HB 1711 Modifies provisions relating to public services provided by certain political subdivisions

     Handler: Clemens

Current Bill Summary

- Prepared by Senate Research -


SS#2/SCS/HB 1711 - This act modifies provisions relating to political subdivisions.

SECTION 44.090 (page 2)

This section allows the executive officer of any public safety agency to enter into a mutual-aid agreement for reciprocal emergency aid and specifies that the Department of Public Safety shall administer the state mutual-aid system.

Any employee of a political subdivision or public safety agency responding to an emergency, disaster, or public safety need that is not declared by the Governor as an emergency is subject to the liability and workers' compensation provisions provided to him or her as an employee of the subdivision or agency. However, during a Governor-declared emergency, any employee responding shall not be liable for civil damages or administrative sanctions for any failure to exercise the skill and learning of an ordinarily careful public safety professional in similar circumstances, but shall be liable for damages due to willful acts or omissions in rendering such services.

This section is identical to HB 2324 (2008).

SECTION 48.030 (page 6)

This section allows a county, after meeting the required assessed valuation, to become a second class county upon a vote of the governing body to change classifications. Currently, a county can only change classifications by a vote of the governing body if it is becoming a first class county; otherwise, the county must be at the required assessed valuation for five years before changing classifications. The effective date of the change in classification shall be at the beginning of the county fiscal year following the election by the governing body.

This section is identical to HCS/SB 820 (2008) & HB 1995 (2008).

SECTION 49.310 (page 7)

This section allows Caldwell County to establish a jail or holding facility outside of the county seat.

SECTION 67.585 (page 9)

This section authorizes Jefferson County, upon voter approval, to impose by order or resolution a retail sales tax of up to .5% for funding the public health and safety projects and programs of the county public health center. The tax may only be imposed in conjunction with a property tax reduction for each year in which the sales tax is imposed. The sales tax revenue must be deposited into the newly created County Public Health Center Improvement Sales Tax Fund to be used solely for the specified purposes, except that 1% will be deposited into the general revenue fund for the cost of collection.

This section is identical to HB 2480 (2008).

SECTION 67.659 (page 15)

This section allows Lincoln County, upon voter approval, to impose a sales tax of up to one-half of one percent for the purpose of constructing, purchasing, leasing, maintaining, and operating a transit system.

SECTION 67.3000 (page 20)

It shall be lawful for Caldwell County to enter into a contract with private corporations engaged in delivering water at wholesale for domestic consumption. The county may also acquire, own, and hold, with private corporations, water mains.

SECTION 71.1000 (page 20)

This section allows a municipality to annex a research park, provided the municipality obtains written consent from all of the property owners located within the research park area. Both the municipality and county shall adopt reciprocal ordinances authorizing the annexation of such parcel by the municipality.

SECTION 72.080 (page 20)

This act repeals the provisions in Section 72.080, RSMo, which allow villages to incorporate in an alternative way rather than requiring a petition by two-thirds of the taxable inhabitants that is approved by the county commission, as is required by Section 80.020, RSMo.

Under the language being repealed, a city, town, or village may incorporate after a number equal to 15% of the registered voters petitions the county commission. The commission must submit the question to the voters for their approval. In order to qualify for incorporation a village need only have the ability to furnish normal municipal services if it has at least 100 inhabitants. The language creating a definition of "village" in Section 72.080, RSMo, is also repealed.

This section requires any village incorporated in Franklin County between August 28, 2007, and the effective date of this section, to be subject to the county building codes.

This section contains an emergency clause and a severability clause.

This section is similar to SCS/SB 765 (2008).

SECTION 77.105 (page 25)

In any third class city, the budget or any authorization to expend funds shall be approved by an ordinance, motion, or resolution that is approved by a majority of all the members elected to the governing body.

SECTION 82.516 (page 25)

This section increases the amount of compensation that the treasurer of the City of St. Louis may receive for being the supervisor of parking meters from sixteen thousand to twenty-four thousand dollars. The money comes from the parking fund and is approved by the parking commission.

