HCS/SB 587 - This act modifies various provisions governing elected officials.RECORDS PRESERVED BY SECRETARY OF STATE
(Sections 2.020 and 2.110)
This act modifies the manner in which the Secretary of State must preserve laws passed by the General Assembly. Specifically, as soon as practicable after the laws passed at any session of the General Assembly are printed and delivered, the Secretary of State shall preserve and make available to the public for inspection the original rolls safely in his or her office.
The act additionally requires the Secretary of State to make available in print and online copies of the Missouri Constitution as soon as practicable after any amendments have been adopted.
These provisions are identical to provisions in the truly agreed to SCS/HCS/HB 1655 (2020) and HCS/SB 522 (2020) and substantially similar to SB 639 (2020), SCS/SB 304 (2019), and HB 408 (2019).
CAPITOL POLICE BOARD
(Sections 8.010 to 8.178)
This act establishes the Capitol Police Board composed of the Governor, Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chief Justice of the Missouri Supreme Court, or their designees, and the chair of the State Capitol Commission. The Lieutenant Governor, the Chief Clerk of the House of Representatives, and the Secretary of the Senate, or their designees, shall serve as ex officio members of the Board. The Board shall be assigned to the House of Representatives only for budgeting and reporting.
The Board shall provide for public safety at the seat of government and for the safety and security of elected public officials, government employees, and their guests. The Board shall hire police officers and a chief of police who shall serve subject to the supervision and at the pleasure of the Board. The Board shall make all necessary rules and regulations regarding traffic and parking regulations and the Circuit Court of Cole County has the authority to enforce such regulations.
These provisions are identical to HB 1521 (2020) and certain provisions in HCS/SB 774 (2020).
OFFENSE COMMITTED AGAINST GENERAL ASSEMBLY
(Sections 21.403 to 21.405 and Sections 575.040 to 576.030)
This act specifies that, when a person is subpoenaed to testify or provide information at a proceeding before a body of the General Assembly, a court must issue, upon request from the President Pro Tempore of the Senate or the Speaker of the House of Representatives of the body that subpoenaed the person, an order requiring the person to testify or provide information if the person refuses to do so on the basis of the person's privilege against self-incrimination. Before issuing such an order, a court must find that the request for the order has been approved by a vote of a three-fifths majority of the members of the body requesting the order. If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide information and the person presiding over the proceeding informs the witness that an order requiring the testimony or production of information was issued, the witness must not refuse to comply with the order on the basis of the asserted privilege. However, no testimony or information compelled under the order may be used against the witness in any criminal proceeding other than perjury, giving a false statement, or otherwise failing to comply with the order.
If a witness summoned by a body of the General Assembly willfully fails to appear, refuses to answer any pertinent questions, or fails to produce required documents, a statement of facts regarding such failure may be reported to and filed with the President Pro Tem or the Speaker of the House. Either the President Pro Tem or the Speaker may certify the statement of facts to the prosecuting or other attorney having jurisdiction to prosecute. The Attorney General will have concurrent original jurisdiction to commence a criminal action throughout the state. Upon request by the President Pro Tem or the Speaker of the originating body, the court must, within 15 days of the request, appoint independent counsel, who will have jurisdiction to prosecute. If independent counsel is appointed, such independent counsel will have sole jurisdiction to prosecute under such section.
The act also establishes the following punishments for offenses related to proceedings before the General Assembly:
(1) The offense of perjury is a class D felony if it is committed in any proceeding before a body of the General Assembly;
(2) The offense of making a false affidavit is a Class A misdemeanor when it is done in any proceeding before a body of the General Assembly;
(3) The offense of tampering with a witness or victim is a Class E felony when the witness is a witness in a proceeding before a body of the General Assembly;
(4) The offense of acceding to corruption when the person is a witness or prospective witness in a proceeding before a body of the General Assembly is a Class D felony;
(5) A person commits the offense of obstructing government operations if he or she purposely obstructs, impairs, hinders, or perverts the performance of a governmental function by the use or threat of harm, intimidation, or coercion. The offense of obstructing government operations is a Class A misdemeanor. However, if committed against a body of the General Assembly, it is a Class E felony.
These provisions are identical to provisions in HCS/SCS/SB 662 (2020), substantially similar to HCS/HB 2374 (2020), and similar to HB 1942 (2020).
