Missouri Statute | Act | Code |Sovereignty, Jurisdiction And Emblems| US Code - US Statute

The general assembly, recognizing the work of the original state
capitol commission board established March 24, 1911, and the work of the
capitol decoration commission established April 10, 1917, and seeking to
assure the future preservation and integrity of the capitol and to
preserve the historical significance of the capitol hereby establishes
the second state capitol commission. (L. 2001 S.B. 470)

1. The commission shall consist of eleven persons, as follows: the
commissioner of the office of administration; one member of the senate
from the majority party and one member of the senate from the minority
party; one member of the house of representatives from the majority party
and one member of the house of representatives from the minority party;
one employee of the house of representatives appointed by the speaker of
the house of representatives and one employee of the senate appointed by
the president pro tempore; and four members appointed by the governor
with the advice and consent of the senate. The lieutenant governor shall
be an ex officio member of the commission.

2. The legislative members of the commission shall serve for the general
assembly during which they are appointed and until their successors are
selected and qualified.

3. The four members appointed by the governor shall be persons who have
knowledge and background regarding the history of the state, the history
and significance of the seat of state government and the capitol but
shall not be required to be professionals in the subject area.

4. The terms of the four members appointed by the governor shall be four
years and until their successors are appointed and qualified. Provided,
however, that the first term of three public members shall be for two
years, thereafter the terms shall be four years. There is no limitation
on the number of terms any appointed member may serve. If a vacancy
occurs the governor may appoint a member for the remaining portion of the
unexpired term created by the vacancy. The governor may remove any
appointed member for cause. The members of the commission shall be
reimbursed for travel and other expenses actually and necessarily
incurred in the performance of their duties by the office of
administration.

5. At the first meeting of the commission and at yearly intervals
thereafter, the members shall select from among themselves a chairman and
a vice chairman.

6. The commission shall hold at least four regular meetings each year and
such additional meetings as the chairman deems desirable at a place and
time to be fixed by the chairman. Special meetings may be called by five
members of the commission upon delivery of written notice to each member
of the commission. Reasonable written notice of all meetings shall be
given by the director to all members of the commission. Five members of
the commission shall constitute a quorum. All actions of the commission
shall be taken at meetings open to the public. Any member absent from six
consecutive regular commission meetings for any cause whatsoever shall be
deemed to have resigned and the vacancy shall be filled immediately in
accordance with subsection 1 of this section.

7. The commission shall provide a report to the governor and the general
assembly annually. (L. 2001 S.B. 470)

1. The commission shall:

(1) Exercise general supervision of the administration of sections 8.001
to 8.007;

(2) Evaluate and recommend courses of action on the restoration and
preservation of the capitol, the preservation of historical significance
of the capitol and the history of the capitol;

(3) Evaluate and recommend courses of action to ensure accessibility to
the capitol for physically disabled persons;

(4) Advise, consult, and cooperate with the office of administration, the
archives division of the office of the secretary of state, the historic
preservation program within the department of natural resources, the
division of tourism within the department of economic development and the
historical society of Missouri in furtherance of the purposes of sections
8.001 to 8.007;

(5) Be authorized to cooperate or collaborate with other state agencies
and not-for-profit organizations to publish books and manuals concerning
the history of the capitol, its improvement or restoration;

(6) Before each September first, recommend options to the governor on
budget allocation for improvements or restoration of the capitol premises;

(7) Encourage, participate in, or conduct studies, investigations, and
research and demonstrations relating to improvement and restoration of
the state capitol it may deem advisable and necessary for the discharge
of its duties pursuant to sections 8.001 to 8.007; and

(8) Hold hearings, issue notices of hearings and take testimony as the
commission deems necessary.

2. The "Second Capitol Commission Fund" is hereby created in the state
treasury. Any moneys received from sources other than appropriation by
the general assembly, including from private sources, gifts, donations
and grants, shall be credited to the second capitol commission fund and
shall be appropriated by the general assembly.

3. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, moneys in the second capitol commission fund shall not
be transferred and placed to the credit of the general revenue fund.

4. The commission is authorized to accept all gifts, bequests and
donations from any source whatsoever. The commission may also apply for
and receive grants consistent with the purposes of sections 8.001 to
8.007. All such gifts, bequests, donations and grants shall be used or
expended upon appropriation in accordance with their terms or
stipulations, and the gifts, bequests, donations or grants may be used or
expended for the preservation, restoration and improved accessibility and
for promoting the historical significance of the capitol.

(L. 2001 S.B. 470)

1. The governor, attorney general and lieutenant governor
constitute the board of public buildings. The governor is chairman and
the lieutenant governor, secretary. The speaker of the house of
representatives and the president pro tempore of the senate shall serve
as ex officio members of the board but shall not have the power to vote.
The board shall constitute a body corporate and politic. The board has
general supervision and charge of the public property of the state at the
seat of government and other duties imposed on it by law.

2. The commissioner of administration shall provide staff support to the
board. (RSMo 1939 § 10265, L. 1945 p. 1428 § 111, A. 1949 S.B. 1003, A.L.
1957 p. 726, A.L. 1961 p. 564, A.L. 1965 p. 126, A.L. 1995 H.B. 622, A.L.
2002 S.B. 1191)

Prior revisions: 1929 § 9135; 1919 § 9261; 1909 § 2706

Effective 6-7-02

CROSS REFERENCES: Additional authority of board, RSMo 33.305
Meramec-Onondaga state park fund, use and purposes, RSMo 253.520 Vending
facilities, state property, RSMo 8.700 to 8.745

At all state buildings and upon the grounds thereof, the board of
public buildings may accompany the display of the flag of the United
States and the flag of this state with the display of the POW/MIA flag,
which is designed to commemorate the service and sacrifice of the members
of the armed forces of the United States who were prisoners of war or
missing in action. (L. 1994 H.B. 1545, A.L. 1999 H.B. 930, A.L. 2000 S.B.
961)

The senate chamber, the senate committee rooms, the offices of the
members of the senate on the third and fourth floors of the state capitol
building and all other rooms and offices of the state capitol building
designed for or assigned by the board of public buildings to the use of
the members and officers of the senate, and all furniture, equipment and
supplies therein, are reserved for the exclusive use of the members and
officers of the senate. These rooms, together with the furniture,
equipment and supplies therein, are in direct charge and control of the
senate accounts committee. No use of any of said quarters other than by
the senate, its members or officers shall be made except with the written
consent of the senator or officer occupying the office rooms and upon the
order of the accounts committee. (L. 1977 S.B. 419 § 1)

The house chamber, the house committee rooms, the offices of the
members of the house on the third and fourth floors of the state capitol
building and all other rooms and offices of the state capitol building
designed for or assigned by the board of public buildings to the use of
the members and officers of the house, and all furniture, equipment and
supplies therein, are reserved for the exclusive use of the members and
officers of the house of representatives. These rooms, together with the
furniture, equipment and supplies therein, are in direct charge and
control of the house accounts committee. No use of any of said quarters
other than by the house of representatives, its members or officers shall
be made except with the written consent of the representative or officer
occupying the office rooms and upon the order of the accounts committee.
(L. 1977 S.B. 419 § 2)

1. There is hereby created a "Governor's Mansion Preservation
Advisory Commission".

2. The commission shall be composed of widows of former governors of
Missouri. Each widow of a former governor who notifies the governor in
writing that she desires to serve as a member of the commission shall be
appointed by him to the advisory commission.

3. The members of the advisory commission shall meet at such times as
requested by the governor of this state to consider ways and means of
preserving the governor's mansion.

4. The members of the advisory commission shall upon written notice to
the governor, in addition to their actual and necessary expenses incurred
in attending meetings, receive for their services the sum of three
thousand dollars per year. (L. 1967 p. 89 § 1, A.L. 1980 H.B. 1266)

*This section has no continuity with § 8.020 as repealed by L. 1965, H.B.
381 § 1.

1. The commissioner of administration shall establish a gift shop
in the museum of the state capitol.

2. The commissioner shall contract with the licensing agent, as defined
in section 8.700 to operate the capitol gift shop, as provided in section
8.705; provided, however, that the gift shop shall be staffed by persons
who are legally blind or otherwise handicapped.

3. At least fifty percent of the items on sale in the gift shop will be
items made, on consignment, by the sheltered workshops operating within
the state. "Sheltered workshops" as used in this section shall be defined
as in section 178.900, RSMo. (L. 1990 S.B. 527 § 1)

There is hereby created within the office of administration a
"Division of Facilities Management". Except as otherwise provided by law,
the director of the division of facilities management shall be
responsible for the management and operation of office buildings titled
in the name of the governor. The director shall exercise all diligence to
ensure that all facilities within his management and control comply with
the designated building codes; that they are clean, safe and secure, and
in proper repair; and that they are adequately served by all necessary
utilities. (RSMo 1939 §§ 10269, 10271, A. 1949 S.B. 1003, A.L. 1957 p.
726, A.L. 1965 p. 126, A.L. 1995 H.B. 622)

Prior revisions: 1929 §§ 9139, 9141; 1919 §§ 9265, 9267; 1909 §§ 2710,
2712

CROSS REFERENCES: Commissioner of administration to keep inventory of
removable property, RSMo 34.140 Departments to keep inventories of
property as prescribed by state auditor, RSMo 34.125

Notwithstanding the provisions of chapter 571, RSMo, the office of
administration, division of facilities management, is authorized to
provide armed security guards at state-owned or leased facilities except
at the seat of government and within the county which contains the seat
of government, either through qualified persons employed by the office of
administration, or through the use of a contract with a properly licensed
firm.

(L. 2002 S.B. 1119)

There is hereby created within the office of administration a
"Division of Design and Construction", which shall supervise the design,
construction, renovations and repair of state facilities, except as
provided in sections 8.015 and 8.017, and except in those belonging to
the institutions of higher education and the department of conservation.
The division of design and construction shall be responsible to review
all requests for appropriations for capital improvements. (RSMo 1939 §
10272, A.L. 1957 p. 726, A.L. 1965 p. 126, A.L. 1995 H.B. 622)

Prior revisions: 1929 § 9142; 1919 § 9268; 1909 § 2713

(1972) When state enters into a validly authorized contract it lays aside
privilege of sovereign immunity. U.S. DiCarlo Construction Co., Inc. v.
State (Mo.), 485 S.W.2d 52.

No person shall write or scribble on the walls or other parts of
the facilities, or mark the same with pictures or deface the same in any
manner under the penalty of not more than five hundred dollars to be
recovered by civil action, before the circuit court of Cole County, in
the name of the state. If the offense is committed by a person under the
age of eighteen years, he and his parent or guardian, as the case may be,
are liable to the penalty to be recovered as above directed. (RSMo 1939
§§ 10279, 10280, A.L. 1957 p. 726, A.L. 1965 p. 126, A.L. 1976 S.B. 503,
A.L. 1990 H.B. 1734)

Prior revisions: 1929 §§ 9149, 9150; 1919 §§ 9275, 9276; 1909 §§ 2720,
2721

CROSS REFERENCES: Minors and parent, guardian to make restitution for
damages or loss, RSMo 211.185 Minor's torts, parent, guardian and minor's
liability, work accepted in lieu of payment, RSMo 537.045 Property
damage, liability of parent or guardian, limitation, RSMo 537.045

The director shall prosecute, in the name of the state, for all
trespasses and injuries of every kind done to the public buildings and
other property, and shall attend to the suits relative to the same. The
attorney general shall give counsel, or prosecute suits, when required by
the director. (RSMo 1939 § 10270, A.L. 1957 p. 726)

Prior revisions: 1929 § 9140; 1919 § 9266; 1909 § 2711

The commissioner of administration shall make rules and
regulations for the regulation of traffic and parking at all parking
space upon the capitol grounds and upon the grounds of other state
buildings located within the capital city. The regulations shall be
enforced by the Missouri capitol police. (L. 1955 p. 765 § 1, A.L. 1957
p. 726, A.L. 1965 p. 126, A.L. 1995 H.B. 421 merged with H.B. 622)

The parking garage located on the northeast capitol complex
grounds and the parking garage located on the northwest capitol complex
grounds shall be under the joint control and operation of both houses of
the general assembly by their respective accounts committees. Those
committees, working jointly, shall control parking in and use of those
garages. A majority of the membership of each committee shall be
necessary to reach decisions regarding the garages. When the general
assembly is not in session all parking spaces in the parking garage
located on the northwest capitol complex grounds, except two hundred
thirty-six spaces assigned by the accounts committees, shall be available
to state employees on a first-come, first-served basis. (L. 1990 H.B.
1268 § 1)

1. The director of the department of public safety shall employ
Missouri capitol police officers for public safety at the seat of state
government. Each Missouri capitol police officer, upon appointment, shall
take and subscribe an oath of office to support the constitution and laws
of the United States and the state of Missouri and shall receive a
certificate of appointment, a copy of which shall be filed with the
secretary of state, granting such police officers all the same powers of
arrest held by other police officers to maintain order and preserve the
peace in all state-owned or leased buildings, and the grounds thereof, at
the seat of government and such buildings and grounds within the county
which contains the seat of government.

2. The director of the department of public safety shall appoint a
sufficient number of Missouri capitol police officers, with available
appropriations, as appropriated specifically for the purpose designated
in this subsection, so that the capitol grounds may be patrolled at all
times, and that traffic and parking upon the capitol grounds and the
grounds of other state buildings owned or leased within the capital city
and the county which contains the seat of government may be properly
controlled. Missouri capitol police officers may make arrests for the
violation of parking and traffic regulations promulgated by the office of
administration.

3. Missouri capitol police officers shall be authorized to arrest a
person anywhere in the county that contains the seat of state government,
when there is probable cause to believe the person committed a crime
within capitol police jurisdiction or when a person commits a crime
within capitol police jurisdiction or when a person commits a crime in
the presence of an on-duty capitol police officer. (L. 1995 H.B. 421 §§
1, 2 merged with H.B. 622 § 2, A.L. 1997 H.B. 520, A.L. 2005 H.B. 353)

*This section was amended by both H.B. 353 and H.B. 487 during the First
Regular Session of the 93rd General Assembly, 2005. Due to possible
conflict, both versions are printed here.

CROSS REFERENCES: Personnel exempt from merit system, RSMo 36.030
Scholarship or grants for disabled personnel injured or survivors of
personnel killed in the line of duty, RSMo 173.260

Any person who violates sections 8.172 to 8.174*, or section
8.177, or any of the traffic or parking regulations of the commissioner
shall be punished as follows: Fines for traffic violations shall not,
except as provided by section 301.143, RSMo, exceed five dollars for
overparking, fifteen dollars for double parking and fifty dollars for
speeding, and the circuit court of Cole County has authority to enforce
this law. (L. 1955 p. 765 § 4, A.L. 1957 p. 726, A.L. 1978 H.B. 1634,
A.L. 1995 H.B. 421 merged with H.B. 622)

*Section 8.174 was repealed by H.B. 622, 1995.

