SS SCS HB 754 (2025), truly agreed and finally passed (incl. RSMo § 361.1100 and § 408.010)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

States

Mo

2025

Document text

Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

FIRST REGULAR SESSION
                          [TRULY AGREED TO AND FINALLY PASSED]
                                     SENATE SUBSTITUTE FOR
                             SENATE COMMITTEE SUBSTITUTE FOR

                        HOUSE BILL NO. 754
                              103RD GENERAL ASSEMBLY

    1499S.05T                                      2025

                                               AN ACT
    To repeal sections 32.115, 143.081, 143.121, 143.341, 361.909, 362.020, 362.247, 362.275,
           362.295, 362.490, 381.410, 408.010, 427.300, 447.200, 456.1-108, and 456.10-1005,
           RSMo, and to enact in lieu thereof thirty-two new sections relating to certain financial
           organizations, with penalty provisions.

    Be it enacted by the General Assembly of the state of Missouri, as follows:

           Section A. Sections 32.115, 143.081, 143.121, 143.341, 361.909, 362.020, 362.247,
2   362.275, 362.295, 362.490, 381.410, 408.010, 427.300, 447.200, 456.1-108, and 456.10-
3   1005, RSMo, are repealed and thirty-two new sections enacted in lieu thereof, to be known as
4   sections 32.115, 143.081, 143.121, 143.341, 361.909, 361.1100, 362.020, 362.247, 362.275,
5   362.295, 362.424, 362.490, 370.245, 381.410, 408.010, 427.300, 456.1-108, 456.10-1005,
6   474.540, 474.542, 474.544, 474.546, 474.548, 474.550, 474.552, 474.554, 474.556, 474.558,
7   474.560, 474.562, 474.564, and 474.600, to read as follows:
           32.115. 1. The department of revenue shall grant a tax credit, to be applied in the
2   following order until used, against:
3          (1) The annual tax on gross premium receipts of insurance companies in chapter 148;
4          (2) The tax on banks determined pursuant to subdivision (2) of subsection 2 of section
5   148.030;
6          (3) The tax on banks determined in subdivision (1) of subsection 2 of section
7   148.030;
8          (4) The tax on other financial institutions in chapter 148;

    EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
    intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
SS SCS HB 754                                       2

 9            (5) The corporation franchise tax in chapter 147;
10            (6) The state income tax in chapter 143; and
11            (7) The annual tax on gross receipts of express companies in chapter 153.
12            2. For proposals approved pursuant to section 32.110:
13            (1) The amount of the tax credit shall not exceed fifty percent of the total amount
14   contributed during the taxable year by the business firm or, in the case of a financial
15   institution, where applicable, during the relevant income period in programs approved
16   pursuant to section 32.110;
17            (2) Except as provided in subsection 2 or 5 of this section, a tax credit of up to
18   seventy percent may be allowed for contributions to programs where activities fall within the
19   scope of special program priorities as defined with the approval of the governor in regulations
20   promulgated by the director of the department of economic development;
21            (3) Except as provided in subsection 2 or 5 of this section, the tax credit allowed for
22   contributions to programs located in any community shall be equal to seventy percent of the
23   total amount contributed where such community is a city, town or village which has fifteen
24   thousand or less inhabitants as of the last decennial census and is located in a county which is
25   either located in:
26            (a) An area that is not part of a standard metropolitan statistical area;
27            (b) A standard metropolitan statistical area but such county has only one city, town or
28   village which has more than fifteen thousand inhabitants; or
29            (c) A standard metropolitan statistical area and a substantial number of persons in
30   such county derive their income from agriculture.
31
32   Such community may also be in an unincorporated area in such county as provided in
33   subdivision (1), (2) or (3) of this subsection. Except in no case shall the total economic
34   benefit of the combined federal and state tax savings to the taxpayer exceed the amount
35   contributed by the taxpayer during the tax year;
36           (4) Such tax credit allocation, equal to seventy percent of the total amount
37   contributed, shall not exceed four million dollars in fiscal year 1999 and six million dollars in
38   fiscal year 2000 and any subsequent fiscal year. When the maximum dollar limit on the
39   seventy percent tax credit allocation is committed, the tax credit allocation for such programs
40   shall then be equal to fifty percent credit of the total amount contributed. Regulations
41   establishing special program priorities are to be promulgated during the first month of each
42   fiscal year and at such times during the year as the public interest dictates. Such credit shall
43   not exceed two hundred and fifty thousand dollars annually except as provided in subdivision
44   (5) of this subsection. No tax credit shall be approved for any bank, bank and trust company,
45   insurance company, trust company, national bank, savings association, or building and loan
SS SCS HB 754                                       3

46   association for activities that are a part of its normal course of business. Any tax credit not
47   used in the period the contribution was made may be carried over the next five succeeding
48   calendar or fiscal years until the full credit has been claimed. Except as otherwise provided
49   for proposals approved pursuant to section 32.111, 32.112 or 32.117, in no event shall the
50   total amount of all other tax credits allowed pursuant to sections 32.100 to 32.125 exceed
51   thirty-two million dollars in any one fiscal year, of which six million shall be credits allowed
52   pursuant to section 135.460. If six million dollars in credits are not approved, then the
53   remaining credits may be used for programs approved pursuant to sections 32.100 to 32.125;
54           (5) The credit may exceed two hundred fifty thousand dollars annually and shall not
55   be limited if community services, crime prevention, education, job training, physical
56   revitalization or economic development, as defined by section 32.105, is rendered in an area
57   defined by federal or state law as an impoverished, economically distressed, or blighted area
58   or as a neighborhood experiencing problems endangering its existence as a viable and stable
59   neighborhood, or if the community services, crime prevention, education, job training,
60   physical revitalization or economic development is limited to impoverished persons.
61           3. For proposals approved pursuant to section 32.111:
62           (1) The amount of the tax credit shall not exceed fifty-five percent of the total amount
63   invested in affordable housing assistance activities or market rate housing in distressed
64   communities as defined in section 135.530 by a business firm. Whenever such investment is
65   made in the form of an equity investment or a loan, as opposed to a donation alone, tax credits
66   may be claimed only where the loan or equity investment is accompanied by a donation
67   which is eligible for federal income tax charitable deduction, and where the total value of the
68   tax credits herein plus the value of the federal income tax charitable deduction is less than or
69   equal to the value of the donation. Any tax credit not used in the period for which the credit
70   was approved may be carried over the next ten succeeding calendar or fiscal years until the
71   full credit has been allowed. If the affordable housing units or market rate housing units in
72   distressed communities for which a tax is claimed are within a larger structure, parts of which
73   are not the subject of a tax credit claim, then expenditures applicable to the entire structure
74   shall be reduced on a prorated basis in proportion to the ratio of the number of square feet
75   devoted to the affordable housing units or market rate housing units in distressed
76   communities, for purposes of determining the amount of the tax credit. The total amount
77   of tax credit granted for programs approved pursuant to section 32.111 for the fiscal year
78   beginning July 1, 1991, shall not exceed two million dollars, to be increased by no more than
79   two million dollars each succeeding fiscal year, until the total tax credits that may be
80   approved reaches ten million dollars in any fiscal year;
81           (2) For any year during the compliance period indicated in the land use restriction
82   agreement, the owner of the affordable housing rental units for which a credit is being
 SS SCS HB 754                                        4

 83   claimed shall certify to the commission that all tenants renting claimed units are income
 84   eligible for affordable housing units and that the rentals for each claimed unit are in
 85   compliance with the provisions of sections 32.100 to 32.125. The commission is authorized,
 86   in its discretion, to audit the records and accounts of the owner to verify such certification;
 87           (3) In the case of owner-occupied affordable housing units, the qualifying owner
 88   occupant shall, before the end of the first year in which credits are claimed, certify to the
 89   commission that the occupant is income eligible during the preceding two years, and at the
 90   time of the initial purchase contract, but not thereafter. The qualifying owner occupant shall
 91   further certify to the commission, before the end of the first year in which credits are claimed,
 92   that during the compliance period indicated in the land use restriction agreement, the cost of
 93   the affordable housing unit to the occupant for the claimed unit can reasonably be projected to
 94   be in compliance with the provisions of sections 32.100 to 32.125. Any succeeding owner
 95   occupant acquiring the affordable housing unit during the compliance period indicated in the
 96   land use restriction agreement shall make the same certification;
 97           (4) If at any time during the compliance period the commission determines a project
 98   for which a proposal has been approved is not in compliance with the applicable provisions of
 99   sections 32.100 to 32.125 or rules promulgated therefor, the commission may within one
100   hundred fifty days of notice to the owner either seek injunctive enforcement action against the
101   owner, or seek legal damages against the owner representing the value of the tax credits, or
102   foreclose on the lien in the land use restriction agreement, selling the project at a public sale,
103   and paying to the owner the proceeds of the sale, less the costs of the sale and less the value of
104   all tax credits allowed herein. The commission shall remit to the director of revenue the
105   portion of the legal damages collected or the sale proceeds representing the value of the tax
106   credits. However, except in the event of intentional fraud by the taxpayer, the proposal's
107   certificate of eligibility for tax credits shall not be revoked.
108           4. For proposals approved pursuant to section 32.112, the amount of the tax credit
109   shall not exceed fifty-five percent of the total amount contributed to a neighborhood
110   organization by business firms. Any tax credit not used in the period for which the credit was
111   approved may be carried over the next ten succeeding calendar or fiscal years until the full
112   credit has been allowed. The total amount of tax credit granted for programs approved
113   pursuant to section 32.112 shall not exceed one million dollars for each fiscal year. For any
114   fiscal year in which the total amount of tax credits authorized for programs approved
115   pursuant to section 32.111 is less than ten million dollars, such amount not authorized
116   may be authorized for programs approved pursuant to section 32.112 during the same
117   fiscal year, provided that the total combined amount of tax credits for programs
118   approved pursuant to sections 32.111 and 32.112 during the fiscal year does not exceed
119   eleven million dollars.
  SS SCS HB 754                                     5

120         5. The total amount of tax credits used for market rate housing in distressed
121 communities pursuant to sections 32.100 to 32.125 shall not exceed thirty percent of the total
122 amount of all tax credits authorized pursuant to sections 32.111 and 32.112.
            143.081. 1. A resident individual, resident estate, and resident trust shall be allowed a
  2 credit against the tax otherwise due pursuant to sections 143.005 to 143.998 for the amount of
  3 any income tax imposed for the taxable year by another state of the United States (or a
  4 political subdivision thereof) or the District of Columbia on income derived from sources
  5 therein and which is also subject to tax pursuant to sections 143.005 to 143.998. For purposes
  6 of this subsection, the phrase "income tax imposed" shall be that amount of tax before any
  7 income tax credit allowed by such other state or the District of Columbia if the other state or
  8 the District of Columbia authorizes a reciprocal benefit for residents of this state.
  9         2. The credit provided pursuant to this section shall not exceed an amount which
 10 bears the same ratio to the tax otherwise due pursuant to sections 143.005 to 143.998 as the
 11 amount of the taxpayer's Missouri adjusted gross income derived from sources in the other
 12 jurisdiction bears to the taxpayer's Missouri adjusted gross income derived from all sources.
 13 In applying the limitation of the previous sentence to an estate or trust, Missouri taxable
 14 income shall be substituted for Missouri adjusted gross income. If the tax of more than one
 15 other jurisdiction is imposed on the same item of income, the credit shall not exceed the
 16 limitation that would result if the taxes of all the other jurisdictions applicable to the item
 17 were deemed to be of a single jurisdiction. The provisions of this subsection shall apply to
 18 any credit allowed under this section, provided that such credit shall be allowed under this
 19 section with respect to any estate or trust to the extent its Missouri adjusted gross
 20 income is excluded from Missouri taxable income pursuant to the subtraction set forth
 21 in subsection 3 of section 143.341.
 22         3. (1) For the purposes of this section, in the case of an S corporation, each resident S
 23 shareholder shall be considered to have paid a tax imposed on the shareholder in an amount
 24 equal to the shareholder's pro rata share of any net income tax paid by the S corporation to a
 25 state which does not measure the income of shareholders on an S corporation by reference to
 26 the income of the S corporation or where a composite return and composite payments are
 27 made in such state on behalf of the S shareholders by the S corporation.
 28         (2) A resident S shareholder shall be eligible for a credit issued pursuant to this
 29 section in an amount equal to the individual income tax imposed pursuant to this chapter on
 30 such shareholder's share of the S corporation's income derived from sources in another state
 31 of the United States or the District of Columbia, and which is subject to income tax pursuant
 32 to this chapter but is not subject to income tax in such other jurisdiction or a political
 33 subdivision thereof.
SS SCS HB 754                                        6

