EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED ]
SENATE SUBSTITUTE NO. 3 FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 758
101ST GENERAL ASSEMBLY
2022
3896S.10T
AN ACT
To repeal sections 8.250, 8.260, 8.420, 34.055, 34.057, 34.058, 34.100, 34.203, 34.206, 34.209,
34.212, 34.217, and 34.218, RSMo, and to enact in lieu thereof fifteen new sections
relating to procedures for certain public projects for facilities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 8.250, 8.260, 8.420, 34.055, 34.057, 1
34.058, 34.100, 34.203, 34.206, 34.209, 34.212, 34.217, and 2
34.218, RSMo, are repealed and fifteen new sections enacted in 3
lieu thereof, to be known as sections 8.250, 8.260, 8.420, 4
8.690, 8.960, 8.962, 8.964, 8.966, 8.968, 8.970, 8.972, 8.974, 5
34.055, 34.100, and 67.5065, to read as follows:6
8.250. 1. "Project" for the purposes of this chapter 1
means the labor or material necessary for the construction, 2
renovation, or repair of improvements to real property so 3
that the work, when complete, shall be ready for service for 4
its intended purpose and shall require no other work to be a 5
completed system or component. 6
2. All contracts for projects, the cost of which 7
exceeds twenty-five thousand dollars, entered into by any 8
city containing five hundred thousand inhabitants or more 9
shall be let to the lowest, responsive, responsible bidder 10
or bidders after [notice and] publication of an 11 SS#3 SCS SB 758 2
advertisement for [five days in a daily newspaper in the 12
county where the work is located, or at least twice over ] a 13
period of ten days or more in a newspaper in the county 14
where the work is located, [and] in two daily newspapers in 15
the state which do not have less than fifty tho usand daily 16
circulation, and [by such other means as are determined to 17
be most likely to reach potential bidders ] on the website of 18
the city or through an electronic procurement system . 19
3. All contracts for projects, the cost of which 20
exceeds one hundred thousand dollars, entered into by an 21
officer or agency of this state shall be let to the lowest, 22
responsive, responsible bidder or bidders based on 23
preestablished criteria after [notice and] publication of an 24
advertisement for [five days in a daily newspaper in the 25
county where the work is located, or at least twice over ] a 26
period of ten days or more in a newspaper in the county 27
where the work is located [and], in one daily newspaper in 28
the state which does not have less than fifty thousand daily 29
circulation, and [by such other means as determined to be 30
most likely to reach potential bidders ] on the website of 31
the officer or agency or through an electronic procurement 32
system. For all contracts for projects between twenty -five 33
thousand dollars and one hundred thousand dollars, a minimum 34
of three contractors shall be solicited with the award being 35
made to the lowest responsive, responsible bidder based on 36
preestablished criteria. 37
4. The number of such public bids shall not be 38
restricted or curtailed, but shall be open to all persons 39
complying with the terms upon which the bids are requested 40
or solicited unless debarred for cause. No contract shall 41
be awarded when the amount appropriated for same is not 42
sufficient to complete the work ready for service. 43 SS#3 SCS SB 758 3
5. Dividing a project into component labor or material 44
allocations for the purpose of avoiding bidding or 45
advertising provisions required by this section is 46
specifically prohibited. 47
8.260. All appropriations made by the general assembly 1
amounting to one hundred thousand dollars or more for the 2
construction, renovation, or repair of facilities shall be 3
expended in the following manner: 4
(1) The agency requesting payment shall provide the 5
commissioner of administration with satisfactory evidence 6
that a bona fide contract, procured in accordance with all 7
applicable procedures, exists for the work for which payment 8
is requested; 9
(2) All requests for payment shall be approved by the 10
architect or engineer registered to practice in the state of 11
Missouri who designed the project or who has been assigned 12
to oversee it; 13
(3) In order to guarantee completion of the contract, 14
the agency or officer shall retain a portion of the contract 15
value in accordance with the provisions of section [34.057] 16
8.960; 17
(4) A contractor may be paid for materials delivered 18
to the site or to a storage facility approved by the 19
director of the division of facilities management, design 20
and construction as having adequate safeguards against loss, 21
theft or conversion. 22
In no case shall the amount contracted for exceed the amount 23
appropriated by the general assembly for the purpose. 24
8.420. 1. Bonds issued under and pursuant to the 1
provisions of sections 8.370 to 8.450 shall be of such 2
denomination or denominations, shall bear such rate or rates 3 SS#3 SCS SB 758 4
of interest not to exceed fifteen percent per annum, and 4
shall mature at such time or times within forty years from 5
the date thereof, as the board determines. The bonds may be 6