SECTIONS 86.200 & 86.287 (page 25 & 31)

These sections provide that if a member of the Police Retirement System of St. Louis City dies due to a duty-related accident, that the board of the system may review applications for survivor benefits from a dependent parent of such member and may determine the amount of benefits paid based upon the proportionate share of support provided by the member to the applicant at the time of the member's death.

SECTION 88.917 (page 34)

Currently, in a city with a population of 300,000 inhabitants any change in the grade of a street shall be declared necessary through a resolution passed by the city's two houses of legislation. Under this section, such change shall be declared necessary through a city ordinance.

This section is identical to HCS/SB 1135 (2008).

SECTION 89.120 (page 35)

Currently, property owners violating certain zoning regulations in municipalities located in Jackson County shall be fined at least $10 but not more $500, or imprisoned for ten days, for each day of such violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $250 but not more than $1,000, or imprisonment for ten days, for each day of the violation. In all other municipalities, property owners shall be fined at least $10 but not more than $100 for each day of the violation, unless the offense was committed wilfully, in which case, the penalty shall be a fine of not less than $100 but not more than $250, or imprisonment for ten days, for each day of such violation.

Under this section, a property owner in any city with more than 300,000 inhabitants may be fined at least $10 but not more $500, or imprisoned for ten days, for each day of such violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $250 but not more than $1,000, or imprisonment for ten days, for each day of the violation.

In all other municipalities, property owners shall be fined not less than $10 but not more than $250, or imprisoned for ten days, for each day of the violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $100 but not more than $500, or imprisonment for ten days, for each day of the violation.

This section repeals the other version of Section 89.120, RSMo, which was doubly-enacted.

This section is identical to HB 1849 (2008) & HCS/SB 1002 (2008).

SECTION 94.271 (page 39)

This section authorizes the City of Grandview to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promoting tourism. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is identical to SCS/SB 1089 (2008).

SECTION 94.900 (page 40)

This section authorizes the City of Harrisonville to impose, upon voter approval, a sales tax of up to 0.5% for the operation of public safety departments including expenditures on equipment, city employee salaries and benefits, police facilities, and fire and emergency medical providers.

This section is identical to HB 1867 (2008).

SECTION 94.902 (page 44)

This section authorizes the City of Raytown to impose, upon voter approval, a sales tax of up to 0.5% for the operation of public safety departments including expenditures on equipment, city employee salaries and benefits, police facilities, and fire and emergency medical providers.

SECTION 96.160 (page 49)

Currently, an ordinance providing for a larger board of trustees for municipal health care facilities requires that three-fifths of the trustees be citizens of the city. This section specifies that some or all of the trustees do not have to be citizens of the city.

This section is identical to HB 1386 (2008).

SECTION 99.820 (page 50)

This section requires municipalities to disclose to any land owner whose property is acquired that such land is being acquired for a TIF project. It also requires municipalities to disburse all surplus funds from the special allocation fund to each taxing district in the manner described in law, whether by statute or by contract.

The provision providing for any municipality in a county under the authority of the East-West Gateway Council of Governments to create a TIF commission in the same manner as the creation of a TIF commission in St. Louis County is repealed. The provision requiring any city, town, or village under the authority of such Council to obtain permission of the county TIF commission is also repealed.

Beginning August 28, 2008, any city, town, or village in St. Louis County, St. Charles County, or Jefferson County shall, prior to adoption of an ordinance approving the designation of a redevelopment area or approving a redevelopment plan/project, create a commission of twelve people. Six members shall be appointed by the county executive or presiding commissioner, three members shall be appointed by the cities, towns, and villages in the county which have TIF districts, two members shall be appointed by the school boards in the county, and one member shall represent all other taxing districts in the proposed redevelopment area and be appointed in a manner agreed upon by all such districts.

A city, town, or village that creates such a commission must send notice to the county executive or presiding commissioner, school districts, and other taxing districts.

Any commission created by a city, town, or village in such counties shall, within 15 days of receiving a redevelopment plan and a request by the applicable city, town, or village, fix a time and place for the required public hearing. The hearing shall be held no later than 75 days from the commission receiving the plan and request. The commission shall vote and make recommendations to the governing body of the city, town, or village requesting the hearing within 30 days after the hearing. If the commission fails to vote within 30 days, the plan will be deemed rejected.

