persons. This act contains provisions that prohibit a person from knowingly neglecting a person receiving health care, which shall be a Class D felony, unless the act involves no physical, sexual, or emotional harm or injury, in which case it shall be a Class A misdemeanor.

This act also modifies the penalty of the existing offense of abuse of an elderly person, a person with a disability, or a vulnerable person from a Class A misdemeanor to a Class D felony.

Finally, this act modifies the existing offense of patient, resident, or client abuse or neglect against a person admitted on a voluntary or involuntary basis to a mental health facility or mental health program from a Class E felony to a Class D felony.

These provisions are identical to provisions in SS/SCS/SB 671 (2022) and substantially similar to provisions in HB 1637 (2022) and HB 2221 (2022).

INTERSTATE COMPACT FOR THE SUPERVISION OF PAROLEES (Sections 217.035 to 217.810)

This act repeals the provisions of the "Interstate Compact for the Supervision of Parolees and Probation" which permits the Governor to enter into an interstate compact with contracting states to allow people convicted of an offense and placed on probation or released on parole to reside in any other state party to the compact.

This act is identical to SB 1023 (2022) and substantially similar to SB 371 (2021) and similar to SB 1018 (2020).

EARNED COMPLIANCE CREDITS (Sections 217.703 & 559.036)

Under current law, certain offenders may receive earned compliance credits to reduce their term of probation, parole, or conditional release. This act repeals those provisions and provides that the Division of Probation and Parole shall file a notification of earned discharge from probation with the court for any defendant who has completed at least 24 months of the probation term and is compliant with the terms of supervision as ordered by the court and Division. The Division shall not file a notification of earned discharge for any defendant who has not paid restitution in full, currently completing a term of probation for any Class A or B felony, or subject to lifetime supervision under the law.

A prosecuting or circuit attorney may request a hearing within 30 days of the filing of a notification of earned discharge. If the state opposes the discharge, the prosecuting or circuit attorney shall argue the earned discharge is not appropriate and the defendant should continue to serve the probation term. Such hearing shall be held no later than 60 days after the filing of the notification.

If the court finds by a preponderance of the evidence that the earned discharge is not appropriate, the court shall order the probation term to be continued, may modify the conditions of the probation, and may order continued supervision by the Division or the court. If the court finds that the earned discharge is appropriate, the court shall order the defendant discharged from probation.

If the prosecuting or circuit attorney does not request a hearing, the court shall order the defendant discharged from probation within 60 days of the filing of the notification of earned discharge, but no earlier than 30 days from the filing of notification of earned discharge.

This act is identical to SB 1130 (2022) and similar to SB 960 (2020).

CONDITIONAL RELEASE (Sections 217.541, 217.705, 217.718, 217.730, 558.011, 558.026, 558.046, 570.030, & 571.015)

Under current law, a sentence of imprisonment for felonies other than dangerous felonies or a sentence of imprisonment for a person's fourth or subsequent remand to the Department of Corrections, shall consist of a prison term and a conditional release term.

This act provides that for offenses occurring on or after August 28, 2022, a sentence of imprisonment shall consist only of a prison term without eligibility for conditional release.

These provisions are identical to SB 964 (2022).

ELIGIBILITY FOR PAROLE (Section 217.690)

Under current law, a person sentenced to a term or terms of imprisonment amounting to 15 years or more when such person was under the age of 18, 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.

These provisions are identical to provisions in SS/SCS/SB 850 (2022), SCS/HB 2697, et al (2022), and SB 664 (2022).

CORRECTIONAL CENTER NURSER PROGRAM (Sections 217.940 to 217.947)

This act establishes the "Correctional Center Nursery Program" which requires the Department of Corrections to establish a correctional center nursery in one or more of the correctional centers for women operated by the Department by July 1, 2025. The program allows eligible inmates and children born to them while in the custody of the Department to reside together in the institution for up to eighteen months post-delivery. Nothing in this act shall affect, modify, or interfere with the inmate's custodial rights to the child nor establish legal custody of the child with the Department.

An inmate is eligible for the program if:

• She delivers the child while in custody of the Department;

• She gives birth on or after the program is implemented;

• She has a presumptive release date of 18 months or less from the date she applies to participate in the program;

• She has no dangerous felony, sexual offense, or offenses against the family convictions; and

• She meets any other criteria established by the Department.

To participate in the program, the inmate must agree to abide by certain requirements set forth in the act. Any inmate's participation in the program can be terminated by the Department for reasons set forth in the act.

The Division of Child Support Enforcement shall collect support payments made under the assignment and such payments shall be deposited in the inmate's banking account. The Department may accept donations on behalf of the program, but no donations shall be made on behalf of one particular inmate or child. Any financial donations for a specific inmate shall be made through the inmate banking system.

This act also established the "Correctional Center Nursery Program Fund" which shall be used to maintain the program.

This act provides that neither the Department of Corrections, nor the program, shall be subject to regulation, licensing, or oversight by the Department of Health and Senior Services, Department of Social Services, Children's Division, juvenile officer of any jurisdiction, or Office of Childhood unless the Department of Corrections agrees to voluntary regulation, licensing, or oversight.

Finally, the operation of a correctional center nursery program under this act and the presence of inmates' children in the program shall not be considered a dangerous condition that would result in the waiver of sovereign immunity.

These provisions are identical to provisions in HCS/SS/SCS/SB 834 (2022).

EMERGENCY LIGHTS ON PARK RANGER VEHICLES (Section 304.022)

This act adds vehicles operated by county or municipal park rangers to the definition of "emergency vehicle" applicable to yielding the right-of-way and the display of emergency lights.

These provisions are identical to provisions in HB 1637 (2022), SB 1156 (2022), and HB 2665 (2022).

ONLINE MARKETPLACES (Section 407.1700)

This act provides that an online marketplace shall require any high-volume 3rd party seller on the online marketplace to provide, no later than 10 days after qualifying as a high-volume 3rd party seller, certain information such as bank account information, contact information for the seller, an email address for the seller, and a business tax identification number or taxpayer identification number.

If the seller does not provide such information, the online marketplace shall, after providing the seller with written or electronic notice, suspend any future sales activity of such seller until the seller provides the information.

The provisions of this act shall be enforced solely by the Attorney General and he or she may bring a civil action to enforce compliance and obtain civil penalties.

These provisions are identical to provisions in SCS/HB 2697, et al (2022) and HCS/HB 2108 (2022).

These provisions shall become effective on February 28, 2023.

ORDERS OF PROTECTION (Sections 455.073 & 455.075)

This act provides that if a full order of protection is granted by a court, all temporary orders shall continue in the full order of protection and shall remain in full force and effect unless otherwise ordered by the court.

Additionally, this act adds that the court may order a party to pay a reasonable amount for the other party's attorney fees incurred prior to the proceeding, throughout the proceeding, and after entry of judgment for orders of protection. This provision is identical to provisions in SB 1127 (2022)

These provisions are identical to provisions in HB 1699 (2022).

NOTICE OF ORDER OF PROTECTION (Section 455.085)

Under current law, a person is deemed to have notice of an order of protection against him or her if a law enforcement officer responding to a call of domestic violence or violation of the order of protection presented a copy of the order. This act adds that notice is also given by actual communication to the person in a manner reasonably likely to advise him or her.

These provisions are identical to provisions in HB 1699 (2022).

WITNESSES IN CASES INVOLVING SEXUAL OFFENSES (Section 491.015)

Under current law, in prosecutions related to sexual offenses a witness's prior sexual conduct or specific instances of prior sexual conducts is inadmissible, except in certain instances.

This act provides that this evidence is inadmissible at any trial, hearing, or court proceeding and not a subject for inquiry during a deposition or during discovery, except in certain instances.

This provision is identical to provisions in SCS/HB 2697, et al (2022), HCS/SS/SCS/SBs 775, 751, & 640 (2022), and SS/SCS/SB 850 (2022) and similar to SB 534 (2021).

48-HOUR HOLD WITHOUT A WARRANT (Section 544.170)

Under current law, all persons arrested and confined in any jail, without warrant or other process, for any alleged breach of the peace or other criminal offense, shall be discharged from custody within 24 hours from the time of arrest, unless they are charged with a criminal offense.

This act changes the period of detention on arrest without a warrant to 48 hours if a person is arrested for a criminal offense involving a dangerous felony or deadly weapon.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), SB 766 (2022), SB 130 (2021), and SCS/SB 520 (2020).

BAIL (Section 544.453)

When a judge or judicial officer sets bail or conditions of release in all courts in Missouri for any offense charged, he or she shall consider whether:

• A defendant poses a danger to a victim of crime, the community, any witness to the crime, or to any other person;

• A defendant is a flight risk;

• A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last 5 years; and

• A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last 3 years.

This act is identical to provisions in SCS/HB 2697, et al (2022), HB 1637 (2022), and SB 1093 (2022) and similar to SB 487 (2021).

CHANGE OF VENUE (Section 545.473)

Under current law, criminal cases filed in Cole County shall follow procedures different from the Missouri Supreme Court Rules in order to obtain a change of venue for misdemeanors or felonies.

This act provides that counties with 75,000 or fewer inhabitants shall follow procedures different from the Missouri Supreme Court Rules in order to obtain a change of venue for misdemeanors or felonies.

Additionally, this act provides that in felony and misdemeanor cases, the application for change of venue must be filed not later than 10 days after the initial plea is entered.

These provisions are identical to provisions in SCS/SB 937 (2022).

WITNESSES IN DOMESTIC ASSAULT PROCEEDINGS (Sections 546.262 & 546.263)

A court shall not compel a victim or member of the victim's family in a domestic assault proceeding to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the address or place of employment is necessary.

Additionally, a person may testify in a domestic assault proceeding if the person testifying is the victim of offense. The circuit court shall develop rules for appearances by video and shall post these rules on their website.

These provisions are identical to provisions in HB 1699 (2022) and SB 1127 (2022).

COST AND EXPENSES OF EXTRADITION (Section 548.241)

Under current law, all necessary and proper expenses for the return of a person to Missouri pursuant to the Interstate Compact for the Supervision of Parolees and Probationers shall be paid out of the state treasury.

This act repeals this provision and provides that any person being returned to Missouri pursuant to the Interstate Compact for Adult Offender Supervision shall be paid out of either the "Missouri Interstate Compact Fund" or out of the state treasury.

These provisions are identical to provisions in SB 1023 (2022).

STATUTE OF LIMITATIONS FOR CERTAIN SEXUAL OFFENSES (Section 556.036)

Under current law, a prosecution for certain sexual offenses may be commenced at any time.