JOINT COMMITTEE ON THE COVID-19 RESPONSE
(Section 21.855)
The act establishes the Joint Committee on the COVID-19 Response. The Joint Committee shall study the impact of the COVID-19 pandemic on Missouri, including, but not limited to:
(1) The rate and spread of COVID-19 infections across the state;
(2) The impact of the COVID-19 pandemic in this state on individuals, business organizations, health care facilities, schools, local governments, and the state government;
(3) The relief efforts that have been implemented in this state by local governments and by the state government;
(4) Any further relief efforts that may be needed for individuals, business organizations, health care facilities, schools, local governments, and other entities throughout the state;
(5) The federal funds received by the state government to assist with COVID-19 relief efforts and any restrictions on the use of such funds;
(6) The ways in which the state and federal funds available for COVID-19 relief efforts should be distributed in order to provide the maximum relief in an efficient manner; and
(7) The impact of the COVID-19 pandemic on the economy of the state.
A priority of the committee shall be to provide information and assistance to the state government to ensure that funds provided to this state under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act and any other federal COVID-19 relief legislation are adequately distributed to local governments in this state.
The committee shall issue periodic reports to the members of the General Assembly and the Governor at such times as the committee deems appropriate. The reports shall include the findings of the committee under subsection 3 of this section and any other information relating to the COVID-19 pandemic that the committee deems relevant.
This provision is identical to a provision in HCS/SS#2/SCS/SB 594 (2020) and HCS/SS/SB 725 (2020).
JOINT COMMITTEE ON THE MISSOURI CONSTITUTIONAL CONVENTION
(Section 21.925)
This act establishes the Joint Committee on the Missouri Constitutional Convention. The Joint Committee shall consider whether convening a constitutional convention is in the best interest of the state. The Joint Committee shall be composed of four members of the Senate and four members of the House of Representatives, and shall report its findings and recommendations on or before December 31, 2021. The Joint Committee shall dissolve following the submission of its report.
This provision is identical to HB 1631 (2020).
RESIDENCE OF ATTORNEY GENERAL
(Section 27.010)
Current law requires the Attorney General to reside at the seat of government. This act repeals that requirement.
This provision is identical to a provision in HB 1787 (2020).
LINKED DEPOSITS
(Sections 30.260, 30.753, and 30.758)
Under current law, no more than 10% of all time deposits of state moneys can be placed with any one single banking institution. This act raises that limitation to 15% of all time deposits of state moneys authorized under the asset authorization plan.
Current law additionally outlines the manner in which the State Treasurer can determine the market rate, for purposes of the Linked Deposit Program. In addition to those provisions, this act permits the Treasurer to calculate the market rate based on current market investment indicators.
The act increases the total amount that the State Treasurer may invest in linked deposits from $720 million to $800 million. The act also increases the amount of that $800 million that may be invested in small businesses from $110 million to $190 million.
Furthermore, the act requires the State Treasurer to give priority to the funding of renewed linked deposit applications over the funding of new linked deposit applications.
These provisions identical to certain provisions in the truly agreed to HCS/SCS/SB 599 (2020), the perfected HB 1736 (2020), HCS/HB 2092 (2020), HCS/HB 2206 (2020), HCS/HB 2461 (2020), SB 439 (2019), and HB 1029 (2019).
MERIT SYSTEM - SURVIVING SPOUSE
(Section 36.020)
The definition of "surviving spouse" is modified in provisions of law relating to the merit system.
This provision is identical to SB 620 (2020), a provision in the truly agreed to SB 718 (2020), the perfected HB 1566 (2020), HCS/SB 282 (2019), and HB 461 (2019).
COUNTY DECLARATIONS OF STATE OF EMERGENCY
(Section 44.080)
The act prohibits a county executive from imposing or continuing a state of emergency for more than 15 days without receiving a 60% majority vote of the governing body of the county.
This provision is identical to a provision in HCS/SS/SCS/SB 594 (2020), HCS/SCS/SB 617 (2020), HCS/SS/SB 725 (2020), and HCS/SB 774 (2020).
This provision contains an emergency clause.
AGE REQUIREMENT FOR CERTAIN PUBLIC OFFICES
(Sections 51.050 to 105.035, 162.291 to 321.130, and 483.010)
The age requirement for serving in various local public offices is lowered to a minimum of 21 years of age.
These provisions are identical to provisions in the perfected HCS/HB 1787 (2020) and HCS/SB 552, as amended (2020) and substantially similar to HCS/HB 438 (2019).