34           4. For purposes of subsection 3 of this section, in the case of an S corporation that is a
35   bank chartered by a state, the Office of Thrift Supervision, or the comptroller of currency,
36   each Missouri resident S shareholder of such out-of-state bank shall qualify for the
37   shareholder's pro rata share of any net tax paid, including a bank franchise tax based on the
38   income of the bank, by such S corporation where bank payment of taxes are made in such
39   state on behalf of the S shareholders by the S bank to the extent of the tax paid.
             143.121. 1. The Missouri adjusted gross income of a resident individual shall be the
 2   taxpayer's federal adjusted gross income subject to the modifications in this section.
 3           2. There shall be added to the taxpayer's federal adjusted gross income:
 4           (1) The amount of any federal income tax refund received for a prior year which
 5   resulted in a Missouri income tax benefit. The amount added pursuant to this subdivision
 6   shall not include any amount of a federal income tax refund attributable to a tax credit
 7   reducing a taxpayer's federal tax liability pursuant to Public Law 116-136 or 116-260, enacted
 8   by the 116th United States Congress, for the tax year beginning on or after January 1, 2020,
 9   and ending on or before December 31, 2020, and deducted from Missouri adjusted gross
10   income pursuant to section 143.171. The amount added under this subdivision shall also not
11   include any amount of a federal income tax refund attributable to a tax credit reducing a
12   taxpayer's federal tax liability under any other federal law that provides direct economic
13   impact payments to taxpayers to mitigate financial challenges related to the COVID-19
14   pandemic, and deducted from Missouri adjusted gross income under section 143.171;
15           (2) Interest on certain governmental obligations excluded from federal gross income
16   by 26 U.S.C. Section 103 of the Internal Revenue Code, as amended. The previous sentence
17   shall not apply to interest on obligations of the state of Missouri or any of its political
18   subdivisions or authorities and shall not apply to the interest described in subdivision (1) of
19   subsection 3 of this section. The amount added pursuant to this subdivision shall be reduced
20   by the amounts applicable to such interest that would have been deductible in computing the
21   taxable income of the taxpayer except only for the application of 26 U.S.C. Section 265 of the
22   Internal Revenue Code, as amended. The reduction shall only be made if it is at least five
23   hundred dollars;
24           (3) The amount of any deduction that is included in the computation of federal
25   taxable income pursuant to 26 U.S.C. Section 168 of the Internal Revenue Code as amended
26   by the Job Creation and Worker Assistance Act of 2002 to the extent the amount deducted
27   relates to property purchased on or after July 1, 2002, but before July 1, 2003, and to the
28   extent the amount deducted exceeds the amount that would have been deductible pursuant to
29   26 U.S.C. Section 168 of the Internal Revenue Code of 1986 as in effect on January 1, 2002;
30           (4) The amount of any deduction that is included in the computation of federal
31   taxable income for net operating loss allowed by 26 U.S.C. Section 172 of the Internal
SS SCS HB 754                                        7

32   Revenue Code of 1986, as amended, other than the deduction allowed by 26 U.S.C. Section
33   172(b)(1)(G) and 26 U.S.C. Section 172(i) of the Internal Revenue Code of 1986, as
34   amended, for a net operating loss the taxpayer claims in the tax year in which the net
35   operating loss occurred or carries forward for a period of more than twenty years and carries
36   backward for more than two years. Any amount of net operating loss taken against federal
37   taxable income but disallowed for Missouri income tax purposes pursuant to this subdivision
38   after June 18, 2002, may be carried forward and taken against any income on the Missouri
39   income tax return for a period of not more than twenty years from the year of the initial loss;
40   and
41            (5) For nonresident individuals in all taxable years ending on or after December 31,
42   2006, the amount of any property taxes paid to another state or a political subdivision of
43   another state for which a deduction was allowed on such nonresident's federal return in the
44   taxable year unless such state, political subdivision of a state, or the District of Columbia
45   allows a subtraction from income for property taxes paid to this state for purposes of
46   calculating income for the income tax for such state, political subdivision of a state, or the
47   District of Columbia;
48            (6) For all tax years beginning on or after January 1, 2018, any interest expense paid
49   or accrued in a previous taxable year, but allowed as a deduction under 26 U.S.C. Section
50   163, as amended, in the current taxable year by reason of the carryforward of disallowed
51   business interest provisions of 26 U.S.C. Section 163(j), as amended. For the purposes of this
52   subdivision, an interest expense is considered paid or accrued only in the first taxable year the
53   deduction would have been allowable under 26 U.S.C. Section 163, as amended, if the
54   limitation under 26 U.S.C. Section 163(j), as amended, did not exist.
55            3. There shall be subtracted from the taxpayer's federal adjusted gross income the
56   following amounts to the extent included in federal adjusted gross income:
57            (1) Interest received on deposits held at a federal reserve bank or interest or dividends
58   on obligations of the United States and its territories and possessions or of any authority,
59   commission or instrumentality of the United States to the extent exempt from Missouri
60   income taxes pursuant to the laws of the United States. The amount subtracted pursuant to
61   this subdivision shall be reduced by any interest on indebtedness incurred to carry the
62   described obligations or securities and by any expenses incurred in the production of interest
63   or dividend income described in this subdivision. The reduction in the previous sentence
64   shall only apply to the extent that such expenses including amortizable bond premiums are
65   deducted in determining the taxpayer's federal adjusted gross income or included in the
66   taxpayer's Missouri itemized deduction. The reduction shall only be made if the expenses
67   total at least five hundred dollars;
 SS SCS HB 754                                       8

 68            (2) The portion of any gain, from the sale or other disposition of property having a
 69   higher adjusted basis to the taxpayer for Missouri income tax purposes than for federal
 70   income tax purposes on December 31, 1972, that does not exceed such difference in basis. If
 71   a gain is considered a long-term capital gain for federal income tax purposes, the modification
 72   shall be limited to one-half of such portion of the gain;
 73            (3) The amount necessary to prevent the taxation pursuant to this chapter of any
 74   annuity or other amount of income or gain which was properly included in income or gain and
 75   was taxed pursuant to the laws of Missouri for a taxable year prior to January 1, 1973, to the
 76   taxpayer, or to a decedent by reason of whose death the taxpayer acquired the right to receive
 77   the income or gain, or to a trust or estate from which the taxpayer received the income or
 78   gain;
 79            (4) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the
 80   extent that the same are included in federal adjusted gross income;
 81            (5) The amount of any state income tax refund for a prior year which was included in
 82   the federal adjusted gross income;
 83            (6) The portion of capital gain specified in section 135.357 that would otherwise be
 84   included in federal adjusted gross income;
 85            (7) The amount that would have been deducted in the computation of federal taxable
 86   income pursuant to 26 U.S.C. Section 168 of the Internal Revenue Code as in effect on
 87   January 1, 2002, to the extent that amount relates to property purchased on or after July 1,
 88   2002, but before July 1, 2003, and to the extent that amount exceeds the amount actually
 89   deducted pursuant to 26 U.S.C. Section 168 of the Internal Revenue Code as amended by the
 90   Job Creation and Worker Assistance Act of 2002;
 91            (8) For all tax years beginning on or after January 1, 2005, the amount of any income
 92   received for military service while the taxpayer serves in a combat zone which is included in
 93   federal adjusted gross income and not otherwise excluded therefrom. As used in this section,
 94   "combat zone" means any area which the President of the United States by Executive Order
 95   designates as an area in which Armed Forces of the United States are or have engaged in
 96   combat. Service is performed in a combat zone only if performed on or after the date
 97   designated by the President by Executive Order as the date of the commencing of combat
 98   activities in such zone, and on or before the date designated by the President by Executive
 99   Order as the date of the termination of combatant activities in such zone;
100           (9) For all tax years ending on or after July 1, 2002, with respect to qualified property
101   that is sold or otherwise disposed of during a taxable year by a taxpayer and for which an
102   additional modification was made under subdivision (3) of subsection 2 of this section, the
103   amount by which additional modification made under subdivision (3) of subsection 2 of this
 SS SCS HB 754                                       9

104   section on qualified property has not been recovered through the additional subtractions
105   provided in subdivision (7) of this subsection;
106           (10) For all tax years beginning on or after January 1, 2014, the amount of any
107   income received as payment from any program which provides compensation to agricultural
108   producers who have suffered a loss as the result of a disaster or emergency, including the:
109           (a) Livestock Forage Disaster Program;
110           (b) Livestock Indemnity Program;
111           (c) Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish;
112           (d) Emergency Conservation Program;
113           (e) Noninsured Crop Disaster Assistance Program;
114           (f) Pasture, Rangeland, Forage Pilot Insurance Program;
115           (g) Annual Forage Pilot Program;
116           (h) Livestock Risk Protection Insurance Plan;
117           (i) Livestock Gross Margin Insurance Plan;
118           (11) For all tax years beginning on or after January 1, 2018, any interest expense paid
119   or accrued in the current taxable year, but not deducted as a result of the limitation imposed
120   under 26 U.S.C. Section 163(j), as amended. For the purposes of this subdivision, an interest
121   expense is considered paid or accrued only in the first taxable year the deduction would have
122   been allowable under 26 U.S.C. Section 163, as amended, if the limitation under 26 U.S.C.
123   Section 163(j), as amended, did not exist;
124           (12) One hundred percent of any retirement benefits received by any taxpayer as a
125   result of the taxpayer's service in the Armed Forces of the United States, including reserve
126   components and the National Guard of this state, as defined in 32 U.S.C. Sections 101(3) and
127   109, and any other military force organized under the laws of this state; [and]
128           (13) For all tax years beginning on or after January 1, 2022, one hundred percent of
129   any federal, state, or local grant moneys received by the taxpayer if the grant money was
130   disbursed for the express purpose of providing or expanding access to broadband internet to
131   areas of the state deemed to be lacking such access; and
132           (14) For all tax years beginning on or after January 1, 2026, the portion of
133   capital gain on the sale or exchange of specie, as that term is defined in section 408.010,
134   that are otherwise included in the taxpayer's federal adjusted gross income.
135           4. There shall be added to or subtracted from the taxpayer's federal adjusted gross
136   income the taxpayer's share of the Missouri fiduciary adjustment provided in section 143.351.
137           5. There shall be added to or subtracted from the taxpayer's federal adjusted gross
138   income the modifications provided in section 143.411.
139           6. In addition to the modifications to a taxpayer's federal adjusted gross income in this
140   section, to calculate Missouri adjusted gross income there shall be subtracted from the
 SS SCS HB 754                                      10

141   taxpayer's federal adjusted gross income any gain recognized pursuant to 26 U.S.C. Section
142   1033 of the Internal Revenue Code of 1986, as amended, arising from compulsory or
143   involuntary conversion of property as a result of condemnation or the imminence thereof.
144           7. (1) As used in this subsection, "qualified health insurance premium" means the
145   amount paid during the tax year by such taxpayer for any insurance policy primarily
146   providing health care coverage for the taxpayer, the taxpayer's spouse, or the taxpayer's
147   dependents.
148           (2) In addition to the subtractions in subsection 3 of this section, one hundred percent
149   of the amount of qualified health insurance premiums shall be subtracted from the taxpayer's
150   federal adjusted gross income to the extent the amount paid for such premiums is included in
151   federal taxable income. The taxpayer shall provide the department of revenue with proof of
152   the amount of qualified health insurance premiums paid.
153           8. (1) Beginning January 1, 2014, in addition to the subtractions provided in this
154   section, one hundred percent of the cost incurred by a taxpayer for a home energy audit
155   conducted by an entity certified by the department of natural resources under section 640.153
156   or the implementation of any energy efficiency recommendations made in such an audit shall
157   be subtracted from the taxpayer's federal adjusted gross income to the extent the amount paid
158   for any such activity is included in federal taxable income. The taxpayer shall provide the
159   department of revenue with a summary of any recommendations made in a qualified home
160   energy audit, the name and certification number of the qualified home energy auditor who
161   conducted the audit, and proof of the amount paid for any activities under this subsection for
162   which a deduction is claimed. The taxpayer shall also provide a copy of the summary of any
163   recommendations made in a qualified home energy audit to the department of natural
164   resources.
165           (2) At no time shall a deduction claimed under this subsection by an individual
166   taxpayer or taxpayers filing combined returns exceed one thousand dollars per year for
167   individual taxpayers or cumulatively exceed two thousand dollars per year for taxpayers
168   filing combined returns.
169           (3) Any deduction claimed under this subsection shall be claimed for the tax year in
170   which the qualified home energy audit was conducted or in which the implementation of the
171   energy efficiency recommendations occurred. If implementation of the energy efficiency
172   recommendations occurred during more than one year, the deduction may be claimed in more
173   than one year, subject to the limitations provided under subdivision (2) of this subsection.
174           (4) A deduction shall not be claimed for any otherwise eligible activity under this
175   subsection if such activity qualified for and received any rebate or other incentive through a
176   state-sponsored energy program or through an electric corporation, gas corporation, electric
177   cooperative, or municipally owned utility.
 SS SCS HB 754                                      11

178           9. The provisions of subsection 8 of this section shall expire on December 31, 2020.
179           10. (1) As used in this subsection, the following terms mean:
180           (a) "Beginning farmer", a taxpayer who:
181           a. Has filed at least one but not more than ten Internal Revenue Service Schedule F
182   (Form 1040) Profit or Loss From Farming forms since turning eighteen years of age;
183           b. Is approved for a beginning farmer loan through the USDA Farm Service Agency
184   Beginning Farmer direct or guaranteed loan program;
185           c. Has a farming operation that is determined by the department of agriculture to be
186   new production agriculture but is the principal operator of a farm and has substantial farming
187   knowledge; or
188           d. Has been determined by the department of agriculture to be a qualified family
189   member;
190           (b) "Farm owner", an individual who owns farmland and disposes of or relinquishes
191   use of all or some portion of such farmland as follows:
192           a. A sale to a beginning farmer;
193           b. A lease or rental agreement not exceeding ten years with a beginning farmer; or
194           c. A crop-share arrangement not exceeding ten years with a beginning farmer;
195           (c) "Qualified family member", an individual who is related to a farm owner within
196   the fourth degree by blood, marriage, or adoption and who is purchasing or leasing or is in a
197   crop-share arrangement for land from all or a portion of such farm owner's farming operation.
198           (2) (a) In addition to all other subtractions authorized in this section, a taxpayer who
199   is a farm owner who sells all or a portion of such farmland to a beginning farmer may subtract
200   from such taxpayer's Missouri adjusted gross income an amount to the extent included in
201   federal adjusted gross income as provided in this subdivision.
202           (b) Subject to the limitations in paragraph (c) of this subdivision, the amount that may
203   be subtracted shall be equal to the portion of capital gains received from the sale of such
204   farmland that such taxpayer receives in the tax year for which such taxpayer subtracts such
205   capital gain.
206           (c) A taxpayer may subtract the following amounts and percentages per tax year in
207   total capital gains received from the sale of such farmland under this subdivision:
208           a. For the first two million dollars received, one hundred percent;
209           b. For the next one million dollars received, eighty percent;
210           c. For the next one million dollars received, sixty percent;
211           d. For the next one million dollars received, forty percent; and
212           e. For the next one million dollars received, twenty percent.
213           (d) The department of revenue shall prepare an annual report reviewing the costs and
214   benefits and containing statistical information regarding the subtraction of capital gains
 SS SCS HB 754                                     12