This act adds the offenses of sexual abuse in the first degree, attempted sexual abuse in the first degree, incest, and attempted incest to those offenses which may be commenced at any time.

This act is substantially similar to SB 837 (2022) and SB 425 (2021).

JURY INSTRUCTIONS (Section 556.046)

This act provides that the court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the person of the offense charged and convicting him or her of the included offense.

Additionally, this act provides that a court shall be obligated to instruct the jury with respect to a particular included offense only if the instruction is requested and there is a rational basis in evidence for acquitting the person of the immediately higher included offense and convicting the person of that particular included offense.

This provision is identical to provisions in SCS/HB 2697, et al (2022) and HB 2589 (2022) and similar to a provision in SCS/HB 530 & HCS/HB 292 (2021).

DANGEROUS 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 or dangerous offender. This act modifies the definition of a "dangerous offender" to include a person who has been found guilty of a dangerous felony as defined in law.

This provision is identical to a provision in SCS/HB 2697, et al (2022) and SS/SCS/SB 850 (2022).

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 parole, probation, conditional release, or suspended imposition or execution of sentence.

This provision is identical to a provision in SCS/HB 2697, et al (2022) and SS/SCS/SB 850 (2022).

TERMS OF PROBATION (Sections 559.036, 559.115, & 217.785)

This act provides that the total time on any probation term shall not include time when the probation term is suspended, except when the probation term is suspended by order of the court before a revocation hearing.

Under this act, prior to a revocation of probation, the court shall order the placement of an offender in either the Department of Correction's "Structured Cognitive Behavioral Intervention Program" or "Institutional Treatment Program". It shall be at the sole discretion of the Department as to which program the offender shall be placed.

Upon the successful completion of either program, the Division of Probation and Parole shall advise the sentencing court of the offender's probationary release date 30 days prior to release. The court shall then order the offender's release to continue to serve the term of probation, which shall not be extended based on the same incident of the probation violation.

If the Department determines the offender has not successfully completed the treatment program, the Division of Probation and Parole shall advise the sentencing court of the offender's unsuccessful program exit. The court may then modify or revoke the offender's probation.

This act adds that a person is ineligible for probation if he or she has been found guilty of certain dangerous felonies as provided by law.

Finally, this act repeals provisions relating to the "Missouri Postconviction Drug Treatment Program".

These provisions are identical to provisions in HCS/SS/SCS/SB 834 (2022) and substantially similar to SCS/SB 948 (2022).

SEXUAL OFFENSES (Sections 566.010, 566.086, 566.151, 566.155, & 567.030)

This act adds to the definition of "sexual contact" the causing of semen or other ejaculate to come into contact with another person.

Additionally, this act provides that a person commits the offense of sexual contact with a student if he or she has sexual contact with a student and is a coach, director, or other adult with a school-aged team or club and a person found guilty of any tier 3 sexual offense shall not serve as an athletic coach for any sports team with a child less than 18 years old.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), HB 1637 (2022), and HB 2590 (2022).

Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.

Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 16 or 17 it shall be a Class E felony and if the person is less than 15 years old it shall be a Class B felony.

These provisions are identical to provisions in HB 1637 (2022) and HB 2590 (2022).

SEXUAL OFFENDERS (Sections 566.149, 566.150, & 566.155)

Under current law, certain offenders shall not knowingly be present in certain areas, such as schools, public parks with playgrounds, public swimming pools, and athletic fields primarily used by children. Additionally, under current law, certain offenders can not serve as an athletic coach or trainer for a sport team if a child less than 17 years of age is a member of the team.

This act adds that any person found guilty of the offense of possession of child pornography shall not knowingly be present in such areas and shall not serve as an athletic coach.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), HCS/SS/SCS/SBs 775, 751, & 640 (2022), and HB 1589 (2022).

OFFENSE OF PROPERTY DAMAGE IN THE FIRST DEGREE (Sections 569.010 & 569.100)

This act adds to the offense of property damage in the first degree if such person knowingly damages, modifies, or destroys a teller machine or otherwise makes it inoperable.

This offense is a Class D felony unless committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which exceeds $750 or the damage to the teller machine exceeds $750, in which case it is a Class C felony. It shall be a Class B felony if committed for the purpose of obtaining the personal financial credentials of another person or if the person has committed a second or subsequent offense of damaging a teller machine.

These provisions are identical to provisions in SCS/HB 2697 (2022), SS/SCS/SB 850 (2022), and SCS/SB 831 (2022) and substantially similar to provisions in HCS/HB 2127 (2022).

OFFENSE OF STEALING (Section 570.010 & 570.030)

This act adds that the offense of stealing shall be a Class C felony if the property stolen is a teller machine or the contents of a teller machine including cash regardless of the value or amount stolen.

These provisions are identical to provisions in SCS/HB 2697 (2022), SS/SCS/SB 850 (2022), and SCS/SB 831 (2022) and substantially similar to provisions in HCS/HB 2127 (2022).

Additionally, this act provides that a person commits the offense of stealing if he or she appropriates property that is a letter, postal card, package, bag, or other sealed article that was delivered by common carrier or delivery service and not yet received by the addressee or that had been left to be collected for shipment by a common carrier or delivery service.

Such offense shall be a Class E felony.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), and SCS/SB 919 (2022).

OFFENSE OF ORGANIZED RETAIL THEFT (Section 570.036)

This act creates the offense of organized retail theft if he or she, while alone or with any other person, commits a series of thefts of retail merchandise against one or more persons either on the premises of a merchant or through the use of an internet site with the intent to return the merchandise for value or resell the merchandise for value.

The offense of organized retail theft is a Class D felony if the value stolen over 120 days is between $1,500 and $10,000 and a Class C felony if the value is over $10,000.

Finally, a person may be prosecuted in any jurisdiction in this state regardless of whether the defendant was ever physically present in such jurisdiction.

These provisions are identical to provisions in SCS/HB 2697, et al (2022)

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, with criminal negligence, he or she discharges a firearm within or into the limits of an 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.

These provisions are identical to provisions in 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 provisions in SCS/HB 2697, et al (2022) and SS/SCS/SB 850 (2022).

LAW ENFORCEMENT ANIMALS (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.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), and SB 765 (2022).

POSTING PERSONAL INFORMATION OF CERTAIN OFFICIALS (Section 575.095)

This act modifies the offense of tampering with a judicial officer if, with the purpose to harass, such person disseminates through any means, including by posting on the internet, the personal information of the judicial officer or the judicial officer's family. This act also adds that a "judicial officer" shall include a commissioner of a state or federal court. If a violation of this offense results in death or bodily injury to the judicial officer or a member of his or her family, the offense shall be a Class B felony.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), HB 1637 (2022), and HCS/HB 1656 (2022).

OFFENSE OF ESCAPE FROM CUSTODY (Section 575.200)

This act adds to the offense of escape from custody any person who is being held in custody after arrest for any probation or parole violation who escapes or attempts to escape from custody.

These provisions are identical to provisions in SCS/HB 2697 (2022), SS/SCS/SB 850 (2022), and SCS/SB 799 (2022).

TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT (Section 575.205)

This act modifies the offense of tampering with electronic monitoring equipment to provide that a person commits the offense if he or she intentionally fails to charge or otherwise disables electronic monitoring equipment which a court or the Parole Board has required such person to wear.

The offense of tampering with electronic monitoring equipment if the person fails to charge or otherwise disables the electronic monitoring equipment is a Class E felony, unless the offense for which the person was placed on electronic monitoring was a misdemeanor, in which case it is a Class A misdemeanor.

This act is identical to provisions in SCS/HB 2697 (2022), HB 1637 (2022), and SB 878 (2022) and similar to SB 619 (2021) and HCS/HB 156 (2021).

CONDITIONS OF PROBATION (Section 589.564)

Under this act, a circuit court for the jurisdiction in which the probationer is under supervision is authorized to add any condition, upon a petition from the state, to a term of probation for an offender supervised in Missouri for a term of probation ordered by another state. However, the court may not reduce, extend, or revoke a term of probation.

Additionally, the Division of Probation and Parole may submit violation reports to the prosecuting attorney or circuit attorney asking the court to add a condition or sanction to a term of supervision. The Division of Probation and Parole does not have the authorization to reduce, extend, or revoke a term of parole.

These provisions are identical to provisions in SB 1023 (2022).

MISSOURI INTERSTATE COMPACT FUND (Section 589.565)

Under this act, a Missouri probationer or parolee seeking transfer of his or her supervision pursuant to the Interstate Compact for Adult Offender Supervision shall pay a $175 fee for each application, unless waived by the compact commissioner for an undue economic burden on the offender.

This act establishes the "Missouri Interstate Compact Fund" and all fees collected by the commissioners shall be paid to the Fund. The money from the Fund shall be used for the sole benefit of the Department of Corrections to pay the expenses of the Interstate Compact for Adult Offender Supervision.

These provisions are identical to provisions in SB 1023 (2022).

PEACE OFFICER TRAINING REQUIREMENTS (Sections 590.040 & 590.080)

Under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.

Additionally, this act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:

• Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;

• Has been convicted, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;

• Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;

• Has tested positive for a controlled substance without a valid prescription;

• Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority ; or

• Has committed any act of gross misconduct indicating inability to function as a peace officer.

These provisions are identical to SB 689 (2022).

SEXUAL ASSAULT SURVIVORS BILL OF RIGHTS (Section 595.201)

Under current law, sexual assault survivors have rights relating to how a criminal investigation regarding a sexual assault must be conducted.

This act provides that sexual assault survivors retain these rights regardless of whether a criminal investigation or prosecution results or regardless if he or she has previously waived any of these rights. A sexual assault survivor, for purposes of this act, is any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court. Under this act, a sexual assault survivor has the right to:

• Consult with an employee or volunteer of a rape crisis center;

• A sexual assault forensic examination;

• A shower and change of clothing;

• Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the survivor's choosing, when available;

• An interpreter who can communicate in the language of the sexual assault survivor's choice, as reasonably available;

• Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, and anonymous evidentiary collection kit;

• Notification about the evidence tracking system;

• Notification about the right to certain information considered a closed record, such as a complete incident report; and

• Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender.

Additionally, this act provides that a survivor must be informed of the survivor's rights by a medical provider, law enforcement officer, and a prosecuting attorney in a timely manner. A document shall be developed by the Department of Public Safety, in collaboration with certain Missouri-based stakeholders, which shall be provided to a sexual assault survivor explaining the survivor's rights. The document shall include:

• A description of the rights of the sexual assault survivor pursuant to this act; and

• Telephone and internet means for contacting a local rape crisis center.

