Several Missouri laws take effect to bar celebratory gunfire and more

KANSAS CITY, Mo. (KCTV) - On Wednesday, Aug. 28, several bills ed by Missouri legislators and signed by Governor Mike Parson earlier in the year officially went into effect. These include new laws regarding celebratory gunfire, property rights and increased penalties for injuring or killing a police animal.

Senate Bill 727

Senate Bill 727, which targets education and scholarships, was signed into law by Gov. Parson on May 7, but did not take effect until Aug. 28. It modifies the Missouri Empowerment Scholarship s Program to change the maximum amount of credits from $50 million to $75 million in a single year. Students who were previously awarded scholarships will be notified first, siblings of those who are or have gone through the program will be awarded next while all others will be awarded last. Funds will be prioritized for students who receive special education services, free or reduced-price lunches, live in unaccredited or provisionally accredited school districts or are children of active military personnel.

The bill also defines a Family Paced Education school as one that enrolls students who participate in the Empowerment Scholarship program. The definition of homeschooling now specifies that a homeschool cannot enroll a student who participates in the program.

The legislation requires the Department of Elementary and Secondary Education to develop an 18-hour online teacher preparation program for aspiring teachers attempting to get certified. An additional professional teaching certification will be issued by the State Board of Education.

It also repeals provisions of a law that requires teacher education programs to include entry-level testing for all prospective teacher education students.

The act provides that school boards can now place teachers in different areas on the salary scale, even if they have the same amount of experience to recruit and retain teachers in hard-to-staff areas. Districts will be required to provide annual reports to the Department.

The act establishes the Elementary Literacy Fund to provide home reading program grants to districts and charter schools for students in kindergarten through fifth grade. Around $5 million will be put into this fund each year as the Department develops an application process. Those who receive these grants will be required to match those funds.

SB 727 also increases the Small Schools Grant appropriation from $15 million to $30 million. Now, $20 million - instead of $10 million - will be distributed to eligible districts and $10 million - rather than $5 million - will be directed to eligible districts that have needs in the current year.

As for virtual schooling, the bill provides that the average daily attendance of a student enrolled full-time in the Missouri Course Access and Virtual School Program will be calculated by dividing the total number of hours attended in a term by those between the ages of 5 and 21 by the actual number of hours the program was in session. Parents or legal guardians are required to enroll their children directly in the full-time virtual program and regular student progress reports will be provided four times each school year.

The bill also provides that:

• Students can be excused from school due to mental or behavioral concerns as long as they have a note from a mental health professional.
• Another provision that authorizes a seven-director school district to appoint an attendance officer who can investigate claims of violations of the compulsory attendance law and arrest truant minors without a warrant has been repealed.
• The Department is required to recalculate expenses for each district for the fiscal year of 2005 by analyzing the amount of state aid a district would have received had revenues been placed in other funds.
• School districts in Boone County can be added to the list of districts where a charter school can be operated
• School boards awaiting a special election to appoint new can appoint an individual to fill the role until the next election.
• The deadline for a school district to submit a proposal to operate a recovery high school has changed from Dec. 1st of the school year before the beginning of the operation to July 1.
• The 2-year requirement for the Career Ladder program for teachers does not apply to of the Armed Forces or spouses who have teaching experience in other states while repealing a provision that responsibilities have to be performed outside of paid time.
• of the Public School Retirement System can earn up to 50% of the annual compensation of those who held the position previously or 50% of the limit set by the school board while barring from retirement allowances during the months they do work.

Senate Bill 754

On July 9, Gov. Parson signed SB 754, which includes provisions for Blair’s Law, Max’s Law and Valentine’s Law and was set to go into effect on Aug. 28.

SB 754 establishes Blair’s Law which allows those who recklessly fire a gun within city limits with illegal use of a weapon. Those found guilty will be charged with a Class A misdemeanor on the first offense, a Class E felony on the second offense and a Class D felony any time after.

The bill also updates Max’s Law which created the crime of assault on a law enforcement animal. Those found guilty of the crime but have not injured the animal to the point of requiring treatment will be found guilty of a Class A misdemeanor, those who seriously injure a police animal will be found guilty of a Class E felony and those who kill the animal will be found guilty of a Class D felony. Law enforcement agencies with animals that bite or injure another animal or human are exempt from animal abuse penalties.

The legislation updates Valentine’s Law to create the offense of aggravated fleeing a stop or detention of a motor vehicle. This happens when a driver knows an officer is attempting to pull them over but tries to speed away and creates the risk of injury or death. Those who only create the risk will be found guilty of a Class D felony. Those who cause actual injury will be found guilty of a Class B felony. Those who do cause death will be found guilty of a Class A felony.