In all cases where a court or other officer performs any lawful
service, at the instance of any director of the division of design and
construction in and about the collection of debts due the state, and the
costs have not nor cannot be made out of the defendant, the director of
the division of design and construction shall pay the same fees that
other plaintiffs are bound to pay for similar services, and no other.
(RSMo 1939 § 10282, A.L. 1957 p. 726, A.L. 1965 p. 126)

Prior revisions: 1929 § 9152; 1919 § 9278; 1909 § 2723

The state auditor shall allow the director on settlement for
moneys legally paid out by virtue of this chapter. (RSMo 1939 § 10284,
A.L. 1957 p. 726)

Prior revisions: 1929 § 9154; 1919 § 9280; 1909 § 2725

The director of the division of design and construction shall
proceed against any sheriff or peace officer who refuses to perform any
duty, in the name of the state, in the same way and to the full extent
that any other plaintiff in an action might or could do. (RSMo 1939 §
10281, A. 1949 S.B. 1003, A.L. 1957 p. 726, A.L. 1965 p. 126)

Prior revisions: 1929 § 9151; 1919 § 9277; 1909 § 2722

Every conservator of the peace for the county of Cole shall, upon
information on oath or of their own knowledge, cause any person
committing waste, trespass or injury on state property at the seat of
government to be brought before him by like process as in other criminal
cases to cause the person to enter into recognizance with sufficient
security for his appearance at the next term of the circuit court of the
county, or to commit him to jail in default of his entering into
recognizance. (RSMo 1939 § 10277, A. 1949 S.B. 1003, A.L. 1957 p. 726)

Prior revisions: 1929 § 9147; 1919 § 9273; 1909 § 2718

Whenever the state of Missouri appropriates moneys for the
erection of a public building designating the amount and naming a
commission or board or any person to erect the building, or contract for
the same, the commission, board or person shall not exceed the amount
appropriated for the purpose in any manner, but shall strictly comply
with the act appropriating the moneys. Any commission, board or person
violating this section upon conviction shall be fined in a sum not
exceeding five thousand dollars. (RSMo 1939 §§ 14937, 14938, A.L. 1957 p.
726)

Prior revisions: 1929 §§ 13743, 13744; 1919 §§ 10385, 10386; 1909 §§
1288, 1289

1. For purposes of this section, the following terms shall mean:

(1) "Energy cost savings measure", a training program or facility
alteration designed to reduce energy consumption or operating costs, and
may include one or more of the following:

(a) Insulation of the building structure or systems within the building;

(b) Storm windows or doors, caulking or weather stripping, multiglazed
windows or doors, heat absorbing or heat reflective glazed and coated
window or door systems, additional glazing reductions in glass area, or
other window and door system modifications that reduce energy consumption;

(c) Automated or computerized energy control system;

(d) Heating, ventilating or air conditioning system modifications or
replacements;

(e) Replacement or modification of lighting fixtures to increase the
energy efficiency of the lighting system without increasing the overall
illumination of a facility, unless an increase in illumination is
necessary to conform to the applicable state or local building code for
the lighting system after the proposed modifications are made;

(f) Indoor air quality improvements to increase air quality that conforms
to the applicable state or local building code requirements;

(g) Energy recovery systems;

(h) Cogeneration systems that produce steam or forms of energy such as
heat, as well as electricity, for use primarily within a building or
complex of buildings;

(i) Any life safety measures that provide long-term operating cost
reductions and are in compliance with state and local codes;

(j) Building operation programs that reduce the operating costs; or

(k) Any life safety measures related to compliance with the Americans
With Disabilities Act, 42 U.S.C. Section 12101, et seq., that provide
long-term operating cost reductions and are in compliance with state and
local codes;

(2) "Governmental unit", a state government agency, department,
institution, college, university, technical school, legislative body or
other establishment or official of the executive, judicial or legislative
branches of this state authorized by law to enter into contracts,
including all local political subdivisions such as counties,
municipalities, public school districts or public service or special
purpose districts;

(3) "Guaranteed energy cost savings contract", a contract for the
implementation of one or more such measures. The contract shall provide
that all payments, except obligations on termination of the contract
before its expiration, are to be made over time and the energy cost
savings are guaranteed to the extent necessary to make payments for the
systems. Guaranteed energy cost savings contracts shall be considered
public works contracts to the extent that they provide for capital
improvements to existing facilities;

(4) "Operational savings", expenses eliminated and future replacement
expenditures avoided as a result of new equipment installed or services
performed;

(5) "Qualified provider", a person or business experienced in the design,
implementation and installation of energy cost savings measures;

(6) "Request for proposals" or "RFP", a negotiated procurement.

2. No governmental unit shall enter into a guaranteed energy cost savings
contract until competitive proposals therefor have been solicited by the
means most likely to reach those contractors interested in offering the
required services, including but not limited to direct mail solicitation,
electronic mail and public announcement on bulletin boards, physical or
electronic. The request for proposal shall include the following:

(1) The name and address of the governmental unit;

(2) The name, address, title and phone number of a contact person;

(3) The date, time and place where proposals shall be received;

(4) The evaluation criteria for assessing the proposals; and

(5) Any other stipulations and clarifications the governmental unit may
require.

3. The governmental unit shall award a contract to the qualified provider
that provides the lowest and best proposal which meets the needs of the
unit if it finds that the amount it would spend on the energy cost
savings measures recommended in the proposal would not exceed the amount
of energy or operational savings, or both, within a fifteen-year period
from the date installation is complete, if the recommendations in the
proposal are followed. The governmental unit shall have the right to
reject any and all bids.

4. The guaranteed energy cost savings contract shall include a written
guarantee of the qualified provider that either the energy or operational
cost savings, or both, will meet or exceed the costs of the energy cost
savings measures, adjusted for inflation, within fifteen years. The
qualified provider shall reimburse the governmental unit for any
shortfall of guaranteed energy cost savings on an annual basis. The
guaranteed energy cost savings contract may provide for payments over a
period of time, not to exceed fifteen years, subject to appropriation of
funds therefor.

5. The governmental unit shall include in its annual budget and
appropriations measures for each fiscal year any amounts payable under
guaranteed energy savings contracts during that fiscal year.

6. A governmental unit may use designated funds for any guaranteed energy
cost savings contract including purchases using installment payment
contracts or lease purchase agreements, so long as that use is consistent
with the purpose of the appropriation.

7. Notwithstanding any provision of this section to the contrary, a
not-for-profit corporation incorporated pursuant to chapter 355, RSMo,
and operating primarily for educational purposes in cooperation with
public or private schools shall be exempt from the provisions of this
section. (L. 1997 S.B. 408 § 1, A.L. 2002 S.B. 810 merged with S.B. 1012)

1. Notwithstanding subsection 3 of section 8.231 and section
34.040, RSMo, the office of administration is hereby authorized to
contract for guaranteed energy cost savings contracts by selecting a bid
for proposal from a contractor or team of contractors using the following
criteria:

(1) The specialized experience and technical competence of the firm or
team with respect to the type of services required;

(2) The capacity and capability of the firm or team to perform the work
in question, including specialized services, within the time limitations
fixed for the completion of the project. The scope of work identified in
the report of energy audit findings shall be developed and executed in a
manner that best meets the needs of the governmental unit. For the
purposes of this section and section 8.237, "best meets the needs of the*
governmental unit" means, but is not limited to, on a cost- effective and
timely basis but not otherwise inconsistent with the provisions provided
herein; and

(3) The past record of performance of the firm or team with respect to
such factors as control of costs, quality of work and ability to meet
schedules.

2. The guaranteed energy cost saving contract shall otherwise be in
accordance with the provisions of section 8.231.

3. Other state governmental units may procure these services in
accordance with this section.

4. A governmental unit may use designated funds, bonds, or master lease
for any guaranteed energy cost savings contract including purchases using
installment payment contracts or lease purchase agreements, so long as
that use is consistent with the purpose of the appropriation.

5. Other state governmental units shall participate in the procurement of
these services, in accordance with sections 8.231 and 8.237 with
implementation beginning on or prior to June 1, 2006. (L. 2002 S.B. 810,
A.L. 2004 H.B. 1599)

*Word "the" does not appear in original rolls.

1. The office of administration shall develop a statewide plan of
energy conservation and cost savings for the buildings and facilities of
the state. The plan shall be designed to implement energy conservation
and cost savings on a cost-effective basis. The office of administration
shall divide the buildings and facilities of the state by its
administrative agencies such that numerous qualified providers of varying
capacity shall be eligible to submit requests for proposals or request
for qualifications. The office of administration shall give preference to
Missouri companies as provided for in sections 34.070 and 34.073, RSMo,
and relevant executive orders. Prior to the office of administration
entering into such contract, it shall solicit sealed proposals from
entities that best meet the needs of the governmental unit. Each
governmental unit, as defined in section 8.231, prior to entering into a
contract for the implementation of any significant energy conservation or
facility improvement measure identified by the office of administration,
shall meet the following requirements:

(1) Obtain a report of energy audit findings from the entity providing
the energy conservation measures containing recommendations concerning
the costs of installation, modifications, or remodeling, including costs
of design, engineering, repairs, and financing; and

(2) The proposal shall guarantee to such governmental unit an amount of
cost savings in energy or operating costs, as defined in section 8.231,
if such installation, modification, or remodeling is performed by that
entity.

2. For purposes of this section, "energy conservation and facility
improvement measure" designed to reduce energy consumption, as defined in
section 8.231, includes, but is not limited to, automated or computerized
energy control and facility management systems or computerized
maintenance management systems, replacement or modification of lighting
fixtures and systems, energy recovery systems, water conservation,
cogeneration systems, and window and door system modifications.

3. The entity shall contractually guarantee energy savings as appropriate
and in a manner that meets the needs of the governmental unit.

4. With regard to energy cost savings in section 8.235 and this section,
subject to appropriations, funding may be provided by the office of
administration's revolving administrative trust fund, general revenue, or
other appropriate fund source. (L. 2004 H.B. 1599)

1. This section shall be known as the "Energy Efficiency
Implementation Act".

2. The office of administration shall identify and cause to be deposited
into the office of administration revolving "Administrative Trust Fund"
created in section 37.005, RSMo, no more than two and one-half percent of
the total cost savings realized as a result of implementing sections
8.231 to 8.237. "Cost savings" shall be defined as expenses eliminated
and future replacement expenditures avoided as a direct result of
implementing sections 8.231 to 8.237. The percentage of cost savings and
the means of calculating such cost savings shall be determined by the
commissioner of administration or his designated agent and shall be set
forth in the performance contract.

3. At least annually, a report shall be prepared and forwarded to the
governor, the speaker of the house of representatives and the president
pro tem of the senate outlining the cost savings identified by the office
of administration pursuant to subsection 2 of this section.

4. In order to advise the governor, and consistent with this section, the
office of administration shall have authority to:

(1) Establish policies and procedures for facility management and
valuation;

(2) Coordinate a state facility review;

(3) Implement a capital improvement plan;

(4) Solicit and evaluate state facility investment proposals;

(5) Establish performance measures for facility management operations; and

(6) Prepare annual reports and plans concerning operation savings.

5. Subject to appropriation from the general assembly, the office of
administration may expend the cost savings and the interest thereon, if
any, at such time or times as are necessary to offset all reasonable
costs associated with the implementation of sections 8.231 to 8.237.

6. The provisions of section 33.080, RSMo, requiring the transfer of
unexpended funds to the general revenue fund of the state shall not apply
to funds identified and not otherwise expended for the implementation of
this section.

7. The office of administration shall have the authority, pursuant to
chapter 536*, RSMo, to promulgate rules regarding the implementation of
this section. Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is created under the authority delegated in
this section shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date, or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2005, shall be invalid and void. (L.
2005 S.B. 122)

*Words "chapter 537" appear in original rolls, a typographical error.

The board of public buildings may acquire for the seat of
government in the name of the state of Missouri, by gift, purchase,
eminent domain or otherwise, real property necessary, useful or
convenient for the use of the board of public buildings in the exercise
of any power or authority which the board has. In the event the right of
eminent domain is exercised it shall be exercised in the manner provided
for the exercise of eminent domain by the state highways and
transportation commission. (L. 1949 p. 544 § 116a, A.L. 1957 p. 726, A.L.
1965 p. 126)

1. In addition to other provisions of law relating to title to and
conveyance of real property by the state, and notwithstanding any
provisions of chapter 8, RSMo, to the contrary, if the state should ever
purchase or otherwise acquire ownership of real property located in a
city not within a county as described in subsection 2 of this section,
the state shall:

(1) Use, operate and maintain such property in full compliance with all
applicable deed restrictions encumbering the property;

(2) Operate, maintain and use the property exclusively by the department
of mental health for the purpose of housing no more than six employed and
employable mentally retarded or developmentally disabled adults, and for
no other purpose and by no other state agency, in whole or in part;

(3) Not sell or otherwise transfer ownership of the property, unless such
property is sold or transferred solely for private, single-family
residential use, which shall not be deemed to include, without
limitation, any sale, transfer or conveyance of ownership of the property
to any other state agency or department or program.

2. The property subject to the provisions of this section is more
particularly described as follows:

A parcel of real estate situated in Lot 20 in

Block A of Compton Heights and in Block No.

1365 of the City of St. Louis, fronting 100

feet 0-3/8 inches on the North line of

Longfellow Boulevard by a depth Northwardly

on the east line of a 160 square foot and 159

feet 5 inches on the West line to the North

line of said lot on which there is a frontage

of 100 feet bounded East by Compton Avenue

together with all improvements thereon, known

as and numbered 3205 Longfellow Boulevard. (L. 1990 S.B. 728 § 3)

1. "Project" for the purposes of this chapter means the labor or
material necessary for the construction, renovation, or repair of
improvements to real property so that the work, when complete, shall be
ready for service for its intended purpose and shall require no other
work to be a completed system or component.

2. All contracts for projects, the cost of which exceeds twenty-five
thousand dollars, entered into by any officer or agency of this state or
of any city containing five hundred thousand inhabitants or more shall be
let to the lowest, responsive, responsible bidder or bidders after notice
and publication of an advertisement for five days in a daily newspaper in
the county where the work is located, or at least twice over a period of
ten days or more in a newspaper in the county where the work is located,
and in two daily newspapers in the state which do not have less than
fifty thousand daily circulation, and by such other means as are
determined to be most likely to reach potential bidders.

3. The number of such public bids shall not be restricted or curtailed,
but shall be open to all persons complying with the terms upon which the
bids are requested or solicited unless debarred for cause. No contract
shall be awarded when the amount appropriated for same is not sufficient
to complete the work ready for service.

4. Dividing a project into component labor or material allocations for
the purpose of avoiding bidding or advertising provisions required by
this section is specifically prohibited. (RSMo 1939 § 14939, A.L. 1957 p.
726, A.L. 1995 H.B. 622)

Prior revisions: 1929 § 13745; 1919 § 10387; 1909 § 1290

(1955) Section 8.250 is not applicable to street repairs in cities of the
fourth class because that subject is specifically dealt with by § 88.703.
Bauer v. City of Berkeley (A.), 282 S.W.2d 154.

1. The director may authorize any agency of the state to establish
standing contracts for the purpose of accomplishing construction,
renovation, maintenance and repair projects not exceeding one hundred
thousand dollars. Such contracts shall be advertised and bid in the same
manner as contracts for work which exceeds one hundred thousand dollars,
except that each contract shall allow for multiple projects, the cost of
each of which does not exceed one hundred thousand dollars. Each contract
shall be of a stated duration and shall have a stated maximum total
expenditure.

2. The director, with full documentation, shall have the authority to
authorize any agency to contract for any design or construction,
renovation, maintenance, or repair work which in his judgment can best be
procured directly by such agency. The director shall establish, by rule,
the procedures which the agencies must follow to procure contracts for
design, construction, renovation, maintenance or repair work. Each agency
which procures such contracts pursuant to a delegation shall file an
annual report as required by rule. The director shall provide general
supervision over the process. The director may establish procedures by
which such contracts are to be procured, either generally or in
accordance with each authorization.

3. The director, in his sole discretion, may with full documentation
approve a recommendation from a project designer that a material, product
or system within a specification for construction, renovation or repair
work be designated by brand, trade name or individual mark, when it is
determined to be in the best interest of the state. The specification may
include a preestablished price for purchase of the material, product or
system where required by the director. (L. 1995 H.B. 622, A.L. 2005 S.B.
462)

Effective 6-29-05

All appropriations made by the general assembly amounting to one
hundred thousand dollars or more for the construction, renovation, or
repair of facilities shall be expended in the following manner:

(1) The agency requesting payment shall provide the commissioner of
administration with satisfactory evidence that a bona fide contract,
procured in accordance with all applicable procedures, exists for the
work for which payment is requested;

(2) All requests for payment shall be approved by the architect or
engineer registered to practice in the state of Missouri who designed the
project or who has been assigned to oversee it;

(3) In order to guarantee completion of the contract, the agency or
officer shall retain a portion of the contract value in accordance with
the provisions of section 34.057, RSMo;

(4) A contractor may be paid for materials delivered to the site or to a
storage facility approved by the director of the division of design and
construction as having adequate safeguards against loss, theft or
conversion.

In no case shall the amount contracted for exceed the amount appropriated
by the general assembly for the purpose. (RSMo 1939 § 14940, A.L. 1957 p.
726, A.L. 1965 p. 126, A.L. 1981 H.B. 165, A.L. 1995 H.B. 622, A.L. 2005
S.B. 462) . Prior revisions: 1929 § 13746; 1919 § 10388; 1909 § 1291

Effective 6-29-05

CROSS REFERENCE: Bidding for construction of a minimum security
correctional facility, RSMo 221.500

If the amount appropriated is less than one hundred thousand
dollars for constructing, renovating or for repairing, or for both
building and repairing, no warrant shall be drawn on the state treasury
payable out of the appropriation for any part thereof, until satisfactory
evidence is furnished to the commissioner of administration that the work
has been completed according to the contract, and not in excess of the
amount appropriated therefor. (RSMo 1939 § 14941, A.L. 1957 p. 726, A.L.
1965 p. 126, A.L. 1995 H.B. 622, A.L. 2005 S.B. 462)

Prior revisions: 1929 § 13747; 1919 § 10389; 1909 § 1292

Effective 6-29-05

1. The "Third State Building Trust Fund" is hereby established in
the state treasury. The fund shall consist of all moneys transferred to
it from the third state building fund as provided in this section.