215 authorized under this subdivision for the previous tax year including, but not limited to, the
216 total amount of all capital gains subtracted and the number of taxpayers subtracting such
217 capital gains. Such report shall be submitted before February first of each year to the
218 committee on agriculture policy of the Missouri house of representatives and the committee
219 on agriculture, food production and outdoor resources of the Missouri senate, or the successor
220 committees.
221         (3) (a) In addition to all other subtractions authorized in this section, a taxpayer who
222 is a farm owner who enters a lease or rental agreement for all or a portion of such farmland
223 with a beginning farmer may subtract from such taxpayer's Missouri adjusted gross income an
224 amount to the extent included in federal adjusted gross income as provided in this
225 subdivision.
226         (b) Subject to the limitation in paragraph (c) of this subdivision, the amount that may
227 be subtracted shall be equal to the portion of cash rent income received from the lease or
228 rental of such farmland that such taxpayer receives in the tax year for which such taxpayer
229 subtracts such income.
230         (c) No taxpayer shall subtract more than twenty-five thousand dollars per tax year in
231 total cash rent income received from the lease or rental of such farmland under this
232 subdivision.
233         (4) (a) In addition to all other subtractions authorized in this section, a taxpayer who
234 is a farm owner who enters a crop-share arrangement on all or a portion of such farmland with
235 a beginning farmer may subtract from such taxpayer's Missouri adjusted gross income an
236 amount to the extent included in federal adjusted gross income as provided in this
237 subdivision.
238         (b) Subject to the limitation in paragraph (c) of this subdivision, the amount that may
239 be subtracted shall be equal to the portion of income received from the crop-share
240 arrangement on such farmland that such taxpayer receives in the tax year for which such
241 taxpayer subtracts such income.
242         (c) No taxpayer shall subtract more than twenty-five thousand dollars per tax year in
243 total income received from the lease or rental of such farmland under this subdivision.
244         (5) The department of agriculture shall, by rule, establish a process to verify that a
245 taxpayer is a beginning farmer for purposes of this section and shall provide verification to
246 the beginning farmer and farm seller of such farmer's and seller's certification and
247 qualification for the exemption provided in this subsection.
            143.341. 1. The Missouri taxable income of a resident estate or trust means its
  2 federal taxable income subject to the modifications in this section.
SS SCS HB 754                                        13

 3           2. There shall be subtracted the amount if any that the federal personal exemption
 4   deduction allowable to the estate or trust exceeds its federal taxable income without its
 5   personal exemption deduction.
 6           3. For all tax years beginning on or after January 1, 2026, there shall be
 7   subtracted that amount included in Missouri taxable income of the estate or trust that
 8   would not be included as Missouri taxable income if said estate or trust were considered
 9   a nonresident estate or trust as defined in section 143.371. This subtraction shall only
10   apply to the extent it is not a determinant of the federal distributable net income of the
11   estate or trust.
12           [3.] 4. There shall be added or subtracted, as the case may be, the modifications
13   described in sections 143.121 and 143.141, and there shall be subtracted the federal income
14   tax deduction provided in section 143.171. These additions and subtractions shall only apply
15   to the extent that they are not determinants of the federal distributable net income of the estate
16   or trust.
17           [4.] 5. There shall be added or subtracted, as the case may be, the share of the estate
18   or trust in the fiduciary adjustment determined under section 143.351.
             361.909. Sections 361.900 to 361.1035 shall not apply to:
 2           (1) An operator of a payment system to the extent that it provides processing,
 3   clearing, or settlement services between or among persons exempted under this section or
 4   licensees in connection with wire transfers, credit card transactions, debit card transactions,
 5   stored value transactions, automated clearinghouse transfers, or similar funds transfers;
 6           (2) A person appointed as an agent of a payee to collect and process a payment from a
 7   payer to the payee for goods or services, other than money transmission itself, provided to the
 8   payer by the payee, provided that:
 9           (a) There exists a written agreement between the payee and the agent directing the
10   agent to collect and process payments from a payer on the payee's behalf;
11           (b) The payee holds the agent out to the public as accepting payments for goods or
12   services on the payee's behalf; and
13           (c) Payment for the goods and services is treated as received by the payee upon
14   receipt by the agent so that the payer's obligation is extinguished and there is no risk of loss to
15   the payer if the agent fails to remit the funds to the payee;
16           (3) A person that acts as an intermediary by processing payments between an entity
17   that has directly incurred an outstanding money transmission obligation to a sender and the
18   sender's designated recipient, provided that the entity:
19           (a) Is properly licensed or exempt from licensing requirements under sections
20   361.900 to 361.1035;
SS SCS HB 754                                      14

21           (b) Provides a receipt, electronic record, or other written confirmation to the sender
22   identifying the entity as the provider of money transmission in the transaction; and
23           (c) Bears sole responsibility to satisfy the outstanding money transmission obligation
24   to the sender, including the obligation to make the sender whole in connection with any
25   failure to transmit the funds to the sender's designated recipient;
26           (4) The United States or a department, agency, or instrumentality thereof, or its agent;
27           (5) Money transmission by the United States Postal Service or by an agent of the
28   United States Postal Service;
29           (6) A state, county, city, or any other governmental agency or governmental
30   subdivision or instrumentality of a state, or its agent;
31           (7) A federally insured depository financial institution; bank holding company; office
32   of an international banking corporation; foreign bank that establishes a federal branch under
33   the International Bank Act, 12 U.S.C. Section 3102, as amended or recodified from time to
34   time; corporation organized under the Bank Service Corporation Act, 12 U.S.C. Sections
35   1861-1867, as amended or recodified from time to time; or corporation organized under the
36   Edge Act, 12 U.S.C. Sections 611-633, as amended or recodified from time to time, under the
37   laws of a state or the United States;
38           (8) Electronic funds transfer of governmental benefits for a federal, state, county, or
39   governmental agency by a contractor on behalf of the United States or a department, agency,
40   or instrumentality thereof, or on behalf of a state or governmental subdivision, agency, or
41   instrumentality thereof;
42           (9) A board of trade designated as a contract market under the federal Commodity
43   Exchange Act, 7 U.S.C. Sections 1-25, as amended or recodified from time to time, or a
44   person that, in the ordinary course of business, provides clearance and settlement services for
45   a board of trade to the extent of its operation as or for such a board;
46           (10) A registered futures commission merchant under the federal commodities laws
47   to the extent of its operation as such a merchant;
48           (11) A person registered as a securities broker-dealer under federal or state securities
49   laws to the extent of its operation as such a broker-dealer;
50           (12) An individual employed by a licensee, authorized delegate, or any person
51   exempted from the licensing requirements under sections 361.900 to 361.1035 if acting
52   within the scope of employment and under the supervision of the licensee, authorized
53   delegate, or exempted person as an employee and not as an independent contractor;
54           (13) A person expressly appointed as a third-party service provider to or agent of an
55   entity exempt under subdivision (7) of this section solely to the extent that:
SS SCS HB 754                                      15

56           (a) Such service provider or agent is engaging in money transmission on behalf of and
57   under a written agreement with the exempt entity that sets forth the specific functions that the
58   service provider or agent is to perform; and
59           (b) The exempt entity assumes all risk of loss and all legal responsibility for
60   satisfying the outstanding money transmission obligations owed to purchasers and holders of
61   the outstanding money transmission obligations upon receipt of the purchaser's or holder's
62   money or monetary value by the service provider or agent;
63           (14) A person appointed as an agent of a payor for purposes of providing payroll
64   processing services for which the agent would otherwise need to be licensed, provided all
65   of the following apply:
66           (a) There is a written agreement between the payor and the agent that directs
67   the agent to provide payroll processing services on the payor's behalf;
68           (b) The payor holds the agent out to employees and other payees as providing
69   payroll processing services on the payor's behalf;
70           (c) The payor's obligation to a payee, including an employee or any other party
71   entitled to receive funds via the payroll processing services provided by the agent, shall
72   not be extinguished if the agent fails to remit the funds to the payee.
             361.1100. 1. This section shall be known and may be cited as the "Virtual
 2   Currency Kiosk Consumer Protection Act".
 3           2. For purposes of this section, the following terms and phrases mean:
 4           (1) "Bank Secrecy Act", the federal Bank Secrecy Act, 31 U.S.C. Section 5311, et
 5   seq., and its implementing rules and regulations, as amended and recodified from time
 6   to time;
 7           (2) "Blockchain", a distributed digital ledger or database that is chronological,
 8   consensus-based, decentralized, and mathematically verified in nature;
 9           (3) "Blockchain analytics", a software service that uses data from various
10   virtual currencies and their applicable blockchains to provide a risk rating specific to
11   digital wallet addresses from users of virtual currency kiosks;
12           (4) "Digital wallet", hardware or software that enables individuals to store and
13   use virtual currency;
14           (5) "Digital wallet address", an alphanumeric identifier representing a
15   destination on a blockchain for a virtual currency transfer that is associated with a
16   digital wallet;
17           (6) "Director", the director of the division;
18           (7) "Division", the division of finance within the department of commerce and
19   insurance;
SS SCS HB 754                                    16

20           (8) "Federal Deposit Insurance Corporation or Securities Investor Protection
21   Corporation", a bank, credit union, savings and loan association, trust company,
22   savings association, savings bank, industrial bank, or industrial loan company
23   organized under the laws of the United States or any state of the United States, if the
24   bank, credit union, savings and loan association, trust company, savings association,
25   savings bank, industrial bank, or industrial loan company has federally insured
26   deposits;
27           (9) "Fiat currency", a medium of exchange that is authorized or adopted by the
28   United States government as part of its currency and is not backed by a commodity;
29           (10) "Individual", a natural person;
30           (11) "NMLS", the Nationwide Multistate Licensing System and Registry
31   developed by the Conference of State Bank Supervisors and the American Association
32   of Residential Mortgage Regulators and owned and operated by the State Regulatory
33   Registry, LLC, or any successor or affiliated entity, for the licensing and registration of
34   persons in financial services industries;
35           (12) "United States PATRIOT Act", the federal Uniting and Strengthening
36   America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
37   Act of 2001 and its implementing rules and regulations, as amended and recodified from
38   time to time;
39           (13) "Virtual currency",
40           (a) Any type of digital unit that is used as a medium of exchange or a form of
41   digitally stored value or that is incorporated into payment system technology. Virtual
42   currency shall be construed to include digital units of exchange that:
43           a. Have a centralized repository or administrator;
44           b. Are decentralized and have no centralized repository or administrator; or
45           c. May be created or obtained by computing or manufacturing effort;
46           (b) Virtual currency shall not be construed to include digital units that are used:
47           a. Solely within online gaming platforms with no market or application outside
48   such gaming platforms; or
49           b. Exclusively as part of a consumer affinity or rewards program, and can be
50   applied solely as payment for purchases with the issuer or other designated merchants,
51   but cannot be converted into or redeemed for fiat currency;
52           (14) "Virtual currency kiosk", an electronic terminal of the virtual currency
53   kiosk operator that enables the owner or operator to facilitate the exchange of fiat
54   currency for virtual currency or virtual currency for fiat currency or other virtual
55   currency, including, but not limited to:
SS SCS HB 754                                    17

56          (a) Connecting directly to a separate virtual currency exchange that performs
57   the actual virtual currency transmission; or
58          (b) Drawing upon the virtual currency in the possession of the owner or operator
59   of the electronic terminal;
60          (15) "Virtual currency kiosk operator", a corporation, limited liability company,
61   limited liability partnership, or foreign entity qualified to do business in this state that
62   operates a virtual currency kiosk within this state.
63          3. (1) Except as otherwise provided in this section, all information or reports
64   obtained by the division from a virtual currency kiosk operator, and all information
65   contained in or related to an examination, investigation, operating report, or condition
66   report prepared by, on behalf of, or for the use of the division in relation to a virtual
67   currency kiosk operator, are confidential and are not subject to disclosure under
68   chapter 610.
69          (2) Information contained in the records of the division that is not confidential
70   and may be available to the public either on the division's website, upon receipt by the
71   division of a written request, or in NMLS shall include:
72          (a) The name, business address, telephone number, and unique identifier of a
73   virtual currency kiosk operator;
74          (b) The business address of a virtual currency kiosk operator's registered agent
75   for service; and
76          (c) Copies of any final orders of the division relating to any violation of this
77   section or regulations implementing this section.
78          4. If any provision of this section is inconsistent with any federal law, including
79   but not limited to the Bank Secrecy Act or the United States PATRIOT Act, the
80   applicable federal law shall govern to the extent of any inconsistency.
81          5. (1) The director may request evidence of compliance with this section or a
82   rule adopted or order issued pursuant to this section as reasonably necessary or
83   appropriate to administer and enforce this section, and other applicable law, including
84   the Bank Secrecy Act and the United States PATRIOT Act.
85          (2) A virtual currency kiosk operator shall provide the director all records the
86   director may reasonably require to ensure compliance with this section.
87          6. As part of establishing a relationship with a customer, and prior to entering
88   into an initial transaction for, on behalf of, or with such customer, each virtual currency
89   kiosk operator shall disclose in clear, conspicuous, and legible writing in the English
90   language, whether in accessible terms of service or elsewhere, all material risks
91   associated with its products, services, and activities and virtual currency generally,
92   including disclosures substantially similar to the following:
 SS SCS HB 754                                     18

