SECOND REGULAR SESSION

HOUSE BILL NO. 3385 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE OVERCAST.

6259H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To amend chapter 34, RSMo, by adding thereto one new section relating to state purchase of Missouri agricultural products.

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

Section A. Chapter 34, RSMo, is amended by adding thereto one new section, to be 2 known as section 34.072, to read as follows: 34.072. 1. In making purchases, the commissioner of administration or any 2 agent of the state with purchasing power shall give preference to Missouri-grown or 3 Missouri-produced agricultural products, provided that such products are available in 4 sufficient quantity, are of good quality, and do not exceed the cost of similar products 5 produced outside this state by more than ten percent. For purposes of this section, 6 "produced" means planted, grown, cultivated, harvested, raised, collected, processed, or 7 manufactured. 8 2. The competitive bidding process in section 34.042 applies to the purchases 9 made under this section. 10 3. In making purchases for this state, its governmental agencies, political 11 subdivisions, institutions, or school districts, the commissioner of administration shall 12 give a bidding preference consisting of a five percent preference on bids for Missouri- 13 grown or Missouri-produced agricultural products. 14 4. This section is in addition to, and not in lieu of, the requirements of any other 15 laws or regulations mandating preference for Missouri-grown foods and products. 16 5. The commissioner of administration shall promulgate all necessary rules and 17 regulations regarding specifications, quality standards, time of delivery, performance,

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. HB 3385 2

18 bidding preferences, and other relevant matters for the administration of this section. 19 Any rule or portion of a rule, as that term is defined in section 536.010, that is created 20 under the authority delegated in this section shall become effective only if it complies 21 with and is subject to all of the provisions of chapter 536 and, if applicable, section 22 536.028. This section and chapter 536 are nonseverable and if any of the powers vested 23 with the general assembly pursuant to chapter 536 to review, to delay the effective date, 24 or to disapprove and annul a rule are subsequently held unconstitutional, then the grant 25 of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall 26 be invalid and void. ✔

Statutes affected:
Introduced (6259H.01): 34.072