2. On the day in each fiscal year prior to the date upon which any
appropriation from the third state building fund for such year would
otherwise lapse, the commissioner of administration shall transfer from
the third state building fund to the third state building trust fund an
amount equal to the aggregate of all such balances. The commissioner
shall maintain such accounts as may be necessary to preserve all balances
so transferred for the benefit of those agencies or entities to which the
appropriations were originally made, and nothing herein shall be
construed so as to permit any amount so transferred to be appropriated to
or otherwise spent for the benefit of any agency or entity other than
that to which the appropriation was originally made. Unexpended balances
in the third state building trust fund at the end of any fiscal year
shall not be transferred to the general revenue fund or any other fund,
the provisions of section 33.080, RSMo, to the contrary notwithstanding.

3. Amounts appropriated from the third state building trust fund shall
not be considered in determining allocations of appropriations required
to be made from the third state building fund for any fiscal year.

4. Any interest or other earnings earned with respect to amounts
transferred to the third state building trust fund shall be credited as
earned to the third state building fund. (L. 1983 S.B. 266 § 1, A.L. 1985
S.B. 304)

Every commission, board, committee, officer or other governing
body of the state, charged with the construction or repair of public
buildings, and every person acting as contracting or purchasing agent for
any commission, board, committee, officer or other governing body of the
state, shall purchase and use only the products of the mines, forests,
and quarries of the state of Missouri, when they are found in marketable
quantities in the state, and all materials contracted for shall be of the
best quality, and preference shall be given to Missouri materials and
labor where same are of a suitable character and can be obtained at
reasonable market prices. Any contract for materials made in violation of
this section is void and in the event of the construction or repair of
public buildings where products of mines, forests and quarries other than
as enumerated above are used, the commissioner of administration shall
not approve, the state auditor shall not audit nor the state treasurer
pay any warrants issued in payment of the construction. (RSMo 1939 §
14618, A.L. 1957 p. 726)

1. If a state agency for whom work is being performed by a
contractor determines upon reasonable evidence that the contractor or a
subcontractor engaged to complete work required by the contract hired one
or more aliens who are unauthorized to work in the United States, the
state agency shall order the contractor to cause the discharge of such
unauthorized workers.

2. If upon reasonable evidence the state agency determines that a
contractor or subcontractor has knowingly violated the Immigration Reform
and Control Act of 1986, or its successor statute, in employing aliens
unauthorized to work in the United States, the agency may cause up to
twenty percent of the total amount of the contract or subcontract
performed by the employer of such unauthorized workers to be withheld
from payment to the employer in violation of such statute.

3. If a contractor is determined by a state agency upon reasonable
evidence to have engaged a subcontractor to complete work required by the
contract with knowledge that the subcontractor violated or intended to
violate the Immigration Reform and Control Act of 1986, or its successor
statute, in hiring or continuing to employ aliens unauthorized to work in
the United States, the state agency may withhold from the contractor up
to double the amount caused to be withheld from payments to the
subcontractor.

4. Any contractor or subcontractor from whom payment is withheld under
subsection 2 or 3 of this section shall be ineligible to perform other
contracts or subcontracts for the state of Missouri for a period of two
years from the date of such action.

5. No state agency or contractor taking any action authorized by this
section shall be subject to any claim arising from such action and shall
be deemed in compliance with the laws of this state regarding timely
payment.

6. The provisions of this section shall only be effective to the extent
that such provisions are not preempted or prohibited by Section 1324(a)
of Title 8 of the United States Code, as now or hereafter amended, and
any regulations promulgated thereunder, relating to the employment of
unauthorized aliens. (L. 1998 H.B. 1681 & 1342 § 1 merged with S.B. 883 §
1)

It shall be the policy of the state of Missouri and political
subdivisions of the state of Missouri to negotiate contracts for
architectural, engineering and land surveying services on the basis of
demonstrated competence and qualifications for the type of services
required and at fair and reasonable prices. (L. 1983 H.B. 322 § 1)

As used in sections 8.285 to 8.291 unless the context specifically
requires otherwise:

(1) "Agency" means each agency of the state and each agency of a
political subdivision thereof authorized to contract for architectural,
engineering and land surveying services;

(2) "Architectural services" means any service as defined in section
327.091, RSMo;

(3) "Engineering services" means any service as defined in section
327.181, RSMo;

(4) "Firm" means any individual, firm, partnership, corporation,
association or other legal entity permitted by law to practice the
profession of architecture, engineering or land surveying and provide
said services;

(5) "Land surveying services" means any service as defined in section
327.272, RSMo;

(6) "Project" means any capital improvement project or any study, plan,
survey or program activity of a state agency or political subdivision
thereof, including development of new or existing programs. (L. 1983 H.B.
322 § 2)

Present provisions of law notwithstanding, in the procurement of
architectural, engineering or land surveying services, each agency which
utilizes architectural, engineering or land surveying services shall
encourage firms engaged in the lawful practice of their professions to
annually submit a statement of qualifications and performance data to the
agency. Whenever a project requiring architectural, engineering or land
surveying services is proposed for an agency of the state or political
subdivision thereof, the agency shall evaluate current statements of
qualifications and performance data of firms on file together with those
that may be submitted by other firms regarding the proposed project. In
evaluating the qualifications of each firm the agency shall use the
following criteria:

(1) The specialized experience and technical competence of the firm with
respect to the type of services required;

(2) The capacity and capability of the firm to perform the work in
question, including specialized services, within the time limitations
fixed for the completion of the project;

(3) The past record of performance of the firm with respect to such
factors as control of costs, quality of work, and ability to meet
schedules;

(4) The firm's proximity to and familiarity with the area in which the
project is located. (L. 1983 H.B. 322 § 3)

1. The agency shall list three highly qualified firms. The agency
shall then select the firm considered best qualified and capable of
performing the desired work and negotiate a contract for the project with
the firm selected.

2. For a basis for negotiations the agency shall prepare a written
description of the scope of the proposed services.

3. If the agency is unable to negotiate a satisfactory contract with the
firm selected, negotiations with that firm shall be terminated. The
agency shall then undertake negotiations with another of the qualified
firms selected. If there is a failing of accord with the second firm,
negotiations with such firm shall be terminated. The agency shall then
undertake negotiations with the third qualified firm.

4. If the agency is unable to negotiate a contract with any of the
selected firms, the agency shall reevaluate the necessary architectural,
engineering or land surveying services, including the scope and
reasonable fee requirements, again compile a list of qualified firms and
proceed in accordance with the provisions of sections 8.285 to 8.291.

5. The provisions of sections 8.285 to 8.291 shall not apply to any
political subdivision which adopts a formal procedure for the procurement
of architectural, engineering and land surveying services. (L. 1983 H.B.
322 §§ 4, 5, 6)

1. No rule or portion of a rule promulgated under the authority of
this chapter shall become effective until it has been approved by the
joint committee on administrative rules in accordance with the procedures
provided herein, and the delegation of the legislative authority to enact
law by the adoption of such rules is dependent upon the power of the
joint committee on administrative rules to review and suspend rules
pending ratification by the senate and the house of representatives as
provided herein.

2. Upon filing any proposed rule with the secretary of state, the filing
agency shall concurrently submit such proposed rule to the committee,
which may hold hearings upon any proposed rule or portion thereof at any
time.

3. A final order of rulemaking shall not be filed with the secretary of
state until thirty days after such final order of rulemaking has been
received by the committee. The committee may hold one or more hearings
upon such final order of rulemaking during the thirty-day period. If the
committee does not disapprove such order of rulemaking within the
thirty-day period, the filing agency may file such order of rulemaking
with the secretary of state and the order of rulemaking shall be deemed
approved.

4. The committee may, by majority vote of the members, suspend the order
of rulemaking or portion thereof by action taken prior to the filing of
the final order of rulemaking only for one or more of the following
grounds:

(1) An absence of statutory authority for the proposed rule;

(2) An emergency relating to public health, safety or welfare;

(3) The proposed rule is in conflict with state law;

(4) A substantial change in circumstance since enactment of the law upon
which the proposed rule is based.

5. If the committee disapproves any rule or portion thereof, the filing
agency shall not file such disapproved portion of any rule with the
secretary of state and the secretary of state shall not publish in the
Missouri Register any final order of rulemaking containing the
disapproved portion.

6. If the committee disapproves any rule or portion thereof, the
committee shall report its findings to the senate and the house of
representatives. No rule or portion thereof disapproved by the committee
shall take effect so long as the senate and the house of representatives
ratify the act of the joint committee by resolution adopted in each house
within thirty legislative days after such rule or portion thereof has
been disapproved by the joint committee.

7. Upon adoption of a rule as provided herein, any such rule or portion
thereof may be suspended or revoked by the general assembly either by
bill or, pursuant to section 8, article IV of the constitution, by
concurrent resolution upon recommendation of the joint committee on
administrative rules. The committee shall be authorized to hold hearings
and make recommendations pursuant to the provisions of section 536.037,
RSMo. The secretary of state shall publish in the Missouri Register, as
soon as practicable, notice of the suspension or revocation. (L. 1995
H.B. 622)

There is hereby created within the state treasury the "State
Facility Maintenance and Operation Fund", which shall be funded annually
by appropriation, and which shall contain moneys transferred or paid to
the office of administration or the board of public buildings as
operating expenses and for-rent expenses of state-owned facilities
operated by the office of administration. The state treasurer shall be
custodian of the fund and shall approve disbursements from the fund for
maintenance, repair, and operating expenses of the facilities. The
provisions of section 33.080, RSMo, to the contrary notwithstanding,
moneys in the fund shall not lapse, unless and only to the extent to
which the unencumbered balance at the close of any fiscal year exceeds
one-twelfth of the total amount appropriated, paid, or transferred to the
fund during such fiscal year. (L. 1995 H.B. 622 § 1)

Any other provision of law to the contrary notwithstanding, no
contracts shall be let for design, repair, renovation or construction
without approval of the director of the division of design and
construction, and no claim for design, repair, construction or renovation
projects under contract shall be accepted for payment by the commissioner
of administration without approval by the director of the division of
design and construction; except that the department of conservation, the
boards of curators of the state university and Lincoln University, the
several boards of regents of the state colleges and the boards of
trustees of the community junior colleges may contract for architectural
and engineering services for the design and supervision of the
construction, repair, maintenance or improvement of buildings or
institutions and may contract for construction, repair, maintenance or
improvement. The director of the division of design and construction
shall not be required to review any claim for payment under any such
contract not originally approved by him. No claim under any contract
executed by the department of conservation or an institution of higher
learning, as provided above, shall be certified by the commissioner of
administration unless the entity making the claim shall certify in
writing that the payment sought is in accordance with the contract
executed by the entity and that the underlying construction, repair,
maintenance or improvement conforms with applicable regulations
promulgated by the director pursuant to section 8.320. (L. 1958 2d Ex.
Sess. p. 183 § 7, A.L. 1965 p. 126, A.L. 1984 S.B. 691, A.L. 1987 H.B.
33, A.L. 1995 H.B. 622)

The director of design and construction shall provide technical
assistance to the director of the budget with regard to requests for
capital improvement appropriations. The director shall review all capital
improvement requests, including those made by the institutions of higher
learning, the department of conservation or the highway commission, and
shall recommend to the director of the budget and the governor those
proposals which should be funded. (L. 1995 H.B. 622)

The division of design and construction shall promulgate a method
to accurately calculate the replacement cost of all buildings owned by
public institutions of higher education. The method shall be developed in
cooperation with such institutions and shall include the necessary
components and factors to accurately calculate a replacement cost. The
division shall utilize a procedure to allow differences to be resolved
and may include an alternative calculation where the original cost plus
an inflation factor is utilized to determine a replacement cost value.
(L. 1995 H.B. 622)

The director of the division of design and construction shall set
forth reasonable conditions to be met and procedures to be followed in
the repair, maintenance, operation, construction and administration of
state facilities. The conditions and procedures shall be codified and
filed with the secretary of state in accordance with the provisions of
the constitution. No payment shall be made on claims resulting from work
performed in violation of these conditions and procedures, as certified
by the director of the division of design and construction. (L. 1958 2d
Ex. Sess. p. 183 § 8, A.L. 1965 p. 126)

1. In addition to providing the general assembly with estimates of
the cost of completing a proposed capital improvement project, the
division of design and construction shall provide the general assembly,
at the same time as the division submits the estimate of the capital
improvement costs for the proposed capital improvement project, an
estimate of the operating costs of such completed capital improvement
project for its first full year of operation. Such estimate shall
include, but not be limited to, an estimate of the cost of:

(1) Personnel directly related to the operation of the completed capital
improvement project, such as janitors, security, and other persons who
would provide necessary services for the completed project or facility;

(2) Utilities for the completed project or facility; and

(3) Any maintenance contracts which would be entered into in order to
provide services for the completed project or facility, such as elevator
maintenance, boiler maintenance, and other similar service contracts with
private contractors to provide maintenance services for the completed
project or facility.

2. The costs estimates required by this section shall clearly indicate
the additional operating costs of the building or facility due to the
completion of the capital improvement project where such proposed project
is for an addition to an existing building or facility.

3. Any agency of state government which removes from rental quarters or
state-owned buildings because of defective conditions or any other state
personnel shall be prevented from reoccupation of those quarters for a
period of three years unless such defective conditions are renovated
within a reasonable time before reoccupation. (L. 1990 H.B. 1152 § 1)

The director of the division of design and construction may secure
information and data relating to state facilities from all departments
and agencies of the state and each department and agency shall furnish
information and data when requested by the director of the division of
design and construction. All information and data collected by the
director of the division of design and construction is available at all
times to the general assembly upon request. (L. 1958 2d Ex. Sess. p. 183
§ 9, A.L. 1965 p. 126)

The director of the division of design and construction shall
assemble and maintain complete files of information on the repair,
utilization, cost and other data for all state facilities, including
power plants, pump houses and similar facilities. He shall also assemble
and maintain files containing a full legal description of all real estate
owned by the state and blueprints of all state facilities. (L. 1958 2d
Ex. Sess. p. 183 § 4, A.L. 1965 p. 126)

The director of the division of design and construction shall
deliver to his successor all property and papers of every kind in his
possession, relative to the affairs of state, make an inventory thereof,
upon which he shall take a receipt of his successor, and deliver the same
to the secretary of state. (L. 1958 2d Ex. Sess. p. 183 § 10, A.L. 1965
p. 126)

The director of the division of design and construction shall
inspect all facilities and report to the general assembly at the
commencement of each regular session on their condition, maintenance,
repair and utilization. (L. 1958 2d Ex. Sess. p. 183 § 6, A.L. 1965 p.
126)

As used in sections 8.370 to 8.450 the following words and phrases
mean:

(1) "Agency", any state department or any division or branch thereof, or
any bureau, board, commission, institution, officer or office of the
state of Missouri;

(2) "Board", the state board of public buildings;

(3) "Instrumentalities", any elected official of the state, state office,
state agency or any individual who spends more than fifty percent of his
time in work for the state that receives all or any part of its funds or
compensation from appropriated funds of this state;

(4) "Net income and revenues", at the discretion of the board, any of the
following: the income arising from the operation of a project remaining
after providing for the costs of operation of the project and the costs
of maintenance thereof; appropriations of the general assembly for the
payment of bonds issued by the board for any project; or, in the case of
energy retrofitting projects, the income arising from agreement between
the board of public buildings and the department responsible for the
operation of the facility;

(5) "Project", one or more office buildings or other structures,
renovations, improvements and equipping of such buildings and structures
and any other facilities for the use and occupancy of the agencies and
instrumentalities of the state, including the department of corrections
and human resources, the department of mental health and, at the
discretion of the board, energy retrofitting projects in state-owned
facilities or any eating facilities which may be rented to a desirable
person, firm or corporation, upon proper bids, at the rental costs that
the board determines to be reasonable and necessary under the provisions
of sections 8.370 to 8.450;

(6) "Revenue bonds", bonds issued hereunder for the purposes herein
authorized and payable, both as to principal and interest, solely and
only out of net income and revenues relating to any project, and, in
addition thereto, in the discretion of the board, out of the proceeds of
any grant in aid of the project which may be received from any source.
(L. 1959 H.B. 241 § 1, A.L. 1967 p. 91, A.L. 1982 H.B. 1501, A.L. 1984
S.B. 690, A.L. 2003 H.B. 401)

Effective 2-26-03

1. The board of public buildings, after project approval by the
committee on legislative research of the general assembly, may acquire,
construct, erect, equip, furnish, operate, control, manage and regulate a
project, as herein defined, if, in the judgment of the board, the project
is necessary, advisable, and suitable for the use of the agencies and
instrumentalities of the state. The limitation pertaining to population
does not apply to energy retrofitting projects.

2. The board may use real property now or hereafter belonging to the
state as a site for any such project, or acquire by purchase, lease, gift
or otherwise the real or personal property that in the judgment of the
board is necessary, advisable and suitable for such purpose.