either serial bonds or term bonds. 7
2. Serial bonds may be issued with or without the 8
reservation of the right to call them for payment and 9
redemption in advance of their maturity, upon the giving of 10
such notice, and with or without a covenant requiring the 11
payment of a premium in the event of such payment and 12
redemption prior to maturity, as the board determines. 13
3. Term bonds shall contain a reservation of the right 14
to call them for payment and red emption prior to maturity at 15
such time or times and upon the giving of such notice, and 16
upon the payment of such premium, if any, as the board 17
determines. 18
4. The bonds, when issued, shall be sold at public 19
sale for the best price obtainable after giving such 20
reasonable notice of such sale as may be determined by the 21
board, but in no event shall such bonds be sold for less 22
than ninety-eight percent of the par value thereof, and 23
accrued interest. Any such bonds may be sold to the United 24
States of America or to any agency or instrumentality 25
thereof, at a price not less than par and accrued interest, 26
without public sale and without the giving of notice as 27
herein provided. 28
5. The bonds, when issued and sold, shall be 29
negotiable instrumen ts within the meaning of the law 30
merchant and the negotiable instruments law, and the 31
interest thereon shall be exempt from income taxes under the 32
laws of the state of Missouri. 33
6. The board shall not issue revenue bonds pursuant to 34
the provisions of sections 8.370 to 8.450 for one or more 35 SS#3 SCS SB 758 5
projects, as defined in section 8.370, in excess of a total 36
par value of one billion one hundred seventy -five million 37
dollars. 38
7. Any bonds which may be issued pursuant to the 39
provisions of sections 8. 370 to 8.450 shall be issued only 40
for projects which have been approved by a majority of the 41
house members and a majority of the senate members of the 42
committee on legislative research of the general assembly, 43
and the approval by the committee on legis lative research 44
required by the provisions of section 8.380 shall be given 45
only in accordance with this provision. For the purposes of 46
approval of a project, the total amount of bonds issued for 47
purposes of energy retrofitting in state -owned facilities 48
shall be treated as a single project. 49
[8. Any bonds which may be issued due to the increase 50
of the cap amount in subsection 6 of this section occurring 51
on August 28, 2014, shall not be issued for construction of 52
new buildings and shall only be used for repair or 53
renovation of existing buildings and facilities, except that 54
bonds may be issued for the construction of a new mental 55
health facility in any county of the first classification 56
with more than forty thousand but fewer than fifty thousa nd 57
inhabitants and with a home rule city with more than twelve 58
thousand one hundred but fewer than twelve thousand two 59
hundred inhabitants as the county seat. ] 60
8.690. 1. The office of administration shall have the 1
authority to utilize: 2
(1) The construction manager -at-risk delivery method, 3
as provided for in section 67.5050; and 4
(2) The design-build delivery method, as provided for 5
in section 67.5060, only as follows: 6 SS#3 SCS SB 758 6
(a) For noncivil works projects, as that term is used 7
in section 67.5060, in excess of seven million dollars; and 8
(b) No more than five noncivil works projects, as that 9
term is used in section 67.5060, may be contracted for in 10
any fiscal year that are less than seven million dollars. 11
2. The office of administration shall not be subject 12
to subsection 15 of section 67.5050 and subsection 22 of 13
section 67.5060 in executing contracts pursuant to this 14
section. 15
3. The office of administration shall not be subject 16
to subsection 4 of s ection 67.5060. The office of 17
administration shall publish its advertisement for proposals 18
in the publications; and on the website of the officer or 19
agency or through an electronic procurement system as set 20
forth in subsection 3 of section 8.250. The selection and 21
award shall follow sections 67.5050 and 67.5060, as 22
applicable. 23
[34.057.] 8.960. 1. Unless contrary to any federal 1
funding requirements or unless funds from a state grant are 2
not timely received by the contracting pu blic municipality 3
but notwithstanding any other law to the contrary, all 4
public works contracts made and awarded by the appropriate 5
officer, board or agency of the state or of a political 6
subdivision of the state or of any district therein, 7
including any municipality, county and any board referred to 8
as the public owner, for construction, reconstruction or 9
alteration of any public works project, shall provide for 10
prompt payment by the public owner to the contractor, and 11
any professional engineer, a rchitect, landscape architect, 12
or land surveyor, as well as prompt payment by the 13
contractor to the subcontractor and material supplier in 14
accordance with the following: 15 SS#3 SCS SB 758 7
(1) A public owner shall make progress payments to the 16