 93            (1) Virtual currency is not legal tender, is not backed by the government, and
 94   accounts and value balances are not subject to Federal Deposit Insurance Corporation
 95   or Securities Investor Protection Corporation protections;
 96            (2) Legislative and regulatory changes or actions at the state, federal, or
 97   international level may adversely affect the use, transfer, exchange, and value of virtual
 98   currency;
 99            (3) Transactions in virtual currency may be irreversible, and, accordingly, losses
100   due to fraudulent or accidental transactions may not be recoverable;
101            (4) Some virtual currency transactions shall be deemed to be made when
102   recorded on a public ledger, which is not necessarily the date or time that the customer
103   initiates the transaction;
104            (5) The value of virtual currency may be derived from the continued willingness
105   of market participants to exchange fiat currency for virtual currency, which may result
106   in the potential for permanent and total loss of value of a particular virtual currency
107   should the market for that virtual currency disappear;
108            (6) There is no assurance that a person who accepts a virtual currency as
109   payment today will continue to do so in the future;
110            (7) The volatility and unpredictability of the price of virtual currency relative to
111   fiat currency may result in significant loss over a short period of time;
112            (8) The nature of virtual currency may lead to an increased risk of fraud or
113   cyber attack;
114            (9) The nature of virtual currency means that any technological difficulties
115   experienced by the virtual currency kiosk operator may prevent the access or use of a
116   customer's virtual currency; and
117            (10) Any bond or trust account maintained by the virtual currency kiosk
118   operator for the benefit of its customers may not be sufficient to cover all losses incurred
119   by customers.
120            7. When opening an account for a new customer, and prior to entering into an
121   initial transaction for, on behalf of, or with such customer, each virtual currency kiosk
122   operator shall disclose in clear, conspicuous, and legible writing in the English language,
123   whether in accessible terms of service or elsewhere, all relevant terms and conditions
124   associated with its products, services, and activities and virtual currency generally,
125   including disclosures substantially similar to the following:
126            (1) The customer's liability for unauthorized virtual currency transactions;
127            (2) Under what circumstances the virtual currency kiosk operator will, absent a
128   court or government order, disclose information concerning the customer's account to
129   third parties;
 SS SCS HB 754                                    19

130           (3) The customer's right to receive periodic account statements and valuations
131   from the virtual currency kiosk operator;
132           (4) The customer's right to receive a receipt, trade ticket, or other evidence of a
133   transaction;
134           (5) The customer's right to prior notice of a change in the virtual currency kiosk
135   operator's rules or policies; and
136           (6) Such other disclosures as are customarily given in connection with the
137   opening of customer accounts.
138           8. Prior to entering into a virtual currency transaction with a customer, each
139   virtual currency kiosk operator shall ensure a warning is disclosed to a customer
140   substantially similar to the following:
141           Customer Notice. Please Read Carefully.
142           Did you receive a phone call from your bank, software provider, the
143           police, or were you directed to make a payment for Social Security,
144           utility bill, investment, warrants, or bail money at this kiosk? STOP
145           Is anyone on the phone pressuring you to make a payment of any
146           kind? STOP
147           I understand that the purchase and sale of cryptocurrency is a final
148           irreversible and non-refundable transaction.
149           I confirm I am sending funds to a wallet I own or directly have control
150           over. I confirm that I am using funds gained from my own initiative
151           to make my transaction.
152           9. Upon completion of any virtual currency kiosk transaction, each virtual
153   currency kiosk operator shall provide to a customer a digital or physical receipt
154   containing the following information:
155           (1) The name and contact information of the virtual currency kiosk operator,
156   including a telephone number established by the virtual currency kiosk operator to
157   answer questions and register complaints;
158           (2) The type, value, date, and precise time of the transaction in the local time
159   zone;
160           (3) The fee charged;
161           (4) The exchange rate, if applicable;
162           (5) A statement of the liability of the virtual currency kiosk operator for non-
163   delivery or delayed delivery; and
164           (6) A statement of the refund policy of the virtual currency kiosk operator.
165           10. All virtual currency kiosk operators shall use blockchain analytics software
166   to assist in the prevention of sending purchased virtual currency from a virtual currency
 SS SCS HB 754                                   20

167   kiosk operator to a digital wallet known to be affiliated with fraudulent activity at the
168   time of a transaction. The division may request evidence from any virtual currency
169   kiosk operator of current use of blockchain analytics.
170           11. All virtual currency kiosk operators performing business in this state shall
171   provide live customer service at a minimum on Monday through Friday between the
172   hours of 8:00 a.m. and 10:00 p.m. The customer service toll-free number shall be
173   displayed on the virtual currency kiosk or the virtual currency kiosk screens.
174           12. All virtual currency kiosk operators shall take reasonable steps to detect and
175   prevent fraud, including establishing and maintaining a written anti-fraud policy. The
176   anti-fraud policy shall, at a minimum, include:
177           (1) The identification and assessment of fraud-related risk areas;
178           (2) Procedures and controls to protect against identified risks;
179           (3) Allocation of responsibility for monitoring risks; and
180           (4) Procedures for the periodic evaluation and revision of the anti-fraud
181   procedures, controls, and monitoring mechanisms.
182           13. (1) Each virtual currency kiosk operator shall maintain, implement, and
183   enforce a written "Enhanced Due Diligence Policy". Such a policy shall be reviewed
184   and approved by the virtual currency kiosk operator's board of directors or an
185   equivalent governing body of the virtual currency kiosk operator.
186           (2) The "Enhanced Due Diligence Policy" shall identify, at minimum,
187   individuals who are at risk of fraud based on age or mental capacity.
188           14. (1) Each virtual currency kiosk operator shall comply with the provisions of
189   this section, any lawful order, rule, or regulation made or issued under the provisions of
190   this section, and all applicable federal and state laws, rules, and regulations.
191           (2) Each virtual currency kiosk shall maintain, implement, and enforce written
192   compliance policies and procedures. Such policies and procedures shall be reviewed and
193   approved by the virtual currency kiosk operator's board of directors or an equivalent
194   governing body of the virtual currency kiosk operator.
195           15. (1) Each virtual currency kiosk operator shall designate and employ a
196   compliance officer with the following requirements:
197           (a) The individual shall be qualified to coordinate and monitor compliance with
198   this section and all other applicable federal and state laws, rules, and regulations;
199           (b) The individual shall be employed full-time by the virtual currency kiosk
200   operator; and
201           (c) The designated compliance officer cannot be any individual who owns more
202   than twenty percent of the virtual currency kiosk operator by whom the individual is
203   employed.
 SS SCS HB 754                                    21

204           (2) Compliance responsibilities required under federal and state laws, rules, and
205   regulations shall be completed by full-time employees of the virtual currency kiosk
206   operator.
207           16. Each virtual currency kiosk operator shall designate and employ a consumer
208   protection officer with each of the following requirements:
209           (1) The individual shall be qualified to coordinate and monitor compliance with
210   this section and all other applicable federal and state laws, rules, and regulations;
211           (2) The individual shall be employed full-time by the virtual currency kiosk
212   operators; and
213           (3) The designated consumer protection officer cannot be an individual who
214   owns more than twenty percent of the virtual currency kiosk operator by whom the
215   individual is employed.
216           17. (1) Each virtual currency kiosk operator shall submit a report to the division
217   of the location of each virtual currency kiosk located within this state within forty-five
218   days of the end of the calendar quarter. The director shall formulate a system for
219   virtual currency kiosk operators to submit such locations that is consistent with the
220   requirements of this section.
221           (2) The location report shall include, at a minimum, the following information
222   regarding the location where a virtual currency kiosk is located:
223           (a) Company legal name;
224           (b) Any fictitious or trade name;
225           (c) Physical address;
226           (d) Start date of operation of virtual currency kiosk at location; and
227           (e) End date of operation of virtual currency kiosk at location, if applicable.
228           18. (1) Any virtual currency kiosk operator who owns, operates, solicits,
229   markets, advertises, or facilitates virtual currency kiosks in this state shall be deemed to
230   be engaged in money transmission and require licensure pursuant to sections 361.900 to
231   361.1035.
232           (2) All unlicensed virtual currency kiosk operators shall apply for a money
233   transmitter license within sixty days after this section goes into effect. Virtual currency
234   kiosk operators who apply within this time will be allowed to continue operations while
235   the division reviews the application. Any virtual currency kiosk operators whose
236   application is denied by the division shall cease operations until granted a money
237   transmitter license.
238           19. The division of finance may promulgate rules for the purpose of
239   implementing the provisions of this section. Any rule or portion of a rule, as that
240   term is defined in section 536.010, that is created under the authority delegated in this
 SS SCS HB 754                                      22

241   section shall become effective only if it complies with and is subject to all of the
242   provisions of chapter 536 and, if applicable, section 536.028. This section and chapter
243   536 are nonseverable and if any of the powers vested with the general assembly
244   pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul
245   a rule are subsequently held unconstitutional, then the grant of rulemaking authority
246   and any rule proposed or adopted after August 28, 2025, shall be invalid and void.
              362.020. 1. The articles of agreement mentioned in this chapter shall set out:
  2           (1) The corporate name of the proposed corporation. The corporate name shall not be
  3   a name, or an imitation of a name, used within the preceding fifty years as a corporate title of
  4   a bank or trust company incorporated in this state;
  5           (2) The name of the city or town and county in this state in which the corporation is to
  6   be located;
  7           (3) The amount of the capital stock of the corporation, the number of shares into
  8   which it is divided, and the par value thereof; that the same has been subscribed in good faith
  9   and all thereof actually paid up in lawful money of the United States and is in the custody of
 10   the persons named as the first board of directors or managers;
 11           (4) The names and places of residences of the several shareholders and number of
 12   shares subscribed by each;
 13           (5) The number and the names of the first directors;
 14           (6) The purposes for which the corporation is formed;
 15           (7) Any provisions relating to the preemptive rights of a shareholder as provided in
 16   section 351.305.
 17
 18 The articles of agreement may provide for the issuance of additional shares of capital
 19 stock or other classes of stock pursuant to the same procedures and conditions as
 20 provided under section 351.180, provided that such terms and procedures are
 21 acceptable to the director of finance and, provided that any notice or other approval
 22 required to be given or obtained from the state of Missouri shall be given or obtained
 23 from the director of the division of finance.
 24         2. The articles of agreement may designate the number of directors necessary to
 25 constitute a quorum, and may provide for the number of years the corporation is to continue,
 26 or may provide that the existence of the corporation shall continue until the corporation shall
 27 be dissolved by consent of the stockholders or by proceedings instituted by the state under
 28 any statute now in force or hereafter enacted.
            362.247. 1. A majority of the full board of directors shall constitute a quorum for the
  2 transaction of business unless another number is required by the articles of agreement, the
  3 bylaws or by law. The act of a majority of the directors present at a meeting at which a
SS SCS HB 754                                      23

 4   quorum is present shall be the act of the board of directors unless the act of a greater number
 5   is required by the articles of agreement, the bylaws or by law.
 6           2. Unless otherwise prohibited by statute or [regulation,] an order or memorandum
 7   of understanding entered into with the director of finance related to bank safety and
 8   soundness, directors may attend board meetings by telephonic conference call or video
 9   conferencing, and the bank or trust company may include in a quorum directors who are not
10   physically present but are allowed to vote[, provided the bank or trust company has a
11   composite rating of 1 or 2 under the Uniform Financial Institutions Rating System of the
12   Federal Financial Institution Examination Counsel (FFIEC)].
13           3. Any director remotely attending a board meeting via telephone or video
14   conferencing may be counted toward a quorum for such meeting and, if the director is not
15   otherwise prohibited, may vote on matters before the bank or trust company's board so long as
16   the meeting minutes identify the director appearing remotely and reflect that the remote
17   director:
18           (1) Received formal notice of the board meeting for which he or she is attending or
19   waived such notice as otherwise provided by law;
20           (2) Received the board meeting information required for each board of director's
21   meeting as provided by section 362.275;
22           (3) Was alone when participating in such board meeting or was in the physical
23   presence of no one not a director of such bank or trust company; and
24           (4) Was able to clearly hear such board meeting discussion from its beginning to end.
25           4. The director of the division of finance may promulgate additional regulations,
26   reasonable in scope, to provide for the integrity of the board of directors' operations when
27   directors attend board meetings remotely, the safety and soundness of the bank or trust
28   company's operation, and the bank or trust company's interest in minimizing the cost of
29   compliance with such regulation.
             362.275. 1. The board of directors of every bank and trust company organized or
 2   doing business pursuant to this chapter shall hold a regular meeting at least once each month,
 3   or, upon application to and acceptance by the director of finance, at such other times, not less
 4   frequently than once each calendar quarter as the director of finance shall approve, which
 5   approval may be rescinded at any time. There shall be submitted to the meeting a list giving
 6   the aggregate of loans, discounts, acceptances and advances, including overdrafts, to each
 7   individual, partnership, corporation or person whose liability to the bank or trust company has
 8   been created, extended, renewed or increased since the cut-off date prior to the regular
 9   meeting by more than an amount to be determined by the board of directors, which minimum
10   amount shall not exceed five percent of the bank's legal loan limit, except the minimum
11   amount shall in no case be less than ten thousand dollars; a second list of the aggregate
SS SCS HB 754                                     24