3. In acquiring the property the board may condemn any and all rights or
property, either public or private, of every kind and character,
necessary for the purposes aforesaid, and in the exercise of such power
of condemnation, it shall follow the procedure which is now or may
hereafter be provided by law for the appropriation of land or other
property taken for telegraph, telephone or railroad right-of-way.

4. When the board enters into a project authorized by sections 8.370 to
8.450, it shall provide for sufficient space to be included in the
project to meet probable future requirements occasioned by the growth and
expansion of the state government.

5. The board may lease to state agencies and instrumentalities of the
state and other political subdivisions of the state under the same terms
and conditions prescribed under section 8.390. Any such lease shall
include a provision requiring the payment of a portion of the costs of
operation and maintenance of the project under the formula prescribed
under section 8.390. (L. 1959 H.B. 241 § 2, A.L. 1967 p. 91, A.L. 1982
H.B. 1501, A.L. 1986 H.B. 1554 Revision, A.L. 1999 H.B. 450)

Effective 6-29-99

1. If the board of public buildings enters into a project
authorized by sections 8.370 to 8.450, except energy retrofitting
projects, it may require any or all of the agencies or instrumentalities
of the state which occupy rented or leased quarters in the city in which
the project is located to occupy quarters in the project and may require
each such agency to contribute from time to time from funds appropriated
for its support a proportion of the rentals necessary to be received from
the project under the terms of the project contract determined by the
board on the basis of the ratio which the number of square feet of floor
space occupied by the agency or instrumentality bears to the total number
of usable square feet of space in the entire project.

2. The board of public buildings may require any or all of the agencies
or instrumentalities of the state to participate in the board's energy
retrofitting projects and may require each such agency to contribute from
time to time from funds appropriated for its support a proportional share
of the costs of the energy retrofitting project necessary to be received
under the terms of the project agreement. (L. 1959 H.B. 241 § 3, A.L.
1961 p. 564, A.L. 1982 H.B. 1501)

Effective 5-20-82

1. For the purpose of providing funds for the acquisition,
construction, erection, renovation, improving, equipment and furnishing
of any such project, and for providing a site therefor, as herein
provided, the board may issue and sell revenue bonds, as herein defined,
in an amount not to exceed the estimated cost of the project, including
costs necessarily incidental thereto. At the time of the issuance of the
bonds, the board shall pledge the net income and revenues of the project
to the payment of the bonds, both principal and interest, and, when
applicable, shall covenant to fix, maintain and collect the reasonable
rates and charges for the use of the project that in the judgment of the
board will provide net income and revenues sufficient to pay the
reasonable cost of operating and maintaining the project; to provide and
maintain an interest and sinking fund in an amount adequate promptly to
pay the principal of and interest on such bonds; to provide any required
reserve fund; and to provide any required fund for depreciation. In
addition to pledging such net income and revenues as herein provided, the
board, in its discretion, may pledge to the payment of such bonds, both
principal and interest, the proceeds of any grant in aid of such project
which may be received from any source.

2. In case of energy retrofitting projects, bond sale proceeds shall be
provided for the purpose of retrofitting existing state facilities. The
board shall pledge the income received and interest charged therefor to
the payments of the bonds as prescribed in subsection 1 of this section.

3. The board may issue bonds to provide funds to refinance the payment of
general revenue fund temporary notes issued by the tobacco settlement
financing authority.

4. The board may covenant to request annual appropriations in an amount
sufficient to pay the principal, interest, and to restore any necessary
reserve funds for any bonds issued by the board. (L. 1959 H.B. 241 § 4,
A.L. 1993 S.B. 80, et al., A.L. 2003 H.B. 401)

Effective 2-26-03

Any bonds issued under and pursuant to sections 8.370 to 8.450
shall not be deemed to be an indebtedness of the state of Missouri or of
the board, or of the individual members of the board, and shall not be
deemed to be an indebtedness within the meaning of any constitutional or
statutory limitation upon the incurring of indebtedness. (L. 1959 H.B.
241 § 5)

1. Bonds issued under and pursuant to the provisions of sections
8.370 to 8.450 shall be of such denomination or denominations, shall bear
such rate or rates of interest not to exceed fifteen percent per annum,
and shall mature at such time or times within forty years from the date
thereof, as the board determines. The bonds may be either serial bonds or
term bonds.

2. Serial bonds may be issued with or without the reservation of the
right to call them for payment and redemption in advance of their
maturity, upon the giving of such notice, and with or without a covenant
requiring the payment of a premium in the event of such payment and
redemption prior to maturity, as the board determines.

3. Term bonds shall contain a reservation of the right to call them for
payment and redemption prior to maturity at such time or times and upon
the giving of such notice, and upon the payment of such premium, if any,
as the board determines.

4. The bonds, when issued, shall be sold at public sale for the best
price obtainable after giving such reasonable notice of such sale as may
be determined by the board, but in no event shall such bonds be sold for
less than ninety-eight percent of the par value thereof, and accrued
interest. Any such bonds may be sold to the United States of America or
to any agency or instrumentality thereof, at a price not less than par
and accrued interest, without public sale and without the giving of
notice as herein provided.

5. The bonds, when issued and sold, shall be negotiable instruments
within the meaning of the law merchant and the negotiable instruments
law, and the interest thereon shall be exempt from income taxes under the
laws of the state of Missouri.

6. After August 13, 1976, the board shall not issue revenue bonds
pursuant to the provisions of sections 8.370 to 8.450 for one or more
projects, as defined in section 8.370, in excess of a total par value of
six hundred fifty-five million dollars.

7. After August 13, 1976, any bonds which may be issued pursuant to the
provisions of sections 8.370 to 8.450 shall be issued only for projects
which have been approved by a majority of the house members and a
majority of the senate members of the committee on legislative research
of the general assembly, and the approval by the committee on legislative
research required by the provisions of section 8.380 shall be given only
in accordance with this provision. For the purposes of approval of a
project, the total amount of bonds issued for purposes of energy
retrofitting in state-owned facilities shall be treated as a single
project.

8. No more than one hundred fifty million dollars of the net proceeds of
the bonds authorized pursuant to sections 8.370 to 8.450 or sections
8.660 to 8.670 may be applied to general revenue in fiscal year 2003. (L.
1959 H.B. 241 § 6, A.L. 1961 p. 564, A.L. 1976 S.B. 778, A.L. 1981 H.B.
732, A.L. 1982 H.B. 1501, A.L. 1984 S.B. 690, A.L. 1986 S.B. 457, et al.
merged with H.B. 1554 Revision, A.L. 1999 H.B. 450, A.L. 2003 H.B. 401)

Effective 2-26-03

1. The revenue bonds issued pursuant to the provisions of sections
8.370 to 8.450 may be refunded, in whole or in part, in any of the
following circumstances:

(1) When any such bonds have by their terms become due and payable and
there are not sufficient funds in the interest and sinking fund provided
for their payment to pay such bonds and the interest thereon;

(2) When any such bonds are by their terms callable for payment and
redemption in advance of their date of maturity and are duly called for
payment and redemption;

(3) When any such bonds are voluntarily surrendered by the holder or
holders thereof for exchange for refunding bonds.

2. For the purpose of refunding any bonds issued hereunder, including
refunding bonds, the board may make and issue refunding bonds in the
amount necessary to pay off and redeem the bonds to be refunded together
with unpaid and past due interest thereon and any premium which may be
due under the terms of the bonds, together also with the cost of issuing
the refunding bonds, and may sell the same in like manner as is herein
provided for the sale of revenue bonds, and with the proceeds thereof pay
off, redeem and cancel the old bonds and coupons that have matured, or
the bonds that have been called for payment and redemption, together with
the past due interest and the premium, if any, due thereon, or the bonds
may be issued and delivered in exchange for a like par value amount of
bonds to refund which the refunding bonds were issued. No refunding bonds
issued pursuant to the provisions of sections 8.370 to 8.450 shall be
payable in more than forty years from the date thereof or shall bear
interest at a rate in excess of six percent per annum.

3. The refunding bonds shall be payable from the same sources as were
pledged to the payment of the bonds refunded thereby and, in the
discretion of the board, may be payable from any other sources which
under sections 8.370 to 8.450 may be pledged to the payment of revenue
bonds issued hereunder. Bonds of two or more issues may be refunded by a
single issue of refunding bonds. (L. 1959 H.B. 241 § 7)

The board may prescribe the form, details and incidents of the
bonds, and make the covenants that in its judgment are advisable or
necessary properly to secure the payment thereof; but the form, details,
incidents and covenants shall not be inconsistent with any of the
provisions of sections 8.370 to 8.450. Such bonds may have the seal of
the board impressed thereon or affixed thereto or imprinted or otherwise
reproduced thereon. If such bonds shall be authenticated by the bank or
trust company acting as registrar for such bonds by the manual signature
of a duly authorized officer or employee thereof, the duly authorized
officers of the board executing and attesting such bonds, may all do so
by facsimile signature provided such signatures have been duly filed as
provided in the uniform facsimile signature of public officials law,
sections 105.273 to 105.278, RSMo, when duly authorized by resolution of
the board and the provisions of section 108.175, RSMo, shall not apply to
such bonds. The holder or holders of any bond or bonds issued hereunder
or of any coupons representing interest accrued thereon may, by proper
civil action either at law or in equity, compel the board to perform all
duties imposed upon it by the provisions of sections 8.370 to 8.450,
including the making and collecting of sufficient rates and charges for
the use of the project for which the bonds were issued, and also to
enforce the performance of any and all other covenants made by the board
in the issuance of the bonds. (L. 1959 H.B. 241 § 8, A.L. 1991 S.B. 185)

Effective 6-18-91

Bonds may be issued under the provisions of sections 8.370 to
8.450 pursuant to a resolution adopted by the affirmative vote of
two-thirds of the members of the board and no other proceedings shall be
required therefor. (L. 1959 H.B. 241 § 9)

1. The board of public buildings may build an office building in
the City of Jefferson to house state offices which are presently located
in rented quarters within the county of Cole, and they shall remove as
many offices from the State Capitol building as the general assembly
deems necessary to provide adequate office space for its members.

2. The building may be paid for as provided by sections 8.370 to 8.450.
(L. 1967 p. 92 § 1)

Sections 8.500 to 8.565 shall be known and may be cited as the
"Tobacco Settlement Financing Authority Act". (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

As used in sections 8.500 to 8.565, the following terms mean:

(1) "Authority", the tobacco settlement financing authority created by
section 8.510;

(2) "Board", the governing board of the authority;

(3) "Bonds", bonds, notes, and other obligations and financing
arrangements issued or entered into by the authority pursuant to sections
8.500 to 8.565;

(4) "Master settlement agreement", the master settlement agreement as
defined in section 196.1000, RSMo;

(5) "Net proceeds", the amount of proceeds remaining following each sale
of bonds which are not required by the authority to establish and fund
reserve funds, to fund capitalized interest on the bonds, and to pay the
costs of issuance and other expenses and fees directly related to the
authorization and issuance of bonds;

(6) "Program plan", the tobacco settlement program to provide funds for
budget purposes to fund one-time expenditures, short-term revenue
shortfalls, refund a portion of the general obligation indebtedness of
the state and capital projects of any kind;

(7) "Sales agreement", any agreement authorized pursuant to sections
8.500 to 8.565 in which the state provides for the sale of a portion of
the state's share to the authority;

(8) "State's share", all payments required to be made by tobacco product
manufacturers to the state, and the state's rights to receive such
payments, under the master settlement agreement;

(9) "Tax-exempt bonds", bonds issued by the authority that are
accompanied by a written opinion of bond counsel to the authority that
the interest on such bonds is excluded from the gross income of the
recipients for federal income tax purposes;

(10) "Taxable bonds", bonds issued by the authority that are not
accompanied by a written opinion of bond counsel to the authority that
the interest on such bonds is excluded from the gross income of the
recipients for federal income tax purposes; and

(11) "Tobacco securitization settlement trust fund", the tobacco
securitization settlement trust fund created by section 8.550. (L. 2002
S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

1. There is hereby created the "Tobacco Settlement Financing
Authority", which shall constitute a body corporate and politic. The
staff of the office of administration shall also serve as staff of the
authority under the supervision of the commissioner of administration.

2. The purposes of the authority include all of the following:

(1) To implement and administer the securitization of a portion of the
state's share as provided in sections 8.500 to 8.565;

(2) To enter into sales agreements;

(3) To issue bonds and enter into funding options, consistent with
sections 8.500 to 8.565, including refunding and refinancing its debt and
obligations;

(4) To sell, pledge, or assign, as security or consideration, that a
portion of the state's share sold to the authority pursuant to a sales
agreement, to provide for and secure the issuance and repayment of its
bonds;

(5) To invest funds available under sections 8.500 to 8.565;

(6) To enter into agreements with the state for the distribution of
amounts due the state under any sales agreement; and

(7) To refund and refinance the authority's debts and obligations, and to
manage its funds, obligations, and investments as necessary and if
consistent with its purposes.

3. The authority shall not create any obligation of the state or any
political subdivision of the state within the meaning of any
constitutional or statutory debt limitation. The authority shall not
undertake any activities other than those required to implement sections
8.500 to 8.565.

4. The authority shall not pledge the credit or taxing power of the state
or any political subdivision of the state, or make its debts payable out
of any moneys except those of the authority specifically pledged for
their payment.

5. The authority shall not pledge or make its debts payable out of the
moneys deposited in the tobacco securitization settlement trust fund. (L.
2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

Sections 8.500 to 8.565 shall not restrict or limit the powers
that the authority has under any other law of the state, but is
cumulative as to any such powers. A proceeding, notice, or approval is
not required for the creation of the authority or the issuance of bonds,
debt obligations or any instrument as security, except as provided in
sections 8.500 to 8.565. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The powers of the authority are vested in and shall be exercised
by a board consisting of three members: the governor, the lieutenant
governor, and the attorney general. The speaker of the house of
representatives and the president pro tempore of the senate shall serve
as ex officio members of the board but shall not have the power to vote.
The treasurer of the state may serve as an ex officio member of the
authority but shall not have the power to vote. Two members of the board
constitute a quorum. The members shall elect a chairperson, vice
chairperson, and secretary, annually, and other officers as the members
determine necessary. Meetings of the board shall be held at the call of
the chairperson or when a majority of the members so request. The members
of the board shall not receive compensation by reason of their membership
on the board. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

Members of the board and persons acting on the authority's behalf,
while acting within the scope of their employment or agency, are not
subject to personal liability resulting from carrying out the powers and
duties conferred on them under sections 8.500 to 8.565. (L. 2002 S.B.
1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The authority has all the general powers to the extent necessary
to carry out its purposes and duties and to exercise its specific powers
to the extent necessary, including but not limited to all of the
following powers:

(1) The power to issue its bonds and to enter into other funding options
as provided in sections 8.500 to 8.565;

(2) The power to sue and be sued in its own name;

(3) The power to make and execute agreements, contracts, and other
instruments, with any public or private person, in accordance with
sections 8.500 to 8.565;

(4) The power to hire and compensate legal counsel, financial advisors,
investment bankers, and other persons as necessary to fulfill its
purposes, following the solicitation of qualifications for such services
and the evaluation thereof by the authority;

(5) The power to invest or deposit moneys of or held by the authority in
such deposits or investments as the state may invest, and in obligations
of states and their political subdivisions that are rated in one of the
two highest rating categories by a nationally recognized bond rating
agency;

(6) The power to create funds and accounts necessary to carry out its
purposes;

(7) The power to procure insurance, other credit enhancements, and other
financing arrangements, and to execute instruments and contracts and to
enter into agreements convenient or necessary to facilitate financing
arrangements of the authority and to fulfill the purposes of the
authority under sections 8.500 to 8.565, including but not limited to
such arrangements, instruments, contracts, and agreements as municipal
bond insurance, liquidity facilities, forward purchase agreements,
interest rate swaps, exchange or cap or floor agreements, and letters of
credit;

(8) The power to accept appropriations from public entities for the
purpose of securing debt obligations with a maturity of not more than one
year issued pursuant to section 8.545 hereof;

(9) The power to adopt rules, consistent with sections 8.500 to 8.565, as
the board determines necessary;

(10) The power to acquire, own, hold, administer, and dispose of personal
property;

(11) The power to determine, in connection with the issuance of bonds,
and subject to the sales agreement, the terms and other details of any
financing, and the method of implementation of the financing;

(12) The power to make all expenditures which are incident and necessary
to carry out its purposes and powers; and

(13) The power to perform any act not inconsistent with federal or state
law necessary to carry out the purposes of the authority. (L. 2002 S.B.
1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

1. (1) The governor or the governor's designee shall be authorized
to sell and assign to the authority, pursuant to one or more sales
agreements, not to exceed thirty percent of the state's share to
implement sections 8.500 to 8.565; provided, the net proceeds of bonds
issued to implement sections 8.500 to 8.565 shall not exceed six hundred
million dollars. The attorney general shall assist the governor in the
preparation, modification and review of all documentation as may be
necessary to effect such a sale and to implement the provisions of
sections 8.500 to 8.565.

