SB 0715 Changes and creates provisions relating to counties
Sponsor:Childers Co-Sponsor(s)
LR Number:2789S.10P Fiscal Note:2789-10
Committee:Economic Development, Tourism & Local Government
Last Action:05/14/04 - H Calendar S Bills for Third Reading Journal page:
Title:SS SS SCS SB 715
Effective Date:August 28, 2004
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Current Bill Summary

SS/SS/SCS/SB 715 - This act modifies the classification of counties. The assessed valuation necessary to qualify as a first class county is increased from the current $450 million to $600 million. The assessed valuation necessary to qualify as a second class county is increased from the current $300 million to $450 million. No county will move to a lower classification than its current classification as a result of the changes in the assessed valuation requirement, however, such a county may move to a lower classification after five years at a level below the requisite amount for the counties current classification. (Section 48.020 & 48.030)

The act allows any county that has the requisite assessed valuation to become a first class county to choose to do so upon an affirmative vote of the county's governing body, even though the county has not had such valuation for five successive years as required under current law. (Section 48.030)

The act authorizes Jasper and Cass County to adopt rules, regulations, or ordinances to impose a civil fine of not more than $1000 per violation for certain misdemeanors. The appointed county counselor prosecutes such violations. Fines collected pursuant to this act shall be paid into the county general fund to be used to pay for the cost of enforcement of such offenses. Currently, only Boone County has such authorization. (Section 49.272)

The act allows county officials' salaries to be computed on an assessed valuation basis without regard to modifications because of the existence of enterprise zones. (Section 50.343)

This act authorizes county commissions to establish by ordinance or order a "County Law Enforcement Restitution Fund", which shall be under the supervision of a board of trustees with certain requirements for the composition of membership. The money in the fund can only be used for certain law enforcement purposes such as narcotics investigation, prevention, and intervention, the purchase of equipment, and other related expenses. The county commission may not reduce an law enforcement agency's budget as a result of money that it receives from the fund. (Section 50.550 and 50.565)

This act allows the court to order payment to a statutorily created fund for costs incurred as a result of an offender's actions. The performance of free work ordered by the court may be performed for offender treatment programs, work release programs in local facilities, and community-based residential and nonresidential programs.

This act establishes that the court may specifically order payment to a county law enforcement restitution fund and the money can only be used for the purposes provided for in statute. No court may order payment under this section if a person pleads guilty to a charge of speeding, careless and imprudent driving, traffic control signal or sign violations, or any charge that is a Class C misdemeanor or infraction. No payment under this section may exceed $300. A judge may only order payment to a fund if it has been created by ordinance or resolution and cannot have authority or control over the fund. This act requires a hearing before a person's probation can be revoked for failure to pay to the fund. (Section 559.021)

The act authorizes county treasurers in counties of the third and fourth classification to issue payroll checks before the filing of the county budget estimates. (Section 50.740)

This act requires the designated commissioner of the county commission and the county highway engineer to serve on the Cass County planning board in non-voting, advisory roles. (Section 64.215)

This act allows flexibility in the type of security that may be accepted in lieu of full completion of required infrastructure improvements in subdivisions prior to the plat being recorded by allowing securities beyond surety bonds (e.g. cash bonds). (Section 64.825)

This act enables Cole and Boone counties to enact ordinances for the purpose of abating trash, weeds, and derelict items from a piece of property. Current law enables this for only Jefferson County. (Section 67.402)

This act creates the "Exhibition Center & Recreation Facility District Act". The act enables citizens of Jefferson, Camden, Miller, Morgan, Jasper, Newton, Buchanan and Wright counties to petition to create an exhibition center & recreation facility district. At least fifty property owners in the county must sign the petition.

The petition must include the petitioners names, a description of the district's boundaries, and the name of the proposed district. Once the petition is filed, the governing body may approve a resolution to create the district. Following a public hearing, the governing body may adopt an order establishing the proposed district.

A board of trustees is created to administer any district created and the expenditure of revenue that accompanies such district. The governing body of each county within the district shall appoint four residents from the portion of the county within the district to serve on the board. At least one member of the board shall be the owner of a business in the district and at least one member shall be the owner of a lodging facility in the district; such members may or may not live in the district. The remaining two members must reside in the district. The board will have the power to have a seal, sue and be sued, enter into contracts or other agreements affecting the affairs of the district, to borrow money, to issue bonds, to acquire and dispose of real and personal property, to refund bonds without an election, to manage the affairs of the district, to hire agents, and to amend and adopt bylaws.

