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SCS/HCS/HB 1623 - This act modifies provisions relating to political subdivisions. BUCHANAN COUNTY ORDINANCE VIOLATIONS (49.272) This act adds Buchanan County to the list of counties authorized to impose, by rule, regulation, or ordinance a civil fine of up to $1,000 for each violation of any county rule, regulation, or ordinance. This provision is identical to HB 1703 (2012). COUNTY/CITY CONTRACTS IN JEFFERSON COUNTY (50.332 & 52.320) This act allows Jefferson County officers to contract with municipalities in Jefferson County to perform the same type of duties for the municipality as the county officer is performing for the county. Under current law, county officers in all counties except charter counties may enter such contracts. In addition, this act allows the Jefferson County collector to contract with cities in the county to collect municipal taxes. This section currently only applies to first class counties. These provisions are identical to SB 815 (2012). COUNTY BUDGET DECREASE (50.622) This act allows and establishes procedures for counties to decrease their annual budgets no more than twice each fiscal year when faced with unanticipated funding of two percent or greater. The budget reduction may not affect any one independently affected officeholder unless all officeholders who receive funds from the same budget category have negotiated ways to cover the shortfall. Also, the reductions may not impact any dedicated fund created by law. The provisions of this act expire on July 1, 2015. Charter counties may follow procedures in their charters for amending their budgets rather than the provisions of this act. This provision is identical to SCS/SB 692 (2012) and is similar to provisions of HCS/SS/SCS/SB 580 (2010) and HB 1793 (2010). SPORTS COMPLEX COMMISSIONERS (64.930) Under current law, the Governor appoints five commissioners to serve on a county sports complex authority. The commissioner must be qualified voters of the state and residents of the county in which the authority is located. None may be an elected or appointed official of a political subdivision. This act requires the county executive to serve as an ex officio, non-voting, unpaid member of the commission. LOCAL COURTS (66.010, 67.136, 67.320, & 67.2010) Currently, county municipal judges must be licensed to practice law in Missouri and residents of the county they serve. This amendment removes the residency requirement and allows counties to set by ordinance any other requirements for the position. The act authorizes cities and counties that have established municipal courts to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a finding of guilt for a criminal offense or infraction or entry of a civil judgment. Currently, Jefferson County is allowed to prosecute and punish violations of its county orders in a municipal county court. This act allows any county of the first class to establish a county municipal court and prosecute violations of its county orders in such court. Currently, county municipal court judges are appointed by the county commission of that county, subject to confirmation by the legislative body of that county. This act requires that if Franklin County creates a county municipal court, the first judges are appointed by the county commission for terms of four years and subsequent judges are elected for terms of four years. Currently, associate circuit judges in Cass County can hear and determine certain county ordinance violations. This act extends similar authority to associate circuit judges in Greene County. The act also allows both counties to have violations of other county ordinances heard by the associate circuit judge. This act incorporates language similar to the perfected version of HCS/HB 1211. POLITICAL SUBDIVISION BIDDING STANDARDS ACT (67.314) This act creates the "Political Subdivision Construction Bidding Standards Act". This act does not apply to political subdivisions that have specific state or local competitive bidding requirements that are equivalent to, or stricter than, the ones contained in this act. If a political subdivision is not covered by a specific federal, state, or local law that is equivalent to, or stricter in, its requirements, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding contracts that exceed $25,000. Bids shall be advertised in the following manner: through publication in a central repository developed by the office of administration, or a private firm under contract with the office, at no cost to the state; on the political subdivision's own website if it has a link to the central repository; in a newspaper of general circulation located in the same county as the political subdivision, or an adjoining county, for a period of once a week for two consecutive weeks; or through publication, at no cost to the public subdivision, in a central repository developed by an organization representing political subdivisions. The political subdivision may, in addition to advertising in the manner described above, also advertise the bids in business, trade, or minority newspapers. The advertising requirements do not apply when a political subdivision has publicly stated, in writing, that the political subdivision is using a sole source method to award a construction contract because of the unique nature or limited availability of materials, equipment, or skills for the construction project. If a political subdivision fails to follow the requirements, any person who bid on the contract, or any person who would have placed a bid, has standing to seek an order that the contract be rebid within 15 days of the contract being awarded. This provision is similar to a provision contained in the perfected version of SCS/HB 142 (2011). CITY ECONOMIC DEVELOPMENT TAX BOARD (67.1305) This act allows a city that