Missouri SB 968: Modifies provisions relating to business entities

Bill Text

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE NO.2 FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 968
101ST GENERAL ASSEMBLY
4530H.09C DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 8.250, 44.032, 130.029, 135.800, 135.802, 135.805, 135.810, 135.815,
135.825, 143.081, 143.119, 288.132, 311.060, 347.143, 415.415, 493.050, 493.070,
537.528, and 620.1039, RSMo, and to enact in lieu thereof thirty-three new sections
relating to business entities, with penalty provisions and with a delayed effective date
for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 8.250, 44.032, 130.029, 135.800, 135.802, 135.805, 135.810,
2 135.815, 135.825, 143.081, 143.119, 288.132, 311.060, 347.143, 415.415, 493.050, 493.070,
3 537.528, and 620.1039, RSMo, are repealed and thirty-three new sections enacted in lieu
4 thereof, to be known as sections 8.250, 44.032, 105.1500, 130.029, 135.800, 135.802,
5 135.805, 135.810, 135.815, 135.825, 143.081, 143.119, 143.436, 288.132, 288.133, 311.060,
6 311.094, 347.143, 407.475, 415.415, 431.204, 493.050, 493.070, 537.529, 620.1039,
7 620.3900, 620.3905, 620.3910, 620.3915, 620.3920, 620.3925, 620.3930, and 1, to read as
8 follows:
8.250. 1. "Project" for the purposes of this chapter means the labor or material
2 necessary for the construction, renovation, or repair of improvements to real property so that
3 the work, when complete, shall be ready for service for its intended purpose and shall require
4 no other work to be a completed system or component.
5 2. All contracts for projects, the cost of which exceeds twenty-five thousand dollars,
6 entered into by any city containing five hundred thousand inhabitants or more shall be let to
7 the lowest, responsive, responsible bidder or bidders after notice and publication of an
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

8 advertisementforfivedaysinadailynewspaperinthecountywheretheworkislocated,orat
9 least twice over a period of ten days or more in a newspaper in the county where the work is
10 located, and in two daily newspapers in the state which do not have less than fifty thousand
11 daily circulation, and by such other means as are determined to be most likely to reach
12 potential bidders or by posting an invitation for bid on the website of the city or through
13 an electronic procurement system.
14 3. All contracts for projects, the cost of which exceeds one hundred thousand dollars,
15 entered into by an officer or agency of this state shall be let to the lowest, responsive,
16 responsible bidder or bidders based on preestablished criteria after notice and publication of
17 an advertisement for five days in a daily newspaper in the county where the work is located,
18 or at least twice over a period of ten days or more in a newspaper in the county where the
19 work is located and in one daily newspaper in the state which does not have less than fifty
20 thousand daily circulation and by such other means as determined to be most likely to reach
21 potentialbiddersorbypostinganinvitationforbidonthewebsiteoftheofficeroragency
22 or through an electronic procurement system. For all contracts for projects between
23 twenty-five thousand dollars and one hundred thousand dollars, a minimum of three
24 contractors shall be solicited with the award being made to the lowest responsive, responsible
25 bidder based on preestablished criteria.
26 4. The number of such public bids shall not be restricted or curtailed, but shall be
27 open to all persons complying with the terms upon which the bids are requested or solicited
28 unless debarred for cause. No contract shall be awarded when the amount appropriated for
29 same is not sufficient to complete the work ready for service.
30 5. Dividing a project into component labor or material allocations for the purpose of
31 avoiding bidding or advertising provisions required by this section is specifically prohibited.
44.032. 1. (1) As used in this section, the term "rural electric cooperative"
2 means any rural electric cooperative organized or operating under the provisions of
3 chapter 394, any corporation organized on a nonprofit or a cooperative basis as
4 described in subsection 1 of section 394.200, or any electrical corporation operating
5 under a cooperative business plan as described in subsection 2 of section 393.110.
6 (2) The general assembly recognizes the necessity for anticipating and making
7 advance provisions to care for the unusual and extraordinary burdens imposed by disasters
8 or emergencies on this state [and], its political subdivisions [by disasters or emergencies],
9 and rural electric cooperatives. To meet such situations, it is the intention of the general
10 assembly to confer emergency powers on the governor,