The Senate Floor Substitute for House Bill 3020 (Smith, R-Carthage) included new language for the Missouri Department of Public Safety in the amount of $800,000 for a nonprofit organization located in Jackson County, MO to partner with law enforcement officers, local governments and pet shelters to assist with investigations and help create prosecutable cases that ultimately lead to real accountability for users. This language is clearly added for the hiring of private legal counsel and was added by amendment with little fanfare and no public discussion. The funding source for this project will come from federal American Rescue Plan funds. 

Once again, the Missouri General Assembly fully funded the Large Animal Veterinary Student Loan Program within the Missouri Department of Agriculture in the amount of $180,000. These funds will fund existing scholarships for students attending the University of Missouri School of Veterinary Medicine. The language was included as part of House Bill 3006 (Smith, R-Carthage) in section 6.015 RSMo.

This bill enacts provisions relating to restrictions on real property.

ZONING REGULATIONS ON HOME-BASED WORK BY POLITICAL SUBDIVISIONS

The bill creates new provisions governing the regulation of home-based work, as defined in the bill, by certain political subdivisions. Specifically, counties, municipalities, and townships are prohibited from enacting a zoning ordinance or regulation that:

(1)       Prohibits mail order or telephone sales for home-based work;

(2)       Prohibits service by appointment within the home or accessory structure;

(3)       Prohibits or requires structural modifications to the home or accessory structure;

(4)       Restricts the hours of operation for home-based work; or

(5)       Restricts storage or the use of equipment that does not produce effects outside the home or accessory structure.

Furthermore, any such zoning ordinance or regulation may not explicitly restrict or prohibit a particular occupation.

These provisions do not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, by law or other document applicable to a common interest ownership community.

LOCAL RESTRICTIONS ON HOME-BASED BUSINESSES

This bill provides that a political subdivision shall not prohibit the operation of a no-impact, home-based business or require a person to apply for any permit or license to operate such a business. However, a political subdivision may establish reasonable regulations on such businesses that are narrowly tailored for the purpose of protecting public health and ensuring the businesses are compliant with state and federal law.

This bill modifies the provisions relating to agricultural economic opportunities.

PET BREEDERS WEEK

The bill designates the second full week of March as “Pet Breeders Week”.

JOINT COMMITTEE ON RURAL ECONOMIC DEVELOPMENT

The bill establishes the Joint Committee on Rural Economic Development, which shall be composed of five members of the Senate to be appointed by the President Pro Tem and five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Committee shall investigate and examine issues relating to the economic development of rural areas of the state, as described in the bill. The Committee may submit a report of its activities to the General Assembly, which shall include any recommendations for legislative action or administrative and procedural changes.

MEAT PROCESSING FACILITY INVESTMENT TAX CREDIT

Currently, the Meat Processing Facility Investment Tax Credit for the expansion or modernization of meat processing facilities is set to expire on December 31, 2021. The bill extends the tax credit until December 31, 2024. 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.

SALES TAX EXEMPTIONS FOR FARM EQUIPMENT

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 and farm tractors.

INCOME TAX CREDIT (Section 1)

For the 2021 tax year, this bill allows a qualified taxpayer, as defined in the bill, to claim a one-time nonrefundable tax credit in the amount equal to the lesser of each taxpayer's Missouri income tax due for the tax year ending in 2021, or $500 if filing an individual return, or $1,000 if filing married combined return.

The Department of Revenue shall automatically adjust each qualified taxpayer's return for the 2021 tax year and shall issue refunds if necessary to qualified taxpayers.

Among other qualifications described in the bill, in order to be a qualified taxpayer under this provision, a person must have a Missouri adjusted gross income of less than $150,000 if filing an individual tax return, or less than $300,000 if a married couple filing a combined income tax return.

The Director of Revenue shall not authorize more than $500 million in tax credits under the bill. If the total amount of tax credits claimed by qualified taxpayers exceeds $500 million, the amount of the credit shall be prorated.

VACCINATION REQUIREMENTS (Section 2)

The bill prohibits requiring any state employee to receive a vaccination against COVID-19 as a condition of commencing or continuing employment.