contractor and any pr ofessional engineer, architect, 17
landscape architect, or land surveyor on at least a monthly 18
basis as the work progresses, or, on a lump sum basis 19
according to the terms of the lump sum contract. Except in 20
the case of lump sum contracts, payments shall be based upon 21
estimates prepared at least monthly of work performed and 22
material delivered, as determined by the project architect 23
or engineer. Retainage withheld on any construction 24
contract or subcontract for public works projects shall not 25
exceed five percent of the value of the contract or 26
subcontract. If the contractor is not required to obtain a 27
bond under section 107.170 because the cost of the public 28
works contract is not estimated to exceed fifty thousand 29
dollars, the public owner may w ithhold retainage on the 30
public works project in an amount not to exceed ten percent 31
of the value of the contract or subcontract. The public 32
owner shall pay the contractor the amount due, less a 33
retainage, within thirty days following the latter of th e 34
following: 35
(a) The date of delivery of materials or construction 36
services purchased; 37
(b) The date, as designated by the public owner, upon 38
which the invoice is duly delivered to the person or place 39
designated by the public owner; or 40
(c) In those instances in which the contractor 41
approves the public owner's estimate, the date upon which 42
such notice of approval is duly delivered to the person or 43
place designated by the public owner; 44
(2) Payments shall be considered received wi thin the 45
context of this section when they are duly posted with the 46
United States Postal Service or other agreed upon delivery 47 SS#3 SCS SB 758 8
service or when they are hand -delivered to an authorized 48
person or place as agreed to by the contracting parties; 49
(3) If, in the discretion of the owner and the project 50
architect or engineer and the contractor, it is determined 51
that a subcontractor's performance has been completed and 52
the subcontractor can be released prior to substantial 53
completion of the public works contract without risk to the 54
public owner, the contractor shall request such adjustment 55
in retainage, if any, from the public owner as necessary to 56
enable the contractor to pay the subcontractor in full. The 57
public owner may reduce or eliminate retai nage on any 58
contract payment if, in the public owner's opinion, the work 59
is proceeding satisfactorily. If retainage is released and 60
there are any remaining minor items to be completed, an 61
amount equal to one hundred fifty percent of the value of 62
each item as determined by the public owner's duly 63
authorized representatives shall be withheld until such item 64
or items are completed; 65
(4) The public owner shall pay at least ninety -eight 66
percent of the retainage, less any offsets or deductions 67
authorized in the contract or otherwise authorized by law, 68
to the contractor. The contractor shall pay the 69
subcontractor or supplier after substantial completion of 70
the contract work and acceptance by the public owner's 71
authorized contract representative, or as may otherwise be 72
provided by the contract specifications for state highway, 73
road or bridge projects administered by the state highways 74
and transportation commission. Such payment shall be made 75
within thirty days after acceptance, and the invoic e and all 76
other appropriate documentation and certifications in 77
complete and acceptable form are provided, as may be 78
required by the contract documents. If the public owner or 79 SS#3 SCS SB 758 9
the owner's representative determines the work is not 80
substantially comple ted and accepted, then the owner or the 81
owner's representative shall provide a written explanation 82
of why the work is not considered substantially completed 83
and accepted within fourteen calendar days to the 84
contractor, who shall then provide such notic e to the 85
subcontractor or suppliers responsible for such work. If 86
such written explanation is not given by the public body, 87
the public body shall pay at least ninety -eight percent of 88
the retainage within thirty calendar days. If at that time 89
there are any remaining minor items to be completed, an 90
amount equal to one hundred fifty percent of the value of 91
each item as determined by the public owner's representative 92
shall be withheld until such items are completed; 93
(5) All estimates or invoices for supplies and 94
services purchased, approved and processed, or final 95
payments, shall be paid promptly and shall be subject to 96
late payment charges provided in this section. Except as 97
provided in subsection 4 of this section, if the contractor 98
has not been paid within thirty days as set forth in 99
subdivision (1) of subsection 1 of this section, the 100
contracting agency shall pay the contractor, in addition to 101
the payment due him, interest at the rate of one and one - 102
half percent per month calculated from the expiration of the 103
thirty-day period until fully paid; 104
(6) When a contractor receives any payment, the 105
