HCS/SB 99 - This act modifies various provisions relating elections, the official state manual, and sale tax ballot issues.
OFFICIAL STATE MANUAL:
The act allows the Secretary of State to enter into an agreement with a nonprofit organization to print copies of the Official State Manual. The Secretary of State must provide to the organization the electronic version of the official manual to published. The nonprofit organization must charge a fee for a copy of the manual to cover the cost of production and distribution (Sections 11.010, 11.025).
This provision is identical to HCS/HB 814 (2013).
SALES TAX ON THE TITLING OF MOTOR VEHICLES:
The act eliminates both state and local use taxes on the storage, use or consumption of motor vehicles, trailers, boats, or outboard motors. The act specifies that a sales tax is to be collected for the titling of such property. The rate of tax associated with titling will be the sum of state sales tax and the local sales tax rate in effect at the address of the owner of the property.
All local taxing jurisdictions that have not previously approved a local use tax must put to a vote of the people whether to discontinue collecting sales tax on the titling of motor vehicles purchased form vendors not located in Missouri. If a taxing jurisdiction does not hold such a vote before November 2016, the taxing jurisdiction must cease collecting the sales tax. Taxing jurisdictions may at any time hold a vote to repeal the tax. Language repealing the tax must also be put to a vote of the people any time 15% of the registered voters in a taxing jurisdiction sign a petition requesting such (Sections 32.087, 144.020, 144.021, 144.069, 144.071, 144.440, 144.450, 144.455, 144.525,144.610, 144.613, 144.615).
These sections contain a nonseverability clause, and an emergency clause.
These provisions are identical to provisions in CCS/HCS/SB 23 (2013), SS/HB 184 (2013), and similar to provisions in HCS/SCS/SB 182 (2013), SS/HCS/HB 1329 (2012), HCS/HB 2100 (2012), and HCS/SCS/SB 591 (2012).
TRANSIENT GUEST TAX:
The act authorizes the cities of Edmundson and Woodson Terrace to impose a transient guest tax. Such a tax cannot exceed 0.6% of the sales price per room per night. The tax does not take effect until voted on by the residents of the city (Section 67.1009).
Currently, Edmundson and Woodson Terrace are prohibited from raising their hotel and motel license tax more than 5% per year or over a certain total cap. This act removes the references to Edmundson and Woodson Terrace (Section 94.270).
CITY COUNCIL TERMS IN THIRD CLASS CITIES:
The act allows council members in third class cities to serve four-year terms by vote of the people. If four-year terms are approved, the extended terms begin with any council member elected to office after the approval of the ballot question (Section 77.030).
The act also repeals section 77.030 which was truly agreed to and finally passed in HB 163 (2013).
These provisions are identical to provisions in SB 90 (2013), SCS/HCS/HB 161 (2013), SB 821 (2012), and similar to provisions in HB 163 (2013) and SCS/HCS/HB 199 (2013).
PRIMARY ELECTIONS FOR MAYOR AND COUNCILMEN OFFICES:
The act allows certain third class cities to eliminate, by ordinance or order, primary elections for mayor and councilmen offices. Any person wishing to become a candidate for these offices must file a statement of candidacy with the city clerk in order to be placed on the ballot (Section 78.090).
This provision is identical to provisions in HB 163 (2013), HCS/HB 110 (2013), and HCS/HB 342 (2013).
REQUIREMENTS FOR SERVING AS AN ALDERMAN:
The act also lowers the minimum age required for a person to serve as an alderman in a fourth class city from twenty-one to eighteen years of age (Section 79.070).
This provision is identical to HB 65 (2013).
The act repeals the requirement that the voting machines used in presidential elections must permit the voter to vote by use of a single lever for the candidates of one party or group of petitioners for president, vice president and their presidential electors. The act also repeals the provision which requires voting machines to be provided with a mechanical model, which illustrates the manner of voting on the machine (Section 115.249). The requirement that voting machines shall be placed so that ballot labels can be plainly seen by the election judges when not in use is repealed (Section 115.259).
These provisions are identical to provisions in SS/HCS/HB 199 (2013), HCS/HB 348 (2013), and HCS/SB 90 (2013).
The act repeals the requirement that absentee ballots shall have the words "Official Absentee Ballot" appear on the ballot (Section 115.281).
Currently, the election authority appoints a sufficient number of teams consisting of four election judges on each team, two judges from each party, to count absentee votes. This act repeals the requirement of four judges per team and provides that each team shall be comprised of an equal number of judges from each political party. The act also repeals the provision prohibiting absentee ballots from being counted by the same person who removed the ballots from their envelopes (Sections 115.299 & 115.300).
These provisions are identical to provisions in HCS/HB 199 (2013), HCS/HB 348 (2013), and HCS/SB 90 (2013).
ELECTION AUTHORITY AND VOTING PROCEDURES:
The act repeals the provision which mandates that the election authority shall have pasters prepared to add or delete names on printed ballots, and removes ballot labels from the list of items that the election authority must deliver to each polling place before the polls open (Sections 115.383 & 115.419).
The act changes the time when election judges must open the ballot box and show to all present that it is empty from "after the time fixed by law for the opening of the polls but before the voting begins" to "not more than one hour before the voting begins" (Section 115.423).
Ballot cards are removed from the type of paper ballots that election judges must initial after the voter's identification certificate has been initialed. The act also removes language requiring the election judges to seal the ballot envelope before placing it in the ballot box (Section 115.433 & 115.436).
The act provides that when paper ballots are used then the voter shall place a distinguishing mark immediately beside the name of the candidate for which the voter intends to vote. The provision which allows a voter to cross out a name on the ballot and write in a name of a person not on the ballot when a write-in line is not provided is also removed.
The act removes provisions specifying that when voting machines are used the voter shall go alone to a voting machine and register votes as directed. The act also repeals the provisions allowing the use of a sticker or other item containing a write-in candidate's name in lieu of a handwritten name (Section 115.439).
The act removes the requirement that after the proper votes on a ballot have been counted then the ballot shall be strung on a wire, and upon recording of the count the wire shall be knotted and sealed. The act also repeals provisions which address the election authority's responsibilities when counting ballots cast by punch card voting systems (Sections 115.449 & 115.456).
The time period that the election authority shall keep election ballots, records, and materials is extended from twelve months to twenty-two months (Section 115.493).
Currently when a candidate has originally filed for a recount of the votes or the ballot question with the secretary of state then the candidate who was defeated by less than one percent of the votes is allowed a recount by filing with the secretary of state. This act changes the standard to require that the candidate must be defeated by less than one-half of one percent for the candidate to receive a recount by the Secretary of State (Section 115.601).
These provisions are identical to provisions in HCS/SB 90 (2013), HCS/HB 199 (2013), and HCS/HB 348 (2013).
Current statute provides that all public administrators are to be elected in the county or city they serve. This act will make the St. Louis City public administrator an appointed position. The public administrator will be appointed by a majority of the circuit and associate circuit judges of the 22nd judicial circuit. The qualifications and requirements for this appointed position will be the same as those for elected public administrators (Sections 473.730, 473.733 & 473.737).
These provisions are identical to provisions in HB 163 (2013), and SCS/HCS/HB 110 (2013).