This act repeals duplicate rights found in other provisions of current law. Additionally, this act repeals the requirement that a law enforcement officer shall upon written request provide a free, complete, and unaltered copy of all law enforcement reports concerning the sexual assault within 14 days to the survivor.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), and HCS/SS/SCS/SBs 775, 751, & 640 (2022).

CLOSED RECORDS OF VICTIMS OF SEXUAL ASSAULT (Section 595.226)

Under current law, certain identifiable information of victims of domestic assault or stalking shall be closed and redacted from public record. This act adds that such identifiable information shall also include, but shall not be limited to, the victim's personal email address, birth date, health status, or any information from a forensic testing report.

This act also repeals provisions relating to when a court may disclose such identifying information of a victim and provides that any person who is requesting identifying information of a victim and who has a legitimate interest in obtaining such information, may petition the court for an in camera inspection of the records. If the court determines the person is entitled to all or any part of such records, the court may order production and disclosure of the records, but only if the court determines that the disclosure to the person or entity would not compromise the welfare or safety of the victim.

These provisions are identical to provisions in SCS/HB 2697, et al (2022), SS/SCS/SB 850 (2022), and HCS/SS/SCS/SBs 775, 751, & 640 (2022).

BATTERER INTERVENTION PROGRAM (Section 595.320)

If a judge orders a person convicted of domestic assault to undergo a batterer intervention program, such person shall be financially responsible for any costs associated with attending such class.

These provisions are identical to provisions in HB 1699 (2022) and substantially similar to provisions in SB 1127 (2022).

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.

This provision is identical to SB 1039 (2022).

CIVIL DETENTIONS (Section 632.305)

Currently, an application for civil detention for evaluation and treatment may be executed by any adult on a form provided by the court. Such form shall allege that the applicant has reason to believe that the respondent is suffering from a mental disorder and presents a likelihood of serious harm to themselves. Under this act, such form shall not be required to be notarized.

These provisions are identical to SCS/SB 1109 (2022).

Currently, the offense of possession of a controlled substance except 35 grams or less of marijuana or any synthetic cannabinoid is a class D felony. This bill modifies the provision, making the offense of possession of any controlled substance except 10 grams or less of marijuana or any synthetic cannabinoid a class A misdemeanor.

This bill is the same as HB 704 (2021).

This bill specifies that, beginning August 28, 2024, a conviction for an offense for which the maximum punishment is imprisonment of no more than six months will be expunged automatically after seven years have passed from the imposition of the sentence. The court will notify the arresting agency by the 10th of each month of each expunged conviction. If the conviction is for an offense for which the maximum punishment is six months or more and the conviction is recorded and maintained in the central repository, the conviction will be expunged automatically after seven years have passed from the imposition of the sentence. Also beginning August 28, 2024, felony convictions recorded and maintained in the central repository will be expunged automatically if certain criteria, specified in the bill, are met. Subject to exceptions specified in the bill, no more than two felony convictions and four misdemeanor convictions can be expunged during the lifetime of an individual. The bill also specifies which rights of the petitioner, defined in the bill, will not be affected by the implementation of the program.

The bill allows the Governor to issue a directive delaying the implementation of this section for 180 days if the Governor determines that the implementation will be delayed because of technological challenges. The State Highway Patrol will create and maintain an electronically-acccessible record of conviction expunged under this section, and the record will be accessible by every court in the state. The State Highway Patrol will also retain a nonpublic record of the order of expungement or other notification regarding an automatically-expunged conviction. The record will be made available only to a court of competent jurisdiction, an independent department of the judicial branch, the Department of Corrections, a law enforcement agency, a prosecuting attorney, the Missouri Attorney General, or the Governor, upon request and only for specified purposes.

The bill provides circumstances under which an expunged conviction can be reinstated. The bill also creates the "Expungement Fund", and money in the Fund will be used for implementation of the expungement program created in this bill.

Currently, an individual with a terminal illness can be treated with investigational drugs. This bill adds patients that have a debilitating or life-threatening illnesses to the list of patients that can be treated with investigational drugs.

The bill also adds certain substances to the list of offense of possession of a controlled substance.

This bill is the same as HB 1176 (2021).

This bill provides that if a family court participant requires treatment for a qualified medical condition, a family court cannot prohibit such participant from participating in Missouri's Medical Marijuana Program. A family court participant who is a qualified patient with a valid medical marijuana certification shall not be in violation of the terms or conditions of the family court on the basis of his or her participation in Missouri's Medical Marijuana Program. An individual's status as a qualified medical marijuana patient cannot be used to restrict or abridge custodial or parental rights to minor children in any family court proceeding.

This bill is the same as HB 1325 (2021).

This bill authorizes and requires the Office of the Secretary of State to implement a secure electronic signature system for the submission of initiative petition signatures by registered voters.

The system is based on a website hosted and maintained by the Office. The Office will provide a verified voter with a unique identification number and collect identical information as required by existing initiative petition law. The electronic signature process is in addition to existing signature requirements and allows an individual to choose between the electronic signature and personally signing a hard copy of a petition. The Office must mail a postcard advising the individual using the electronic signature website system that he or she has signed the petition and has 10 days to respond with any corrections or objections to the electronic signature.

This bill is the same as HB 265 (2021).

This bill provides that due to the demand for marijuana for medical use in the state, and consistent with its obligation to lift or ease any limit on the number of licenses for medical marijuana cultivations facilities, medical marijuana-infused products manufacturing facilities, and medical marijuana dispensary facilities in order to meet such demand, the Department of Health and Senior Services shall issue a license to any applicant who meets the minimum standards for the license for which the applicant applies. The Department may deny an application for a license that meets the minimum standards in order to comply with the limits on the number of licenses established in the Constitution of Missouri.

The Department shall provide to any committee of the General Assembly, upon request, identifying information of any entities holding licenses as described in the bill. This bill repeals any limits on the number of licenses established pursuant to regulation.

This bill is similar to HB 702 (2021).

This bill establishes the "Right to Try Act". Any licensed health care facility or health care professional may administer medical research treatment, defined as any medication or medical procedure that may lead to a treatment or cure for a specific illness that currently has no treatment or cure, to a patient with a terminal or chronic, incurable illness. In administering such medical research treatment, the health care facility or professional may not charge the patient or patient's insurer for the treatment, must establish eligibility criteria any patient must meet, fully inform the patient of all potential risks, and provide a consent and release form the patient must sign. The patient must present as mentally competent and shall not be required to obtain a referral or preauthorization.

Any health care facility or professional administering medical research treatment pursuant to the provisions of this bill shall maintain detailed documentation as described in the bill. All final research reports, protocols, and treatments shall remain the sole property of the health care facility or professional. All final research data shall be kept on file and open to the public for a minimum of five years.

This bill provides that taxpayers authorized to conduct business under the medical cannabis provisions of the Constitution of Missouri may deduct the amount that would have been deducted from the computation of the taxpayer's federal taxable income if such a deduction were not disallowed under 26 U.S.C. Section 280E, as in effect on January 1, 2022, because of the status of marijuana as a controlled substance under federal law.

This bill is similar to HB 1901 (2022) and HB 877 (2021).

This bill establishes the "Cannabis Freedom Act".

Under the provisions of this bill, taxpayers are authorized to conduct business under the medical cannabis provisions of the Constitution of Missouri or under the provisions of this bill may deduct the amount that would have been deducted from the computation of the taxpayer's federal taxable income if such a deduction were not disallowed under 26 U.S.C. Section 280E, as in effect on January 1, 2022, because of the status of marijuana as a controlled substance under federal law (Section 143.121, RSMo).

For all tax years beginning on or after January 1, 2023, in addition to other deductions allowed by law, a qualified taxpayer, as defined under the bill, may deduct from their Missouri adjusted gross income an amount equal to the amount spent in a given year on a license application fee required under medical cannabis provisions of the Constitution of Missouri. The Department of Revenue shall promulgate all necessary rules and regulations for the administration of this section. This deduction shall sunset six years after the effective date of this bill (Section 143.2200).

No state agency shall disclose to the federal government, any federal government employee, or any unauthorized third party, the statewide list or any individual information of persons who have applied for or obtained a qualifying patient identification card, a qualifying patient cultivation identification card, or a primary caregiver identification card, as those cards are described in Article XIV, Section 1 of the Constitution of Missouri relating to the right to access medical marijuana (Section 191.255).

This bill removes marijuana and tetrahydrocannabinols (THC), as defined, from the list of controlled substances and removes marijuana from the offenses of possession, delivery, distribution, manufacture, and trafficking of a controlled substance (Sections 195.006, 195.017, 579.015, 579.020, 579.030, 579.055, 579.065, and 579.068).

Currently, all owners, officers, managers, contractors, employees, and other support staff of licensed or certified medical marijuana facilities must submit fingerprints to the State Highway Patrol for state and federal criminal background checks. Additionally, the Department of Health and Senior Services may require fingerprint submissions of owners, officers, managers, contractors, employees, and other support staff for licensure authorizing that person to own or work at a medical marijuana facility. This bill provides that only employees, contractors, owners, and volunteers of medical marijuana facilities or facilities subject to the Cannabis Enforcement Authority shall be subject to such fingerprinting. This bill provides a definition of contractor for purposes of the provisions of this section (Section 195.815).

This section establishes the "Cannabinoid Product Labeling Act" and provides that the General Assembly occupies and preempts the field of cannabinoid oil products regulation to the full exclusion of any order, ordinance, or regulation of any political subdivision of the state, with any existing or future orders, ordinances, or regulations becoming void. The bill shall not apply to any hemp extract for which a registration card has been issued under Sections 192.945 to 192.947 or Section 195.207.

This section requires cannabinoid oil products to be labeled and include necessary information, as described in the section. This section specifies that a dealer must not prepare or sell a cannabinoid oil product that is adulterated with a dangerous substance and a such product must only be sold to a person over the age of 21 (Section 196.1173). T

hese sections establish the "Cannabis Freedom Act". The Cannabis Enforcement Authority shall promulgate all necessary rules and regulations for the administration of these sections. The provisions of these sections shall not restrict the rights of employers to maintain a drug and alcohol-free workplace or require any employer to allow or accommodate the use of marijuana. These provisions shall not allow the operation of motor vehicles while impaired by marijuana, or allow individuals under the age of 21 to purchase marijuana . These provisions do not restrict the rights of employers, schools, care facilities, or correctional facilities to prohibit or regulate conduct otherwise allowed under these provisions.

These provisions legalize the possession and consumption of marijuana for personal use, allow for anyone 21 years of age or older to cultivate and possess no more than 12 mature, flowering marijuana plants for noncommercial use, and allows for the sale of marijuana products to consumers 21 years of age or older. The use or possession of marijuana shall not impede a person's legal right to possess a firearm. It shall be lawful for a person 21 years of age or older to transfer or gift marijuana to another adult.