contractor shall pay each subcontractor and material 106
supplier in proportion to the work completed by each 107
subcontractor and material su pplier his application less any 108
retention not to exceed five percent. If the contractor 109
receives less than the full payment due under the public 110
construction contract, the contractor shall be obligated to 111 SS#3 SCS SB 758 10
disburse on a pro rata basis those funds recei ved, with the 112
contractor, subcontractors and material suppliers each 113
receiving a prorated portion based on the amount of 114
payment. When, however, the public owner does not release 115
the full payment due under the contract because there are 116
specific areas of work or materials he is rejecting or 117
because he has otherwise determined such areas are not 118
suitable for payment then those specific subcontractors or 119
suppliers involved shall not be paid for that portion of the 120
work rejected or deemed not suitabl e for payment; provided 121
the public owner or the owner's representative gives a 122
written explanation to the contractor, subcontractor, or 123
supplier involved as to why the work or supplies were 124
rejected or deemed not suitable for payment, and all other 125
subcontractors and suppliers shall be paid in full; 126
(7) If the contractor, without reasonable cause, fails 127
to make any payment to his subcontractors and material 128
suppliers within fifteen days after receipt of payment under 129
the public construction co ntract, the contractor shall pay 130
to his subcontractors and material suppliers, in addition to 131
the payment due them, interest in the amount of one and one - 132
half percent per month, calculated from the expiration of 133
the fifteen-day period until fully paid. This subdivision 134
shall also apply to any payments made by subcontractors and 135
material suppliers to their subcontractors and material 136
suppliers and to all payments made to lower tier 137
subcontractors and material suppliers throughout the 138
contracting chain; 139
(8) The public owner shall make final payment of all 140
moneys owed to the contractor, including any retainage 141
withheld under subdivision (4) of this subsection, less any 142
offsets or deductions authorized in the contract or 143 SS#3 SCS SB 758 11
otherwise authorized by law, within thirty days of the due 144
date. Final payment shall be considered due upon the 145
earliest of the following events: 146
(a) Completion of the project and filing with the 147
owner of all required documentation and certifications, in 148
complete and acceptable form, in accordance with the terms 149
and conditions of the contract; 150
(b) The project is certified by the architect or 151
engineer authorized to make such certification on behalf of 152
the owner as having been completed, including the filing o f 153
all documentation and certifications required by the 154
contract, in complete and acceptable form; or 155
(c) The project is certified by the contracting 156
authority as having been completed, including the filing of 157
all documentation and certifications required by the 158
contract, in complete and acceptable form. 159
2. Nothing in this section shall prevent the 160
contractor or subcontractor, at the time of application or 161
certification to the public owner or contractor, from 162
withholding such applications or certifications to the owner 163
or contractor for payment to the subcontractor or material 164
supplier. Amounts intended to be withheld shall not be 165
included in such applications or certifications to the 166
public owner or contractor. Reasons for withholdi ng such 167
applications or certifications shall include, but not be 168
limited to, the following: unsatisfactory job progress; 169
defective construction work or material not remedied; 170
disputed work; failure to comply with other material 171
provisions of the cont ract; third-party claims filed or 172
reasonable evidence that a claim will be filed; failure of 173
the subcontractor to make timely payments for labor, 174
equipment and materials; damage to a contractor or another 175 SS#3 SCS SB 758 12
subcontractor or material supplier; reasonable evidence that 176
the contract cannot be completed for the unpaid balance of 177
the subcontract sum or a reasonable amount for retention, 178
not to exceed the initial percentage retained by the owner. 179
3. Should the contractor determine, after application 180
or certification has been made and after payment has been 181
received from the public owner, or after payment has been 182
received by a contractor based upon the public owner's 183
estimate of materials in place and work performed as 184
provided by contract, that al l or a portion of the moneys 185
needs to be withheld from a specific subcontractor or 186
material supplier for any of the reasons enumerated in this 187
section, and such moneys are withheld from such 188
subcontractor or material supplier, then such undistributed 189
amounts shall be specifically identified in writing and 190
deducted from the next application or certification made to 191
the public owner or from the next estimate by the public 192