LOCAL AUDITS BY STATE AUDITOR - USE OF PUBLIC FUNDS
(Sections 56.092, 67.5150, and 590.119)
The act allows a prosecuting or circuit attorney, sheriff, Police Commissioner in St. Louis City, Chief of Police in St. Charles and St. Louis County, or any law enforcement agency that is conducting an investigation related to fraud or theft by a public servant or an offense of misconduct within the attorney's or law enforcement agency's jurisdiction to request the State Auditor to audit all or part of the jurisdiction in which he or she represents or the law enforcement agency serves regarding the receipt and expenditure of public funds. The governing body of any county, with a majority vote, may request such an audit as well. The State Auditor must report any findings to the attorney or law enforcement agency that requested the audit.
This provision is identical to a provision in HCS/HB 1375 (2020) and similar to HB 997 (2020).
APPOINTMENT TO OFFICE - TAX DELINQUENCY
(Section 105.035)
The act stipulates that no person shall be appointed to an elected public office who is delinquent in the payment of any state income tax, personal property tax, municipal tax, or real property tax.
This provision is identical to a provision in the perfected HCS/HB 1787 (2020).
LEGISLATIVE LOBBYISTS
(Section 105.470)
This act modifies the definition of "legislative lobbyist" for purposes of lobbying laws to exclude legislative liaisons. "Legislative liaison" is defined as any state employee hired to communicate with members of the general assembly on behalf of any elected official of the state; the judicial branch of state government; or any department, agency, board, or commission of the state, provided such entity is a part of the executive branch of state government. Any state employee employed as a legislative liaison who performs lobbying services for any other entity shall register as a lobbyist with respect to such lobbying services.
This provision is identical to a provision in HCS/SB 552, as amended (2020), the truly agreed to HB 1386 (2020), and SCS/HCS/HB 937 (2019) and substantially similar to a provision in HB 2117 (2020).
FILING OF FINANCIAL INTEREST STATEMENTS
(Section 105.485)
This act allows the name and employer of dependent children under twenty-one years of age of each person required to file a financial interest form under current law to be redacted and not made publicly available, upon the written request of such person.
This provision is identical to a provision in HCS/SB 552, as amended (2020) the truly agreed to CCS/SCS/SB 631 (2020), and HB 1434 (2020).
ELECTION OF POLITICAL PARTY STATE COMMITTEE MEMBERS
(Section 115.621)
Under current law, the members of each senatorial district political party committee are required to meet on the Saturday after each general election for the purpose of electing members to the state political party committee. In lieu of that requirement, this act permits the chair of the congressional district committee where the senatorial district is principally located to call for a meeting to be held concurrently with the election of senatorial officers.
This provision is identical to provisions in the truly agreed to CCS/SCS/SB 631 (2020), HCS/SB 522, as amended (2020), and the truly agreed to SS#2/SCS/HCS/HB 1854 (2020) and substantially similar to SB 854 (2020) and HB 1853 (2020).
INITIATIVE AND REFERENDUM PETITIONS
(Sections 116.030 to 116.334)
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.
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.
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.
Current law provides that the official summary statement of an initiative petition shall contain no more than 100 words and a measure proposed by the General Assembly shall contain no more than 50 words, excluding articles. This act provides that 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.
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 statute regulating initiative petitions as well as Article III, Sections 28, 49, 50, and 52(a) of the Missouri Constitution.
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.
The act creates the Secretary of State's Petition Publications Fund. The purpose of the Petition Publications 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.
These provisions are identical to HB 1811 (2020) and provisions in HCS/SB 522, as amended (2020) and similar to SB 522 (2020), HB 1811 (2020), SCS/SB 5 (2019), HB 290 (2109),SS/SCS/SB 893 (2018), and HCS/HB 1289 (2018).
SECRETARY OF STATE TECHNOLOGY TRUST FUND FEES
(Sections 347.740 to 417.018)
Several provisions in current law allow the Secretary of State to collect an additional $5 fee on fees for filings relating to business organizations, commercial transactions, and trademarks, names, and private emblems to be credited to the state's technology trust fund. These provisions are set to sunset on December 31, 2021.
This act extends the sunset to December 31, 2026.
These provisions are identical to provisions in the truly agreed to CCS/SCS/SB 631 (2020), provisions in HCS/SB 522, as amended (2020), and HB 1640 (2020) and similar to SB 146 (2019), HB 79 (2019), and HB 535 (2019).
SCOTT SVAGERA