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SECOND REGULAR SESSION
SENATE BILL NO. 1245
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (26).
5043S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 34.074, RSMo, and to enact in lieu thereof two new sections relating to veteran
preferences for contracts.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 34.074, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 34.069 2
and 34.074, to read as follows:3
34.069. 1. As used in this section, the following 1
terms mean: 2
(1) "Honorably discharged veteran", any individual who 3
is honorably discharged from any branch of the United States 4
Armed Forces as certified by the appropriate federal agency 5
responsible for the administration of veterans' affairs; 6
(2) "Honorably discharged veteran-owned enterprise": 7
(a) A sole proprietorship owned and controlled by an 8
honorably discharged veteran; 9
(b) A partnership or joint venture owned and 10
controlled by honorably discharged veterans in which at 11
least fifty-one percent of the ownership interest is held by 12
honorably discharged veterans and the management and daily 13
business operations are controlled by one or more of the 14
honorably discharged veteran owners; or 15
(c) A corporation or other entity: 16
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a. At least fifty-one percent of which is owned by one 17
or more honorably discharged veterans or, if stock is 18
issued, at least fifty-one percent of the stock is owned by 19
one or more honorably discharged veterans; and 20
b. Whose management and daily business operations are 21
controlled by one or more of the honorably discharged 22
veteran owners. 23
2. In letting contracts for the performance of any job 24
or service, all agencies, departments, institutions, and 25
other entities of this state and of each political 26
subdivision of this state shall give a three-point bonus 27
preference to honorably discharged veteran-owned enterprises 28
that are doing business as Missouri firms, corporations, or 29
individuals or that maintain Missouri offices or places of 30
business. 31
3. In implementing the provisions of subsection 2 of 32
this section, the following provisions shall apply: 33
(1) The commissioner of administration shall have the 34
goal of three percent of all state contracts described in 35
subsection 2 of this section to be let to honorably 36
discharged veteran-owned enterprises; 37
(2) If an insufficient number of honorably discharged 38
veteran-owned enterprises submit a bid or proposal for a 39
contract let by an agency, department, institution, or other 40
entity of the state or of a political subdivision of the 41
state, the provisions of subdivision (1) of this subsection 42
shall not apply; and 43
(3) Any honorably discharged veteran-owned enterprise 44
that receives bonus points under this section shall not 45
receive bonus points under section 34.074. 46
4. The commissioner of administration may promulgate 47
rules to implement the provisions of this section. Any rule 48
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or portion of a rule, as that term is defined in section 49
536.010, that is created under the authority delegated in 50
this section shall become effective only if it complies with 51
and is subject to all of the provisions of chapter 536 and, 52
if applicable, section 536.028. This section and chapter 53
536 are nonseverable and if any of the powers vested with 54
the general assembly pursuant to chapter 536 to review, to 55
delay the effective date, or to disapprove and annul a rule 56
are subsequently held unconstitutional, then the grant of 57
rulemaking authority and any rule proposed or adopted after 58
August 28, 2026, shall be invalid and void. 59
34.074. 1. As used in this section, the term "service- 1
disabled veteran" means any individual who is disabled as 2
certified by the appropriate federal agency responsible for 3
the administration of veterans' affairs. 4
2. As used in this section, the term "service-disabled 5
veteran business" means a business concern: 6
(1) Not less than fifty-one percent of which is owned 7
by one or more service-disabled veterans or, in the case of 8
any publicly owned business, not less than fifty-one percent 9
of the stock of which is owned by one or more service- 10
disabled veterans; and 11
(2) The management and daily business operations of 12
which are controlled by one or more service-disabled 13
veterans. 14
3. In letting contracts for the performance of any job 15
or service, all agencies, departments, institutions, and 16
other entities of this state and of each political 17
subdivision of this state shall give a three-point bonus 18
preference to service-disabled veteran businesses doing 19
business as Missouri firms, corporations, or individuals, or 20
which maintain Missouri offices or places of business. 21
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4. In implementing the provisions of subsection 3 of 22
this section, the following shall apply: 23
(1) The commissioner of administration shall have the 24
goal of three percent of all such contracts described in 25
subsection 3 of this section to be let to such veterans; 26
(2) If no or an insufficient number of such veterans 27
doing business in this state submit a bid or proposal for a 28
contract let by an agency, department, institution, or other 29
entity of the state or a political subdivision, such goal 30
shall not be required and the provisions of subdivision (1) 31
of this subsection shall not apply; and 32
(3) Any service-disabled veteran business that 33
receives bonus points under this section shall not receive 34
bonus points under section 34.069. 35
5. The commissioner of administration may promulgate 36
rules in order to implement the provisions of this section. 37
Any rule or portion of a rule, as that term is defined in 38
section 536.010, that is created under the authority 39
delegated in this section shall become effective only if it 40
complies with and is subject to all of the provisions of 41
chapter 536 and if applicable, section 536.028. This 42
section and chapter 536 are nonseverable and if any of the 43
powers vested with the general assembly pursuant to chapter 44
536 to review, to delay the effective date, or to disapprove 45
and annul a rule are subsequently held unconstitutional, 46
then the grant of rulemaking authority and any rule proposed 47
or adopted after August 28, 2010, shall be invalid and void. 48
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