The district may submit to its voters a sales tax of one- quarter of one percent. The act includes ballot language to that effect. The act also includes the creation of a fund to receive such sales tax revenue and instructs the director of revenue to authorize disbursements to the district. The act allows for an extension of the tax if the extension is approved by the voters in the district.

Current law enables the creation of regional recreation districts. This act would permit Boone county to establish a regional recreation district on undeveloped property if all persons owning property within the proposed district consent and there are no eligible qualified voters residing within the district. Otherwise, the eligible and qualified voters of the district would approve the formation of the district by a public vote. The act also permits a sales tax to be submitted for a vote for the district under similar terms as above. (Sections 67.793, 67.799, and 67.2000)

The act makes the duty of the districts open for the development, operation and maintenance of a system of parks and trails. Nothing shall restrict the districts from entering into or initiating projects dealing with parks that are not necessarily connected to trails.

This act goes on to state that the district shall not substitute for the powers and responsibilities of other conservation and environmental regulatory agencies. This act specifically states that nothing in the statute shall authorize the district to regulate water quality, watershed or land use issues in the counties comprising the district.

The act states that each county shall establish its own process for awarding grant proceeds to its municipalities for park purposes provided the purposes of such grants are consistent with the purpose of the metropolitan district. (Sections 67.1706 & 67.1754)

This act enables Saint Charles County to establish a theater, cultural arts, and entertainment district. The sales tax in the district shall be up to one-half of one percent. The act establishes minimum criteria for the formation of the district, including land area, and petition requirements.

The district will be controlled by a board of directors, the number of which must be specified in the petition. The act lays out criteria for the board of directors. The board has various powers, including the power to issue bonds. The bonding power is provided in detail in the act.

Public meetings regarding the formation of the district must take place before the governing body of the county can put the proposal to a vote of the people in the proposed district. Once the governing body of the county approves a resolution to establish the district, a vote is authorized. After it is approved, the district shall be formalized by an ordinance from the governing body.

The act allows for subdistricts in the district that may oppose the creation of the district and thereby avoid the sales tax to support the district. The act establishes a procedure for forming a governing body for a subdistrict.

If there are no registered voters in a subdistrict, one or more property owners who collectively own one or more parcels of real estate comprising at least a majority of the land situated in the proposed subdistricts within the proposed district may file a petition with the circuit court requesting the creation of a theater, cultural arts, and entertainment district. The circuit clerk of the county in which the petition is filed pursuant to this section shall present the petition to the judge, who shall set the petition for hearing. The court shall hear the case without a jury. If the court determines the petition is defective or the proposed district or its plan of operation is unconstitutional, it shall refuse to incorporate the district. If the court determines the petition is not legally defective and the proposed district and plan of operation are not unconstitutional, the court shall order an election for voter approval and certify the questions to the circuit clerk.

The act contains ballot language for the formation and possible dissolution of the district. In the event that a district is dissolved, the act contains provisions to govern such dissolution.

The sales tax is to be collected by the municipality and placed into a special trust fund for the purposes of the district. The act also contains sourcing language for the treatment of out-of-district purchases. (Sections 67.2500, 67.2505, 67.2510, 67.2515, 67.2520, 67.2525. 67.2530)

In accordance with this act, cities and towns may only impose requirements for the posting of bonds or escrows for subdivision-related improvements. In lieu of completion of work and installations prior to the final approval of a plat, the council will accept, at the option of the developer, an escrow secured with cash, an escrow secured with an irrevocable letter of credit, or a surety bond, provided the surety bond must be issued by a surety bonding company with a reasonably acceptable bond rating.

Under this act, regulations shall provide that in the event a developer, who has posted a bond or an escrow with the city, transfers title of the subdivision property prior to full release, the municipality will accept a replacement escrow from the successor. The city will accept a replacement in the amount held by the city at the time of the property transfer. Upon receiving the replacement escrow, the city shall fully release the original escrow or bond and the prior developer from all obligations associated with the subdivision improvements.