Marijuana farmers, manufacturers, processors, and distributors shall not be subject to special zoning requirements or licensing fees.

Asset or civil forfeiture shall no longer be used in the state in association with legal marijuana cultivation, use, sale, or possession.

A tax shall be levied on the sale of marijuana and marijuana products at a rate not to exceed 12%. All tax revenues collected shall be deposited into the "Cannabis Freedom Fund", as established under the bill, and used to pay for costs associated with the implementation, administration, and enforcement of the provisions of these sections. Excess moneys remaining in the Fund shall be divided equally between teachers' salaries, first responders' pensions, and the Missouri Veterans Commission. These provisions shall not prohibit any state or local sales taxes. Any sale of marijuana for medical use shall not be subject to the tax established herein.

These provisions establish the "Cannabis Enforcement Authority", under the Department of Agriculture. The Authority shall have oversight and auditing responsibilities and shall implement an inventory tracking system. The Authority shall require business records be kept for all transactions. Inventory shall be tracked and updated after each individual sale and reported to the Authority. The Authority shall require a seed-to-sale tracking system that tracks marijuana from either the seed or immature plant stage until the marijuana or marijuana product is sold to a consumer, as described in the bill.

These provisions establish the marijuana business license, which includes annual licenses for the following categories: marijuana commercial growers, marijuana processors, marijuana retailers, marijuana sellers, and marijuana transporters. Grower, processor, retailer, and transporter prospective licensees must first apply for a temporary marijuana business license prior to issuance of an annual license. Such temporary license shall be valid for 180 days, subject to extension, and shall not obligate the Authority to issue an annual license.

The Authority shall develop a website for marijuana business applications. Applications must meet general requirements as provided in the bill and all applicants shall undergo a background check. The Authority shall review, approve or reject, and mail such approval or rejection within 90 days of receipt of the application.

In addition to these general requirements, these provisions also provide for additional requirements for applicants for temporary licenses or renewal of annual licenses. A licensed commercial grower shall sell only at the wholesale level to a licensed retailer, grower, or processor. Licensed commercial growers and processors shall complete and submit monthly yield and sales reports to the Authority, as described in the bill. The Authority shall have oversight and auditing responsibility to ensure all marijuana grown by a licensed commercial grower is accounted for and all marijuana processors producing products with marijuana as an additive are in compliance with the requirements of the bill.

In addition to the application requirements established under these provisions, licensed commercial growers and processors shall demonstrate that they have a bank account and shall provide growth estimates, processing estimates, and predicted electrical and water usage to grow or process marijuana.

The Authority may issue temporary or annual processor licenses based on the level of risk posed by the type of processing being conducted as either a nonhazardous marijuana processor license or a hazardous marijuana processor license. The Authority shall establish standards for licensed processors for the preparation of edible marijuana products.

A marijuana transporter license shall allow the holder to transport marijuana from a Missouri-licensed marijuana retailer, licensed commercial grower facility, or licensed processor facility to a Missouri-licensed marijuana retailer, licensed commercial grower facility, or licensed processing facility. All marijuana or marijuana products shall be transported in a locked container labeled as "Marijuana or Derivative". No business may posses, sell, or transfer marijuana without a valid transporter license. A transporter licensee may contract with multiple marijuana businesses. A transporter licensee shall use the seed-to-sale tracking system promulgated by the Authority. The Authority shall issue transporter agent licenses to individual agents, employees, and owners of a transporter license in order for that individual to qualify to transport marijuana. Such agent license shall be subject to an annual fee of $25. The transportation and inventory tracking of marijuana and marijuana products shall comply with requirements as provided for in the bill.

In addition to failure to meet the requirements established under the bill, grounds for denial for a temporary or annual license shall include: unlawful sales or purchases, fraudulent acts, falsified records or misrepresentation to the Authority, grossly inaccurate or fraudulent reporting, threatening or harming any marijuana patient, caregiver, consumer, medical practitioner, or employee of the Authority, use of prohibited substances for processing in residential areas, and endangering public health and safety.

An entity holding a medical marijuana business license issued by the Department of Health and Senior Services may only apply for a marijuana business license under the provisions of this bill after August 28, 2024. Thereafter, an entity may concurrently submit an application to obtain a license for a medical marijuana dispensary facility and license for a marijuana business.

The Authority shall by rule create a statewide hospitality business license allowing a business, as described in the bill, to sell marijuana or marijuana products at a private event. The Authority shall maintain a list of businesses licensed under these provisions. Such businesses shall submit an application to the Authority with a fee in a form and manner as determined by the Authority. This license shall be valid for two years. Any business that does not have a hospitality business license that knowingly allows guests to consume marijuana on its premises, or a licensed hospitality business that does not comply with the requirements under these provisions, shall be subject to fines and penalties as provided for in the bill.

If marijuana is decriminalized on a federal level, any licensed marijuana business in the state may engage in interstate commerce, and the state may enter into any interstate compact or agreement relating to marijuana (Sections 196.3000 to 196.0348).

No bank, trust company, association, or credit union shall be prohibited, penalized, have any adverse action taken against it, or otherwise discouraged from providing financial services to facilities licensed under the provisions of this bill or under Article XIV, Section 1 of the Constitution of Missouri or to any service provider to such a facilities.

Furthermore, banks, trust companies, associations, and credit unions are permitted to receive the savings of, make loans to, deposit the funds of, and invest funds of customers who operate as a facility licensed under the provisions of this bill or under Article XIV, Section 1 of the Constitution of Missouri. No such institution acting pursuant to this bill shall be liable under state law for contracting with such facilities (Sections 362.105, 369.144, 369.326, 370.064, and 370.070). A family court participant shall not be required to refrain from using marijuana or consuming marijuana in accordance with the provisions of this bill or in accordance with Article XIV, Section 1 of the Constitution of Missouri as a term or condition of successful completion of the family court program.

A family court participant who is a qualified patient with a valid medical marijuana certification or who uses or consumes marijuana in accordance with the provisions of this bill shall not be in violation of the terms or conditions of the family court on the basis of his or her participation in Missouri's medical marijuana program (Section 487.205).

The odor of marijuana alone shall not provide a law enforcement officer with probable cause to conduct a warrantless search of a motor vehicle, home, or other private property (Section 544.186).

Any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered restitution of any person incarcerated, on probation or parole, or other form of community supervision resulting from a conviction of a nonviolent marijuana-related offense shall have such conviction, remaining sentence, ongoing supervision, or unpaid court-ordered restitution vacated if the person files a petition in the court in which the person was convicted of the offense or violation. The lawful possession or use of marijuana shall not result in any punitive action with regard to probation or parole status. No condition of probation or parole shall consist of restricting the possession or use of marijuana, and no revocation or extension of probation or parole shall be imposed as a consequence of the lawful possession or use of marijuana.

Any person who was convicted of a nonviolent marijuana-related offense may petition the court to have such offense expunged so long as the offense or violation was prosecuted under the jurisdiction of a Missouri court and all nonviolent marijuanarelated offenses are listed in the petition of expungement (Sections 559.023, 557.059, and 610.135).

This bill contains penalty provisions.

This bill legalizes the possession and use of marijuana by an individual 21 years of age or older, removes marijuana, tetrahydrocannabinols (THC), and synthetic cannabinoids, as defined, from the list of controlled substances under Section 191.776, RSMo, and amends the definitions of "intoxicated" or "intoxicated condition", "intoxicated-related traffic offense", and "smoking" in relation to cannabis.

Before March 1, 2024, the Division of Tobacco and Alcohol Control shall adopt rules and regulations for the implementation of the provisions of this bill. Such rules and regulations shall include procedures, requirements, qualifications, and fees for the issuance, renewal, suspension, and revocation of a license to operate a cannabis establishment; labeling requirements and health and safety regulations and standards for cannabis products; restrictions on advertising and limiting the number of licenses a single entity may possess to five licenses; and civil penalties for the failure to comply with such rules and regulations. The Division shall begin accepting and processing applications on August 28, 2024.

An individual convicted of an offense in the state involving marijuana prior to the enactment of the provisions of this bill shall have their record automatically expunged for such offense pursuant to a schedule provided for in the bill.

A locality, as defined in the bill, may prohibit the growth, manufacturing, sale, and delivery of cannabis by passing a zoning law or ordinance, but may not prohibit the use or possession of cannabis in any way that is inconsistent with the provisions of this bill or Article XIV of the Constitution of Missouri. Any locality, in addition to state sales tax imposed under the provisions of this bill, may impose a sales tax on the sale of cannabis.

The Division shall develop and maintain a seed-to-sale tracking system to ensure that no cannabis grown or processed by a cannabis establishment is sold or otherwise transferred except by a retail cannabis store.

A tax is levied on the sale of cannabis to consumers or buyers not licensed for resale at a rate not to exceed 15%. All revenues collected from the levy of this tax shall be deposited to the credit of the general revenue. Except as provided under Article XIV of the Missouri Constitution relating to medical marijuana, the sale, giving away, or otherwise suppling of cannabis to any person under the age of 21 shall be a misdemeanor. Except as provided under Article XIV of the Missouri Constitution relating to medical marijuana, an owner or occupant of any property who knowingly allows a person under the age of 21 to possess or use cannabis or knowingly fails to stop a person under the age of 21 from possessing or using cannabis on such property shall be guilty of a class B misdemeanor for a first violation and a class A misdemeanor for any second or subsequent violation.

Any person between the age of 17 and 20 who presents themselves as 21 years of age or older for the purpose of purchasing, asking for, or in any way receiving cannabis, except as authorized by law, shall be guilty of a misdemeanor. Any person 16 years of age or younger who presents themselves as 21 years of age or older for the purpose of purchasing, asking for, or in any way receiving cannabis, except as authorized by law, shall be considered a delinquent child under Chapter 211 and dealt with in accordance with the provisions of that chapter.

An individual attempting to purchase or use cannabis procured from a licensee under the provisions of this bill shall disclose upon request any form of identification as described in the bill to prove the individual is 21 years of age or older to the licensee or to any agent of the Division.

No person who operates any premise where food, beverages, or entertainment is sold or provided may permit the use of cannabis on such premise without holding a valid license. This license shall be in a form and manner as prescribed by the Division. The use of cannabis in a licensed premises shall be as provided under subsection 3 of Section 311.480 as it relates to intoxicating liquor. Any premise operated in violation of the provisions of this bill shall be declared a public and common nuisance and the Division and the relevant prosecuting attorney shall enjoin the nuisance. Any person knowingly operating such premise in violation of the provisions of this bill shall be guilty of a class A misdemeanor.