owner of payment due the contractor, until a resolution of 193
the matter has been achieved. Disputes shall be resolved in 194
accordance with the terms of the contract documents. Upon 195
such resolution the amounts withheld by the contractor from 196
the subcontractor or material supplier shall be included in 197
the next application or certific ation made to the public 198
owner or the next estimate by the public owner and shall be 199
paid promptly in accordance with the provisions of this 200
section. This subsection shall also apply to applications 201
or certifications made by subcontractors or material 202
suppliers to the contractor and throughout the various tiers 203
of the contracting chain. 204
4. The contracts which provide for payments to the 205
contractor based upon the public owner's estimate of 206
materials in place and work performed rather than 207 SS#3 SCS SB 758 13
applications or certifications submitted by the contractor, 208
the public owner shall pay the contractor within thirty days 209
following the date upon which the estimate is required by 210
contract to be completed by the public owner, the amount due 211
less a retainage not to exceed five percent. All such 212
estimates by the public owner shall be paid promptly and 213
shall be subject to late payment charges as provided in this 214
subsection. After the thirtieth day following the date upon 215
which the estimate is required by contract to be completed 216
by the public owner, the contracting agency shall pay the 217
contractor, in addition to the payment due him, interest at 218
a rate of one and one -half percent per month calculated from 219
the expiration of the thirty -day period until fully paid. 220
5. The public owner shall pay or cause to be paid to 221
any professional engineer, architect, landscape architect, 222
or land surveyor the amount due within thirty days following 223
the receipt of an invoice prepared and submitted in 224
accordance with the contract terms. In addition to the 225
payment due, the contracting agency shall pay interest at 226
the rate of one and one -half percent per month calculated 227
from the expiration of the thirty -day period until fully 228
paid. 229
6. Nothing in this section shall prevent the owner 230
from withholding payment or final payment from the 231
contractor, or a subcontractor or material supplier. 232
Reasons for withholding payment or final payment shall 233
include, but not be limited to, the following: liquidated 234
damages; unsatisfactory job progress; defective construction 235
work or material not remedied; disputed work; failure to 236
comply with any material provision of the contract; third 237
party claims filed or reasonable evidence that a claim will 238
be filed; failure to make timely payments for labor, 239 SS#3 SCS SB 758 14
equipment or materials; damage to a contractor, 240
subcontractor or material supplier; reasonable evidence that 241
a subcontractor or material supplier cannot be fully 242
compensated under its contract with the contractor for the 243
unpaid balance of the contract sum; or citation by the 244
enforcing authority for acts of the contractor or 245
subcontractor which do not comply with any material 246
provision of the contract and which result in a violation of 247
any federal, state or local l aw, regulation or ordinance 248
applicable to that project causing additional costs or 249
damages to the owner. 250
7. Nothing in this section shall be construed to 251
require direct payment by a public owner to a subcontractor 252
or supplier, except in the case of the default, as 253
determined by a court, of the contractor on the contract 254
with the public owner where no performance or payment bond 255
is required or where the surety fails to execute its duties, 256
as determined by a court. 257
8. Notwithstanding any o ther provisions in this 258
section to the contrary, no late payment interest shall be 259
due and owing for payments which are withheld in good faith 260
for reasonable cause pursuant to subsections 2, 5, and 6 of 261
this section. If it is determined by a court of competent 262
jurisdiction that a payment which was withheld pursuant to 263
subsections 2, 5, and 6 of this section was not withheld in 264
good faith for reasonable cause, the court may impose 265
interest at the rate of one and one -half percent per month 266
calculated from the date of the invoice and may, in its 267
discretion, award reasonable attorney fees to the prevailing 268
party. In any civil action or part of a civil action 269
brought pursuant to this section, if a court determines 270
after a hearing for such purpose t hat the cause was 271 SS#3 SCS SB 758 15
initiated, or a defense was asserted, or a motion was filed, 272
or any proceeding therein was done frivolously and in bad 273
faith, the court shall require the party who initiated such 274
cause, asserted such defense, filed such motion, or cau sed 275
such proceeding to be had to pay the other party named in 276
such action the amount of the costs attributable thereto and 277
reasonable expenses incurred by such party, including 278
reasonable attorney fees. 279