(2) Any sales agreement shall be consistent with sections 8.500 to 8.565.
The terms and conditions of the sale established in such sales agreement
may include but are not limited to any of the following:

(a) A requirement that the state enforce and pay the expenses of
enforcing the provisions of the master settlement agreement that require
payment of the state's share that has been sold to the authority under a
sales agreement which obligation shall constitute a material covenant of
the state;

(b) A requirement that the state not agree to any amendment of the master
settlement agreement that materially and adversely affects the
authority's ability to receive the state's share that has been sold to
the authority under a sales agreement;

(c) A statement that the net proceeds from the sale of bonds shall be
deposited in the tobacco securitization settlement trust fund established
under section 8.550 and that in no event shall the amounts in the trust
fund be available or be applied for payment of bonds or any claim against
the authority or any debt or obligation of the authority; and

(d) An agreement that the effective date of the sale is the date of
receipt of the bond proceeds by the authority.

2. Any sales made under this section shall be irrevocable during the time
when bonds are outstanding under sections 8.500 to 8.565, and shall be a
part of the contractual obligation owed to the bondholders. The sale
shall constitute and be treated as a true sale and absolute transfer of
the property so transferred and not as a pledge or other security
interest for any borrowing. The characterization of such a sale as an
absolute transfer shall not be negated or adversely affected by the fact
that only a portion of the state's share is being sold, or by the state's
acquisition or retention of an ownership interest in the residual assets.

3. On or after the effective date of such sale, the state shall not have
any right, title, or interest in the portion of the master settlement
agreement sold and such portion shall be the property of the authority
and not the state, and shall be owned, received, held, and disbursed by
the authority or its trustee or assignee, and not the state.

4. On or before the effective date of the sale, the state shall notify
the escrow agent or its assignee under the master settlement agreement of
the sale and shall instruct the escrow agent or its assignee that
subsequent to that date, all payments constituting the portion sold shall
be made directly to the authority.

5. The authority shall report to the** board of public buildings on or
before the date of the sale, advising it of the status of the sale, its
terms, and conditions. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

**Word "the" does not appear in original rolls.

Subject to the receipt of written approval of the board of public
buildings, the authority may issue taxable bonds or tax-exempt bonds to
provide for the implementation of sections 8.500 to 8.565 and may proceed
with a securitization to maximize the transference of benefits and risks
associated with the master settlement agreement. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

1. The net proceeds from bonds issued by the authority shall be
deposited in the tobacco securitization settlement trust fund and applied
to the governmental purposes provided in section 8.550 hereof. The net
proceeds from such bonds may be used to implement sections 8.500 to 8.565
and carry out the program plan. In connection with the issuance of bonds
and subject to the terms of the sales agreement, the authority shall
determine the terms and other details of the financing and the method of
implementation of sections 8.500 to 8.565. Bonds issued pursuant to this
section may be secured by a pledge of the authority's interest in any
sales agreement and any other sources available to the authority with the
exception of moneys in the tobacco securitization settlement trust fund.
The authority shall also have the power to issue refunding bonds,
including advance refunding bonds, for the purpose of refunding
previously issued bonds, and shall have the power to issue any other
types of bonds, debt obligations, and financing arrangements necessary to
fulfill the purposes of sections 8.500 to 8.565, including but not
limited to the issuance of debt obligations with a maturity of not more
than one year from the date of issue for the purpose of preserving any
expenditure of moneys from the state general revenue fund for
reimbursement from the proceeds of any bonds to be issued pursuant to
sections 8.500 to 8.565. The state may transfer to the authority funds
designated in the state's budget for such expenditure for the purpose of
securing such debt obligations. Such debt obligations may also be secured
by a covenant of the authority to issue bonds under sections 8.500 to
8.565. The purpose for the issuance of such debt obligations and the
transfer of such moneys shall be to maximize the utilization of
tax-exempt bonds by the authority.

2. The authority may issue its bonds in principal amounts which, in the
opinion of the authority, are necessary to provide sufficient funds for
achievement of its purposes, the payment of interest on its bonds, the
establishment of reserves to secure the bonds, the costs of issuance of
its bonds, and all other expenditures of the authority incident to and
necessary to carry out its purposes or powers. The bonds are investment
securities and negotiable instruments within the meaning of and for the
purposes of the uniform commercial code.

3. Bonds issued by the authority are special obligations of the authority
payable solely and only out of the moneys, assets, or revenues pledged by
the authority and are not a general obligation or indebtedness of the
authority or an obligation or indebtedness of the state or any political
subdivision of the state. The authority shall not pledge the credit or
taxing power of the state or any political subdivision of the state, or
create a debt or obligation of the state, or make its debts payable out
of any moneys except those of the authority specifically pledged to such
purpose, and shall exclude from any such pledge those moneys deposited in
the tobacco securitization settlement trust fund.

4. Bonds issued by the authority shall state on their face that they are
special obligations payable both as to principal and interest solely out
of the assets of the authority pledged for their purpose and do not
constitute an indebtedness of the state or any political subdivision of
the state; are secured solely by and payable solely from assets of the
authority pledged for such purpose; constitute neither a general, legal,
or moral obligation of the state or any of its political subdivisions;
and that the state has no obligation or intention to satisfy any
deficiency or default of any payment of the bonds.

5. Any amount pledged by the authority to be received under the master
settlement agreement shall be valid and binding at the time the pledge is
made. Amounts so pledged and then or thereafter received by the authority
shall immediately be subject to the lien of such pledge without any
physical delivery thereof or further act. The lien of any such pledge
shall be valid and binding as against all parties having claims of any
kind against the authority, whether such parties have notice of the lien.
Notwithstanding any other provision to the contrary, the resolution of
the authority or any other instrument by which a pledge is created need
not be recorded or filed to perfect such pledge.

6. The bonds shall comply with all of the following:

(1) The bonds shall be in a form, issued in denominations, executed in a
manner, and payable over terms, not to exceed forty-five years, and with
rights of redemption, as the board prescribes in the resolution
authorizing their issuance;

(2) The bonds shall be fully negotiable instruments under the laws of the
state. The sale of bonds issued pursuant to this section may be completed
on a negotiated or competitive basis, but in no event shall such bonds be
sold for less than ninety-five percent of the par value thereof, plus
accrued interest;

(3) The aggregate costs of issuance of any bonds or other obligations
issued by the authority (excluding insurance or other credit enhancement)
shall not exceed one and one-half percent of the aggregate principal
amount of the bonds, if the aggregate principal amount is equal to or
greater than three hundred million dollars, or two percent of the
aggregate principal amount of the bonds, if the aggregate principal
amount is less than three hundred million dollars. The authority shall
not procure insurance or other credit enhancement for the bonds unless
the underwriter or the authority's financial advisor certifies that the
present value of the premium paid for such insurance or credit
enhancement is less than the present value of the interest expected to be
saved as a result of the insurance or credit enhancement; and

(4) The bonds shall be subject to the terms, conditions, and covenants
providing for the payment of the principal, redemption premiums, if any,
interest which may be fixed or variable during any period the bonds are
outstanding, and other terms, conditions, covenants, and protective
provisions safeguarding payment, not inconsistent with sections 8.500 to
8.565 and as determined by resolution of the board authorizing their
issuance.

7. All banks, bankers, trust companies, savings banks and institutions,
building and loan associations, savings and loan associations, investment
companies, insurance companies and associations, and all executors,
administrators, guardians, trustees, and other fiduciaries legally may
invest any sinking funds, moneys or other funds belonging to them or
within their control in any bonds issued pursuant to sections 8.500 to
8.565. Interest on the authority's bonds shall be exempt from Missouri
taxation in the state of Missouri for all purposes except the state
estate tax.

8. Following the approval of the board of public buildings, bonds may be
issued by the authority pursuant to the provisions of sections 8.500 to
8.565 pursuant to a resolution adopted by the affirmative vote of two-
thirds of the members of the board and no other proceedings shall be
required therefor. However, a resolution authorizing the issuance of
bonds may delegate to an officer of the authority the power to negotiate
and fix the details of an issue of bonds by an appropriate certificate of
the authorized officer.

9. The state reserves the right at any time to alter, amend, repeal, or
otherwise change the structure, organization, programs, or activities of
the authority, including the power to terminate the authority, except
that a law shall not be enacted that impairs any obligation made pursuant
to a sales agreement or any contract entered into by the authority with
or on behalf of the holders of the bonds. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

1. A tobacco securitization settlement trust fund is established,
separate and apart from all other public moneys or funds of the state,
under the control of the authority. The fund shall consist of moneys paid
to the authority and not pledged to the payment of bonds or otherwise
obligated or any other moneys deposited to the fund by the authority.
Such moneys shall include but are not limited to payments received from
the master settlement agreement which are not pledged to the payment of
bonds or which are subsequently released from a pledge to the payment of
any bonds; payments which, in accordance with any sales agreement with
the state, are to be paid to the state and not pledged to the bonds,
including that portion of the proceeds of any bonds designated for
purchase of a portion of the state's share, which are designated for
deposit in the fund, together with all interest, dividends, and rents on
the bonds; and all securities or investment income and other assets
acquired by and through the use of the moneys belonging to the fund and
any other moneys deposited in the fund. Moneys in the fund are to be used
solely and only as provided in this section, and shall not be used for
any other purpose. Such moneys shall not be available for the payment of
any claim against the authority or any debt or obligation of the
authority.

2. There shall be established within the tobacco securitization
settlement trust fund a "qualified tax-exempt expenditure account" and a
"taxable expenditure account". The net proceeds of all tax-exempt bonds
shall be deposited in the qualified tax-exempt expenditure account. The
net proceeds of all taxable bonds shall be deposited in the taxable
expenditure account. Moneys deposited in the qualified tax-exempt
expenditure account shall be used to pay or reimburse the state for
expenditures which are permissible under federal tax law governing tax-
exempt bonds. Upon such reimbursement or use such moneys shall be
transferred by the authority to the state treasurer for deposit in the
state general revenue fund and applied as provided in subsection 4 of
this section or to such other fund as may be provided by law. Moneys
deposited in the taxable expenditure account shall, upon direction of the
authority, be transferred to the state treasurer for deposit in the state
general revenue fund or to such other fund as may be provided by law.

3. For the purpose of maximizing the amount of tax-exempt bonds to be
issued, the governor or an authorized designee may evidence in writing
the state's intent to finance any state expenditure from the proceeds of
bonds either by directly funding such expenditure or through
reimbursement of amounts originally funded from another source. An
allocation of proceeds of bonds to finance any expenditure originally
funded from another source may be evidenced by a written statement signed
by the governor or an authorized designee. Upon such allocation, the
amount allocated shall be deposited to the general revenue fund of the
state and thereafter may be appropriated for any purpose. The treasurer
of the authority shall act as custodian and trustee of the tobacco
securitization settlement trust fund and shall administer the fund as
directed by the authority. The treasurer of the authority shall do all of
the following: hold, invest and disburse funds; sell any securities or
other property held by the fund and reinvest the proceeds as directed by
the authority, when deemed advisable by the authority for the protection
of the fund or the preservation of the value of the investment;
subscribe, at the direction of the authority, for the purchase of
securities for future delivery in anticipation of future income; and pay
for securities, as directed by the authority, upon the receipt of the
purchasing entity's paid statement or paid confirmation of purchase. Any
sale of securities or other property held by the fund under this
subsection shall only be made with the advice of the board in the manner
and to the extent provided in sections 8.500 to 8.565 with regard to the
purchase of investments.

4. All moneys paid to or deposited in the fund are available to the
authority to be used in accordance with sections 8.500 to 8.565,
including but not limited to all of the following:

(1) For payment of amounts due to the state pursuant to the terms of the
sales agreements entered into between the state and the authority;

(2) For purposes of paying or reimbursing the state for expenditures
which are permissible under federal tax law governing tax-exempt bonds;
provided, such moneys are transferred at the time of such payment or
reimbursement to the state treasurer for deposit in the state general
revenue fund and used by the state treasurer solely to pay the costs of
implementing the program plan;

(3) For transfer to the state general revenue fund for the payment of the
costs of implementing the program plan;

(4) To make interim transfers to the state as provided in subsection 5 of
this section; and

(5) For payment of any other costs other than the payment of bonds
approved by the authority to implement sections 8.500 to 8.565.

5. Prior to disbursement of the moneys in the tobacco securitization
settlement trust fund in accordance with subsection 4 of this section,
the authority shall have the power to transfer moneys in the fund to the
state general revenue fund for the purposes of funding the program plan
on an interim basis, provided the state agrees to reimburse the tobacco
securitization settlement trust fund before the date such moneys are
expected to be expended by the authority.

6. No more than one hundred seventy-five million dollars of the net
proceeds of bonds authorized by sections 8.500 to 8.565 may be applied to
the payment of the costs of the program plan during any fiscal year;
provided, amounts not so applied during a prior fiscal year may be
carried over and applied to costs of implementing the program plan during
the next successive fiscal year. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

Moneys of the authority, except as otherwise provided in sections
8.500 to 8.565 or specified in a trust indenture or resolution pursuant
to which the bonds are issued, shall be paid to the authority and shall
be deposited in such manner as shall be determined by the authority. The
moneys shall be withdrawn on the order of the authority or its designee.
All moneys of the authority or moneys held by the authority shall be
invested and held in the name of the authority, whether they are held for
the benefit, security, or future payment to holders of bonds or to the
state. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The authority and contracts entered into by the authority in
carrying out its public and essential governmental functions are exempt
from the laws of the state which provide for competitive bids. (L. 2002
S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The authority shall submit to the general assembly, annually, a
report covering its operations and accomplishments, receipts and
expenditures, assets and liabilities, a schedule of its bonds outstanding
and any other information the authority deems necessary. (L. 2002 S.B.
1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

Prior to the date which is three hundred sixty-six days after
which the authority no longer has any bonds outstanding, the authority is
prohibited from filing a voluntary petition pursuant to chapter 9 of the
federal bankruptcy code or such corresponding chapter or section as may,
from time to time, be in effect, and a public official or organization,
entity, or other person shall not authorize the authority to be or become
a debtor pursuant to chapter 9 or any successor or corresponding chapter
or sections during such periods. The provisions of this section shall be
part of any contractual obligation owed to the holders of bonds issued
under sections 8.500 to 8.565 and shall not subsequently be modified by
state law during the period of the contractual obligation. (L. 2002 S.B.
1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The authority shall dissolve no later than two years from the date
of final payment of all outstanding bonds and the satisfaction of all
outstanding obligations of the authority, except to the extent necessary
to remain in existence to fulfill any outstanding covenants or provisions
with bondholders or third parties made in accordance with sections 8.500
to 8.565. Upon dissolution of the authority, all assets of the authority
shall be transferred to the state and shall be deposited in the state's
general revenue fund, and the authority shall execute any necessary
assignments or instruments, including any assignment of any right, title,
or ownership to the state for receipt of payments under the master
settlement agreement. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The board of public buildings may issue bonds payable from not
more than thirty percent of the state's share; provided, and the maximum
amount of the state's share sold by the authority pursuant to section
8.535 and by the board of public buildings pursuant to this section shall
collectively not exceed thirty percent of the state's share. The proceeds
from bonds issued by the board of public buildings under this section may
be deposited directly to the general revenue fund or deposited to the
"Tobacco Bond Proceeds Fund" hereby created and then transferred to the
general revenue fund. Repayment of any bonds issued pursuant to this
section may be made solely from such portion of the state's share, an
appropriation specifically authorized for such purpose or from any
appropriation from the state's share for any other purpose. (L. 2002 S.B.
1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

Any bonds issued by the board of public buildings pursuant to
sections 8.570 to 8.590 shall not be deemed to be an indebtedness of the
state of Missouri or of the board of public buildings, or of the
individual members of the board of public buildings, and shall not be
deemed to be an indebtedness within the meaning of any constitutional or
statutory limitation upon the incurring of indebtedness. (L. 2002 S.B.
1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

Bonds issued pursuant to the provisions of sections 8.570 to 8.590
shall be of such denomination or denominations, shall bear such rate or
rates of interest not to exceed fifteen percent per annum, and shall
mature at such time or times within forty-five years from the date
thereof, as the board of public buildings determines. The bonds may be
either serial bonds or term bonds. The sale of bonds issued pursuant to
this section may be completed on a negotiated or competitive basis, but
in no event shall such bonds be sold for less than ninety-five percent of
the par value thereof, and accrued interest. The bonds, when issued and
sold, shall be negotiable instruments within the meaning of the law
merchant and the negotiable instruments law, and the interest thereon
shall be exempt from income taxes pursuant to the laws of the state. (L.
2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

1. Bonds issued by the board of public buildings pursuant to the
provisions of sections 8.570 to 8.590 may be refunded, in whole or in
part, at any time whenever the board of public buildings determines that
such a refunding is in the best interest of the state or the board of
public buildings.