While it does not have an official name, the bill also excludes those 13 and under from being prosecuted as an adult for certain felony offenses including dangerous felonies and those that involve a deadly weapon. Those between the ages of 14 and 18 who are tried as an adult will also be required to attend a certification hearing. Those who are found guilty as adults will be offered an educational program that awards high school diplomas or an equivalent and will be separated from anyone under the age of 18.

The legislation also provides that minors who are found guilty of second-degree murder will not be eligible for parole. Previously, only those found guilty of first-degree murder were not eligible.

As for adults, SB 754 bars the issue of arrest warrants for those who have failed to respond to, pay a fine for or appear in court for a traffic violation. Drivers who continue to fail to do their duty will be issued a default judgment for the infraction. Drivers can appear in court after default judgments are made to show the fine has been paid.

Meanwhile, it holds that those found guilty of encouraging or helping minors under the age of 17 violate state gun laws will be found guilty of a Class D felony. Those who are found guilty of Class C firearms felonies will also now be found guilty of Class B felonies.

Lastly, the bill adds that those who are found guilty of sexual conduct with a nursing facility resident in the second degree, use of a child in sexual performance, promotion of a sexual performance by a child or cross burning are barred from expungement eligibility. It repeals provisions that allowed courts to determine this at the hearing based solely on a victim’s testimony. Those who do wish to apply for expungement for all other crimes can now do so 18 months after the arrest

The bill also provides:

• The establishment of the Missouri Office of Prosecution Services for a conviction review unit to investigate claims of innocence for those who have already pleaded guilty.
• Those who have been found guilty of a dangerous felony will be considered persistent offenders.
• Those found guilty of armed criminal action will serve a prison sentence of no less than three years.
• The creation of the Stop Cyberstalking and Harassment Task Force to collect from victims, law enforcement officials, advocates and more about how to stop these crimes.
• The creation of the offenses of delivery of a controlled substance causing serious physical injury and delivery of a controlled substance causing death.
• Repeals text that requires those found with more than 8 grams of cocaine or more than 24 games of a cocaine-base mixture to be found guilty of drug trafficking in the first or second degree.
• Allows 911 dispatchers, paramedics, emergency medical technicians and volunteer or full-time paid firefighters to be eligible for the Critical Incident Stress Management Program of the Department of Public Safety.
• Civilian review boards will be limited to reviewing, investigating, making findings and recommendations for disciplinary actions against law enforcement officers.
• Creates the Public Defender - Federal and Other Fund which will now house any funds from government grants, private gifts, donations, bequests or other sources for the Office of the Public Defender.

Senate Bill 756

On July 9, Parson signed SB 756 to modify real property tax laws in Missouri. It modifies the definition of an eligible credit amount to add an initial credit year as well as the definition of an eligible taxpayer to those who are 62 years or older - rather than those who are eligible for Social Security retirement benefits. Any ordinance that authorizes a property tax credit adopted by a county will not be allowed to prevent amendments or new ordinances.

Real property tax liability for an eligible taxpayer’s initial credit year will be increased to reflect the real property tax liability as a result of construction or improvements made to the property in addition to any property tax liability owed. Counties that grant a tax credit are required to notify each local government of the total credit amount applicable to that division by no later than Nov. 30 of each year.

Senate Bill 894

SB 894 was signed by Gov. Parson also on July 9 and is set to officially become law on Aug. 28. It establishes the Regulatory Sandbox Act to create the Regulatory Relief Office in the Department of Economic Development. This office will identify state regulations that could be waived or suspended for businesses that participate in a 2-year period in which they show they have an innovative product. The office will maintain a website that invites residents and businesses to make suggestions about regulations. It will also be responsible for the evaluation and approval or denial of applications to participate in the program.

The Regulatory Sandbox Act also requires those interested to submit an application including information and a description of the product along with a $300 application fee. Applicants should also include how the product would be subject to licensing, legal prohibition or other authorization requirements. The office has 15 days to review applications before they are referred to applicable agencies.

The Act provides agencies with 60 days to provide findings and a statement to the Department’s director. The office will provide the application and necessary reports to the Advisory Committee who will recommend approvals or denials. Applicants who are approved have two years to show their product, which will only be available to Missouri shoppers.