[34.058.] 8.962. 1. As used in this section, the term 1
"public works contract" means a contract of the state, 2
county, city and other political subdivisions of the state, 3
except the Missouri transportation department, for the 4
construction, alteration, repair, or maintenance of any 5
building, structure, highway, bridge, viaduct, pipeline, 6
public works, or any other works dealing with construction, 7
which shall include, but need not be limited to, moving, 8
demolition, or excavation performed in conjunction with such 9
work. 10
2. Any clause in a public works contract that purports 11
to waive, release, or extinguish the rights of a contractor 12
to recover costs or damages, or obtain an equitable 13
adjustment, for delays in performing such contract, if such 14
delay is caused in whole, or in part, by acts or omissions 15
within the control of the contracting public entity or 16
persons acting on behalf thereof, is against public policy 17
and is void and unenforceable. 18
3. Subsection 2 of this section is not intended to 19
render void any cont ract provision of a public works 20
contract that: 21
(1) Precludes a contractor from recovering that 22
portion of delay costs caused by the acts or omissions of 23
the contractor or its agents; 24 SS#3 SCS SB 758 16
(2) Requires notice of any delay by the party 25
responsible for such delay; 26
(3) Provides for reasonable liquidated damages; or 27
(4) Provides for arbitration or any other procedure 28
designed to settle contract disputes. 29
[34.203.] 8.964. The provisions of sections [34.203 to 1
34.216] 8.964 to 8.974 shall be known and may be cited as 2
the "Fairness in Public Construction Act". 3
[34.206.] 8.966. The purpose of sections [34.203 to 1
34.216] 8.964 to 8.974 is to fulfill the state's proprietary 2
objectives in maintaining a nd promoting the economical, 3
nondiscriminatory, and efficient expenditures of public 4
funds in connection with publicly funded or assisted 5
construction projects. Nothing in sections [34.203 to 6
34.216] 8.964 to 8.974 shall prohibit employers or other 7
parties covered by the National Labor Relations Act from 8
entering into agreements or engaging in any other activity 9
arguably protected by law, nor shall any aspect of sections 10
[34.203 to 34.216] 8.964 to 8.974 be interpreted in such a 11
way as to interfere with the labor relations of parties 12
covered by the National Labor Relations Act. 13
[34.209.] 8.968. 1. The state, any agency of the 1
state, any political subdivision of the state, or any 2
instrumentality thereof, when engaged in procu ring or 3
letting contracts for construction, repair, remodeling, or 4
demolition of a facility shall ensure that bid 5
specification, project agreements, and other controlling 6
documents entered into, required, or subject to approval by 7
the state, agency, p olitical subdivision, or instrumentality 8
do not: 9
(1) Require or prohibit bidders, offerors, 10
contractors, or subcontractors to enter into or adhere to 11 SS#3 SCS SB 758 17
agreements with one or more labor organizations on the same 12
or related projects; or 13
(2) Discriminate against, encourage, or give 14
preferential treatment to bidders, offerors, contractors, or 15
subcontractors for: 16
(a) Entering or refusing to enter agreements with one 17
or more labor organizations on the same or related 18
construction projects ; or 19
(b) Remaining or refusing to remain signatory with one 20
or more labor organizations on the same or related 21
construction projects. 22
2. Nothing in this section shall be construed to 23
prohibit the state, any agency of the state, any political 24
subdivision of the state, or any instrumentality thereof 25
from requiring bidders, offerors, contractors, or 26
subcontractors, as a condition of receiving work or 27
submitting a bid, to test its workers and employees for the 28
presence of illegal drugs. 29
[34.212.] 8.970. 1. The state, any agency of the 1
state, any political subdivision of the state, or any 2
instrumentality thereof shall not issue or award grants, tax 3
abatements, or tax credits or enter into cooperative 4
agreements for construction projects or for the improvement, 5
maintenance, or renovation of real property or fixtures, a 6
condition of which requires that bid specifications, project 7
agreements, or other controlling documents pertaining to the 8
grant, tax abatement, t ax credit, or cooperative agreement 9
contain any of the elements specified in section [34.209] 10
8.968. 11
2. The state, any agency of the state, any political 12
subdivision, or any instrumentality thereof shall exercise 13
such authority as may be required to preclude a grant, tax 14 SS#3 SCS SB 758 18
abatement, or tax credit recipient or party to a cooperative 15
agreement from imposing any of the elements specified in 16
section [34.209] 8.968 in connection with any grant or 17
cooperative agreement awarded or entered into. Nothing in 18
sections [34.203 to 34.217] 8.964 to 8.974 shall prohibit 19
contractors or subcontractors from voluntarily entering into 20
agreements described in section [34.209] 8.968. 21
[34.217.] 8.972. Notwithstanding the provisions of 1