No cannabis may be served or sold on any premise used as a polling place on election day.

The Division shall promulgate rules for voluntary self-exclusion whereby an individual may voluntary exclude themselves from the sale of cannabis and placed on a self-exclusion list. All sellers of cannabis shall have access to the list. Any person who sells cannabis to a person who is on the self-exclusion list shall be guilty of a class A misdemeanor.

This bill establishes the "Adult Use Act". The Act legalizes the possession and use of marijuana by an individual 21 years of age or older who purchases the marijuana from a licensed marijuana establishment, as described in the bill. This bill removes possession of marijuana as a criminal offense. The unlawful delivery or manufacturing of marijuana remain classified as criminal offenses based on the amount of marijuana involved as specified in the bill.

A person, employer, school, hospital, detention facility, corporation, or any other entity shall not be restricted from prohibiting or otherwise regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in their property.

An individual 21 years of age or older may possess up to three pounds of marijuana, or its equivalent of marijuana concentrate or THC by weight, and consume marijuana, including outdoors or within consumption lounge, as defined, in a manner that does not endangers others.

Before July 1, 2024, The Division of Alcohol and Tobacco Control shall adopt rules and regulations necessary for the implementation of the provisions of this bill. Such rules and regulations shall provide for the procedures, requirements, and fees for the issuance, renewal, suspension, and revocation of a license to operate a marijuana establishment. For an applicant for a license to operate a marijuana establishment that qualifies as a social equity applicant, as defined, any initial license application fee shall be waived and the social equity applicant shall be required to reimburse the Division 50% of the fee within one year of licensure.

The Division shall begin accepting and processing applications on October 1, 2023. The Division shall issue a license between 45 and 90 days from receipt, or, if denied, notify the applicant in writing within 14 days of the denial.

This bill establishes the "Adult Use Fund". A tax is levied on the sale of marijuana or transfer of marijuana by a cultivation facility to a product manufacturing facility or to a retail marijuana store at a rate of 12% to be deposited into the Fund. The Department of Revenues shall direct the Division to establish procedures for the collection of all taxes levied, as described in the bill. Additionally, state and local sale taxes may be imposed under state and local sale tax law not to exceed 24%. Any person possessing marijuana in violation of the provisions of this bill shall be subject to a fine of $4,000 for a first violation, $8,000 for a second violations, and $12,000 for third and any subsequent violations.

Any individual convicted within the state of an offense involving marijuana prior to the enactment of this bill shall have such conviction automatically expunged pursuant to a schedule as provided in the bill.

Any individual charged with an offense involving marijuana prior to the enactment of this bill shall have such charges immediately dismissed. For any conviction, remaining sentence, ongoing supervision, or unpaid court-ordered restitution of any person as of the enactment of this bill resulting from an individual's conviction of an offense involving marijuana and such offense has been expunged under the provisions of this bill shall have such conviction, remaining sentence, ongoing supervision, or unpaid court-ordered restitution vacated by operation of law.

The Department of Health and Senior Services, in conjunction with the Division of Workforce Development, shall establish a six-week training program for any individual whose conviction, remaining sentence, ongoing supervision, or unpaid court-ordered restitution has been vacated by operation of law under the provisions of this bill.

This bill is similar to HB 325 (2021).

Currently, initiative petitions proposing amendments to the Constitution shall be signed by 8% of the legal voters in twothirds of the Congressional districts in the state. Initiative petitions proposing laws shall be signed by 5% of such voters.

Upon voter approval, this proposed Constitutional amendment requires that signatures of the legal voters for either amendments or statutory law changes shall represent every Congressional district in the state. The percentage requirements are unchanged.

This bill is the same as HJR 2 (2021).

Upon voter approval, this proposed Constitutional amendment would require a two-thirds vote to amend the state Constitution using an initiative proposed amendment, and stipulate that such amendments become effective 30 days after the election at which they are approved.

Signatures for initiative petitions of all types will be collected in every Congressional district in the state.

This bill is similar to HJR 9 (2021).

Upon voter approval, this proposed Constitutional amendment requires Constitutional amendments submitted by initiative petition to be approved by a majority of registered voters. Registered voters are defined in terms of persons allowed to vote at the most recent general, municipal, or primary election proceeding the amendment vote.

The resolution has ballot language proposed by the General Assembly under Chapter 116 for submission to the voters.

This bill is the same as HJR 25 (2021).

Upon voter approval, this proposed Constitutional amendment would require an amendment to the state Constitution to achieve a two-thirds supermajority vote for passage. Amendments of all types will take effect 30 days after the election if approved.

The resolution specifies that the Constitutional phrase "legal voter" is defined as an individual who is a citizen of the United States, a resident of Missouri, and who is properly registered to vote.

The resolution also requires petition signatures to place a measure on the ballot as a Constitutional amendment to be collected in each Congressional district using a percentage requirement of 10%.

The resolution contains ballot language submitted to the voters under Chapter 116, RSMo.

This bill is the same as HJR 20 (2021).

Upon voter approval, this proposed Constitutional amendment would require an amendment referred to the people by the General Assembly to achieve a majority vote for passage and an amendment referred to the people by initiative petition to achieve a two-thirds supermajority vote for passage. Amendments of any type will take effect 30 days after the election if approved.

This bill is the same as HJR 26 (2021).

Currently, initiative petitions proposing amendments to the Constitution shall be signed by 8% of the legal voters in twothirds of the Congressional districts in the state.

Upon voter approval, this proposed Constitutional amendment requires that 10% of signatures of the legal voters shall be required and shall represent every Congressional district in the state.

The requirement for laws proposed by the initiative will be 5% of the signatures of the legal voters in every Congressional district in the state.

This bill is the same as HJR 27 (2021).

SS/SCS/HCS/HJR 79 - This constitutional amendment, if approved by the voters, provides that voters in each congressional district shall have the opportunity to review and comment upon all initiative petitions proposing amendments to the constitution following the filing of the petition with the Secretary of State and not less than 15 days before the measure appears on the ballot. Such review and comment process shall be administered by the Secretary of State in a public forum. Additionally, only citizens of the United States who are residents of the State of Missouri and properly registered to vote shall be considered legal voters for purposes of signing initiative petitions.

Current law provides that constitutional amendments shall take effect when approved by a simple majority of the votes cast thereon prior to taking effect. This constitutional amendment requires all constitutional amendments that would impose or increase taxes or fees, or obligate the state to appropriate funds of $10 million or more in any of the first five fiscal years after enactment to be approved by at least 60% of the votes cast thereon.

Upon voter approval, this proposed Constitutional amendment legalizes marijuana use for persons 21 years of age or older subject to state regulation, taxation, and local ordinances. The legal adult use of marijuana should be regulated so that only legitimate businesses conduct sales of marijuana; marijuana sold in this state shall be subject to testing, labeling, and regulation; employers retain their rights to maintain drug-and-alcohol-free places of employment; selling, transferring, or providing marijuana to individuals under 21 years of age remains illegal; and driving, flying, or boating while impaired by cannabis remains illegal.

This bill establishes the "Smarter and Safer Missouri Act" which requires marijuana be removed from the state's list of controlled substances, no longer be listed among the state's drug schedules, and no longer be considered a controlled substance or drug. This bill shall not restrict the right of employers to maintain drugand-alchohol-free workplaces or enact workplace policies promoting the same; allow driving, flying, or boating while impaired by marijuana; allow individuals under the age of 21 to purchase, possess, transport, or consume marijuana; or restrict employers, businesses, schools, day care centers, care and health care facilities, and correctional facilities to prohibit or regulate conduct otherwise allowed under the provisions of this bill.

It shall be lawful to possess, consume, cultivate, harvest, process, manufacture, package, distribute, transfer, display, or possess marijuana, marijuana accessories, or marijuana products for commercial purposes, provided the person has current applicable licensing to operate a commercial establishment. No other special licensing shall be required.

Marijuana farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement or licensing fee that is excessive, discriminatory, prohibitive, or in any way contrary to that which is relative to other commercial or agricultural farmers, manufacturers, processors, or distributors.

Medical marijuana shall be available to patients who have a physician's recommendation for its use, with the same rights and privileges afforded any other patient. A physician shall not be penalized for or restricted from recommending or providing marijuana for medical purposes.

State law enforcement and courts shall protect marijuana users and their property without discrimination. The use of marijuana by a person over the age of 21 shall not be grounds for issuing a driving under the influence stop, charge, arrest, or fine when riding as a passenger of a motor vehicle. No state funds or law enforcement personnel shall be used to assist or aid in the enforcement of federal marijuana laws involving acts no longer illegal under the provisions of this bill. All persons in prison or under supervision for non-violent marijuana offenses no longer illegal under the provisions of this bill shall be released, with the courts to provide for the expungement of civil and criminal records pertaining to such offenses.

This bill creates the "Smarter and Safer Missouri Fund", which shall be funded by a tax levied and collected on the sale of marijuana with all revenues collected to be deposited into the Fund.

All provisions of this section shall supersede any conflicting city, county, or state statutory, local charter, ordinance, or resolution.

This bill repeals the current Constitutional language relating to medical marijuana.

The provisions of this bill shall take effect on January 31, 2024.

This bill is similar to HJR 30 (2021).

Upon voter approval, this proposed Constitutional amendment would require that initiative petitions for proposed amendments to the Constitution be signed by 10% of legal voters in each Congressional district in the state and that initiative petitions proposing laws be signed by 5% of such voters.

Upon voter approval, this proposed Constitutional amendment would require the sponsor(s) of initiative petitions proposing Constitutional amendments or laws to collect signatures in every Congressional district. Legal voters will be defined as registered to vote in Missouri, residents of Missouri, and citizens of the United States. Amendments proposed by the General Assembly or the initiative petition process will take effect 30 days after the election at which they are approved.

Initiative petitions proposing constitutional amendments will be subject to public hearing and a process similar to bill passage by the General Assembly. If the General Assembly approves a petition without change, then the sponsor(s) may submit it to the Secretary of State to be placed on the ballot at the next general election. If the General Assembly amends, or does not pass a petition, then the sponsor(s) may decide whether to place the amended version or the original unamended version on the ballot at the next general election. The standard for passage of all constitutional amendments of any type will be a two-thirds majority vote. However, repealing existing Constitutional provisions in whole or in part, that were approved prior to December 10, 2022, shall require only a majority vote for passage.

Time limits for the General Assembly review of initiative amendments are specified and sponsors will be able to submit petitions during either session of the General Assembly prior to the general election occurring every two years in November.

The resolution contains ballot language submitted by the General Assembly.