12 indebtedness of each borrower whose aggregate indebtedness exceeds five times such
13 minimum amount, except the aggregate indebtedness shall in no case be less than fifty
14 thousand dollars; and a third list showing all paper past due thirty days or more or
15 alternatively, the third list shall report the total past-due ratio for loans thirty days or more
16 past due, nonaccrual loans divided by total loans, and a listing of past-due loans in excess of
17 the minimum amount to be determined by the board of directors, which minimum amount
18 shall not exceed five percent of the bank's legal loan limit, except the minimum amount shall
19 in no case be less than ten thousand dollars[; and a fourth list showing the aggregate of the
20 then-existing indebtedness and liability to the bank or trust company of each of the directors,
21 officers, and employees thereof]. The information called for in the second[,] and third[, and
22 fourth] lists shall be submitted as of the date of the regular meeting or as of a reasonable date
23 prior thereto. No bills payable shall be made, and no bills shall be rediscounted by the bank
24 or trust company except with the consent or ratification of the board of directors; provided,
25 however, that if the bank or trust company is a member of the federal reserve system,
26 rediscounts may be made to it by the officers in accordance with its rules, a list of all
27 rediscounts to be submitted to the next regular meeting of the board. The director of finance
28 may require, by order, that the board of directors of a bank or trust company approve or
29 disapprove every purchase or sale of securities and every discount, loan, acceptance, renewal
30 or other advance including every overdraft over an amount to be specified in the director's
31 order and may also require that the board of directors review, at each monthly meeting, a list
32 of the aggregate indebtedness of each borrower whose aggregate indebtedness exceeds an
33 amount to be specified in the director's order. The minutes of the meeting shall indicate the
34 compliance with the requirements of this section. Furthermore, the debtor's identity on the
35 information required in this subsection may be masked by code to conceal the actual debtor's
36 identity only for information mailed to or otherwise provided directors who are not physically
37 present at the board meeting. The code used shall be revealed to all directors at the beginning
38 of each board meeting for which this procedure is used.
39         2. For any issue in need of immediate action, the board of directors or the executive
40 committee of the board as defined in section 362.253 may enter into a unanimous consent
41 agreement as permitted by subsection 2 of section 351.340. Such consent may be
42 communicated by facsimile transmission or by other authenticated record, separately by
43 each director, provided each consent is signed by the director and the bank has no indication
44 such signature is not the director's valid consent. When the bank or trust company has
45 received unanimous consent from the board or executive committee, the action voted on shall
46 be considered approved.
           362.295. 1. Within ten days after service upon it of the notice provided for by section
 2 361.130, every bank and trust company shall make a written report to the director, which
SS SCS HB 754                                        25

 3   report shall be in the form and shall contain the matters prescribed by the director and shall
 4   specifically state the items of capital, deposits, specie and cash items, public securities and
 5   private securities, real estate and real estate securities, and such other items as may be
 6   necessary to inform the public as to the financial condition and solvency of the bank or trust
 7   company, or which the director may deem proper to include therein. In lieu of requiring
 8   direct filing of reports of condition, the director may accept reports of condition or their
 9   equivalent as filed with federal regulatory agencies and may require verification and the filing
10   of supplemental information as the director deems necessary.
11           2. Every report shall be verified by the oaths of the president or vice president and
12   cashier or secretary or assistant cashier or assistant secretary, and the verification shall state
13   that the report is true and correct in all respects to the best of the knowledge and belief of the
14   persons verifying it, and the report shall be attested by three directors, and shall be a report of
15   the actual condition of the bank or trust company at the close of business on the day
16   designated and which day shall be prior to the call. If the director of finance obtains the data
17   pursuant to subsection 3 of section 361.130, the director may rely on the verification provided
18   to the federal regulatory agency.
19           3. [Every report, exclusive of the verification, shall, within thirty days after it shall
20   have been filed with the director, be published by the bank or trust company in one newspaper
21   of the place where its place of business is located, or if no newspaper is published there, in a
22   newspaper of general circulation in the town and community in which the bank or trust
23   company is located; the newspaper to be designated by the board of directors and a copy of
24   the publication, with the affidavit of the publisher thereto, shall be attached to the report;
25   provided, if the bank or trust company is located in a town or city having a population
26   exceeding ten thousand inhabitants, then the publication must be in a daily newspaper, if
27   published in that city; but if the bank or trust company is located in a town or city having a
28   population of ten thousand inhabitants or less, then the publication may be in either a daily or
29   weekly newspaper published in the town or city as aforesaid; and in all cases a copy of the
30   statement shall be posted in the banking house accessible to all.
31           4.] The bank and trust company shall also make such other special reports to the
32   director as he may from time to time require, in such form and at such date as may be
33   prescribed by him, and the report shall, if required by him, be verified in such manner as he
34   may prescribe.
35           [5.] 4. If the bank or trust company shall fail to make any report required by this
36   section on or before the day designated for the making thereof, or shall fail to include therein
37   any matter required by the director, the bank or trust company shall forfeit to the state the sum
38   of one hundred dollars for every day that the report shall be delayed or withheld, and for
39   every day that it shall fail to report any omitted matter, unless the time therefor shall have
SS SCS HB 754                                     26

40   been extended by the director. Should any president, cashier or secretary of the bank or trust
41   company or any director thereof fail to make the statement so required of him or them, or
42   willfully and corruptly make a false statement, he or they, and each of them, shall be deemed
43   guilty of a misdemeanor, and, upon conviction thereof, upon information, punished by a fine
44   for each offense not exceeding five hundred dollars and not less than one hundred dollars, or
45   by imprisonment not less than one or more than twelve months in the city or county jail, or by
46   both such fine and imprisonment.
47           [6.] 5. A bank or trust company [may provide each written] shall provide a paper or
48   electronic copy of any regular periodic report required to be [published free of charge to
49   the public; and when each bank or trust company notifies their customers that such
50   information is available; and when one copy of such information is available] filed under
51   section 361.130 to each [person] customer that requests it[, the newspaper publication
52   provisions of this section shall not be enforced against such bank or trust company].
             362.424. 1. For purposes of this section, the following terms mean:
 2           (1) "Bank", includes any state or federally chartered bank, savings bank, or
 3   savings and loan association providing banking services to customers;
 4           (2) "Trusted contact", any adult person designated by a bank customer that a
 5   bank may contact in the event of an emergency or loss of contact with the customer, or
 6   suspected third-party fraud or financial exploitation targeting the customer.
 7           2. Notwithstanding any other provision of law to the contrary, any bank may
 8   report suspected fraudulent activity or financial exploitation targeting any of its
 9   customers to a federal, state, county, or municipal law enforcement agency or any
10   appropriate public protective agency and shall be immune from civil liability in doing
11   so.
12           3. Notwithstanding any other provision of law to the contrary, any bank, on a
13   voluntary basis, may offer a trusted contact program to customers who may designate
14   one or more trusted contacts for the bank to contact in the event a customer is not
15   responsive to bank communications, the bank is presented with an urgent matter or
16   emergency involving the customer and the bank is unable to locate the customer, or the
17   bank suspects fraudulent activity or financial exploitation targeting the customer or the
18   account has been deemed dormant and the bank is attempting to verify the status and
19   location of the customer. The bank may establish such procedures, requirements, and
20   forms as it deems appropriate and necessary should the bank decide to implement a
21   trusted contact program.
22           4. Notwithstanding any other provision of law to the contrary, any bank may
23   voluntarily offer customers an account with convenience and security features that set
SS SCS HB 754                                      27

24   transaction limits and permit limited access to view account activity for one or more
25   trusted contacts designated by the customer.
26           5. No bank shall be liable for the actions of a trusted contact.
27           6. No bank shall be liable for declining to interact with a trusted contact when
28   the bank, in good faith and exercising reasonable care, determines that a trusted contact
29   is not acting in the best interests of the customer.
30           7. A person designated by a customer as a trusted contact who acts in good faith
31   and exercises reasonable care shall be immune from liability.
32           8. A customer may withdraw any appointment of a person as a trusted contact at
33   any time and any trusted contact may withdraw from status as a trusted contact at any
34   time. The bank may require such documentation or verification as it deems necessary to
35   establish the withdrawal or termination of a trusted contact.
36           9. No bank shall be civilly liable for implementing or not implementing or for
37   actions or omissions related to providing or administering a trusted contact program.
             362.490. 1. Notwithstanding any provision of law of this state or of any political
 2   subdivision thereof requiring security for deposits in the form of collateral, surety bond or in
 3   any other form, security for such deposits shall not be required to the extent said deposits are
 4   insured under the provisions of an act of congress creating and establishing the Federal
 5   Deposit Insurance Corporation or similar agency created and established by the Congress of
 6   the United States.
 7           2. (1) As an alternative to the requirements for direct pledging of security for
 8   deposit of public funds in excess of the amount that is federally insured or guaranteed
 9   pursuant to sections 110.010, 110.020, and 110.060, a banking institution authorized as
10   legal depositary for public funds may secure the deposits of any governmental entity by
11   granting a security interest in a single pool of securities to secure the repayment of all
12   public funds deposited in the banking institution by such governmental entities and not
13   otherwise federally insured or secured pursuant to law.
14           (2) A banking institution may secure the deposit of public funds using the direct
15   method as provided in chapter 110, or the single bank pooled method provided in this
16   section, or may elect to offer government entities the choice of either method to secure
17   the deposit of public funds.
18           (3) Under the direct method a banking institution may secure the deposit of
19   public funds of each government entity separately by furnishing securities pursuant to
20   sections 110.010, 110.020, and 110.060.
21           (4) Under the single bank pooled method a banking institution may secure the
22   deposit of public funds of one or more government entities through a pool of eligible
23   securities held in custody and safekeeping with one or more other banking institutions
SS SCS HB 754                                    28

24   or safe depositaries, to be held subject to the order of the director of the division of
25   finance or the administrator appointed pursuant to subsection 3 of this section for the
26   benefit of the government entities having public funds deposited with such banking
27   institution as set forth in this section.
28           3. (1) The director of the division of finance shall have exclusive authority to
29   appoint a bank, trust company, or association for Missouri banks which is chartered or
30   incorporated in Missouri, to serve as the administrator with respect to a single bank
31   pooled method. The administrator shall act as an agent for banking institutions and as
32   the nominee of the government entities for purposes of administering the pool of
33   securities pledged to secure uninsured public fund deposits. The fees and expenses of
34   such administrator shall be paid by the banking institutions utilizing the single bank
35   pooled method. The single bank pooled method shall not be utilized by any banking
36   institution unless an administrator has been appointed by the director pursuant to this
37   section and is acting as the administrator. The director may require the administrator
38   to post a surety bond or security to the director in an amount up to one hundred
39   thousand dollars to assure the faithful performance of the duties of the administrator.
40           (2) At all times the aggregate market value of the pool of securities so deposited,
41   pledged, or in which a security interest is granted shall be at least equal to one hundred
42   two percent of the amount on deposit which is in excess of the amount so insured.
43           (3) Each banking institution shall carry on its accounting records at all times a
44   general ledger or other appropriate account of the total amount of all public funds to be
45   secured by the pool of securities as determined at the opening of business each day, and
46   the aggregate market value of the pool of securities pledged, or in which a security
47   interest is granted to secure such public funds.
48           (4) If a banking institution elects to secure the deposit of public funds through
49   the use of the single bank pooled method, such banking institution shall notify the
50   administrator in writing that it has elected to utilize the single bank pooled method and
51   the proposed effective date thereof and enter such agreement as the administrator may
52   require.
53           (5) A banking institution may not retain any deposit of public funds which is
54   required to be secured unless it has secured the deposits for the benefit of the
55   government entities having public funds with such banking institution pursuant to this
56   section.
57           (6) Only the securities and collateral described or listed pursuant to section
58   30.270 for the safekeeping and payment of deposits by the state treasurer may be
59   provided and accepted as security for the deposit of public funds and shall be eligible as
SS SCS HB 754                                    29

60   collateral. The administrator shall not accept any securities which are not described or
61   listed pursuant to section 30.270.
62           (7) The administrator may establish such procedures and reporting
63   requirements as necessary for depository banking institutions and their safekeeping
64   banks or depositaries to confirm the amount of insured public fund deposits, the pledge
65   of securities to the administrator to secure the deposit of public funds, as agent for each
66   participating banking institution, and to monitor the market value of pledged securities
67   as reported by the custody agents, and to add, substitute, or remove securities held in
68   the single bank pool as directed by the depository banking institution.
69           (8) In the event of the failure and insolvency of a banking institution using the
70   single bank pooled method, subject to any order of the director pursuant to powers
71   vested under chapter 361, the administrator shall direct the safekeeping banks or
72   depositaries to sell the pledged securities and direct proceeds to the payment of the
73   uninsured public fund deposits or to transfer the pledged securities to that banking
74   institution's primary supervisory agency or the duly appointed receiver for the banking
75   institution to be liquidated to pay out the uninsured public fund deposits.
             370.245. 1. For purposes of this section, the following terms mean:
 2           (1) "Credit union", any state or federally chartered credit union providing
 3   financial services to members;
 4           (2) "Trusted contact", any adult person designated by a credit union member
 5   that a credit union may contact in the event of an emergency or loss of contact with the
 6   member, or suspected third party fraud or financial exploitation targeting the member.
 7           2. Notwithstanding any other provision of law to the contrary, any credit union
 8   may report suspected fraudulent activity or financial exploitation targeting any of its
 9   members to a federal, state, county, or municipal law enforcement agency or any
10   appropriate public protective agency and shall be immune from civil liability in doing
11   so.
12           3. Notwithstanding any other provision of law to the contrary, any credit union,
13   on a voluntary basis, may offer a trusted contact program to members who may
14   designate one or more trusted contacts for the credit union to contact in the event a
15   member is not responsive to credit union communications, the credit union is presented
16   with an urgent matter or emergency involving the member and the credit union is
17   unable to locate the member, or the credit union suspects fraudulent activity or financial
18   exploitation targeting the member or the account has been deemed dormant and the
19   credit union is attempting to verify the status and location of the member. The credit
20   union may establish such procedures, requirements, and forms as it deems appropriate
21   and necessary should the credit union opt to implement a trusted contact program.
SS SCS HB 754                                      30