2. For the purpose of refunding any bonds issued hereunder, including
refunding bonds, the board of public buildings may make and issue
refunding bonds in the amount necessary to pay off and redeem the bonds
to be refunded together with unpaid and past due interest thereon and any
premium which may be due under the terms of the bonds, together also with
the cost of issuing the refunding bonds, and may sell the same in like
manner as is herein provided for the sale of bonds being refunded.
Refunding bonds issued pursuant to sections 8.500 to 8.590 shall be
payable in not more than forty years from the date thereof and shall bear
interest at a rate not to exceed fifteen percent per annum.

3. The refunding bonds shall be payable from the same sources as were
pledged to the payment of the bonds refunded thereby and in the
discretion of the board of public buildings may be payable from any other
sources which pursuant to sections 8.500 to 8.590 may be pledged to the
payment of revenue bonds issued hereunder. Bonds of two or more issues
may be refunded by a single issue of refunding bonds. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The board of public buildings may prescribe the form details and
incidents of the bonds, and make the covenants that in its judgment are
advisable or necessary properly to secure the payment thereof; but the
form, details, incidents and covenants shall not be inconsistent with any
of the provisions of sections 8.570 to 8.590. Such bonds may have the
seal of the board of public buildings impressed thereon or affixed
thereto or imprinted or otherwise reproduced thereon. If such bonds shall
be authenticated by the bank or trust company acting as registrar for
such bonds by the manual signature of a duly authorized officer or
employee thereof, the duly authorized officers of the board of public
buildings executing and attesting such bonds, may all do so by facsimile
signature of public officials law, sections 105.273 to 105.278, RSMo,
when duly authorized by resolution of the board of public buildings and
the provisions of section 108.175, RSMo, shall not apply to such bonds.
The holder or holders of any bond or bonds issued hereunder or of any
coupons representing interest accrued thereon may, by proper civil action
either at law or in equity, compel the board of public buildings to
perform all duties imposed upon it and also to enforce the performance of
any and all other covenants made by the board of public buildings in the
issuance of the bonds. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The provisions of sections 8.500 to 8.590 shall terminate upon the
satisfaction of all outstanding notes and obligations issued pursuant to
such sections. The commissioner of the office of administration shall
notify the revisor of statutes when all outstanding notes and obligations
have been satisfied. (L. 2003 H.B. 401 § 1)

Effective 2-26-03

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

Bonds may be issued pursuant to the provisions of sections 8.580
to 8.598 pursuant to a resolution adopted by the affirmative vote of
two-thirds of the members of the board of public buildings and no other
proceedings shall be required therefor. (L. 2002 S.B. 1191)

Effective 6-7-02

*Section terminates upon satisfaction of all outstanding notes and
obligations issued pursuant to sections 8.500 to 8.590. See section 8.589.

The tobacco settlement financing authority and the board of public
buildings shall have no further authority to issue bonds and notes
pursuant to the provisions of sections 8.500 to 8.590 upon the effective
date of February 26, 2003. (L. 2003 H.B. 401 § 8.601)

Effective 2-26-03

The board of public buildings shall have the power to issue notes
with a maturity of not more than one year from the date of issue for the
purpose of preserving any expenditure of moneys from the state general
revenue fund for reimbursement from the proceeds of any bonds issued
pursuant to sections 8.500 to 8.565. The state may transfer to the board
of public buildings funds designated in the state's budget for such
expenditure for the purpose of securing such notes. The purpose for the
issuance of such notes and the transfer of such moneys shall be to
maximize the utilization of tax-exempt bonds by the tobacco settlement
financing authority. (L. 2002 S.B. 1191)

Effective 6-7-02

Sections 8.500 to 8.590, being deemed necessary for the public
health, welfare, peace and safety, shall be liberally construed to effect
its purpose. (L. 2002 S.B. 1191)

Effective 6-7-02

1. There is established a joint committee of the general assembly
to be known as the "Advisory Committee on Tobacco Securitization", to be
comprised of five members of the senate and five members of the house of
representatives. Three of the senate members shall be appointed by the
president pro tem of the senate and two by the senate minority leader.
Three of the house members shall be appointed by the speaker of the house
and two by the house minority leader. The appointment of each member
shall continue during his or her term of office as a member of the
general assembly or until a successor has been duly appointed to fill his
or her place when his or her term of office as a member of the general
assembly has expired.

2. The committee shall study and recommend who the financial advisors,
investment bankers, and other professional advisors shall be for the
authority, and shall make a written report to the authority within sixty
days of passage of the bill. The committee shall also study and provide a
written report by December thirty-first of each year to the authority
detailing suggested allowable projects and payments for which money from
the tobacco settlement securitization settlement trust fund may be used
in the next appropriation cycle. (L. 2002 S.B. 1191 § 1)

Effective 6-7-02

The principles, standards and specifications set forth in sections
8.610 to 8.650 shall apply to all public parks, recreation areas, rest
areas, parking spaces, parking lots, curbs, sidewalks, public
accommodations, buildings and facilities for public use and assembly that
are constructed, renovated, purchased or leased in whole or in part with
the use of state funds or the funds of any political subdivision of this
state. (L. 1973 H.B. 77, A.L. 1977 H.B. 130, A.L. 1989 H.B. 493)

1. In all renovation undertaken by a political subdivision of this
state, and at the discretion of the governing body of the political
subdivision, the standard specifications for making such public
improvements accessible to and usable by the physically disabled shall be
either the American National Standards Institute, Inc., (ANSI)
specifications or the specifications set out in this section.

2. Public walks shall be at least forty-eight inches wide and shall have
a gradient not greater than five percent unless the parallel and adjacent
public thoroughfare gradient exceeds such percentage in which case the
gradient to be constructed shall conform to the gradient of such parallel
and adjacent public thoroughfare. These walks shall be of a continuing
common surface, not interrupted by steps or abrupt change in level.
Wherever walks cross other walks, driveways, or parking areas, they shall
blend to a common level. Wherever a public door swings out onto a walk,
ramp or platform, there shall be provided a walk area which extends at
least three feet beyond the swing of the door. The walk area outside any
public doorway shall be at the same level as the area inside the door and
shall extend a minimum of one foot beyond each side of the door.

3. Where parking is provided, there shall be a walk or ramp, not
interrupted by steps or curbs, from at least one parking area to the
building or facility.

4. Where public ramps with gradients are necessary or desired, they shall
conform to the following specifications:

(1) The slope shall not exceed one foot in twelve feet, or eight and
thirty-three hundredths percent or four degrees fifty minutes;

(2) The handrails on at least one side shall be at least thirty-two
inches in height, extended at least one foot beyond the top and bottom of
ramp;

(3) The width shall be at least thirty-two inches, clear measurement;

(4) The surface shall be nonslip;

(5) The bottom of ramp shall have a level run of at least six feet;

(6) The ramps shall provide level platforms at thirty-foot intervals and
at turns in the ramp.

5. At least one public entrance shall be provided which is accessible to
persons in wheelchairs. Wherever a public elevator is provided, it shall
be accessible to this entrance. The floor, walk or platform at the
doorway of this entrance shall be level for a distance of at least five
feet from each approach and shall extend at least one foot beyond each
side of the door.

6. Public doors shall have a clear opening of not less than thirty-two
inches when open and shall be operable in a single effort.

7. Steps in public stairs reasonably expected to be used by persons with
physical handicaps shall not have protruding nosings, except that this
shall not preclude the use of inclined risers (a smooth diagonal) which
may project a maximum of one and one-half inches over the tread below.
Stairs shall have handrails on each side at least thirty-two inches high
as measured from the tread at the face of the riser. At least one
handrail shall extend eighteen inches beyond the top step and beyond the
bottom step unless such extension shall itself be a hazard. Where
possible, such extensions shall be made on the side of a continuing wall.
Steps shall have risers not to exceed seven inches and shall be designed
to conform with recognized step formulas.

8. Floors shall have a nonslip surface wherever practicable. The level of
the floors shall be common throughout the same story or shall be
connected by at least one ramp or by elevator access.

9. Public toilets shall be arranged to allow traffic and use of persons
in wheelchairs and shall provide at least one toilet stall which is a*
minimum of thirty-six inches wide and fifty-six inches long, has a door,
if doors are used, that is thirty-two inches wide and swings out, and has
handrails on each side which are thirty-three inches above the floor.

10. Where public elevators are provided, they shall be accessible to, and
usable by, the physically handicapped at levels normally used by the
general public, designed to allow for wheelchair traffic.

11. Practicable design and engineering arrangements shall be made to
obviate hazards to individuals with physical disabilities.

12. Renovations to public parks, recreational areas and rest areas shall
be planned and executed in a manner that will enable handicapped persons
and senior citizens to share, as fully as practicable, in the enjoyment
of these areas and facilities. Opportunities to participate in fishing,
picnicking, sunbathing and other outdoor recreational pursuits shall be
provided as fully as practicable. Facilities shall be equipped with such
devices as are necessary for appropriate use by handicapped and senior
citizens. (L. 1973 H.B. 77, A.L. 1989 H.B. 493)

*Word "a" does not appear in original rolls.

CROSS REFERENCE: Cities, handicap access requirements, RSMo 71.365

In all renovation and new construction undertaken by this state,
and in all new construction undertaken by any political subdivision of
this state, the standard specifications for making such public
improvements accessible to and usable by the physically disabled shall be
the specifications most recently published by the American National
Standards Institute, Inc. (ANSI). (L. 1989 H.B. 493)

Any repair, maintenance, renovation or new construction of any
building, facility, or other property of the state of Missouri undertaken
after August 28, 1989, involving the use of federal funds or other
federal assistance shall, whenever practicable, conform to the standards
of sections 8.610 to 8.650, and any agency or entity of the state of
Missouri authorizing such repair,* maintenance, renovation or new
construction may enter into an agreement with the federal government or
any agency thereof whereby the state of Missouri would hold harmless or
hold free the government of the United States from any damages which may
result from the repair, maintenance, renovation or new construction. (L.
1973 H.B. 77, A.L. 1989 H.B. 493)

*Word "or" appears here in original rolls.

The responsibility for enforcement of sections 8.610 to 8.650
shall be as follows:

(1) Where state school funds are utilized, the state department of
elementary and secondary education; or

(2) Where state funds are utilized, the division, agency or
instrumentality of the state having jurisdictional control of the design
function of the work; or

(3) Where funds of counties, municipalities or other political
subdivisions are utilized, the governing bodies thereof. (L. 1973 H.B. 77)

The provisions of sections 8.610 to 8.650 shall not apply to any
building or facility for which the contract for planning or design was
awarded prior to August 28, 1989. (L. 1973 H.B. 77, A.L. 1989 H.B. 493)

1. Deviations from the standards set forth in sections 8.620 and
8.622 may be permitted where conformance to such standards is impractical
and where the method, material, and dimension used in lieu thereof does
not create a hazard.

2. Permission to deviate from the standards set forth in sections 8.620
and 8.622 may be granted only by the commissioner of administration after
consulting with the governor's committee on employment of the handicapped
established in section 286.200, RSMo. Application to deviate from the
standards may be submitted by the owner of the building only.
Applications shall be submitted in such written forms as the commissioner
may require.

3. The commissioner shall maintain a codified listing of all applications
received. The listing shall indicate the action taken by the commissioner
on each application. (L. 1973 H.B. 77, A.L. 1989 H.B. 493)

All buildings and facilities which are constructed pursuant to the
standards, principles and specifications set forth in sections 8.610 to
8.650, and any other building or facility which provides access for
physically disabled persons shall prominently display at the main
entrance to the building or facility the international wheelchair
accessibility symbol. (L. 1975 H.B. 270 § 1)

No construction corporation, partnership, company or contractor
domiciled outside the state of Missouri may be awarded a contract by this
state or any of its political subdivisions for a construction project
until he has complied with all requirements of sections 351.572 to
351.604, RSMo, if the entity is a foreign corporation, sections 359.491
to 359.501, RSMo, if the entity is a foreign limited partnership, or, in
all other cases, sections 417.200 to 417.210, RSMo. (L. 1985 H.B. 117 §
2, A.L. 1990 H.B. 1432)

As used in sections 8.660 to 8.670 the following words and phrases
mean:

(1) "Agency", any state educational institution as defined by section
176.010, RSMo, of the state of Missouri;

(2) "Board", the state board of public buildings;

(3) "Instrumentalities", any elected official of the state, state office,
state agency or any individual who spends more than fifty percent of his
time in work for the state that receives all or any part of its funds or
compensation from appropriated funds of this state;

(4) "Net income and revenues", at the discretion of the board, any of the
following: the income arising from the operation of a project remaining
after providing for the costs of operation of the project and the costs
of maintenance thereof; appropriations of the general assembly for the
payment of bonds issued by the board for any project; or, in the case of
energy retrofitting projects, the income arising from agreement between
the board of public buildings and the department responsible for the
operation of the facility;

(5) "Project", one or more office buildings or other structures,
renovations, improvements and equipping of such buildings and structures
and any other facilities for the use and occupancy of the agencies and
instrumentalities of the state, and energy retrofitting projects in
state- owned facilities or any eating facilities upon proper bids, at the
rental costs that the board determines to be reasonable and necessary
under the provisions of sections 8.660 to 8.670;

(6) "Revenue bonds", bonds issued hereunder for the purposes herein
authorized and payable, both as to principal and interest, solely and
only out of net income and revenues relating to any project, and, in
addition thereto, in the discretion of the board, out of the proceeds of
any grant in aid of the project which may be received from any source.
(L. 2003 H.B. 401 § 8.625)

Effective 2-26-03

1. The board of public buildings, after project approval by the
committee on legislative research of the general assembly, may acquire,
construct, erect, equip, furnish, operate, control, manage and regulate a
project, as herein defined, if, in the judgment of the board, the project
is necessary, advisable, and suitable for the use of the agencies and
instrumentalities of the state.

2. The board may use real property now or hereafter belonging to the
state as a site for any such project, or acquire by purchase, lease, gift
or otherwise the real or personal property that in the judgment of the
board is necessary, advisable and suitable for such purpose.

3. In acquiring the property the board may condemn any and all rights or
property, either public or private, of every kind and character,
necessary for the purposes aforesaid, and in the exercise of such power
of condemnation, it shall follow the procedure which is now or may
hereafter be provided by law for the appropriation of land or other
property taken for telegraph, telephone or railroad right-of-way.

4. When the board enters into a project authorized by sections 8.660 to
8.670, it shall provide for sufficient space to be included in the
project to meet probable future requirements occasioned by the growth and
expansion of the agency.

5. The board may lease to state agencies and instrumentalities of the
state and other political subdivisions of the state under the same terms
and conditions prescribed under section 8.662. Any such lease shall
include a provision requiring the payment of a portion of the costs of
operation and maintenance of the project under the formula prescribed
under section 8.662. (L. 2003 H.B. 401 § 8.628)

Effective 2-26-03

1. If the board of public buildings enters into a project
authorized by sections 8.660 to 8.670, except energy retrofitting
projects, it may require any or all of the agencies or instrumentalities
of the state which occupy rented or leased quarters in the city in which
the project is located to occupy quarters in the project and may require
each such agency to contribute from time to time from funds appropriated
for its support a proportion of the rentals necessary to be received from
the project under the terms of the project contract determined by the
board on the basis of the ratio which the number of square feet of floor
space occupied by the agency or instrumentality bears to the total number
of usable square feet of space in the entire project.

2. The board of public buildings may require any or all of the agencies
or instrumentalities of the state to participate in the board's energy
retrofitting projects and may require each such agency to contribute from
time to time from funds appropriated for its support a proportional share
of the costs of energy retrofitting project necessary to be received
under the terms of the project agreement. (L. 2003 H.B. 401 § 8.631)

Effective 2-26-03

1. For the purpose of providing funds for the acquisition,
construction, erection, renovation, improving, equipment, and furnishing
of any such project, and for providing a site therefor, as herein
provided, the board may issue and sell revenue bonds, as herein defined,
in an amount not to exceed the estimated cost of the project, including
costs necessarily incidental thereto. At the time of the issuance of the
bonds, the board shall pledge the net income and revenues of the project
to the payment of the bonds, both principal and interest, and, when
applicable, shall covenant to fix, maintain and collect the reasonable
rates and charges for the use of the project that in the judgment of the
board will provide net income and revenues sufficient to pay the
reasonable cost of operating and maintaining the project; to provide and
maintain an interest and sinking fund in an amount adequate promptly to
pay the principal of and interest on such bonds; to provide any required
reserve fund; and to provide any required fund for depreciation. In
addition to pledging such net income and revenues as herein provided, the
board, in its discretion, may pledge to the payment of such bonds, both
principal and interest, the proceeds of any grant in aid of such project
which may be received from any source.