This bill is similar to HCS HJR 22 (2021).

Upon voter approval, this proposed Constitutional amendment will require initiative petitions proposing amendments to be signed by 10% of legal voters registered to vote in each Congressional district. Initiative petitions proposing laws will remain subject to a 5% voter requirement. Referendum petitions placing a law passed by the General Assembly to a public vote will be subject to the same requirements for ballot placement and will remain subject to majority vote. Voters must be citizens of the United States and registered to vote in Missouri.

Petition circulators must be Missouri residents and may be paid in any manner except by per signature payment. Verification of this requirement is provided in the resolution.

The resolution also changes the majority vote requirement for Constitutional amendments proposed by either the General Assembly or the initiative process to a two-thirds majority vote requirement. If passed, an amendment will take effect 30 days after the election.

Upon voter approval, this proposed Constitutional amendment would modify the state Constitution to require a two-thirds vote for the approval of any new Constitutional amendments whether proposed by the initiative petition or the General Assembly. If an amendment is successful at an election, then it will take effect 30 days after the election.

Upon voter approval, this Constitutional amendment requires that initiative petitions placed on the ballot must state the revenue or funding source, outside of general revenue, for any obligations proposed by the initiative petition.

The General Assembly shall only be required to allocate funds from the stated revenue or funding source, and these funds shall not stand as appropriated.

This bill is similar to HJR 122 (2020).

Upon voter approval, this proposed Constitutional amendment clarifies that only citizens of the United States are eligible to vote. The resolution requires that voters cast a single vote for each office or issue. Additionally, it requires that the plurality winner of any political party primary election be the only candidate for that political party on the ballot at the General Election.

The resolution also requires the use of paper ballots and voting records which are preserved for use in any election audit. Voting machines will be tested and certified as secure under federal standards prior to each election.

The resolution has ballot language submitted by the General Assembly under Chapter 116, RSMo.

Upon voter approval, this proposed Constitutional amendment requires that any Constitutional amendment must receive both a majority of statewide votes and a majority vote in more than onehalf of the State House of Representative Districts in order to become effective.

These requirements would also apply to Constitutional changes or amendments proposed during a Constitutional convention held under article XII, section 3(c) of the Constitution of Missouri.

The resolution contains ballot language submitted by the General Assembly under Chapter 116, RSMo.

Upon voter approval, this proposed resolution requires that any initiative proposed by the people for a Constitutional amendment will require a majority vote of registered voters in the state to become effective. The registered voter total for passage is derived by defining such voters as the number of registered voters entitled to vote in the general, municipal, or primary election immediately preceding the election at which the proposed Constitutional amendment is to appear on the ballot.

Constitutional amendments proposed by the General Assembly will continue to require a majority of votes cast at the requisite election.

This resolution has ballot language provided by the General Assembly under Chapter 116, RSMo.

This resolution is similar to HJR 70 (2022).

Currently, funds of the Missouri Veterans' Health and Care Fund under Article XIV of the Missouri Constitution stand appropriated without further legislative action. Upon voter approval, this proposed Constitutional amendment would subject disbursements of such funds to appropriation by the General Assembly.

Further, this Constitutional amendment provides that funds distributed to the Department of Health and Senior Services under Article XIV may not exceed 2% of the taxes and fees collected. Use of such funds shall be expanded to provide disbursements for construction of additional veterans homes and suicide prevention.

SB 687 - This act modifies provisions regarding the expungement of records.

INFORMATION FROM THE MISSOURI CENTRAL REPOSITORY (SECTIONS 43.504 AND 43.507)

Under current law, the sheriff of any county or the City of St. Louis and judges of the circuit courts may make available to private entities responsible for probation supervision information obtained from the Missouri Central Repository. When the term of probation is completed or the information is no longer needed related to the probation, the records shall be returned to the court or destroyed.

Under this act, the sheriff of any county or the City of St. Louis and judges of the circuit courts may also make available to expungement clinics or legal aid organizations, as defined in the act, information obtained from the Missouri Central Repository.

Additionally, under current law, all criminal history information in the possession or control of the Missouri Central Repository, except criminal intelligence and investigative information, may be made available to qualified persons and organizations for research, evaluative, and statistical purposes under certain written agreements for use of the information.

This act adds that pro-bono clinics and legal aid organizations seeking to expunge criminal records of petitioners at no-charge, shall also have access to all criminal history information in the possession or control of the Missouri Central Repository, except for criminal intelligence and investigation. Pro-bono clinics and legal aid organizations shall not be subject to provisions provided in the act regarding the deletion of uniquely identifiable criminal history information of individuals.

These provisions are identical to provisions in SCS/SB 61 (2021) and substantially similar to provisions in SB 519 (2020).

EXPUNGEMENT OF CRIMINAL RECORDS (SECTION 610.140)

Under this act, offenses, violations, or infractions are committed as part of the "same course of criminal conduct” for purposes of expungement petitions if they:

• Arose under the same criminal statute;
• Involve conduct that is the substantial equivalent of any offense, violation, or infraction sought to be expunged; or
• Occur within a time period suggesting a common connection between the offenses, not exceeding one year.

Under current law, certain offenses, violations, and infractions are not eligible for expungement. This act adds that any offense that at the time of conviction requires registration as a sex offender is not eligible for expungement. Additionally, 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 changes the provision regarding any offense of unlawful use of weapons as not eligible for expungement to any "felony” offense of unlawful use of weapons is not eligible.

This act also modifies the criteria for a petition to expunge records. Under current law, in order to file a petition, it must be at least seven years if the offense is a felony or at least three years if the offense is a misdemeanor from the date the petitioner completed any authorized disposition. This act changes the time limitations to three years if the offense is a felony and one year if the offense is a misdemeanor.

This act adds to the provisions regarding the evidence the court may consider and hear. Under this act, the court may hear testimony regarding violations of certain misdemeanor or felony offenses, however, the court may not hear evidence of violations of registration and licensing of motor vehicles, drivers' and commercial drivers' licenses, motor vehicle financial responsibility law, traffic regulations, and vehicle equipment regulations.

This 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.

Under current law, a person who has been granted an expungement of records pertaining to a misdemeanor or felony offense, an ordinance violation, or an infraction may answer "no" to an employer's inquiry into whether the person has ever been convicted of a crime. This act modifies the provision to include any person who has ever been arrested, charged, or convicted of a crime may answer "no" to an employer's inquiry.

These provisions are identical to provisions in SCS/SB 61 (2021) and similar to SB 519 (2020) and SB 952 (2020).

SB 688 - A tax credit for a portion of qualified research expenses, as defined in federal law, expired on December 31, 2004. This act reauthorizes such tax credit, which shall be equal to 15% of qualified research expenses, or 20% of qualified research expenses if done in conjunction with a public or private college or university located in this state, as described in the act. Tax credits shall not be issued for any qualified research expenses that exceed 200% of the taxpayer's average qualified research expenses incurred during the three immediately preceding tax years. Tax credits issued under the act shall not be refundable, but may be carried forward for the twelve succeeding tax years, and may be transferred, sold, or assigned. A taxpayer shall not receive tax credits in excess of $300,000 in a calendar year.

This act also authorizes a sales tax exemption for the purchase of qualified research and development equipment and property, as defined in the act.

Tax credits issued under the act shall not exceed ten million dollars in any year, provided that five million dollars of such tax credits shall be reserved for minority business enterprises, women's business enterprises, and small businesses, as defined in the act.

The provisions of this act shall sunset on December 31, 2028, unless reauthorized by the General Assembly.

This act is substantially similar to SCS/SB 545 (2021) and HCS/HB 690 (2021), and to a provision contained in SS/SCS/SB 354 (2021).

SCS/SB 716 - This act allows any entity that operates as a medical marijuana facility licensed or certified under Article XIV, Section 1 of the Constitution of Missouri to request in writing that a state or local licensing authority or agency, including but not limited to the Department of Health and Senior Services or Department of Revenue, share the entity's application, license, or other regulatory and financial information with a banking institution. Such written request must include a waiver giving authorization for the transfer of the individualized data, information, or records and waiving any confidentiality or privilege that applies to that individualized data, information, or records. A state or local licensing authority or agency is permitted to share the entity's information with the banking institution's state and federal supervisory agencies as well.

This act is identical to SCS/SB 489 (2021).

SB 774 - This act creates the "Kratom Consumer Protection Act". Any dealer, as such term is defined in the act, preparing, distributing, selling, or exposing for sale a food represented to be a kratom product shall disclose on the product label the factual basis upon which the representation is made. Such dealer shall not prepare, distribute, sell, or expose for sale a kratom product: (1) adulterated with a dangerous non-kratom substance, including a substance that affects the quality or strength of the kratom product so as to render the product injurious to a consumer; (2) contaminated with a dangerous non-kratom substance, including a substance that is poisonous or otherwise deleterious; (3) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; (4) containing any synthetic alkaloids; or (5) does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product.

A dealer shall not distribute, sell, or expose for sale a kratom product to an individual under 18 years of age.

A dealer who violates certain labeling provisions of this act may be assessed a fine as specified in the act and a dealer who violates other provisions, including sales to minors and sales of contaminated or adulterated kratom products, shall be guilty of a Class D misdemeanor. Such dealer may also be subject to a civil cause of action by any aggrieved person for damages incurred.

This act shall preempt any existing or future order, ordinance, or regulation of kratom by any political subdivision of this state.

This act is identical to the perfected HCS/HB 350 (2021) and substantially similar to HB 2061 (2020), provisions in HCS/SS/SB 580 (2020), and HCS/SCS/SB 662 (2020).

SB 793 - This act provides that if a person has been convicted after December 31, 1997 and before August 28, 2022, of the offense of possession of marijuana in an amount of 35 grams or less, the court has an affirmative duty to expunge such conviction from all officials records.

Beginning August 28, 2022, any person convicted of the offense of possession of marijuana in an amount of 35 grams or less shall have such conviction expunged. All official records shall be expunged by the court on the day the person is convicted.

This act is substantially similar to SB 190 (2021) and HB 1385 (2020).

SB 794 - Under this act, a family court shall not prohibit a family court participant from participating in the state's medical marijuana program, including as a term or condition of successful completion of the family court program. A participant with a valid medical marijuana certification shall not be in violation of the terms or conditions of the family court on the basis of his or her participation in the medical marijuana program. Finally, the status and conduct of a qualified patient acting in accordance with the constitutional provisions relating to medical marijuana shall not, by itself, be used to restrict or abridge custodial or parental rights to minor children in a family or juvenile court proceeding.

This act is identical to SB 357 (2021) and substantially similar to HB 2723 (2020).