The bill contains provisions that do not apply to any state employee who is employed by the following facilities:

(1)       Any facility that meets the definition of hospital in Section 197.020;

(2)       Any long term care facility that licensed under Chapter 198;

(3)       Any entity that meets the definition of facility in Section 199.170; or

(4)       Any facility certified by the Centers for Medicare and Medicaid Services.

This bill modifies several provisions relating to professional licensing.

EXEMPTIONS FOR PROFESSIONAL LICENSING

A professional who has a current license to practice his or her profession from another state, commonwealth, territory, or the District of Columbia shall be exempt from Missouri licensure requirements if the professional:

(1)       Is an active duty or reserve member of the Armed Forces, a member of the National Guard, a civilian employee of the U.S. Department of Defense (DOD), an authorized contractor under federal law, or a professional otherwise authorized under the DOD;

(2)       Practices the same occupation or profession for which he or she holds a current license; and

(3)       Is engaged in the practice of a profession through a partnership with the federal Innovative Readiness Training program within the DOD.

This exemption shall only apply while:

(1)       The professional's practice is required by the program pursuant to military orders; and

(2)       The services provided by the professional are within the scope of practice for individual's respective profession in Missouri.

This provision has an emergency clause.

PHYSICIAN AND PHARMACIST PRESCRIPTION AND DISPENSATION OF IVERMECTIN AND HYDROXYCHLOROQUINE

This bill prohibits the State Board of Registration for the Healing Arts from taking administrative action against a certificate of registration or authority, permit, or license required by this Chapter for any person due to the lawful dispensing, distributing, or selling of ivermectin tablets or hydroxychloroquine sulfate tablets for human use in accordance with prescriber directions. A pharmacist cannot contact the prescribing physician or the patient to dispute the efficacy of ivermectin tablets or hydroxychloroquine sulfate tablets for human use unless the physician or patient inquires of the pharmacist about the efficacy of ivermectin tablets or hydroxychloroquine sulfate tablets.

This bill modifies provisions relating to workforce development.

JOINT COMMITTEE ON RURAL ECONOMIC DEVELOPMENT

This bill establishes the Joint Committee on Rural Economic Development, which shall be composed of five members of the Senate to be appointed by the President Pro Tem, no more than three of which shall be from the majority party, and five members of the House of Representatives to be appointed by the Speaker of the House of Representatives, no more than three of which shall be from the majority party. The Committee shall investigate and examine issues relating to the economic development of rural areas of the state, as described in the bill. The Committee may submit a report of its activities to the General Assembly, which shall include any recommendations for legislative action or administrative and procedural changes.

House Bill 2587 (Riley, R-Springfield) and Senate Bill 1068 (Hoskins, R-Warrensburg) were bills to assist businesses and entrepreneurs by identifying state laws or regulations that could be waived for participating businesses with innovative products during a two-year period. HB 2587 passed the House on April 6 and was debated on the Senate floor on May 11 while a dozen Senate amendments were added to the bill. The bill was then referred to the Senate Governmental Accountability and Fiscal Oversight Committee and died. SB 1068 was voted “do pass” by the Senate Small Business and Industry Committee on March 22 but did not advance.

At least 17 House bills and three Senate bills that would have asked voters statewide to amend the Missouri Constitution’s current initiative petition process did not pass the General Assembly. As an example, House Joint Resolution 91 (Eggleston, R-Maysville) would require sponsors of initiative petitions proposing Constitutional amendments to collect signatures in each of Missouri’s eight Congressional districts. Then, when placed on the statewide ballot, a two-thirds majority vote of the people would be required for approval of a new amendment. Currently, signatures are required in six of the eight Congressional districts and a simple majority of voters can approve such amendments. HJR 91 passed the House on March 10 and was heard on April 13 by the Senate Local Government and Elections Committee where the bill died. 