adopts or has already adopted a local option economic development sales tax to increase the number of members on the economic development tax board. The city will designate by order or ordinance whether the board has five or nine members. If the city designates a nine member board, the area school districts and the county will each appoint one new member to the board, and the city will appoint two new members to the board. The act also specifies how the board members' terms are staggered. This act is identical to SB 845 (2012). TRANSIENT GUEST TAXES IN PEVELY (67.1360) This act authorizes the city of Pevely to impose a transient guest tax, upon approval of the voters, to fund the promotion of tourism. This provision is identical to SCS/SB 912 (2012). METROPOLITAN PARK AND RECREATION DISTRICT (Sections 67.750, 67.1706, 67.1712, 67.1715, 67.1721, 67.1742, and 67.1754) This act authorizes any county that is part of the Metropolitan Park and Recreation district to impose an additional sales tax up to 3/16th of one percent, if the voters of St. Louis County and at least one of the other counties approve the tax. Sixty percent of the additional tax is to go to the Gateway Arch grounds and other regional park and trail improvements with specific amounts allocated at different times to the Arch and to other park projects. Forty percent of the additional tax is to go to the county for local and county park improvements. This additional tax would not apply to the sale of food and prescription drugs. The act requires that any contract concerning capital improvements or maintenance activities in the Gateway Arch grounds area be approved by the Metropolitan Park and Recreation district, the federal government, and any public or private not-for-profit entities that directly provide supplemental funding for the contract. Capital improvements and maintenance activities must be constructed and performed according to a comprehensive agreement approved by the Metropolitan Park and Recreation district before the public vote on the additional sales tax. Any county that approved the additional sales tax is required to submit a proposal to reauthorize this tax to the county voters at a general election no later than 23 years after the additional sales tax is effective. These provisions of the act have an emergency clause. These provisions are contained in SCS/HB 1504 (2012). JACKSON COUNTY PARKS, TRAILS, AND GREENWAYS DISTRICT (Sections 67.5000 to 67.5038) This act authorizes Jackson County to create a parks, trails, and greenways district and impose an additional sales tax of one-tenth of one cent, if the voters of Jackson County approve the creation of the district and the tax. The parks, trails, and greenways district will be responsible for planning, developing, operating, and maintaining trails, open space, greenways, and parks throughout Jackson County. This act does not modify any existing recreation system or public parks system that exists within the district. Among other powers, the district has the power to issue tax-exempt bonds, enter into contracts, lease, purchase, and hold property, establish and collect charges for using district facilities, employ staff, and appoint advisory committees. The district also has the power to enter into agreements with public authorities to pay for alterations to highways, street or roads, when the highway, street or road affects trails or parks of the district. The district does not have the power of eminent domain. The one-tenth of one cent sales tax will be distributed between the district, the county, and the cities in the county, with forty-five percent going to the district, fifteen percent going to the county, and forty percent going to the cities in proportion to each city's local sales tax contribution. The sales tax revenues may not be paid to any special allocation fund established under the Real Property Tax Increment Allocation Redevelopment Act. The district is governed by a seven member board, with one member chosen by the presiding commissioner or elected county executive of the county, two members appointed by the mayor of the largest city, and four members appointed on a rotating basis by the mayors of the next five most populous cities in the county. The district is required to follow state bidding requirements for all construction and maintenance purchases above ten thousand dollars. These provisions are contained in SCS/HB 1504 (2012). ST. LOUIS PARKING (82.485, 82.487, 82.515, & 82.516) This act provides that the mayor of St. Louis rather than the city treasurer oversees public parking in the city and enforces parking regulations and park meters and assumes, on behalf of the city, existing contracts entered into by the supervisor of parking or the parking commissioner. Other provisions of law dealing with parking in the City of St. Louis are repealed. TIF REDEVELOPMENT PLANS (99.825) Currently, if after having a hearing, a tax increment financing commission makes a recommendation in opposition to the proposed redevelopment plan, project, or area, the county, city, town, or village may only approve the plan by a two-thirds majority vote of the governing body of the county, city, town, or village. This act prohibits St. Louis County, St. Charles County, and Jefferson County, and cities, towns, and villages in these counties from approving a proposed redevelopment plan, unless a majority of the members of a county, city, town, or village tax increment financing commission vote to make a recommendation approving the plan, or the plan is approved by a majority of the voters of the county. This provision is similar to SB 721 (2012). JACKSON COUNTY TAX INCREMENT FINANCING FUNDS (99.845) This act adds taxes levied by the Jackson County Transit Authority to the list of taxes that may not be deposited into a special allocation fund for the