SECTION 99.825 (page 62)

This section is currently doubly-enacted, so one version of the section is repealed.

Any public hearing of a commission created by a city, town, or village in St. Louis County, St. Charles County, or Jefferson County shall not be continued for more than thirty days unless requested by the chief elected official of the municipality creating the commission and approved by the majority of the commission.

Changes may be made to the redevelopment plan without further hearing provided there is no enlargement of the boundaries of the redevelopment area, substantial effect on the general land use, change in the nature of the redevelopment project, or increase in the total redevelopment costs approved by the commission to be paid by TIF, excluding interest and finance costs, by more than 10% and notice of such changes is given to each affected taxing district by mail and publication in the newspaper.

After adoption of an ordinance approving a redevelopment plan, alterations to the plan may be made provided they do not: enlarge the boundaries of the redevelopment area, substantially affect the general land use, change the nature of the redevelopment project, or increase the total redevelopment costs approved by the commission to be paid by TIF, excluding interest and finance costs, by more than 10% may be adopted.

SECTION 137.092 (page 65)

The section repeals the requirement that operators of rental and leasing facilities provide a description of the personal property located within the rental or leasing facility to the county assessor where such rental or leasing facility is located for property tax purposes. The provision authorizing the imposition of a penalty for an owner of a rental or leasing facility's failure to provide the property lists is also repealed. Owners of marinas and other comparable facilities which provide dockage or storage space for boats, vessels, floating homes, and floating structures will no longer be required to provide documentation including the lessee's name, address, county of residence, and a description of the personal property located within the marina or comparable facility to the county assessor where such marina or comparable facility is located for property tax purposes.

SECTION 137.1040 (page 67)

This section allows the governing body of a city, town, village or county to submit a proposal to the voters of such city, town village or county allowing the municipality to impose a property tax to fund cemetery maintenance. The tax authorized under this act shall not exceed one fourth of one cent per one hundred dollars assessed valuation and shall not become effective until approved by the voters of the city, town village or county.

This section is identical to SB 822 (2008).

SECTIONS 144.030 & 155.010 (page 69 & 84)

Under current law, purchases of materials, replacement parts and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of aircraft engaged as common carriers of people and property are exempt from state and local sales tax. These sections would expand the exemption to apply purchases of materials, replacement parts and equipment purchased for use directly upon, and for the modification, repair, replacement and maintenance of aircraft, aircraft power plants, and aircraft accessories from January 1, 2009, to January 1, 2015.

SECTION 182.707 (page 84)

This section allows persons who reside or work within the Kansas City urban public library district to be a member of the board of trustees, rather than only those persons who reside within the library district.

SECTION 190.054 (page 87)

The current term of the director representing subdistrict six of the St. Charles ambulance district shall be extended one additional year. After such time, the term of such director shall be three years.

SECTION 190.056 (page 88)

Under this act, each member of an ambulance district board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

This section is identical to SB 978 (2008).

SECTION 190.094 (page 92)

Under current law, each ground ambulance is required to be staffed with at least two licensed individuals when transporting a patient, except for certain counties which are allowed to have only one licensed emergency medical technician, registered nurse or physician in attendance. This act amends current law to allow this exception for any ambulance licensed in the state staffed with volunteers. A volunteer is defined as an individual who performs hours of service without promise, expectation or receipt of compensation for services rendered, except for a nominal stipend per call to compensate for fuel, uniforms, and training.

This section is identical to SCS/SB 1044 (2008).

SECTION 190.107 (page 93)

Except in Jackson County or Clay County, in any area in which two or more ambulance services provide services in overlapping ambulance service areas, no ambulance service shall impose regulations or requirements on any competing service except with respect to call originating through a 911 system or that require a response using a siren and lights.

SECTION 190.335 (page 94)

This act requires the county commission of Christian County, upon voter approval of a county sales tax for central dispatching of emergency services, to appoint a seven-member board to administer the funds and oversee the provision of emergency services. The board shall include the head of any of the county's fire protection or ambulance districts, the county sheriff, the head of any police departments in the county, and the head of the county's emergency management organizations.