22            4. Notwithstanding any other provision of law to the contrary, any credit union
23   may voluntarily offer members an account with convenience and security features that
24   set transaction limits and permit limited access to view account activity for one or more
25   trusted contacts designated by the member.
26            5. No credit union shall be liable for the actions of a trusted contact.
27            6. No credit union shall be liable for declining to interact with a trusted contact
28   when the credit union, in good faith and exercising reasonable care, determines that a
29   trusted contact is not acting in the best interests of the member.
30            7. A person designated by a member as a trusted contact who acts in good faith
31   and exercises reasonable care shall be immune from liability.
32            8. A member may withdraw any appointment of a person as a trusted contact at
33   any time and any trusted contact may withdraw from status as a trusted contact at any
34   time. The credit union may require such documentation or verification as it deems
35   necessary to establish the withdrawal or termination of a trusted contact.
36            9. No credit union shall be civilly liable for implementing or not implementing or
37   for actions or omissions related to providing or administering a trusted contact
38   program.
              381.410. As used in this section and section 381.412, the following terms mean:
 2            (1) "Cashier's check", a check, however labeled, drawn on the financial institution,
 3   which is signed only by an officer or employee of such institution, is a direct obligation of
 4   such institution, and is provided to a customer of such institution or acquired from such
 5   institution for remittance purposes;
 6            (2) "Certified funds", United States currency, funds conveyed by a cashier's check,
 7   certified check, or teller's check, as defined in Federal Reserve Regulations CC, or funds
 8   conveyed by wire transfers[, including] unconditionally received by the settlement agent
 9   or the agent's depository, or funds conveyed by a real-time payment system, including,
10   but not limited to, RTP and Fed Now, for which a settlement agent receives written
11   advice from a financial institution that collected funds have been credited to the settlement
12   agent's account;
13            (3) "Director", the director of the department of commerce and insurance, unless the
14   settlement agent's primary regulator is another department. When the settlement agent is
15   regulated by such department, that department shall have jurisdiction over this section and
16   section 381.412;
17            (4) "Financial institution":
18            (a) A person or entity doing business under the laws of this state or the United States
19   relating to banks, trust companies, savings and loan associations, credit unions, commercial
20   and consumer finance companies, industrial loan companies, insurance companies, small
SS SCS HB 754                                      31

21   business investment corporations licensed under the Small Business Investment Act of 1958,
22   15 U.S.C. Section 661, et seq., as amended, or real estate investment trusts as defined in 26
23   U.S.C. Section 856, as amended, or institutions constituting the Farm Credit System under the
24   Farm Credit Act of 1971, 12 U.S.C. Section 2000, et seq., as amended; or
25           (b) A mortgage loan company or mortgage banker doing business under the laws of
26   this state or the United States which is subject to licensing, supervision, or auditing by the
27   Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or
28   the United States Veterans' Administration, or the Government National Mortgage
29   Association, or the United States Department of Housing and Urban Development, or a
30   successor of any of the foregoing agencies or entities, as an approved seller or servicer, if
31   their principal place of business is in Missouri or a state which is contiguous to Missouri;
32           (5) "Settlement agent", a person, corporation, partnership, or other business
33   organization which accepts funds and documents as fiduciary for the buyer, seller or lender
34   for the purposes of closing a sale of an interest in real estate located within the state of
35   Missouri, and is not a financial institution, or a member in good standing of the Missouri Bar,
36   or a person licensed under chapter 339.
             408.010. [The silver coins of the United States are hereby declared a] 1. This
 2   section shall be known and may be cited as the "Constitutional Money Act".
 3           2. Electronic specie currency shall be accepted as legal tender[, at their par value,
 4   fixed by the laws of the United States, and shall be receivable in] for payment of all public
 5   debts[, public or private,] hereafter contracted in the state of Missouri and specie legal
 6   tender and electronic specie currency may be accepted as payment for all private debts
 7   hereafter contracted in the state of Missouri, in the discretion of the receiving entity;
 8   provided, however, that no person shall have the right to pay, upon any one debt, dimes and
 9   half dimes to an amount exceeding ten dollars, or of twenty and twenty-five cent pieces
10   exceeding twenty dollars. Upon receiving a request for payment to a public entity using
11   electronic specie, the custody agent, or other entity responsible for transmitting the
12   payment to the public entity shall transmit the funds in United States dollars.
13           3. The director of the department of revenue shall promulgate rules on the
14   methods of acceptance of electronic specie currency as payment for any debt, tax, fee, or
15   obligation owed. Any rule or portion of a rule, as that term is defined in section 536.010,
16   that is created under the authority delegated in this subsection shall become effective
17   only if it complies with and is subject to all of the provisions of chapter 536 and, if
18   applicable, section 536.028. This subsection and chapter 536 are nonseverable and if
19   any of the powers vested with the general assembly pursuant to chapter 536 to review, to
20   delay the effective date, or to disapprove and annul a rule are subsequently held
SS SCS HB 754                                    32

21   unconstitutional, then the grant of rulemaking authority and any rule proposed or
22   adopted after August 28, 2025, shall be invalid and void.
23           4. Except as expressly provided by contract, no person or entity shall be required
24   to use specie legal tender or electronic specie currency in the payment of any debt and
25   nothing in this section shall prohibit the use of federal reserve notes in the payment of
26   any debt.
27           5. Any entity doing business in this state may, if requested by an employee, pay
28   compensation to such employee, in full or in part, in the dollar equivalent specie legal
29   tender either in physical or in electronic transfer form. Any entity choosing to
30   compensate its employees in specie legal tender shall be responsible for verifying the
31   weight and purity of any physical specie legal tender before compensating employees.
32           6. Under no circumstance shall the state of Missouri or any department, agency,
33   political subdivision, or instrumentality thereof:
34           (1) Seize from any person any specie legal tender or electronic specie currency
35   that is owned by such person, except as otherwise provided in section 513.607. Any
36   person whose specie legal tender or electronic specie currency is seized in violation of
37   this subdivision shall have a cause of action in a court of competent jurisdiction, with
38   any successful such action resulting in the award of attorney's fees;
39           (2) Enforce or attempt to enforce any federal acts, laws, executive orders,
40   administrative orders, rules, regulations, statutes, or ordinances infringing on the right
41   of a person to keep and use specie legal tender and electronic specie currency as
42   provided in this section;
43           (3) Restrict in any way the ability of a person or financial institution to acquire
44   specie legal tender or electronic specie currency or use specie legal tender or electronic
45   specie currency in transactions; or
46           (4) Enact any law discriminating or favoring one means of legal tender in the
47   course of a transaction over another means of legal tender.
48           7. For purposes of this section, the following terms mean:
49           (1) "Bullion", refined precious metal, limited to gold and silver only, in any
50   shape or form, with uniform content and purity, including, but not limited to, coins,
51   rounds, bars, ingots, and any other products, that are:
52           (a) Stamped or imprinted with the weight and purity of the precious metal that it
53   contains; and
54           (b) Valued primarily based on its metal content and not on its form and
55   function;
56           (2) "Electronic specie currency", a representation of actual gold and silver,
57   specie, and bullion held in an account, which may be transferred by electronic
SS SCS HB 754                                     33

58   instruction. Such representation shall reflect the exact unit of physical specie or gold
59   and silver bullion in the account in its fractional troy ounce measurement as provided in
60   this section;
61           (3) "Legal tender", a recognized medium of exchange for the payment of debts,
62   public charges, taxes, or dues that is:
63           (a) Authorized by the United States Congress pursuant to Article I, Section 8 of
64   the United States Constitution; or
65           (b) Authorized by Missouri law pursuant to Article I, Section 10 of the United
66   States Constitution;
67           (4) "Precious metal", gold or silver;
68           (5) "Specie", bullion fabricated into products of uniform shape, size, design,
69   content, weight, and purity that are suitable for or customarily used as currency, as a
70   medium of exchange, or as the medium for purchase, sale, storage, transfer, or delivery
71   of precious metals in retail or wholesale transactions;
72           (6) "Specie legal tender", includes any of the following:
73           (a) Specie coin issued by the federal government at any time; and
74           (b) Any other specie, provided such specie does not contain any insignia,
75   symbols, or other recognizable logos of the Nazi Party.
             427.300. 1. This section shall be known and may be cited as the "Commercial
 2   Financing Disclosure Law".
 3           2. For purposes of this section, the following terms mean:
 4           (1) "Account";
 5           (a) Includes:
 6           a. A right to payment of a monetary obligation, regardless of whether earned by
 7   performance, for one of the following:
 8           (i) Property that has been or is to be sold, leased, licensed, assigned, or otherwise
 9   disposed of;
10           (ii) Services rendered or to be rendered;
11           (iii) A policy of insurance issued or to be issued;
12           (iv) A secondary obligation incurred or to be incurred;
13           (v) Energy provided or to be provided;
14           (vi) The use or hire of a vessel under a charter or other contract;
15           (vii) Arising out of the use of a credit or charge card or information contained on or
16   for use with the card; or
17           (viii) As winnings in a lottery or other game of chance operated or sponsored by a
18   state, governmental unit of a state, or person licensed or authorized to operate the game by a
19   state or governmental unit of a state; and
SS SCS HB 754                                      34

20           b. Health-care-insurance receivables; and
21           (b) Does not include:
22           a. Rights to payment evidenced by chattel paper or an instrument;
23           b. Commercial tort claims;
24           c. Deposit accounts;
25           d. Investment property;
26           e. Letter-of-credit rights or letters of credit; or
27           f. Rights to payment for moneys or funds advanced or sold, other than rights arising
28   out of the use of a credit or charge card or information contained on or for use with the card;
29           (2) "Accounts receivable purchase transaction", any transaction in which the business
30   forwards or otherwise sells to the provider all or a portion of the business's accounts or
31   payment intangibles at a discount to their expected value. The provider's characterization of
32   an accounts receivable purchase transaction as a purchase is conclusive that the accounts
33   receivable purchase transaction is not a loan or a transaction for the use, forbearance, or
34   detention of money;
35           (3) "Broker", any person who, for compensation or the expectation of compensation,
36   obtains a commercial financing transaction or an offer for a commercial financing transaction
37   from a third party that would, if executed, be binding upon that third party and communicates
38   that offer to a business located in this state. The term broker excludes a provider, or any
39   individual or entity whose compensation is not based or dependent on the terms of the
40   specific commercial financing transaction obtained or offered;
41           (4) "Business", an individual or group of individuals, sole proprietorship, corporation,
42   limited liability company, trust, estate, cooperative, association, or limited or general
43   partnership engaged in a business activity;
44           (5) "Business purpose transaction", any transaction where the proceeds are provided
45   to a business or are intended to be used to carry on a business and not for personal, family, or
46   household purposes. For purposes of determining whether a transaction is a business purpose
47   transaction, the provider may rely on any written statement of intended purpose signed by the
48   business. The statement may be a separate statement or may be contained in an application,
49   agreement, or other document signed by the business or the business owner or owners;
50           (6) "Commercial financing facility", a provider's plan for purchasing multiple
51   accounts receivable from the recipient over a period of time pursuant to an agreement that sets
52   forth the terms and conditions governing the use of the facility;
53           (7) "Commercial financing transaction", any commercial loan, accounts receivable
54   purchase transaction, commercial open-end credit plan or each to the extent the transaction is
55   a business purpose transaction;
56           (8) "Commercial loan", a loan to a business, whether secured or unsecured;
SS SCS HB 754                                       35

57           (9) "Commercial open-end credit plan", commercial financing extended by any
58   provider under a plan in which:
59           (a) The provider reasonably contemplates repeat transactions; and
60           (b) The amount of financing that may be extended to the business during the term of
61   the plan, up to any limit set by the provider, is generally made available to the extent that any
62   outstanding balance is repaid;
63           (10) "Depository institution", any of the following:
64           (a) A bank, trust company, or industrial loan company doing business under the
65   authority of, or in accordance with, a license, certificate, or charter issued by the United
66   States, this state, or any other state, district, territory, or commonwealth of the United States
67   that is authorized to transact business in this state;
68           (b) A federally chartered savings and loan association, federal savings bank, or
69   federal credit union that is authorized to transact business in this state; or
70           (c) A savings and loan association, savings bank, or credit union organized under the
71   laws of this or any other state that is authorized to transact business in this state;
72           (11) "General intangible", any personal property, including things in action, other
73   than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods,
74   instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas,
75   or other minerals before extraction. General intangible also includes payment intangibles and
76   software;
77           (12) "Payment intangible", a general intangible under which the account debtor's
78   principal obligation is a monetary obligation;
79           (13) "Provider", a person who consummates more than five commercial financing
80   transactions to a business located in this state in any calendar year. Provider also includes a
81   person that enters into a written agreement with a depository institution to arrange for the
82   extension of a commercial financing transaction by the depository institution to a business via
83   an online lending platform administered by the person. The fact that a provider extends a
84   specific offer for a commercial financing transaction on behalf of a depository institution
85   shall not be construed to mean that the provider engaged in lending or financing or originated
86   that loan or financing.
87           3. (1) A provider that consummates a commercial financing transaction shall disclose
88   the terms of the commercial financing transaction as required by this section. The disclosures
89   shall be provided at or before consummation of the transaction. Only one disclosure is
90   required for each commercial financing transaction, and a disclosure is not required as a result
91   of the modification, forbearance, or change to a consummated commercial financing
92   transaction.
 SS SCS HB 754                                       36