purposes of tax increment financing. TAXATION OF TIME-SHARE UNITS (137.016) This act modifies the definition of residential property for property tax purposes to include time-share units unless they are rented. A similar provision is contained in HCS/HB 1818 (2012). SALES AND USE TAX PAYMENT BY COMMON CARRIERS (Section 144.805) This act also extends the expiration date from December 31, 2013, to December 31, 2023, on provisions regarding the payment by common carriers of sales and use tax on aviation fuel and tangible personal property. This provision is contained in SB 740 (2012) and SCS/HB 1504 (2012). LIBRARY DISTRICT SALES TAX (Section 182.802) This act also authorizes any public library district located in Pemiscot County to impose a one-half cent sales tax upon approval of the voters. These provisions are contained in SCS/HB 1504 (2012). KANSAS CITY ZOOLOGICAL DISTRICT (184.503 & 184.509) This act provides ballot language for the situation where a county seeks to withdraw from the Kansas City Zoological District and repeal that county's sales tax used to support the district. If the voters approve withdrawing from the district and repealing the sales tax, the act makes the withdrawal from the district and the repeal of the sales tax effective ninety days after the county has satisfied any obligation that the county has assumed or incurred by reason of being a part of the district. Any county in the district or that withdraws from the district shall be reimbursed by the Kansas City Zoological District sales tax fund when any action is brought regarding the obligations of the district. The provision of law authorizing the creation of the district and the sales tax shall expire on August 28, 2017, unless reauthorized by the General Assembly. This act also requires that any bonds issued by the district must be redeemed within seven years and must be approved by a majority of the voters in each county of the district, rather than a majority of the voters of the district. TANEY COUNTY EMERGENCY SERVICES BOARD (190.335) This act requires the Taney County Commission, 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 heads or a designee of the county's fire protection and ambulance districts, the sheriff or a designee, the head or a designee of any police departments in the county, and the head or a designee of the county's emergency management organizations. This provision is substantially similar to SB SS/781 (2012). LIQUOR AT THE ST. LOUIS INTERNATIONAL AIRPORT (311.179) This act allows those licensed to serve liquor at Lambert International airport to apply for a special permit to open at 4 a.m. The annual fee for the special permit is $300. FIREWORKS CLASSIFICATIONS (320.106, 320.131, 320.136) This act updates references to fireworks classifications in the Code of Federal Regulations and removes references to American Pyrotechnics Association standards. These provisions have an emergency clause and are identical to SB 838 (2012) and are contained in HCS/HB 1458. FIRE EDUCATION FUND (320.202) This act provides that fees collected by the state fire marshal be deposited in the "Fire Education Fund" rather than in the general revenue. This provision is contained in HCS/HB 1458 (2012). FIRE PROTECTION DISTRICT REGULATION OF NEW CONSTRUCTION (321.228) This act prohibits a fire protection district from enforcing any regulations dealing with new residential construction if the city, town, village, or county in which the construction is located has already adopted regulations for such construction. Fire protection districts, do, however, have final regulatory authority over the location and specifications of fire hydrants and fire lanes and may inspect of certain dwellings. They may not collect a fee for such services. This provision is contained in HCS/HB 1458 (2012). FIRE PROTECTION DISTRICT CONSOLIDATION (321.460) Under current law, two or more fire protection districts who have at least one common boundary may consolidate. This act also allows two or more fire protection districts that are located in the same county, in whole or part, to consolidate. FIRE PROTECTION DISTRICT RECALL (321.711) Under current law, a petition to recall a member of a Fire Protect District Board must contain signatures from at least 25 percent of the voters who voted in the most recent gubernatorial election in the district. This act reduces the number of signatures required for such a petition to 20 percent. SPRINGFIELD ADMINISTRATIVE ADJUDICATION (479.011) This act allows Springfield to establish an administrative adjudication system. This provision is contained in the perfected version of HCS/HB 1256 (2012). BLOOD WITHDRAWAL FOR ALCOHOL-RELATED CRIMES (577.029) Under current law, trained medical technicians may withdraw blood for the purpose of determining its alcohol content at the direction of a law enforcement officer. This act provides that those technicians be trained "in hospital" medical technicians. ANEMOMETER TOWERS (701.550) The act requires certain safety marking of anemometer towers (wind speed testing towers) that are located outside of city limits and that are 50 feet or more in height. The top third of any such tower must be striped orange and white, each outside guy wire must have two attached marker balls, the vegetation around guy wire anchor points must contrast with surrounding vegetation, and guy wires must have safety sleeves. The act does not supercede any other state or federal law that regulates the appearance of the anemometer tower. Owners of anemometer towers in existence as of August 28, 2012, are given until January 1, 2014, to comply with the act's requirements. A violation of the act is a Class B misdemeanor. This provision is contained in SCS/SB 769 (2012) and is similar to a provision of HCS/HB 1458. MEGHAN LUECKE
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