This section is identical to SCS/SB 1039 (2008).

SECTION 231.444 (page 99)

This section allows, upon voter approval, any county of the third classification without a township form of government with a population of less than 6,000 inhabitants to impose a tax of up to one dollar per acre on agricultural and horticultural property. The proceeds shall be used to purchase road rock for county roads. Currently, only certain counties of the third classification without a township form of government may impose such a tax of up to 25 cents per acre.

This section is identical to certain provisions of SCS/HB 2047 (2008).

SECTION 247.031 (page 101)

If a petition for detachment of an area from a public water supply district is submitted, but not by the district's board of directors, the petitioner shall name the district as a defendant and a copy of the petition shall be served upon the district at least 35 days before the hearing of the petition. Under such circumstances, the district may file objections.

SECTION 321.015 (page 105)

Under this act, a person holding state office or employment is not prohibited from holding the office of fire protection district director.

SECTION 321.200 (page 106)

This act authorizes fire protection district boards to delegate certain powers and responsibilities to the fire chief and to rescind that delegation upon a majority vote of the board. The powers and responsibilities that may be delegated include the power to enter into contracts, hire personnel, purchase, maintain, receive, and dispose of real and personal property, and manage, control, and supervise all the business and affairs of the district.

This section is identical to HB 2245 (2008).

SECTION 473.745 (page 107)

This section requires the City of St. Louis to provide suitable furnishings for the public administrator and the city supply commission shall purchase necessary supplies for the public administrator. Such supplies shall be approved by the comptroller. All necessary expenses incurred by the public administrator of St. Louis City shall, upon his or her requisition, be approved by the comptroller and paid out of the city treasury.

The public administrator of St. Louis City shall employ necessary deputies and fix their salaries. Such compensation cannot exceed the annual rate of compensation fixed by the board of aldermen. For additional duties imposed by this act, the public administrator may act as trustee or successor trustee when so appointed by the circuit court or the probation division of the circuit court.

This section is similar to SB 1271 (2008).

SECTION 478.466 (page 108)

The Jackson County drug commissioner shall be paid out of the same source as the compensation of all other drug court commissioners in the state, rather than the county antidrug sales tax.

SECTION 546.902 (page 109)

This section allows municipalities in St. Charles County to adopt necessary ordinances for the well-being of the community and enforce such ordinances, except for those governing traffic violations on any roadway, with a fine not to exceed $1,000 or three months of imprisonment. Currently, municipalities in St. Louis County may adopt and enforce such ordinances.

This section is similar to SCS/SB 1018 (2008).

SECTION 701.335 (page 110)

The elevator safety board shall have the power to adopt rules and regulations governing licenses of elevator mechanics and elevator contractors.

SUSAN HENDERSON MOORE

SA 2 - Modifies provisions relating to collectors and delinquent taxes

SA 3 - In St. Clair County, any person or entity holding an outdoor concert shall be required to receive approval from the county commission prior to the concert. A person or entity holding an outdoor concert in violation of this provision shall be assessed a civil fine of up to $5,000, to be prosecuted by the county prosecuting attorney in circuit court.

SA 4 - Municipalities and other political subdivisions may collect and share the identity of persons by the same means the FBI uses in its Integrated Automated Fingerprint Identification System

SA 5 - Authorizes Wayne County, upon voter approval, to impose a transient guest tax

SA 6 - No political subdivision shall prohibit any emergency personnel from participating in certain political activities

SA 7 - Creates the "Cyber Crime Investigation Fund", which is to be funded with three million dollars from the state general revenue fund; Allows the cyber crime grants to be used to fund training of prosecuting and circuit attorneys

SA 8 - Allows municipalities to satisfy all financial reporting requirements by posting the report on the municipality's official website for not less than one year from the date of publication

SA 9 - Gives jailers the power to serve civil process and arrest warrants on persons who surrender themselves to a jail facility as well as those who are already in the custody of the facility at which the jailer is employed; Employees designated as jailers may carry firearms when necessary for the proper discharge of their duties as jailers


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