 93            (2) A provider shall disclose the following in connection with each commercial
 94   financing transaction:
 95            (a) The total amount of funds provided to the business under the terms of the
 96   commercial financing transaction agreement. This disclosure shall be labeled "Total Amount
 97   of Funds Provided";
 98            (b) The total amount of funds disbursed to the business under the terms of the
 99   commercial financing transaction, if less than the total amount of funds provided, as a result
100   of any fees deducted or withheld at disbursement and any amount paid to a third party on
101   behalf of the business. This disclosure shall be labeled "Total Amount of Funds Disbursed";
102            (c) The total amount to be paid to the provider pursuant to the commercial financing
103   transaction agreement. This disclosure shall be labeled "Total of Payments";
104            (d) The total dollar cost of the commercial financing transaction under the terms of
105   the agreement, derived by subtracting the total amount of funds provided from the total of
106   payments. This calculation shall include any fees or charges deducted by the provider from
107   the "Total Amount of Funds Provided". This disclosure shall be labeled "Total Dollar Cost of
108   Financing";
109            (e) The manner, frequency, and amount of each payment. This disclosure shall be
110   labeled "Payments". If the payments may vary, the provider shall instead disclose the
111   manner, frequency, and the estimated amount of the initial payment labeled "Estimated
112   Payments" and the commercial financing transaction agreement shall include a description of
113   the methodology for calculating any variable payment and the circumstances when payments
114   may vary;
115            (f) A statement of whether there are any costs or discounts associated with
116   prepayment of the commercial financing product including a reference to the paragraph in the
117   agreement that creates the contractual rights of the parties related to prepayment. This
118   disclosure shall be labeled "Prepayment"; and
119            (3) A provider that consummates a commercial financing facility may provide
120   disclosures of this subsection which are based on an example of a transaction that could occur
121   under the agreement. The example shall be based on an accounts receivable total face amount
122   owed of ten thousand dollars. Only one disclosure is required for each commercial financing
123   facility, and a disclosure is not required as result of a modification, forbearance, or change to
124   the facility. A new disclosure is not required each time accounts receivable are purchased
125   under the facility.
126            4. The provisions of this section shall not apply to the following:
127            (1) A provider that is a depository institution or a subsidiary or affiliate;
128            (2) A provider that is a service corporation to a depository institution that is:
129            (a) Owned and controlled by a depository institution; and
 SS SCS HB 754                                      37

130           (b) Regulated by a federal banking agency;
131           (3) A provider that is a lender regulated under the federal Farm Credit Act, 12 U.S.C.
132   Section 2001, et seq.;
133           (4) A commercial financing transaction that is:
134           (a) Secured by real property;
135           (b) A lease; or
136           (c) A purchase money obligation that is incurred as all or part of the price of the
137   collateral or for value given to enable the business to acquire rights in or the use of the
138   collateral if the value is in fact so used;
139           (5) A commercial financing transaction in which the recipient is a motor vehicle
140   dealer or an affiliate of such a dealer, or a vehicle rental company, or an affiliate of such a
141   company, pursuant to a commercial loan or commercial open-end credit plan of at least fifty
142   thousand dollars or a commercial financing transaction offered by a person in connection with
143   the sale or lease of products or services that such person manufactures, licenses, or
144   distributes, or whose parent company or any of its directly or indirectly owned and controlled
145   subsidiaries manufactures, licenses, or distributes;
146           (6) A commercial financing transaction that is a factoring transaction, purchase, sale,
147   advance, or similar of accounts receivable owed to a health care provider because of a
148   patient's personal injury treated by the health care provider;
149           (7) A provider that is licensed as a money transmitter in accordance with a license,
150   certificate, or charter issued by this state or any other state, district, territory, or
151   commonwealth of the United States;
152           (8) A provider that consummates no more than five commercial financing
153   transactions in this state in a twelve-month period; [or]
154           (9) A commercial financing transaction of more than five hundred thousand dollars;
155   or
156           (10) A commercial financing product that is a premium finance agreement, as
157   defined in subdivision (3) of section 364.100, offered or entered into by a provider that is
158   a registered premium finance company.
159           5. (1) No person shall engage in business as a broker within this state for
160   compensation, unless prior to conducting such business, the person has filed a registration
161   with the division of finance within the department of commerce and insurance and has on file
162   a good and sufficient bond as specified in this subsection. The registration shall be effective
163   upon receipt by the division of finance of a completed registration form and the required
164   registration fee, and shall remain effective until the time of renewal.
 SS SCS HB 754                                        38

165            (2) After filing an initial registration form, a broker shall file, on or before January
166   thirty-first of each year, a renewal registration form along with the required renewal
167   registration fee.
168            (3) The broker shall pay a one-hundred-dollar registration fee upon the filing of an
169   initial registration and a fifty-dollar renewal registration fee upon the filing of a renewal
170   registration.
171            (4) The registration form required by this subsection shall include the following:
172            (a) The name of the broker;
173            (b) The name in which the broker is transacted if different from that stated in
174   paragraph (a) of this subdivision;
175            (c) The address of the broker's principal office, which may be outside this state;
176            (d) Whether any officer, director, manager, operator, or principal of the broker has
177   been convicted of a felony involving an act of fraud, dishonesty, breach of trust, or money
178   laundering; and
179            (e) The name and address in this state of a designated agent upon whom service of
180   process may be made.
181            (5) If information in a registration form changes or otherwise becomes inaccurate
182   after filing, the broker shall not be required to file a further registration form prior to the time
183   of renewal.
184            (6) Every broker shall obtain a surety bond issued by a surety company authorized to
185   do business in this state. The amount of the bond shall be ten thousand dollars. The bond
186   shall be in favor of the state of Missouri. Any person damaged by the broker's breach of
187   contract or of any obligation arising therefrom, or by any violation of this section, may bring
188   an action against the bond to recover damages suffered. The aggregate liability of the surety
189   shall be only for actual damages and in no event shall exceed the amount of the bond.
190            (7) Employees regularly employed by a broker who has complied with this subsection
191   shall not be required to file a registration or obtain a surety bond when acting within the scope
192   of their employment for the broker.
193            6. (1) Any person who violates any provision of this section shall be punished by a
194   fine of five hundred dollars per incident, not to exceed twenty thousand dollars, for all
195   aggregated violations arising from the use of the transaction documentation or materials
196   found to be in violation of this section. Any person who violates any provision of this section
197   after receiving written notice of a prior violation from the attorney general shall be punished
198   by a fine of one thousand dollars per incident, not to exceed fifty thousand dollars, for all
199   aggregated violations arising from the use of the transaction documentation or materials
200   found to be in violation of this section.
 SS SCS HB 754                                        39

201           (2) Violation of any provision of this section shall not affect the enforceability or
202   validity of the underlying agreement.
203           (3) This section shall not create a private right of action against any person or other
204   entity based upon compliance or noncompliance with its provisions.
205           (4) Authority to enforce compliance with this section is vested exclusively in the
206   attorney general of this state.
207           7. The requirements of subsections 3 and 5 of this section shall take effect upon
208   either:
209           (1) Six months after the division of finance finalizes promulgating rules, if the
210   division intends to promulgate rules; or
211           (2) February 28, 2025, if the division does not intend to promulgate rules.
212           8. The division of finance may promulgate rules implementing this section. If the
213   division of finance intends to promulgate rules, it shall declare its intent to do so no later than
214   February 28, 2025. Any rule or portion of a rule, as that term is defined in section 536.010,
215   that is created under the authority delegated in this section shall become effective only if it
216   complies with and is subject to all of the provisions of chapter 536 and, if applicable, section
217   536.028. This section and chapter 536 are nonseverable and if any of the powers vested with
218   the general assembly pursuant to chapter 536 to review, to delay the effective date, or to
219   disapprove and annul a rule are subsequently held unconstitutional, then the grant of
220   rulemaking authority and any rule proposed or adopted after August 28, 2024, shall be invalid
221   and void.
              456.1-108. 1. Without precluding other means for establishing a sufficient
  2   connection with the designated jurisdiction, terms of a trust designating the principal place of
  3   administration are valid and controlling if:
  4           (1) a trustee's principal place of business is located in or a trustee is a resident of the
  5   designated jurisdiction; or
  6           (2) all or part of the administration occurs in the designated jurisdiction.
  7           2. Without precluding the right of the court to order, approve, or disapprove a
  8   transfer, the trustee may transfer the trust's principal place of administration to another state or
  9   to a jurisdiction outside of the United States that is appropriate to the trust's purposes, its
 10   administration, and the interests of the beneficiaries.
 11           3. The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's
 12   principal place of administration not less than sixty days before initiating the transfer. The
 13   notice of proposed transfer must include:
 14           (1) the name of the jurisdiction to which the principal place of administration is to be
 15   transferred;
SS SCS HB 754                                       40

16           (2) the address and telephone number at the new location at which the trustee can be
17   contacted;
18           (3) an explanation of the reasons for the proposed transfer;
19           (4) a notice that states a change in the place of administration may result in a
20   change of the governing law, which may affect the rights of any beneficiaries in ways
21   that are different from the current governing law;
22           (5) the date on which the proposed transfer is anticipated to occur; and
23           [(5)] (6) the date, not less than sixty days after the giving of the notice, by which the
24   qualified beneficiary must notify the trustee of an objection to the proposed transfer.
25           4. The authority of a trustee under this section to transfer a trust's principal place of
26   administration without an order of a court terminates if a qualified beneficiary notifies the
27   trustee of an objection to the proposed transfer on or before the date specified in the notice.
28           5. In connection with a transfer of the trust's principal place of administration, the
29   trustee may transfer some or all of the trust property to a successor trustee designated in the
30   terms of the trust or appointed pursuant to section 456.7-704.
             456.10-1005. 1. A beneficiary [may] shall not commence a proceeding against a
 2   trustee for breach of trust more than one year after the last to occur of the date the beneficiary
 3   or a representative of the beneficiary was sent a report that adequately disclosed the existence
 4   of a potential claim for breach of trust and the date the trustee informed the beneficiary of the
 5   time allowed for commencing a proceeding with respect to any potential claim adequately
 6   disclosed on the report.
 7           2. A report adequately discloses the existence of a potential claim for breach of trust
 8   if it provides sufficient information so that the beneficiary or representative knows of the
 9   potential claim or should have inquired into its existence.
10           3. If subsection 1 of this section does not apply, a judicial proceeding by a beneficiary
11   against a trustee for breach of trust [must] shall be commenced within five years after the first
12   to occur of:
13           (1) the removal, resignation, or death of the trustee;
14           (2) the occurrence of the event causing a termination of the beneficiary's interest in
15   the trust; or
16           (3) the occurrence of the event causing a termination of the trust.
             474.540. The provisions of sections 474.540 to 474.564 shall be known and may
 2   be cited as the "Missouri Electronic Wills and Electronic Estate Planning Documents
 3   Act".
             474.542. As used in sections 474.540 to 474.564, the following terms mean:
 2           (1) "Electronic", technology having electrical, digital, magnetic, wireless,
 3   optical, electromagnetic, or similar capabilities;
SS SCS HB 754                                      41

 4           (2) "Electronic presence", the relationship of two or more individuals in
 5   different locations in real time using technology enabling live, interactive audio-visual
 6   communication that allows for observation, direct interaction, and communication
 7   between or among the individuals;
 8           (3) "Electronic will", a will executed electronically in compliance with
 9   subsection 1 of section 474.548;
10           (4) "Record", information that is inscribed on a tangible medium or that is
11   stored in an electronic or other medium and is retrievable in perceivable form;
12           (5) "Security procedure", a procedure to verify that an electronic signature,
13   record, or performance is that of a specific person or to detect a change or error in an
14   electronic record, including a procedure that uses an algorithm, code, identifying word
15   or number, encryption, or callback or other acknowledgment procedure;
16           (6) "Sign", with present intent to authenticate or adopt a record to:
17           (a) Execute or adopt a tangible symbol; or
18           (b) Affix to or logically associate with the record an electronic symbol or
19   process;
20           (7) "State", a state of the United States, the District of Columbia, Puerto Rico,
21   the United States Virgin Islands, a federally recognized Indian tribe, or any territory or
22   insular possession subject to the jurisdiction of the United States;
23           (8) "Will", a codicil and any testamentary instrument that appoints an executor,
24   revokes or revises another will, nominates a guardian, or expressly excludes or limits the
25   right of an individual or class to succeed to property of the decedent passing by intestate
26   succession.
             474.544. An electronic will shall be a will for all purposes of the laws of this state.
 2   The provisions of law applicable to wills and principles of equity shall apply to an
 3   electronic will, except as modified by sections 474.540 to 474.564.
             474.546. A will executed electronically, but not in compliance with subsection 1
 2   of section 474.548, shall be an electronic will under the provisions of sections 474.540 to
 3   474.564 if executed in compliance with the law of the jurisdiction where the testator is:
 4           (1) Physically located when the will is signed; or
 5           (2) Domiciled, or where the testator resides, when the will is signed or when the
 6   testator dies.
             474.548. 1. An electronic will shall be:
 2           (1) A record that is readable as text at the time of signing as provided in
 3   subdivision (2) of this subsection and remains accessible as text for later reference;
 4           (2) Signed by:
 5           (a) The testator; or
SS SCS HB 754                                      42