The regulations shall provide that any escrow or bond amount on each component of the improvements or utilities shall be released within thirty days of completion minus a maximum retention of five percent which shall be released upon completion of all improvements and utility work. The city shall inspect each category of improvement or utility work within twenty days after a request for such inspection. If the city or town has not released the escrow funds or bond amount within 30 days or timely inspected the improvements, the city shall pay interest.

Kansas City is exempt from this act.

This act includes "bond amount" where the statute previously referred only to "escrow funds." (Section 89.410)

The act enables the city of Hermann to enact a transient guest tax. The provisions of the tax would follow the common transient guest tax provisions in existing law. These provisions include a maximum tax of 5% and require that the measure be put to a vote of the people. (Section 94.837)

This act includes uncontested elections for trustees for community college districts within a provision of law that provides for no election when the number of candidates equals the number of positions available. (Section 115.124)

This act establishes the percentage of property tax collections that are deposited in the county assessment fund. The percentage of all property tax collections shall be one- half of one percent for all counties of the first and second classification and one percent for counties of the third and fourth classification. An additional one-eighth of one percent shall be deducted from tax collections and deposited in the county assessment fund in counties of the first classification and counties with a charter form of government, and an additional one-quarter of one percent shall be deducted from tax collections and deposited in the county assessment fund in counties of the second, third, and fourth classification. Such additional amounts shall not exceed $100,000 in any year for any county of the first classification and any county with a charter form of government and $50,000 for any county of the second, third, and fourth classification.

The act requires the state tax commission to conduct a study to determine the impact of increased fees on assessed valuation four years after the effective date of this act.

Any increase provided for in this act shall be disallowed in any year the state tax commission certifies that the equivalent sales ratio for the county is less than or equal to 31 2/3 percent.

This part of the act will expire on December 31, 2009. (Section 137.720)

This act revises various provisions relating to emergency services which include the following:

The act removes Section 190.044, RSMo. (Section 190.044)

The act provides requirements to be a candidate for Ambulance District Director are revised. (Section 190.050)

The act provides procedures for changes in the number of directors in a district and the recall of directors are created. (Sections 190.051)

The act states that any person or entity that owns an automated external defibrillator used outside of a health care facility must have a physician review all protocols. (Section 190.092)

In this act, current law requiring the presence of a mobile emergency medical technician when transporting a patient is deleted. (Section 190.094)

In this act, a definition is added for "emergency medical technician- intermediate", "proof of financial responsibility", "and "specialty care transportation". (Section 190.100)

In this act, membership on the State Advisory Council on Emergency Medical Services is increased to sixteen, with one member from St. Louis city. (Section 190.101)

With certain exceptions, each ground ambulance must be staffed by two licensed emergency medical technicians. Owners of a ground or air ambulance service must notify the Department of Health and Senior Services within 30 days of the sale of the service and the Department shall conduct an inspection of the service to ensure compliance with licensure standards. (Sections 190.105 and 190.108)

This act revises application requirements for an ambulance license. (Sections 190.109 and 190.120)

This act requires ambulance service providers to show proof of insurance or of financial responsibility with adequate reserves. (Section 190.120)

The act requires the Department to accredit or certify training for emergency medical technicians-intermediate. (Section 190.131)

Under this act, emergency medical response agencies in certain counties may be licensed to provide advanced life support services with services of EMT-Is. (Section 190.133)

This act removes the provision regarding patients transported in vehicles other than ambulances. (Section 190.142)

Under this act, provided the person meets other current requirements for a temporary license, a person not currently licensed as an emergency medical technician in Missouri may be issued a 90-day temporary license. (Section 190.143)

Licensees with lapsed licenses may request a return to active status within two years of the lapse. (Section 190.146)

Under this act, additional compliance for licensure renewal and additional causes for discipline of an ambulance license are created. Any individual whose license has been revoked twice in ten years shall not be eligible for a new license. (Sections 190.160, 190.165, and 190.171)

Any settlement agreement in a contested case against a licensee must be submitted to the administrative hearing commission for its approval. Any person directly harmed by the actions of a licensee may submit an impact statement to the Commission. (Section 190.172)

This act requires a patient care document be given to ambulance personnel by a health care facility for any transfer of the patient to a different facility. (Section 190.175)