House Bill 1657 (Hicks, R-Dardenne Prairie), House Bill 1588 (Haden, R-Mexico), and Senate Bill 697 (Gannon, R-DeSoto) were bills that would prohibit villages, towns, cities, and counties from regulating dogs in a breed-specific manner. However, for instance, a village, town, city, or county could still prohibit dogs from running at large. SB 697 was voted “do pass” by the Senate Local Government and Elections Committee on March 9 but did not move forward. The House bills were heard by the House Local Government Committee in late January, voted “do pass” in late February, then reconsidered and voted “do pass” on March 3 but died in a House Rules Committee.

House Bill 1977 (Kelley, R-Lamar) would allow grade A retail raw milk or cream produced in Missouri to be sold at grocery stores, restaurants, soda fountains, and similar establishments if the product is clearly labeled with a specified warning label. On April 25, the House passed HB 1977. The bill was referred to the Senate Agriculture, Food Production and Outdoor Resources Committee on May 10 where it died.

House Bill 2204 (Knight, R-Lebanon) and Senate Bill 847 (Eslinger, R-Wasola) were bills involving confiscation of neglected or abused animals. The House bill was voted “do pass” by the House Agriculture Policy Committee in mid-February but died in a House Rules Committee. SB 847 did not receive a Senate committee hearing.

House Bill 2446 (Hicks, R-Defiance) and Senate Bill 980 (Beck, D-St. Louis) are bills expanding the offense of animal abuse to any person who causes injury to the sexual organs of a female dog or causes pain to a female dog during artificial insemination. HB 2446 also would require any publicly funded university using animals in research to post on its website a written report on the research before Dec. 31 annually.

Neither bill received a committee hearing.

House Bill 2739 (Veit, R-Wardsville) would define an animal chiropractic practitioner as someone who is a licensed veterinarian or licensed by the Board of Chiropractic Examiners and who is certified by a veterinary chiropractic organization. The bill removed "animal chiropractic" from the definition of veterinary medicine and it allowed an animal chiropractic practitioner to engage in animal chiropractic without being considered practicing as a veterinarian. The bill did not receive a House committee hearing.

Senate Bill 675 (Brown, R-Rolla) and House Bill 1885 (Pollitt, R-Sedalia) establishes the “Missouri Rural Workforce Development Act. This legislation attempts to provide capital investments in business located in rural areas. The legislation creates a tax credit program to which investment companies must deploy and maintain investments in rural businesses for the life of the program to receive state tax credits. This legislation has become controversial of the past two sessions as it has been linked to several other state tax credit programs. This legislation was ultimately passed out of the Senate as part of the large omnibus agriculture bill (HB 1720), but was stripped in a conference committee.

Senate Bill 1058 (Brown, R-Rolla) and House Bill 1586 (Murphy, R-St. Louis County) preempts the entire field of legislation concerning the practice of veterinary medicine and political subdivisions shall be preempted from enacting, maintaining, or enforcing any order, ordinance, rule, regulation, policy, or similar measure that prohibits, restricts, limits, regulates, controls, directs, or interferes with the practice of veterinary medicine. Both bills were passed out of committee this session. The language was attached to House Bill 2149 as an amendment in the Senate, but the language received a troublesome addition to which the proponents were unable to accept. Sen. Doug Beck (D-St. Louis) included the language “medically necessary” to which may have created an unintended consequence if the bill were signed into law. Thus, the Missouri Veterinary Medical Association Board elected to strip this language from HB 2149.

Senate Bill 1182 (Gannon, R-DeSoto) would require veterinarians, animal control officers, and animal humane investigators to be mandatory reporters in cases of abuse and neglect of children, the elderly, and other vulnerable persons. The bill also requires the “Missouri Animal Control Association” establish a hotline to receive such reports. This legislation was referred to the Senate Seniors, Families, Veterans and Military Affairs Committee in April, but the hearing was later cancelled at the request of the bill sponsor.

Senate Bill 1174 (Eslinger, R- Wasola) and HB 2807 (Hardwick, R-Waynesville) were bills that would address a cause of action for a public nuisance. Subject to exceptions in the bill, the state or a political subdivision may bring the public nuisance action and may only do so by a government attorney. An individual could still bring a public nuisance action only if they can show a special injury. The effort to reign in the use of the public nuisance action made it to committee but never received a hearing.