SB 807 - This act allows taxpayers authorized under the Missouri Constitution to operate a business related to medical marijuana to claim an income tax deduction in an amount equal to any expenditures otherwise allowable as a federal income tax deduction, but that are disallowed for federal purposes because cannabis is a controlled substance under federal law.

This act is identical to SB 436 (2021) and is substantially similar to HB 877 (2021) and to a provision contained in CCS/HCS/SB 226 (2021) and HCS/SS/SB 283 (2021).

SS/SB 812 - This act modifies various provisions relating to elections.

Electronic Transfer of Voter Registration

(Sections 115.151, 115.160, and 115.960)

This act requires the use of electronic voter registration application forms by the Director of Revenue. The Director must additionally provide for the secure electronic transfer of voter registration information to election authorities in the manner described in the act. Election authorities are required to accept and process such records. All voter registration information sent electronically to the election authorities shall be printed out by the election authorities and retained for a period of at least two years.

The act requires voter registration application forms to be transmitted to the appropriate election authority not later than 3, rather than 5, business days after the form is completed by the applicant.

Any person who, at the time of a transaction with the Division of Motor Vehicle and Drivers Licensing, provides a document that establishes non-citizenship shall not be offered the opportunity to register to vote as part of the transaction.

The act repeals a provision that requires the SOS to maintain a system for accepting voter registration applications electronically.

This act is identical to a provision in SCS/SB 654 (2022) and substantially similar to SB 887 (2022), SB 587 (2021), certain provisions in HCS/SS/SB 46 (2021), certain provisions in HCS/SS/SCS/SB 4 (2021), and certain provisions in HCS/SB 38 (2021), HB 372 (2021), and certain provisions in HS/HCS/HB 738 (2021).

Mail-in Ballots and Absentee Voting Due to COVID-19

(Sections 115.277 to 115.302)

Expired provisions are repealed relating to the use of mail-in ballots for the 2020 general election and absentee voting during the 2020 general election for voters who have contracted COVID-19 or who are at risk of contracting or transmitting COVID-19.

These provisions are identical to certain provisions in SCS/SB 654 (2022).

Ballot Summaries for Constitutional Amendments Proposed by the General Assembly

(Section 116.160)

Under this act, if the General Assembly adopts a joint resolution proposing a constitutional amendment or statutory measure to be referred to the people that includes an official summary statement, the statement shall appear on the ballot, and no court shall have the authority to rewrite or edit the summary statement or ballot language.

This act is identical to the perfected HB 850 (2021).

SB 856 - Current law provides that the Missouri Development Finance Board shall be composed of twelve members. This act adds four additional members to the Board. Two members shall be members of the Senate, one of which shall be from the majority party appointed by the President Pro Tempore and one of which shall be from the minority party appointed by the minority leader. The remaining two members shall be members of the House of Representatives, one of which shall be from the majority party appointed by the Speaker of the House and one of which shall be from the minority party appointed by the minority leader.

This act is identical to a provision contained in SCS/SB 466 (2021) and is substantially similar to SB 469 (2021).

SB 862 - This act modifies and creates several new provisions relating to the initiative and referendum process.

STANDARDIZED SIGNATURE SHEETS

(Sections 116.030 to 116.130)

The act standardizes the use of signature sheets for purposes of initiative and referendum petitions by requiring the Secretary of State to prescribe forms for such sheets. Such sheets shall be made available in an electronic format and used for all initiative and referendum petitions. Furthermore, signatures in ink other than black or blue will not be counted.

FILING OF SAMPLE SHEETS

(Sections 116.050 and 116.332)

This act requires that on each page of a proposed measure, the text of the measure shall be in 12-point Times New Roman font with one inch margins. Furthermore, no initiative petition shall declare any federal law or court decision to be void or in violation of the United States Constitution, amend any federal law or the United States Constitution, or accomplish an act that the United States Constitution requires to be accomplished by the General Assembly.

The act stipulates that sample initiative sheets shall be filed no earlier than 12 weeks following a general election.

FILING FEE

(Section 116.050)

The Secretary of State is required to collect a fee of $500 for each petition sample sheet filed with its office, with an additional $25 fee for each page that the measure exceeds ten pages. Fees shall be refunded if the measure is certified for the ballot.

SUMMARY STATEMENTS AND SAMPLE BALLOTS

(Sections 116.160, 116.230, and 116.334)

Current law provides that the official summary statement prepared by the Secretary of State for an initiative petition shall contain no more than 100 words and for a measure proposed by the General Assembly no more than 50 words, excluding articles. This act provides that both such statements shall contain no more than 150 words total. Furthermore, the act requires each sample ballot prepared by the Secretary of State to contain the words "Shall the measure summarized be approved?" with options to vote yes or no.

DUTIES OF ATTORNEY GENERAL AND SECRETARY OF STATE

(Sections 116.332 and 116.334)

Current law requires the Attorney General and the Secretary of State to each review an initiative petition only as to form and approve or reject the petition based on compliance with the procedural requirements of the law. This act specifies that both the Attorney General and the Secretary of State shall review each petition for compliance with statutes regulating initiative petitions as well as Article III, Sections 28, 49, 50, 51 and 52(a) of the Missouri Constitution.

COURT-ORDERED CHANGES TO BALLOT TITLE

(Section 116.334)

The act provides that in the event of a court-ordered change to the official ballot title, all signatures gathered prior to the change shall be invalidated.

PETITION PUBLICATIONS FUND

(Section 116.270)

The act creates the Secretary of State's Petition Publications Fund. The purpose of the fund is to pay any refunds to persons submitting petitions that become certified and to also pay publication expenses incurred in submitting statewide ballot measures to the voters.

This act is identical to SB 149 (2021) and substantially similar to SB 522 (2020) and similar to SCS/SB 5 (2019), HB 290 (2109),SS/SCS/SB 893 (2018), and HCS/HB 1289 (2018).

This act has a delayed effective date of November 9, 2022.

SS/SCS/SB 931 - This act modifies provisions relating to corporations.

INVESTMENTS IN CERTAIN COMPANIES

Under this act, the State of Missouri, the political subdivisions thereof, and any retirement system established by the state or any political subdivision are prohibited from contracting with or investing in individuals, partnerships, corporations, or other legal entities investing or doing business with Russia. Existing contracts shall not be renewed and shall be cancelled or divested as soon as prudently possible. (Section 30.267)

This provision is substantially similar to SB 1239 (2022), SB 686 (2018), and SB 308 (2017).

MISSOURI DISASTER FUND

This act allows rural electric cooperatives, as defined in the act, to receive funds from the Missouri Disaster Fund. (Section 44.032)

This provision is identical to a provision in the perfected HCS/HB 1734 (2022).

S CORP AND LLC CAMPAIGN CONTRIBUTIONS

The act permits any limited liability company that has not elected to be classified as a corporation under federal law to make campaign contributions to any committee, provided such limited liability company has been in existence for at least one year prior to making such contribution and such entity submits a form to the Missouri Ethics Commission indicating that such LLC is a legitimate business with a legitimate business interest and is not created for the sole purpose of making campaign contributions. (Section 130.029)

S CORP TAX CREDIT

Current law authorizes a tax credit for the amount of income tax paid to another state for income that is also taxed in this state. This act allows such tax credit to be claimed by resident shareholders of an S corporation for the amount of tax imposed by this state on income earned in another state but not taxed by such state. (Section 143.081)

This provision is identical to SB 410 (2021).

MARIJUANA BUSINESS EXPENSES INCOME TAX DEDUCTION

This act allows taxpayers authorized under the Missouri Constitution to operate a business related to medical marijuana to claim an income tax deduction in an amount equal to any expenditures otherwise allowable as a federal income tax deduction, but that are disallowed for federal purposes because cannabis is a controlled substance under federal law. (Section 143.121)

This act is identical to SB 436 (2021) and to a provision contained in SS/SB 807 (2022), and is substantially similar to HB 877 (2021) and to a provision contained in CCS/HCS/SB 226 (2021) and HCS/SS/SB 283 (2021).

SALT PARITY ACT

This act establishes the "SALT Parity Act".

Current law provides that, in lieu of a corporate income tax on a pass-through entity, shareholders of such pass-through entity shall pay income tax on the shareholder's pro rata share of the entity's income attributable to Missouri. For tax years ending on or after December 31, 2022, this act allows the pass-through entity to elect to pay the tax, as described in the act. The tax shall be equal to the sum of each member's income and loss items, as described in federal law, reduced by a deduction allowed for qualified business income, as described in federal law, and modified by current provisions of state law relating to the taxation of pass-through entities, with such sum multiplied by the highest rate of tax in effect for the state personal income tax.

A nonresident who is a member, as defined in the act, shall not be required to file a tax return for a tax year if, for such tax year, the only income derived from this state for such member is from one or more affected business entities, as defined in the act, that has elected to pay the tax imposed under this act.

Each partnership and S corporation shall report to each of its members, for each tax year, the member's pro rata share of the tax imposed by this act.

Each taxpayer, including part-year residents, that is subject to the state personal income tax shall be allowed a tax credit if such taxpayer is a member of an affected business entity that elects to pay the tax imposed by this act. The tax credit shall be equal to the taxpayer's pro rata share of the tax paid under this act. Such tax credit shall be nonrefundable, but may be carried forward to subsequent tax years, except that a tax credit authorized for taxes paid to other states shall not be carried forward.

Each corporation that is subject to the state corporate income tax shall be allowed a tax credit if such corporation is a member of an affected business entity that elects to pay the tax imposed by this act. The tax credit shall be equal to the corporation's pro rata share of the tax paid under this act. Such tax credit shall be nonrefundable, but may be carried forward to subsequent tax years.

Partnerships and S corporations may elect to pay the tax imposed under this act by submitting a form to be provided by the Department of Revenue. A separate election shall be made for each tax year. Such election shall be signed either by each member of the electing entity, or by any officer, manager, or member of the electing entity who is authorized to make such election and who attests to having such authorization under penalty of perjury.

An affected business entity shall designate an affected business entity representative for the tax year to act on behalf of the affected business entity in any action required or permitted to be taken by an affected business entity pursuant to this act, a proceeding to protest taxes, an appeal to the Administrative Hearing Commission, or review by the judiciary with respect to such action, and the affected business entity's members shall be bound by those actions. (Section 143.436)

This provision is identical to SB 1154 (2022).

NAMES OF LIMITED LIABILITY COMPANIES

The act prohibits the name of any dissolved or canceled LLC from being used by any other for a period of one year following the dissolution or cancellation. (Section 347.020)

This provision is identical to a provision in SCS/SB 877 (2022), SCS/SB 286 (2021) and SCS/HCS/HB 162 (2021).