section 1.140, the provisions of sections 290.095 and 2
290.250 and sections [34.203 to 34.216] 8.964 to 8.974 shall 3
not be severable. In the event a court of competent 4
jurisdiction rules that any part of this act is 5
unenforceable, the entire act shall be rende red null and 6
void. 7
[34.218.] 8.974. 1. Any entity which violates the 1
provisions of sections [34.203 to 34.217] 8.964 to 8.974 2
shall be liable to the person affected for such equitable 3
relief as may be appropriate, including reasona ble 4
attorney's fees. 5
2. Any entity which violates the provisions of 6
sections [34.203 to 34.217] 8.964 to 8.974 shall not be 7
eligible for any state funding or tax credits issued by the 8
state for two years. 9
3. The prosecuting attorney or circ uit attorney with 10
jurisdiction over the location where a violation of sections 11
[34.203 to 34.217] 8.964 to 8.974 occurs, or the attorney 12
general of this state, shall investigate complaints of 13
violation of such sections, and use all means at their 14
command to ensure the effective enforcement of this section. 15
34.055. 1. Except as otherwise provided in section 1
[34.057] 8.960, all invoices for supplies and services 2
purchased by the state, duly approved and processed, shall 3 SS#3 SCS SB 758 19
be subject to interest charges or late payment charges as 4
provided in this section. 5
2. After the forty-fifth day following the later of 6
the date of delivery of the supplies and services or the 7
date upon which the invoice is duly approved and processed, 8
interest retroactive to the thirtieth day shall be paid on 9
any unpaid balance, except balances for services provided by 10
a gas corporation, electrical corporation, water 11
corporation, or sewer corporation which has received 12
authorization from the public ser vice commission to impose 13
late payment charges on delinquent utility bills, upon 14
application of the vendor thereof. The rate of such 15
interest shall be three percentage points above the average 16
predominant prime rate quoted by commercial banks to large 17
businesses, as determined by the Board of Governors of the 18
Federal Reserve System. 19
3. The state shall be liable for late payment charges 20
on any delinquent bill for services purchased by the state 21
from a gas corporation, electrical corporation, w ater 22
corporation, or sewer corporation which has received 23
authorization from the public service commission to impose 24
late payment charges on delinquent utility bills. The rate 25
of such late payment charges shall be as established for 26
each such corporation by order of the public service 27
commission, but bills rendered to the state shall not be 28
considered delinquent until thirty days after rendition of 29
the bill by the corporation. 30
4. Any such interest charges or late payment charges 31
shall be paid from appropriations which were made for the 32
fiscal year in which the supplies or services were delivered 33
to the respective departments purchasing such supplies or 34
services. The commissioner of administration shall be 35 SS#3 SCS SB 758 20
responsible for the timely imple mentation of this section 36
and all officers, departments, institutions and agencies of 37
state government shall fully cooperate with the commissioner 38
of administration in the implementation of this section. No 39
late payment penalty shall be assessed again st, nor payable 40
by, the state unless pursuant to the provisions of this 41
section. 42
5. Notwithstanding any other provision of this 43
section, recipients of funds from the low -income energy 44
assistance program shall be exempt from interest charges 45
imposed by such section for the duration of the recipient's 46
participation in the program. 47
34.100. The commissioner of administration may, when 1
in the commissioner's best judgment it is in the best 2
interests of the state, delegate the com missioner's 3
procurement authority pursuant to this chapter to an 4
individual department; provided, however, that each instance 5
of single feasible source purchasing authority in excess of 6
[five] ten thousand dollars under section 34.044 must be 7
specifically delegated by the commissioner. The delegation 8
may allow departments to negotiate in accordance with 9
section 34.042 the purchase of services for patients, 10
residents or clients with funds appropriated for this 11
purpose. In accepting this delegated authority the 12
department acknowledges its ability to, and agrees to, 13
fulfill all of the requirements of this chapter in making 14
purchases and entering into contracts and keeping records. 15
No claim for payment based upon any purchase under this 16
section shall be certified by the commissioner unless 17
accompanied by such documentation of compliance with the 18
provisions of this chapter as the commissioner may require. 19
Any department that fails to fulfill all such requirements 20 SS#3 SCS SB 758 21
may have its delegated author ity rescinded by the 21
commissioner of administration. 22
67.5065. For purposes of section 67.5050 and section 1
67.5060, the term "political subdivision" includes any 2
public institution of higher education. 3