 6           (b) Another individual in the testator's name, in the testator's physical presence,
 7   and by the testator's direction; and
 8           (3) Signed in the physical or electronic presence of the testator by at least two
 9   individuals after witnessing:
10           (a) The signing of the will pursuant to subdivision (2) of this subsection; or
11           (b) The testator's acknowledgment of the signing of the will pursuant to
12   subdivision (2) of this subsection or acknowledgment of the will.
13           2. The intent of a testator that the record in subdivision (1) of subsection 1 of this
14   section be the testator's electronic will may be established by extrinsic evidence.
15           3. In accordance with the provisions of sections 474.337 or 474.550, a witness to a
16   will shall be a resident of a state and physically located in a state at the time of signing if
17   no self-proving affidavit is signed contemporaneously with the execution of the
18   electronic will.
             474.550. At the time of its execution or at any subsequent date, an electronic will
 2   may be made self-proved in the same manner as specified in section 474.337 or, if fewer
 3   than two witnesses are physically present in the same location as the testator at the time
 4   of such acknowledgments, before a remote online notary authorized to perform a
 5   remote online notarization in this state under the law of any state or the United States,
 6   and evidenced by a remote online notarial certificate, in form and content substantially
 7   as follows, subject to the additional requirements under section 486.1165:
 8       State of _____
 9       County (and/or City) of _____
10       I, the undersigned notary, certify that _____, the testator, and the witnesses,
11       whose names are signed to the attached or foregoing instrument, having
12       personally appeared before me by remote online means, and having been
13       first duly sworn, each then declared to me that the testator signed and
14       executed the instrument as the testator's last will, and that the testator had
15       willingly signed or willingly directed another to sign for the testator, and
16       that the testator executed it as the testator's free and voluntary act for the
17       purposes therein expressed; and that each of the witnesses, in the presence
18       and hearing of the testator, signed the will as witness and that to the best of
19       the witnesses' knowledge the testator was at that time eighteen or more
20       years of age, of sound mind, and under no constraint or undue influence.
21       In witness thereof I have hereunto subscribed my name and affixed my
22       official seal this _____ (date).
23       ____________________ (official signature and seal of notary)
             474.552. 1. An electronic will may revoke all or part of a previous will.
SS SCS HB 754                                     43

 2           2. All or part of an electronic will shall be revoked by:
 3           (1) A subsequent will that revokes all or part of the electronic will expressly or
 4   by inconsistency;
 5           (2) A written instrument signed by the testator declaring the revocation; or
 6           (3) A physical act, if it is established by a preponderance of the evidence that the
 7   testator, with the intent of revoking all or part of the will, performed the act or directed
 8   another individual who performed the act in the testator's physical presence.
 9           3. If there is evidence that a testator signed an electronic will and neither the
10   electronic will nor a certified paper copy of the electronic will can be located after a
11   testator's death, there shall be a presumption that the testator revoked the electronic
12   will, even if no instrument or later will revoking the electronic will can be located.
             474.554. Without further notice, at any time during the administration of the
 2   estate or, if there is no grant of administration, upon such notice and in such manner as
 3   the court directs, the court may issue an order pursuant to sections 472.400 to 472.490
 4   for a custodian of an account held under a terms-of-service agreement to disclose digital
 5   assets for the purposes of obtaining an electronic will from the account of a deceased
 6   user. If there is no grant of administration at the time the court issues the order, the
 7   court's order shall grant disclosure to the petitioner who is deemed a personal
 8   representative for sections 472.400 to 472.490.
             474.556. 1. An individual may create a certified paper copy of an electronic will
 2   by affirming under penalty of perjury that a paper copy of the electronic will is a
 3   complete, true, and accurate copy of the electronic will. If the electronic will is made
 4   self-proving, the certified paper copy of the will shall include a self-proving affidavit as
 5   provided in sections 474.337 or 474.550.
 6           2. If a provision of law or rule of procedure requires a will to be presented or
 7   retained in its original form or provides legal consequences for the information not
 8   being presented or retained in its original form, that provision or rule shall be satisfied
 9   by a certified paper copy of an electronic will.
             474.558. In applying and construing the provisions of sections 474.540 to
 2   474.564, consideration shall be given to the need to promote uniformity of the law with
 3   respect to its subject matter among states that enact similar provisions.
             474.560. 1. Any written estate planning document may be executed
 2   electronically, and no such estate planning document shall be invalid or void solely
 3   because it is in electronic form or because it is signed electronically by a settlor, trustee,
 4   principal, grantor, declarant, or owner, or by a witness to any such person's signature.
 5   For purposes of this section, "estate planning document" shall include, but not be
 6   limited to:
SS SCS HB 754                                   44

 7           (1) A power of attorney or durable power of attorney;
 8           (2) A health care declaration;
 9           (3) An advance directive;
10           (4) A power of attorney for health care or durable power of attorney for health
11   care;
12          (5) A revocable trust or amendment thereto, or modification or revocation
13   thereof;
14          (6) An irrevocable trust;
15          (7) A beneficiary deed;
16          (8) A nonprobate transfer; or
17          (9) A document modifying, amending, correcting, or revoking any written estate
18   planning document.
19          2. (1) An electronic estate planning document or an electronic signature on such
20   document shall be attributable to a person if it was the act of the person. The act of the
21   person may be shown in any manner, including a showing of the efficacy of a security
22   procedure applied to determine the person to which the electronic record or signature
23   was attributable.
24          (2) The effect of attribution of a document or signature to a person pursuant to
25   subdivision (1) of this subsection shall be determined from the context and surrounding
26   circumstances at the time of its creation, execution, or adoption and as provided by
27   other provisions of law.
28          3. (1) Unless otherwise provided under its terms, any electronic estate planning
29   document may be signed in one or more counterparts, and each separate counterpart
30   may be an electronic document or a paper document, provided that all signed
31   counterpart pages of each document are incorporated into, or attached to, the
32   document.
33          (2) An individual may create a certified paper copy of any such electronic estate
34   planning document by affirming under penalty of perjury that a paper copy of the
35   electronic estate planning document is a complete, true, and accurate copy of such
36   document. If a provision of law or rule of procedure requires an estate planning
37   document to be presented or retained in its original form or provides legal consequences
38   for the information not being presented or retained in its original form, such provision
39   or rule shall be satisfied by a certified paper copy of an electronic document.
40          4. Any written estate planning document, other than a will, that requires one or
41   more witnesses to the signature of a principal may be witnessed by any individual or
42   individuals in the electronic presence of the principal.
SS SCS HB 754                                    45

43           5. A person who acts in reliance upon an electronically executed written estate
44   planning document shall not be liable to any person for so relying and may assume
45   without inquiry the valid execution of the electronically executed written estate planning
46   document.
47           6. This section does not require a written estate planning document to be
48   electronically signed.
49           7. The laws of this state and principles of equity applicable to any estate
50   planning document shall apply to any electronic estate planning document except as
51   modified by this section.
             474.562. The provisions of sections 474.540 to 474.564 modify, limit, and
 2   supersede the federal Electronic Signatures in Global and National Commerce Act, 15
 3   U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that
 4   act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices
 5   described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
             474.564. The provisions of sections 474.540 to 474.564 shall apply to any will of a
 2   decedent who dies on or after August 28, 2025, and to each written estate planning
 3   document, as that term is defined in section 474.560, signed or remotely witnessed on or
 4   after August 28, 2025.
             474.600. 1. As used in this section, the following terms mean:
 2           (1) "Applicable state of emergency", the period between April 6, 2020, and
 3   December 31, 2021, during which a state of emergency existed due to a COVID-19
 4   public health threat, as proclaimed by the governor, and during which executive orders
 5   20-08, 20-10, 20-12, 20-14, 20-19, 21-07, and 21-09 temporarily suspended the physical
 6   appearance requirements in this chapter and authorized the use of audio-visual
 7   technology to the extent that any Missouri statute required the physical presence of any
 8   testator, settlor, principal, witness, notary, or other person necessary for the effective
 9   execution of any estate planning document such as a will, trust, or power of attorney, or
10   a self-proving affidavit of the execution of such document, if the conditions set forth in
11   the executive orders were met;
12           (2) "Estate planning document", includes, but is not limited to:
13           (a) A will;
14           (b) A codicil;
15           (c) A power of attorney or durable power of attorney;
16           (d) A health care declaration;
17           (e) An advance directive;
18           (f) A power of attorney for health care or a durable power of attorney for health
19   care;
SS SCS HB 754                                      46

20          (g) A revocable trust or amendment thereto, or modification or revocation
21   thereof;
22          (h) An irrevocable trust;
23          (i) A beneficiary deed;
24          (j) A nonprobate transfer; or
25          (k) A document modifying, amending, correcting, or revoking any written estate
26   planning document;
27          (3) "Necessary person", any testator, settlor, grantor, principal, declarant,
28   witness, notary, or other person required for the effective execution of any estate
29   planning document in this state;
30          (4) "Physical presence requirement", includes, but is not limited to, any
31   requirement of physical presence under section 404.705, 459.015, 474.320, or 474.337, or
32   chapter 486.
33          2. With respect to the execution of an estate planning document, a necessary
34   person shall be deemed to have satisfied any physical presence requirement under
35   Missouri law during the applicable state of emergency if the following requirements
36   were met:
37          (1) The signer affirmatively represented that the signer was physically situated
38   in the state of Missouri;
39          (2) The notary was physically located in the state of Missouri and stated in which
40   county the notary was physically located for the jurisdiction on the acknowledgment;
41          (3) The notary identified the signers to the satisfaction of the notary and
42   Missouri law;
43          (4) Any person whose signature was required appeared using video conference
44   software where live, interactive audio-visual communication between the principal,
45   notary, and other necessary person allowed for observation, direct interaction, and
46   communication at the time of signing; and
47          (5) The notary recorded in the notary's journal the exact time and means used to
48   perform the notarial act, along with all other required information, absent the wet
49   signatures.
50          3. The requirements of subdivisions (1) to (5) of subsection 2 of this section shall
51   be deemed satisfied if an attorney who is licensed or authorized to practice law in
52   Missouri and who was present at the remote execution signs a written acknowledgment
53   made before an officer authorized to administer oaths under the laws of this state, and
54   evidenced by the officer's certificate, under official seal, affixed to or logically associated
55   with the acknowledgment. The form and content of the acknowledgment shall be
56   substantially as follows:
SS SCS HB 754                                  47

57   State of ______
58   County of _____
59   AFFIDAVIT OF REMOTE EXECUTION OF DOCUMENTS
60   I, __________, am an attorney licensed or authorized to practice law in the
61   state of Missouri.
62   On _____ (date), I convened with the following individuals via video
63   conference software that allowed for live, interactive audio-visual
64   communication between the parties to the conference and that also allowed
65   for observation, direction, interaction, and communication between:
66   __________, the (testator, settlor, grantor, principal, or declarant);
67   __________, a witness;
68   __________, a second witness; and
69   __________, a notary public.
70   During the conference, __________, the (testator, settlor, grantor,
71   principal, or declarant) signed the following estate planning document or
72   documents: (a will, codicil, power of attorney, durable power of attorney,
73   health care declaration, advance directive, health care power of attorney,
74   revocable trust, irrevocable trust, beneficiary deed, nonprobate transfer,
75   self-proving affidavit of the execution of a will, or a document modifying,
76   amending, correcting, or revoking one of these estate planning documents).
77   All the parties to the conference represented that they were physically
78   located in the state of Missouri at the time of the signing.
79   I have reviewed and am familiar with the requirements of the applicable
80   executive order or orders in effect at the time and affirm that the remote
81   execution of the estate planning document or documents met all the
82   requirements of the applicable executive order or orders.
83   In witness whereof I, an officer authorized to administer oaths, have
84   hereunto subscribed my name and affixed my official seal this _____
85   (date).
86                       (Signed)         ____________________________________
87                       (SEAL)           ____________________________________
88                                        (Official capacity of officer)
                [447.200. 1. If any consumer deposit account with a banking
 2       organization or financial organization, as such terms are defined in and under
 3       section 447.503, is determined to be or to have been inactive for a period of
 4       twelve or more months and if inactivity fees apply to such account, such
 5       banking organization, bank or financial organization shall notify the person or
SS SCS HB 754                                  48

 6      depositor named on such inactive account of such inactivity . Notice may be
 7      delivered by first class mail, with postage prepaid, and marked "Address
 8      Correction Requested", or alternatively, the notice may be sent or delivered
 9      electronically if the consumer has consented to receiving electronic disclosures
10      in accordance with the federal Truth in Savings Act, 12 U.S.C. Sections 4301
11      to 4313, and the regulations promulgated pursuant thereto.
12              2. Notwithstanding any provision of law to the contrary, for any
13      consumer deposit account with a banking organization, bank or financial
14      organization that is or that has been inactive for twelve months or more, such
15      bank or financial organization shall issue annual statements to the person or
16      depositor named on the account. The organization or a bank may charge a
17      service fee of up to five dollars for any statement issued under this subsection,
18      provided that such fee shall be withdrawn from the inactive account.
19              3. If any consumer deposit account with a banking organization, bank
20      or financial organization is determined to be or to have been inactive for a
21      period of five years, the funds from such account shall be remitted to the
22      abandoned fund account established under section 447.543.
23              4. For purposes of this section, the word "inactive" means a prescribed
24      period during which there is no activity or contact initiated by the person or
25      depositor named on the account, which results in an inactivity fee or fees being
26      charged to the account.]

                                               ✔