2. In case of energy retrofitting projects, bond sale proceeds shall be
provided for the purpose of retrofitting existing state facilities. The
board shall pledge the income received and interest charged therefor to
the payments of the bonds as prescribed in subsection 1 of this section.

3. The board may covenant to request annual appropriations in an amount
sufficient to pay the principal, interest, and any necessary reserve
funds for any bonds issued by the board. (L. 2003 H.B. 401 § 8.634)

Effective 2-26-03

Any bonds issued under and pursuant to sections 8.660 to 8.670
shall not be deemed to be an indebtedness of the state of Missouri or of
the board, or of the individual members of the board, and shall not be
deemed to be an indebtedness within the meaning of any constitutional or
statutory limitation upon the incurring of indebtedness. (L. 2003 H.B.
401 § 8.637)

Effective 2-26-03

1. Bonds issued under and pursuant to the provisions of sections
8.660 to 8.670 shall be of such denomination or denominations, shall bear
such rate or rates of interest not to exceed fifteen percent per annum,
and shall mature at such time or times within forty years from the date
thereof, as the board determines. The bonds may be either serial bonds or
term bonds.

2. Serial bonds may be issued with or without the reservation of the
right to call them for payment and redemption in advance of their
maturity, upon the giving of such notice, and with or without a covenant
requiring the payment of a premium in the event of such payment and
redemption prior to maturity, as the board determines.

3. Term bonds shall contain a reservation of the right to call them for
payment and redemption prior to maturity at such time or times and upon
the giving of such notice, and upon the payment of such premium, if any,
as the board determines.

4. The bonds, when issued, shall be sold at public sale for the best
price obtainable after giving such reasonable notice of such sale as may
be determined by the board, but in no event shall such bonds be sold for
less than ninety-eight percent of the par value thereof, and accrued
interest. Any such bonds may be sold to the United States of America or
to any agency or instrumentality thereof, at a price not less than par
and accrued interest, without public sale and without the giving of
notice as herein provided.

5. The bonds, when issued and sold, shall be negotiable instruments
within the meaning of the law merchant and the negotiable instruments
law, and the interest thereon shall be exempt from income taxes under the
laws of the state of Missouri.

6. The board shall not issue revenue bonds pursuant to the provisions of
sections 8.660 to 8.670 for one or more projects, as defined in section
8.660, in excess of a total par value of one hundred seventy million
dollars.

7. Any bonds which may be issued pursuant to the provisions of sections
8.660 to 8.670 shall be issued only for projects which have been approved
by a majority of the house members and a majority of the senate members
of the committee on legislative research of the general assembly, and the
approval by the committee on legislative research required by the
provisions of section 8.661 shall be given only in accordance with this
provision. For the purposes of approval of a project, the total amount of
bonds issued for purposes of energy retrofitting in state-owned
facilities shall be treated as a single project.

8. The provisions of sections 8.660 to 8.670 shall terminate upon the
satisfaction of all outstanding bonds, notes and obligations issued
pursuant to such sections. The commissioner of the office of
administration shall notify the revisor of statutes when all outstanding
bonds, notes, and obligations have been satisfied. (L. 2003 H.B. 401 §
8.640)

Effective 2-26-03

1. The revenue bonds issued pursuant to the provisions of sections
8.660 to 8.670 may be refunded, in whole or in part, in any of the
following circumstances:

(1) When any such bonds have by their terms become due and payable and
there are not sufficient funds in the interest and sinking fund provided
for their payment to pay such bonds and the interest thereon;

(2) When any such bonds are by their terms callable for payment and
redemption in advance of their date of maturity and are duly called for
payment and redemption;

(3) When any such bonds are voluntarily surrendered by the holder or
holders thereof for exchange for refunding bonds.

2. For the purpose of refunding any bonds issued hereunder, including
refunding bonds, the board may make and issue refunding bonds in the
amount necessary to pay off and redeem the bonds to be refunded together
with unpaid and past due interest thereon and any premium which may be
due under the terms of the bonds, together also with the cost of issuing
the refunding bonds, and may sell the same in like manner as is herein
provided for the sale of revenue bonds, and with the proceeds thereof pay
off, redeem and cancel the old bonds and coupons that have matured, or
the bonds that have been called for payment and redemption, together with
the past due interest and the premium, if any, due thereon, or the bonds
may be issued and delivered in exchange for a like par value amount of
bonds to refund which the refunding bonds were issued. No refunding bonds
issued pursuant to the provisions of sections 8.660 to 8.670 shall be
payable in more than forty years from the date thereof or shall bear
interest at a rate in excess of six percent per annum.

3. The refunding bonds shall be payable from the same sources as were
pledged to the payment of the bonds refunded thereby and, in the
discretion of the board, may be payable from any other sources which
under sections 8.660 to 8.670 may be pledged to the payment of revenue
bonds issued hereunder. Bonds of two or more issues may be refunded by a
single issue of refunding bonds. (L. 2003 H.B. 401 § 8.643)

Effective 2-26-03

The board may prescribe the form, details and incidents of the
bonds, and make the covenants that in its judgment are advisable or
necessary properly to secure the payment thereof; but the form, details,
incidents and covenants shall not be inconsistent with any of the
provisions of sections 8.660 to 8.670. Such bonds may have the seal of
the board impressed thereon or affixed thereto or imprinted or otherwise
reproduced thereon. If such bonds shall be authenticated by the bank or
trust company acting as registrar for such bonds by the manual signature
of a duly authorized officer or employee thereof, the duly authorized
officers of the board executing and attesting such bonds may all do so by
facsimile signature provided such signatures have been duly filed as
provided in the uniform facsimile signature of public officials law,
sections 105.273 to 105.278, RSMo, when duly authorized by resolution of
the board and the provisions of section 108.175, RSMo, shall not apply to
such bonds. The holder or holders of any bond or bonds issued hereunder
or of any coupons representing interest accrued thereon may, by proper
civil action either at law or in equity, compel the board to perform all
duties imposed upon it by the provisions of sections 8.660 to 8.670,
including the making and collecting of sufficient rates and charges for
the use of the project for which the bonds were issued, and also to
enforce the performance of any and all other covenants made by the board
in the issuance of the bonds. (L. 2003 H.B. 401 § 8.646)

Effective 2-26-03

Bonds may be issued under the provisions of sections 8.660 to
8.670 pursuant to a resolution adopted by the affirmative vote of
two-thirds of the members of the board and no other proceedings shall be
required therefor. (L. 2003 H.B. 401 § 8.649)

Effective 2-26-03

As used in sections 8.675 to 8.687, the following terms mean:

(1) "Construction management services" includes:

(a) Services provided in the planning and design phases of the project
including, but not limited to, consulting with, advising, assisting and
making recommendations to the public owner and architect, engineer or
registered landscape architect on all aspects of planning for project
construction; reviewing all plans and specifications as they are being
developed and making recommendations with respect to construction
feasibility, availability of material and labor, time requirements for
procurement and construction, and projected costs; making, reviewing and
refining budget estimates based on the public owner's program and other
available information; making recommendations to the public owner and the
architect or engineer regarding the division of work in the plans and
specifications to facilitate the bidding and awarding of contracts;
soliciting the interest of capable contractors and assisting the owner in
taking bids on the project; analyzing the bids received and awarding
contracts; and preparing and monitoring a progress schedule during the
design phase of the project and preparation of a proposed construction
schedule; and

(b) Services provided in the construction phase of the project including,
but not limited to, maintaining competent supervisory staff to coordinate
and provide general direction of the work and progress of the contractors
on the project; observing the work as it is being performed for general
conformance with working drawings and specifications; establishing
procedures for coordinating among the public owner, architect or
engineer, contractors and construction manager with respect to all
aspects of the project and implementing such procedures; maintaining job
site records and making appropriate progress reports; implementing labor
policy in conformance with the requirements of the public owner;
reviewing the safety and equal opportunity programs of each contractor
for conformance with the public owner's policy and making
recommendations; reviewing and processing all applications for payment by
involved contractors and material suppliers in accordance with the terms
of the contract; making recommendations for and processing requests for
changes in the work and maintaining records of change orders; scheduling
and conducting job meetings to ensure orderly progress of the work;
developing and monitoring a project progress schedule, coordinating and
expediting the work of all contractors and providing periodic status
reports to the owner and the architect or engineer; and, establishing and
maintaining a cost control system and conducting meetings to review costs;

(2) "Construction manager", any person providing construction management
services for a public owner;

(3) "Public owner", any public body, as defined in section 290.210, RSMo.
(L. 1993 S.B. 241 § 1 subsec. 1)

The appropriate officer, board or agency of a public owner may
elect to engage the construction management services of a construction
manager when planning, designing and constructing a building or structure
or when improving, altering or repairing a building or structure.
Construction management services may be used by the public owner in the
preconstruction phase or the construction phase of public works project
or in both phases of the project. (L. 1993 S.B. 241 § 1 subsec. 2)

When, in the discretion of the public owner, it is determined that
a public works project should be performed with a negotiated contract for
construction management services, such public owner shall advertise and
solicit proposals from qualified construction managers in the following
manner: If the total cost for the erection or construction of any
building or structure or the improvement, alteration or repair of a
building or structure exceeds five hundred thousand dollars, the public
owner shall request and solicit proposals by advertising for ten days in
one newspaper of general circulation in the county where the work is
located. If the cost of the work contemplated exceeds one million five
hundred thousand dollars, proposals shall be solicited by advertisement
for ten days in two daily newspapers in the state which have not less
than fifty thousand daily circulation in addition to the advertisement in
the county where the work is located. The number of such proposals shall
not be restricted or curtailed, but shall be open to all construction
managers complying with the terms upon which the proposals are requested.
(L. 1993 S.B. 241 § 1 subsec. 3)

When selecting a construction manager for a project, the public
owner shall consider the following for each construction manager who has
submitted a proposal: fees for overhead and profit; reimbursable costs
for reimbursable items as defined in the public owner's request for
proposal; qualifications; demonstration of ability to perform projects
comparable in design, scope and complexity; demonstration of good faith
efforts to achieve compliance with federal, state and local affirmative
action requirements; references of owners for whom construction
management has been performed; financial strength; qualifications of
in-house personnel who will manage the project; and the demonstration of
successful management systems which have been employed for the purposes
of estimating, scheduling and cost controls. The public owner may
negotiate a contract for construction management services with any
construction manager thus selected. If the public owner is unable to
negotiate a contract for the type of services required with any of the
construction managers selected for a project at a price determined by the
public owner to be fair and reasonable, the public owner shall reevaluate
the necessary construction management services, including the scope and
reasonable fee requirements, and again advertise and solicit proposals
from construction managers complying with the terms of the revised
requests for proposal. (L. 1993 S.B. 241 § 1 subsec. 4)

Upon award of a construction management services contract, the
successful construction manager shall contract with the public owner to
furnish his skill and judgment in cooperation with, and reliance upon,
the services of the project architect or engineer. The construction
manager shall furnish business administration, management of the
construction process and other specified services to the public owner and
shall perform in an expeditious and economical manner consistent with the
interest of the public owner. Should the public owner determine it to be
in the public's best interest, the construction manager may provide or
perform basic services for which reimbursement is provided in the general
conditions to the construction management services contract. The
construction manager shall not, however, be permitted to bid on or
perform any of the actual construction on a public works project in which
he is acting as construction manager, nor shall any construction firm
which controls, is controlled by, or shares common ownership or control
with, the construction manager be allowed to bid on or perform work on
such project. The actual construction work on the project shall be
awarded by competitive bidding as provided by law. All successful bidders
shall contract directly with the public owner, but shall perform at the
direction of the construction manager unless otherwise provided in the
construction manager's contract with the public owner. All successful
bidders shall provide payment and performance bonds to the public owner.
All successful bidders shall meet all the obligations of a prime
contractor to whom a contract is awarded, pertaining to the payment of
prevailing wages pursuant to sections 290.210 to 290.340, RSMo. In
addition, all nonresident employers shall meet the bonding and
registration requirements of sections 285.230 to 285.234, RSMo. (L. 1993
S.B. 241 § 1 subsec. 5)

No construction management services contract may be awarded by a
public owner on a negotiated basis as provided herein if the construction
manager, or a firm that controls, is controlled by, or shares common
ownership or control with the construction manager, guarantees, warrants,
or otherwise assumes financial responsibility for the work of others on
the project; or provides the public owner with a guaranteed maximum price
for the work of others on the project; or furnishes or guarantees a
performance or payment bond for other contractors on the project. In any
such case, the contract for construction management services shall be let
by competitive bidding as in the case of contracts for construction work.
(L. 1993 S.B. 241 § 1 subsec. 6)

1. A construction manager shall not be deemed a "contractor" for
the purposes of section 107.170, RSMo.

2. Nothing contained in sections 8.675 to 8.687 shall apply to a public
body doing work when the construction is done by employees of the public
body.

(L. 1993 S.B. 241 § 1 subsecs. 7, 8)

As used in sections 8.700 to 8.745, unless the context clearly
indicates otherwise, the following terms mean:

(1) "Blind person", a person who, after examination by a physician
skilled in diseases of the eye or by an optometrist, whichever such
person shall select, has been determined to have not more than 20/200
central visual acuity in the better eye with correcting lenses, or an
equally disabling loss of the visual field as evidenced by a limitation
to the field of vision in the better eye to such a degree that its widest
diameter subtends an angle of no greater than 20`;

(2) "Licensing agent", the bureau of the blind of the division of family
services;

(3) "Vending facility", a location which may sell, at wholesale or
retail, food or food products, beverages, confections, newspapers, books,
periodicals, tobacco products and other articles or services dispensed
automatically or manually and prepared on or off the premises in
accordance with applicable health laws. A "vending facility" may consist,
exclusively or in appropriate combination, of automatic vending machines,
cafeterias, snack bars, cart service, shelters, counters and such
appropriate equipment as the licensing agent may by regulation prescribe
as being necessary for the sale of the articles or services described in
this subdivision. A "vending facility" may encompass more than one
building. (L. 1981 S.B. 165 § 1)

1. Blind persons shall be authorized to operate vending facilities
on any state property within this state in a fair and uniform manner.

2. With respect to vending facilities on state property, priority shall
be given to blind persons. As used in sections 8.700 to 8.745, "state
property" means all real property, or part thereof, owned, leased,
rented, or otherwise controlled or occupied by any department, agency or
body of this state, including roadside rest areas, except the department
of mental health, but does not include any of the following:

(1) A building in which less than one hundred state employees are, or
will be, located during normal working hours;

(2) A building in which less than fifteen thousand square feet of
interior floor space is to be used for state government purposes or in
which services are to be provided to the public;

(3) A building to be occupied by state government employees for less than
three years. (L. 1981 S.B. 165 § 2, A.L. 1985 S.B. 397)

The licensing agent shall develop rules designed to implement and
assure the priority established by sections 8.700 to 8.745 and such other
rules as are necessary to carry out the provisions of sections 8.700 to
8.745. No rule or portion of a rule promulgated under the authority of
sections 8.700 to 8.745 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1981
S.B. 165 § 3, Repealed L. 1995 H.B. 622 and A.L. 1995 S.B. 3)

Whenever feasible, one or more vending facilities shall be
established on all state property to the extent that any such facility
would not adversely affect the interests of the state. Any limitation on
the placement or operation of a vending facility based on a finding that
such placement or operation would adversely affect the interests of the
state shall be fully justified in writing to the licensing agent. The
licensing agent may construct and install or permit the construction and
installation of a vending facility on any property owned or occupied by
the state and shall notify the department, agency or institution charged
with the operation of the property of its intentions. If the state
department, agency or institution charged with the operation of the
property disapproves of the construction or installations, it may notify
the licensing agent in writing of its objections within ten days of
notification by the licensing agent of the licensing agent's intention.
The licensing agent and the state department, agency or institution
charged with the operation shall consult and attempt to reach a mutually
satisfactory agreement as to the proposed changes in the property. If
agreement is not reached within thirty days of the time of receipt of the
notification of disapproval, the licensing agent may apply to the board
of public buildings for approval. The board of public buildings shall
grant or refuse to grant approval within thirty days. If the board of
public buildings takes no action within the specified time, it shall be
deemed to have approved the proposed changes. Whenever approval for the
proposed construction or installation is granted by either the state
department, agency or institution charged with operation of the property
or the board of public buildings, the licensing agent may proceed with
construction or installation. In the case of leased space, cost shall be
shared by agencies occupying such space as determined by the licensing
agent. (L. 1981 S.B. 165 § 4)

Each department, agency and institution of the state shall provide
notice to the licensing agent of its plans for occupation, acquisition,
renovation or relocation of property adequate to permit the licensing
agent to determine whether such property includes a satisfactory site or
sites for a vending facility. The licensing agent may notify, in writing,
the department, agency or institution of objections to its proposed
occupation, acquisition, renovation or relocation within ten days of
receipt of notification by the department, agency or institution. The
licensing agent and the department, agency or institution shall consult
and try to reach a mutually satisfactory agreement. If agreement is not
reached within thirty days the licensing agency may seek review by the
board of public buildings of the proposed occupation, acquisition,
renovation or relocation. The board of public buildings shall refuse to
grant permission to the department, agency or institution to proceed with
the occupation, location, acquisition, renovation or relocation if
location of vending facilities is feasible and not included. The board of
public buildings shall act within thirty days; if it does not, the
proposed occupation, acquisition, renovation or relocation shall be
deemed disapproved. (L. 1981 S.B. 165 § 5)

1. After January 1, 1982, no department, agency or institution of
this state shall undertake to acquire by ownership, rent or lease, or to
otherwise occupy, in whole or in part, any property unless such property
includes a satisfactory site or sites for the location and operation of a
vending facility by a blind person or that, if a building is to be
constructed, substantially altered or renovated, or, in the case of a
building that is already occupied on such date by such department, agency
or institution, is to be substantially altered or renovated for use by
such department, agency or institution, the design for such construction,
substantial alteration or renovation includes a satisfactory site or
sites for the location and operation of a vending facility by a blind
person.