LIMITED LIABILITY COMPANIES - INFORMATION STATEMENTS

Every limited liability company (LLC) and foreign limited liability company (foreign LLC) is required to file an information statement with the Secretary of State (SOS) once every 5 years, accompanied by a fee of $15, or $5 if filed electronically. The SOS is permitted to administratively cancel the articles of incorporation of an LLC or the registration of a foreign LLC for failure to timely file an information statement. The act provides procedures for allowing a foreign LLC to apply to the SOS to have its registration reinstated following such a cancellation. Procedures are also created allowing an LLC to apply for reinstatement following the erroneous or accidental filing of a notice of winding up or notice of termination. (Sections 347.044, 347.179, 347.183)

These provisions are identical to provisions in SCS/SB 877 (2022) and are substantially similar to provisions in SCS/SB 286 (2021) and SCS/HCS/HB 162 (2021).

INVOLUNTARY DISSOLUTION OF LLCS

The modifies the procedure by which a court may decree dissolution of an LLC. Specifically, the court may issue such a decree if it determines:

It is not reasonably practicable to carry on the business in conformity with the operating agreement;

Dissolution is reasonably necessary for the protection of the rights or interests of the complaining members;

The business of the limited liability company has been abandoned;

The management of the limited liability company is deadlocked or subject to internal dissension; or

Those in control of the limited liability company have been found guilty of, or have knowingly countenanced, persistent and pervasive fraud, mismanagement, or abuse of authority. (Section 347.143)

This provision is identical to a provision in SCS/SB 877 (2022).

FILING FEES

The act reduces various filing fees imposed on LLC's and partnerships for filing certain documents with the SOS and provides for reduced fees for filing certain documents in an electronic format. Additionally, the act creates the following new fees:

A fee of $95 for filing a withdrawal of an erroneously or accidentally filed notice of winding up or articles of termination;

A fee of $10 for a filing relating to a limited liability series an additional fee of ten dollars for each series effected or $5 if filing online in an electronic format prescribed by the secretary; and

A fee of $95 for filing an application for reinstatement or $45 for filing online in an electronic format prescribed by the secretary. (Sections 347.179, 347.183, 358.460, and 358.470)

These provisions are identical to provisions in SCS/SB 877 (2022) and are substantially similar to provisions in SCS/SB 286 (2021) and SCS/HCS/HB 162 (2021).

SERIES LLCs

For purposes of Series LLCs, the maximum number of designated series that can be affected by a single filing made with the Secretary of State is 50. (Section 347.186)

This provision is identical to a provision in SCS/SB 877 (2022) and SCS/HCS/HB 162 (2021).

MEDICAL MARIJUANA FACILITIES

This act allows any entity that operates as a medical marijuana facility licensed or certified under Article XIV, Section 1 of the Constitution of Missouri to request in writing that a state or local licensing authority or agency, including but not limited to the Department of Health and Senior Services or Department of Revenue, share the entity's application, license, or other regulatory and financial information with a banking institution. Such written request must include a waiver giving authorization for the transfer of the individualized data, information, or records and waiving any confidentiality or privilege that applies to that individualized data, information, or records. A state or local licensing authority or agency is permitted to share the entity's information with the banking institution's state and federal supervisory agencies as well.

This provision is identical to SCS/SB 716 (2022) and SCS/SB 489 (2021).

CHARITABLE ORGANIZATIONS

Under this act, the state shall not impose any additional annual filing or reporting requirements on a charitable organization that are more stringent, restrictive, or expansive than the report already required to be submitted to the Attorney General's office unless such filing or report is specifically required by federal law.

This act shall not apply to labor organizations, state grants or contracts, or investigations by the Attorney General of charitable organizations as set forth in state statute. (Section 407.475)

This provision is identical to SCS/SB 968 (2022) and is substantially similar to HB 1490 (2022), provisions in CCS/HCS/SS/SB 333 (2021), and to HB 245 (2021).

RESTRICTIVE COVENANTS

This act modifies provisions relating to covenants between business entities and employees, distributors, dealers, franchisees, lessees, licensees, or owners or sellers of assets or interests in a business entity.

Currently, a covenant regarding solicitation, hiring, or otherwise interfering with an employee is enforceable if certain criteria are met. This act modifies that provision and requires that a covenant between an employer and an employee promising not to solicit, recruit, hire, induce, persuade, encourage, or otherwise interfere with an employee is enforceable if the covenant is between employers and employees, excluding secretarial or clerical employees with no interest in the business entity, and the post-employment or post-business duration is no more than two years. Additionally, a covenant regarding interference with an employee shall be conclusively presumed to be reasonable if its post-employment or post-business duration is no more than two years, instead of one year.

This act provides that a reasonable covenant in writing promising not to solicit, induce, persuade, encourage, accept business from, or otherwise interfere with, directly or indirectly, a business entity's customers shall be enforceable if the following requirements are met:

(1) The covenant is limited to customers with whom the employee dealt, as defined in the act; and

(2) The covenant between a business entity and an employee is not associated with the sale or ownership of assets or any interest in a business entity and does not continue for more than two years following the end of employment;

(3) The covenant between a business entity and a distributor, dealer, franchisee, lessee of real or personal property, or licensee of a trademark, trade dress, or service mark is not associated with the sale or ownership of assets or any interest in a business entity and does not continue for more than three years following the end of the business relationship; or

(4) The covenant between a business entity and the owner or seller of assets or interest in a business entity does not continue for more than the longer of either five years or the period during which payments are made as measured from the date of termination, closing, or disposition.

A breach or threatened breach of a covenant between a business entity and the owner or seller of assets or interest in a business entity shall create a conclusive presumption of irreparable harm in the absence of injunctive relief, without the necessity of establishing evidence of any actual or threatened damages or harm. Additionally, a provision in such a covenant in which an employee promises to provide notice to a business entity of the employee's intent to terminate, sell, or otherwise dispose of an asset or interest is presumed to be enforceable if the notice period is no longer than 30 days and the business entity agrees to pay the employee's regular rate of pay and regular benefits during the notice period.

The reasonableness of a covenant shall be determined by the facts and circumstances pertaining to it. Furthermore, this act provides that a covenant shall be presumed to be reasonable if its post-employment, post-termination, post-business relationship, post-sale, or post-disposition duration does not exceed the duration requirements.

No express reference to geographical area is required for the enforceability of a covenant. Additionally, a covenant that is overbroad, overlong, or otherwise unreasonable to protect legitimate business interests of the person seeking enforcement shall be modified by a court, which shall only grant relief reasonably necessary to protect those interests. (Sections 431.201 and 431.202)

This provision is identical to SB 833 (2022) and to provisions in SB 181 (2021), SCS/HCS/HB 1242 (2021), in HB 1008 (2021), in SCS/HCS/HB 1204 (2021), SB 922 (2020), and HB 2684 (2020).

RESEARCH EXPENSES TAX CREDIT

A tax credit for a portion of qualified research expenses, as defined in federal law, expired on December 31, 2004. This act reauthorizes such tax credit, which shall be equal to 15% of qualified research expenses, or 20% of qualified research expenses if done in conjunction with a public or private college or university located in this state, as described in the act. Tax credits shall not be issued for any qualified research expenses that exceed 200% of the taxpayer's average qualified research expenses incurred during the three immediately preceding tax years. Tax credits issued under the act shall not be refundable, but may be carried forward for the twelve succeeding tax years, and may be transferred, sold, or assigned. A taxpayer shall not receive tax credits in excess of $300,000 in a calendar year.

This act also authorizes a sales tax exemption for the purchase of qualified research and development equipment and property, as defined in the act.

Tax credits issued under the act shall not exceed ten million dollars in any year, provided that five million dollars of such tax credits shall be reserved for minority business enterprises, women's business enterprises, and small businesses, as defined in the act.

This provision shall sunset on December 31, 2028, unless reauthorized by the General Assembly.

This provision is identical to SB 688 (2022) and is substantially similar to SCS/SB 545 (2021) and HCS/HB 690 (2021), and to a provision contained in SS/SCS/SB 354 (2021).

SB 939 - Under current law, the Department of Health and Senior Services requires all officers, managers, contractors, employees and support staff of licensed or certified medical marijuana facilities to submit fingerprints for background checks. Under this act, only employees, contractors, owners, and volunteers shall be required to submit fingerprints.

SB 1235 - Under current law, if a crop of industrial hemp contains an average THC concentration exceeding 0.3%, or the maximum concentration allowed under federal law, the Department of Agriculture may retest the crop. If the second test indicates that a crop contains an average THC concentration exceeding 0.3%, or the maximum concentration allowed under federal law, the Department may order a producer to destroy the crop.

Under this act, if a crop contains an average THC concentration exceeding 1%, the Department may retest the crop, and if the second test indicates an average THC concentration exceeding 1%, the Department may order a producer to destroy the crop.

SCS/SJR 31 - Under current law, initiative petitions proposing constitutional amendments must be signed by 8% of the legal voters in each of two-thirds of the congressional districts. This constitutional amendment, if approved by the voters, requires such petitions to be signed by 15% of the legal voters in each of the congressional districts. Only persons who are registered to vote in Missouri and are citizens of the United States are permitted to sign an initiative petition.

Current law additionally provides that initiative petitions proposing constitutional amendments shall take effect when approved by a simple majority of the votes cast thereon prior to taking effect. This constitutional amendment requires such initiatives to be approved by at least two-thirds of the votes cast thereon.

This joint resolution is substantially similar to HCS/HJRs 20, et al (2021), SJR 2(2021), and SJR 31 (2020).

SCS/SJR 37 - Under current law, initiative petitions proposing constitutional amendments must be signed by 8% of the legal voters in each of two-thirds of the congressional districts and initiative petitions proposing laws must be signed by 5% of such voters. This constitutional amendment, if approved by the voters, requires all petitions to be signed by 10% of the legal voters in each of the congressional districts.

This provision is similar to SJR 31 (2022), SJR 2 (2021), and SJR 31 (2020).

Current law also provides that initiative petitions proposing constitutional amendments shall take effect when approved by a simple majority of the votes cast thereon prior to taking effect. This constitutional amendment, requires, beginning January 1, 2023, such initiative petitions to be approved by at least 60% of the votes cast thereon.

This provision is substantially similar to a provision in SJR 2 (2021), a provision in HCS/HJRs 20, et al (2021), and SJR 31 (2020).

SJR 51 - Under current law, initiative petitions are required to obtain signatures from a certain number of legal voters, depending on the type of proposal, in 2/3 of the congressional districts. This constitutional amendment, if approved by the voters, would instead require such signatures to be obtained in 2/3 of the senate districts in the state.