The bill also creates the Right to Start Act which requires the Commissioner of istration to file a report with the General Assembly no later than June 30, 2026, and each year after that. The report will include information on contracts awarded to businesses that have operated for less than three years. The Commissioners, as well as the Office of Entrepreneurship, to file a report with the General Assembly that makes recommendations on improvements to access and resources for new businesses, including those owned by a racial minority group, women or veterans.

Lastly, the bill creates the Office of Entrepreneurship in the Department of Economic Development. It will employ an individual to promote policies and initiatives to the growth of entrepreneurship for Missouri-based businesses with less than 10 employees, including within racial minority groups, women and veterans.

House Bill 1751

On May 7, Parson signed HB 1751 to increase the distance from which the Department of Natural Resources has been banned from issuing a permit to a solid waste disposal area. The department cannot issue a permit to a solid waste facility that serves more than 400,000 Missourians and is located in more than one county within one mile of a city without the approval of voters. This will allow Raymore residents to have their voices heard when it comes to a proposed Kansas City landfill.

House Bill 2057

Gov. Parson signed HB 2057 on July 9 to modify the definition of video service to include the provision of programming by a video service provider. This means services like Netflix, Hulu and Max would now be included.

House Bill 2062

HB 2062 was signed by the Missouri Governor on July 9 to authorize local governments to adopt resolutions to collect delinquent taxes. Previously, this was only applicable for charter counties as well as Clay and Buchanan counties. This allows a county collector to bar a prospective bidder from participating in the sale of lands with delinquent taxes if the bidder is late on their property tax payments. The county collector will now set the compensation of land tax attorneys and delinquent land clerks.

Collectors are now required to obtain a title search for all conveyances, liens and charges against real estate involved in a delinquent tax sale. Bidders will be required to submit a nonreimbursable $200 bidder fee and affidavit to attest that they have met all statutory requirements. Those interested cannot bid until they have shown they do not own property with two or more violations of building or housing codes. Hearings will be required to confirm or set aside a record sale within six months after that parcel is sold.

The act changes the title of the Land Bank Act to the Chapter 140 Land Bank Act to authorize St. Louis County and municipalities with more than 1,500 residents not located in the county to establish a land bank. Foreign and domestic operations or limited liability companies that have failed to appoint or maintain a ed agent are barred from buying property from a land bank agency.

It also allows for the creation of Electric Vehicle Charging Station requirements which allow local governments to create ordinances to install electric vehicle charging stations. They will be required to pay all costs associated with installation, maintenance and operation. No ordinance or regulation that requires more than five stations per parking lot will be allowed to be adopted. These do not apply to parking lots with more than 30 spaces. Private entities are not barred from paying for the installation, maintenance and operation of electric vehicle charging stations.

HB 2062 names the historic preservation tax credit the Missouri Historic Rural Revitalization and Regulatory Streamlining Act. It authorizes a tax credit for the rehabilitation of a property in counties that qualify. Those that do cannot include Kansas City or St. Louis. Authorized tax credits for at least $60 million will accrue against the aggregate amount of tax credits that can be authorized in a fiscal year.

The act also establishes provisions for the removal of those illegally on a property with a house through ex parte orders. Violations will be considered a Class A misdemeanor. It also establishes the offense of criminal mischief for unlawful detention, occupation or tres upon a residential dwelling, another Class A misdemeanor.

The bill also provides:

• The creation of the Protecting Missouri’s Small Business Act to provide any political subdivision that attempts a shutdown order shall waive the fee for a business license during the period of the shutdown order.
• No political subdivision can require an owner of a residential property to have a home inspection before the sale of the property unless required for new construction or occupancy permits.
• No deed restrictions, covenants or similar binding agreements with the land can bar ownership or homing of up to 6 chickens on a lat that is 2/10ths of an acre or larger, including against a single chicken coop meant to house up to 6 chickens.
• Counties, municipalities or political subdivisions cannot impose or enforce a moratorium on eviction proceedings unless specifically authorized by law.
• The repeal of the annual testing requirement for community water systems and provides for scheduled testing of hydrants.

House Bill 2634

On May 9, Parson signed HB 2634 to specify that no public funds will be sent to or spent on any abortion facility or , including for MO HealthNet reimbursement. Taxpayers as well as the Attorney General have the authority to bring a cause of action in any court based on the matter.

The Department of Social Services has also been ordered to suspend, revoke or cancel any contract or provider agreement when it has been found the provider is not qualified to perform required services after they have been found guilty of a pattern of intentional discrimination in the delivery or non-delivery of healthcare services or if the provider is an abortion facility or .

Lastly, it bars reimbursement to abortion facilities or s under the Uninsured Women’s Health Program.

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