2. The provisions of this section shall not apply when the number of
people using the property is or will be insufficient to support a vending
facility.

3. For the purpose of this section, the term "satisfactory site" means an
area determined to have sufficient space, electrical and plumbing
outlets, and such other facilities as the licensing agent may prescribe
by rule for the location and operation of a vending facility by a blind
person.

4. The provisions of this section shall not apply to existing
employee-operated, nonprofit organizations operating vending facilities
that include manual cafeteria operations on state property, nor shall
this section be construed to require that such employee-operated,
nonprofit organizations shall discontinue operating vending facilities
that include manual cafeteria operations on state property as of
September 28, 1981. (L. 1981 S.B. 165 § 6)

The licensing agent shall not cause or permit the establishment or
placement of any blind vendor in a vending facility unless it is first
determined that the facility produces or is likely to produce within a
reasonable time an adequate net income for a blind vendor. (L. 1981 S.B.
965 § 7)

The blind vendor of each vending facility shall be subject to the
provisions of any ordinance or order of the city or county in which the
facility is located requiring a license or permit for the conduct of such
business, but any such license or permit shall be issued free of charge
to a blind person authorized to operate a vending facility by the
licensing agent. (L. 1981 S.B. 165 § 8)

The blind vendor of each vending facility is subject to the
provisions of any ordinance or order of the city or county in which the
facility is located relating to sanitation or health standards for such
facility; except that, blind persons who are authorized to operate
vending facilities under the provisions of sections 8.700 to 8.745 may
keep their guide dogs with them on the property while operating the
vending facilities. (L. 1981 S.B. 165 § 9)

Any blind vendor who is dissatisfied with any action arising from
the operation or administration of the provisions of sections 8.700 to
8.745 or with any decision of the licensing agent made pursuant to
sections 8.700 to 8.745 shall seek review of the action or decision by
the administrative hearing commission and shall have standing before the
courts of this state to seek review of the action or decision after
having sought review by the administrative hearing commission. (L. 1981
S.B. 165 § 10)

As used in sections 8.800 to 8.825, the following terms mean:

(1) "Builder", the prime contractor that hires and coordinates building
subcontractors or if there is no prime contractor, the contractor that
completes more than fifty percent of the total construction work
performed on the building. Construction work includes, but is not limited
to, foundation, framing, wiring, plumbing and finishing work;

(2) "Department", the department of natural resources;

(3) "Designer", the architect, engineer, landscape architect, builder,
interior designer or other person who performs the actual design work or
is under the direct supervision and responsibility of the person who
performs the actual design work;

(4) "District heating and cooling systems", heat pump systems which use
waste heat from factories, sewage treatment plants, municipal solid waste
incineration, lighting and other heat sources in office buildings or
which use ambient thermal energy from sources including temperature
differences in rivers to provide regional heating or cooling;

(5) "Division", the division of design and construction;

(6) "Energy efficiency", the increased productivity or effectiveness of
energy resources use, the reduction of energy consumption, or the use of
renewable energy sources;

(7) "Gray water", all domestic wastewater from a state building except
wastewater from urinals, toilets, laboratory sinks, and garbage disposals;

(8) "Life cycle costs", the costs associated with the initial
construction or renovation and the proposed energy consumption, operation
and maintenance costs over the useful life of a state building or over
the first twenty-five years after the construction or renovation is
completed;

(9) "Public building", a building owned or operated by a governmental
subdivision of the state, including, but not limited to, a city, county
or school district;

(10) "Renewable energy source", a source of thermal, mechanical or
electrical energy produced from solar, wind, low-head hydropower,
biomass, hydrogen or geothermal sources, but not from the incineration of
hazardous waste, municipal solid waste or sludge from sewage treatment
facilities;

(11) "State agency", a department, commission, authority, office, college
or university of this state;

(12) "State building", a building owned by this state or an agency of
this state. (L. 1993 H.B. 195 § 1)

The board of public buildings, in accordance with section 8.400,
or the state environmental improvement and energy resources authority, in
accordance with sections 260.005 to 260.125, RSMo, may authorize the sale
of bonds or participate in other appropriate financing arrangements to
fund energy efficiency projects in state buildings. All energy efficiency
projects for state buildings proposed for funding by the environmental
improvement and energy resources authority pursuant to sections 8.800 to
8.825 and the anticipated amount of the bond issues or other financing
arrangement to fund such projects shall be specifically approved by the
joint committee on capital improvements oversight within forty-five days
of notification to the committee. If the committee does not meet within
forty-five days, the projects shall stand approved. (L. 1993 H.B. 195 § 2
subsec. 1)

1. For the first three years of each completed energy efficiency
project for state buildings, to the extent that there are energy savings
beyond payment of the financing obligation, required reserves and other
expenses associated with project financing, one-half of the energy
savings shall be placed in the energy analyses account, created in
section 8.807, and one-half shall revert to the general revenue fund. The
division, in conjunction with the department, shall establish criteria
for determining projected savings from energy efficiency projects in
state buildings. The division, in conjunction with all state agencies,
shall establish criteria for determining the actual savings which result
from a specific energy efficiency project.

2. Beginning January 15, 1997, and annually thereafter, the office of
administration and the department of natural resources shall file a joint
report to the house committee on energy and environment, the senate
committee on energy and environment, or their successor committees, and
the governor on the identification of, planning for and implementation of
energy efficiency projects in state buildings. (L. 1993 H.B. 195 § 2
subsecs. 2, 3)

1. The state treasurer shall establish, maintain and administer a
special trust fund to be administered by the department and to be known
as the "Energy Analyses Account", from which the department shall use
moneys to carry out the energy analyses of state buildings pursuant to
sections 8.815 and 8.817.

2. All moneys duly authorized and appropriated by the general assembly,
all moneys received from federal funds, gifts, bequests, donations, any
other moneys so designated, all moneys received pursuant to subsection 1
of section 8.805, and all interest earned on and income generated from
moneys in the fund shall immediately be paid to and deposited in the
energy analyses account.

3. The full balance, or any portion thereof, of the energy analyses
account shall be available to be used by the department to carry out the
activities required in sections 8.815 and 8.817, subject to appropriation.

4. Except as otherwise provided in sections 8.800 to 8.825, the
provisions of section 33.080, RSMo, requiring the transfer of unexpended
funds to the ordinary revenue funds of the state, shall not apply to
funds in the energy analyses account. (L. 1993 H.B. 195 § 3)

1. In addition to all other requirements imposed by law, the
director of the division shall require, for construction of a state
building or substantial renovation of an existing state building when
major energy systems are involved, that a design professional submit an
analysis which meets the design program's space and use requirements and
reflects the lowest life cycle cost possible in light of existing
commercially available technology. The analysis, using existing
commercially available technology, shall include, but shall not be
limited to, designs which use renewable energy sources, earth-sheltered
construction, systems to recover and use waste heat, thermal storage heat
pump systems, ambient thermal energy, district heating and cooling
systems, devices to reduce water consumption, and plumbing systems to
recover gray water for appropriate reuse.

2. The director of the division shall not let a contract after January 1,
1996, for construction of a state building or substantial renovation of
an existing state building when major energy systems are involved before
completing an evaluation of the design documents and construction
documents based upon life cycle cost factors and the minimum energy
efficiency standard established in subsection 1 of section 8.812. (L.
1993 H.B. 195 § 4 subsecs. 1, 2)

1. By January 1, 1995, the department, in consultation with the
division and the voluntary working group created in subsection 1 of
section 8.815, shall establish, by rule, a minimum energy efficiency
standard for construction of a state building, substantial renovation of
a state building when major energy systems are involved or a building
which the state or state agency considers for acquisition or lease. Such
standard shall be at least as stringent as the American Society of
Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Standard
90, latest revision.

2. All design which is initiated on or after July 1, 1995, for
construction of a state building or substantial renovation of a state
building when major energy systems are involved or any building which the
state or state agency considers for acquisition or lease after July 1,
1995, shall meet applicable provisions of the minimum energy efficiency
standard. (L. 1993 H.B. 195 § 4 subsecs. 3, 4)

The department and the division shall establish a voluntary
working group of persons and interest groups with expertise in energy
efficiency, including, but not limited to, such persons as electrical
engineers, mechanical engineers, builders, architects, landscape
architects, nonprofit organizations, and persons with expertise in solar
and renewable energy forms. The voluntary working group shall advise the
department on the development of the energy efficiency standard and shall
assist the department in implementation of the standard by recommending,
reviewing and coordinating education programs for designers, builders,
businesses and other interested persons to facilitate incorporation of
the standard into existing practices. (L. 1993 H.B. 195 § 5 subsec. 1)

The department shall analyze all state buildings for energy
efficiency as funds become available, using criteria promulgated by the
department by rule incorporating state-of-the-art technology. The results
of the analyses shall be submitted by May fifteenth each year to the
commissioner of administration, the governor and the general assembly
until all state building analyses are completed. The results of the
analysis of each state building shall be submitted to the state agency
which owns or operates that state building as well. (L. 1993 H.B. 195 § 5
subsec. 2)

The division, in conjunction with the department, shall compile
data on energy consumption and energy costs for all buildings owned or
leased by the state or a state agency to establish a baseline for energy
consumption and expenditures in buildings owned or leased by the state or
a state agency using existing data to the maximum extent possible. (L.
1993 H.B. 195 § 6 subsec. 1)

The division shall recommend funding of energy efficiency projects
in state buildings. The division shall use energy efficiency analyses
provided by the department and review criteria established by the
division with the purpose of achieving the maximum reduction in energy
usage consistent with the constraints of prudent cost justification. (L.
1993 H.B. 195 § 6 subsec. 2)

The department shall make available energy efficiency practices
information to be used by individuals involved in the design,
construction, retrofitting and maintenance of public buildings and state
buildings. (L. 1993 H.B. 195 § 7)

For purposes of sections 8.830 to 8.851, the following terms mean:

(1) "Department", the department of natural resources;

(2) "Director", the director of the department of natural resources;

(3) "Division", the division of design and construction;

(4) "Public building", a building owned or operated by a governmental
subdivision of the state, including, but not limited to, a city, county
or school district;

(5) "State building", a building owned or operated by the state, a state
agency or department, a state college or a state university. (L. 1993
S.B. 80, et al. § 5)

The board of public buildings, in accordance with section 8.400,
or the state environmental improvement and energy resources authority, in
accordance with sections 260.005 to 260.125, RSMo, may authorize the sale
of bonds and the expenditure of the proceeds from that sale for energy
efficiency and energy retrofitting projects in state buildings as
recommended by the office of administration. The office of administration
shall determine the scope, content and priority of each project. The
office of administration shall assign a priority to each project based on
a ranking of the payback period and energy cost reduction. (L. 1993 S.B.
80, et al. § 6 subsec. 1)

1. The office of administration shall initiate the highest
priority project or projects on or before August 28, 1994, and shall
initiate projects with a simple energy savings payback period of five
years or less on or before August 28, 1998.

2. The office of administration shall advise the senate appropriations
committee and the house budget committee of the anticipated reduction of
utility and energy costs of all affected state agencies for the payback
period of each project and for two fiscal years after completion of the
payback period. (L. 1993 S.B. 80, et al. § 6 subsecs 2, 3)

1. By July 1, 1994, the department shall establish, by rule, a
minimum energy efficiency standard for new and substantially renovated
state buildings which shall be at least as stringent as the American
Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE)
Standard 90.01-1989, as revised, and shall be at least as stringent as
any statewide energy efficiency standard required pursuant to the Energy
Policy Act of 1992 (Public Law 102-486).

2. All new or substantially renovated state buildings for which design of
such construction or renovation is initiated on or after July 1, 1994,
shall meet applicable provisions of the minimum energy efficiency
standard. (L. 1993 S.B. 80, et al. § 7)

1. The department shall establish, by rule, a state building
energy efficiency rating system by July 1, 1994.

2. Each building considered for acquisition or lease by the state shall
be rated by the department pursuant to the energy efficiency rating
system provided in subsection 1 of this section. The division or state
agency that proposes to operate the building shall consider and compare
the energy efficiency rating and economic efficiency of each building
under consideration before contracting for acquisition or lease. (L. 1993
S.B. 80, et al. § 8)

There is hereby established an interagency advisory committee on
energy cost reduction and savings. The committee shall consist of the
commissioner of administration, the director of the division of design
and construction, the director of the department of natural resources,
the director of the environmental improvement and energy resources
authority, the director of the division of energy, the director of the
department of transportation, the director of the department of
conservation and the commissioner of higher education. The committee
shall advise the department on the development of the minimum energy
efficiency standard and state building energy efficiency rating system
and shall assist the office of administration in implementing sections
8.833 and 8.835. (L. 1993 S.B. 80, et al. § 9, A.L. 1999 S.B. 268)

The division, in conjunction with the department, shall compile
data on energy consumption and energy costs for all state buildings to
establish by July 1, 1994, a baseline for energy consumption and
expenditures in state buildings using existing data to the maximum extent
possible. The office of administration shall use these data when
selecting and prioritizing projects pursuant to sections 8.833 and 8.835.
The office of administration shall use energy efficiency analyses
provided by the department and review criteria established by the
division to develop its recommendations. (L. 1993 S.B. 80, et al. § 10)

The department shall make available energy efficiency practices
information to be used by individuals involved in the design,
construction, retrofitting and maintenance of public and state buildings.
The division shall immediately adopt and implement those energy
efficiency practices for the purchase and replacement of electrical and
mechanical equipment where the simple energy savings payback period is
five years or less. (L. 1993 S.B. 80, et al. § 11)

The department shall authorize the use of available federal
petroleum violation escrow funds for the administration of sections 8.830
to 8.851. Such funds may be used by the department, or by the office of
administration if authorized by the department. (L. 1993 S.B. 80, et al.
§ 12)

No provision of sections 8.830 to 8.851 or any rule promulgated
thereunder shall sacrifice the quality of indoor air in the pursuit of
increased energy efficiency. (L. 1993 S.B. 80, et al. § 13)

1. A permanent memorial for workers who were killed on the job in
Missouri or who suffered an on-the-job injury that resulted in a
permanent disability shall be established and located on the grounds of
the state capitol. The memorial shall be of a design selected by a
competition organized by the "Workers Memorial Committee" which is hereby
created. The workers memorial committee shall be composed of the members
of the board of public buildings, or their designees, two members of the
house of representatives, one from each political party, selected by the
speaker of the house, and two members of the senate, one from each
political party, selected by the president pro tem of the senate. The
members of the committee shall serve without compensation but shall be
reimbursed for all actual and necessary expenses incurred in the
performance of their official duties for the committee.

2. There is hereby established in the state treasury the "Workers
Memorial Fund". Gifts, grants and devises may be deposited in the workers
memorial fund. Notwithstanding the provisions of section 33.080, RSMo,
moneys in the fund shall not revert to general revenue. The state
treasurer shall invest the moneys from the fund in the same manner as
other state funds are invested. Interest accruing to the fund shall be
deposited in the fund and shall not be transferred to the general revenue
fund. (L. 2000 H.B. 1428)

The secretary of state shall designate a reading room in one of
the buildings comprising the Missouri state archives as the "Alex M.
Petrovic Reading Room" in honor and recognition of Missouri state
representative Alex M. Petrovic who introduced House Bill No. 294 in the
seventy-third general assembly which, upon its passage and approval,
established the division of records management and archives services in
the secretary of state's office and created the Missouri state archives.
(L. 2005 H.B. 219)

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