This act creates additional requirements for the promulgation of departmental rules. (Section 190.185)

This act creates requirements regarding the reporting of certain felonies by licensees to the Department. (Section 190.196)

This act creates provisions regarding the use of epinephrine auto-injectors. (Section 190.246)

This act requires that any investigation into the violation of emergency services regulations be completed within six months with full departmental access to records. (Section 190.248)

This act adds provisions regarding ambulance services and hospital liens. (Section 190.250)

The act provides three options for counties to levy a tax for 911 telephone services. (Sections 190.300, 190.304, 190.305, 190.310, 190.312, 190.335, 190.430, 650.320, 650.330)

The act clarifies that a municipality in Christian County may continue to operate an emergency telephone service in the event the county also establishes a service or has been reclassified into a higher classification. (Section 190.306)

This act provides that a joint municipal public safety communications is a political subdivision and its employees will be considered eligible for membership in the Missouri Local Government Employees' Retirement System. (Section 190.331)

The act creates procedures for the issuance and discipline of a new license category for stretcher van services to transport persons in a supine position who do not require medical monitoring or treatment other than self- administered oxygen. (Sections 190.525 to 190.537)

Under this act, any person who violates the provisions of Sections 190.525 to 190.527 shall be guilty of a Class B misdemeanor. (Section 190.534)

Should an emergency health care worker be exposed to a potentially infectious disease, the person to whom the worker was exposed is deemed to consent to testing for such disease. Notification procedures are outlined. The employer must pay testing costs. (Sections 191.630 and 191.631)

Under the current law, a county may collect a fee, not to exceed $3, for a special use permit. Under this act, the use permit fees imposed by a county shall be calculated and administered using the criteria outlined in sections 67.1840 and 67.1842. The special use permit fees shall not be imposed on a public utility right-of-way user for uses governed by the provisions of sections 67.1830 through 676.1846. (Section 229.340)

The act allows law enforcement agencies to charge individuals in Greene County a fee upon being arrested and processed at the county jail. The fee will be figured by a formula in order to recoup costs of the processing. (Section 221.070)

This act provides that all initial recording fees necessary to establish a sewer or water district shall be payable when the district is awarded grants or loans necessary for construction. (Sections 247.040 & 250.055)

This act directs the liability for delinquent payments towards the consumer who contracted for the service. The act adds water services to Section 250.140, which provides that certain services are deemed to be furnished both to the occupant and owner of the premises and notice of termination must be sent to both the occupant and owner of premises. The changes also provide that civil action can be taken to recover money, but it cannot include any deposit held by the city or town (Section 250.140)

This act makes landfill fees in Johnson County go into the county general revenue fund, and thus controlled by the county commission as the governing body of the county. Currently, all the counties must have the money collected from landfill fees dedicated to use by the industrial development authority for the purposes of economic development. (Sections 260.830 & 260.831)

The act authorizes counties of the second, third, or fourth classification to set by ordinance countywide speed limits on roads within the county which are maintained by the county. The maximum speed limit set by the county commission of any county of the second, third, or fourth classification for any road under the commission's jurisdiction shall not exceed 55 miles per hour if the road has signs or 50 miles per hour if the road does not have signs. (Section 304.010)

This act adds a provision which prohibits any county, city, or political subdivision of the state from imposing a requirement for financial responsibility on petroleum storage tanks. The provision preempts such requirements enacted after December 31, 2004. (Section 319.108)

This act revises the qualifications of candidates for fire protection district directors in third and fourth class counties. A candidate must reside in the district for two years before the election or appointment. Currently, the candidate must reside in the county in which the district is located for two years. A candidate for director in a newly formed district must reside in the district for one year before the election or appointment. (Sections 321.130 and 321.180)

The Department of Revenue will collect and distribute the revenue from the district sales tax monthly at the cost of one percent the total revenue collected. After collecting and distributing the sales tax, the board of the ambulance or fire protection district will determine its budget for the year and determine the amount of property tax necessary to fund the district. The district may then reduce the tax rate by an amount which reduces the property tax revenue by an amount equal to fifty percent of the previous fiscal year's sales tax receipts.

When the governing body of the ambulance or fire protection district receives a petition signed by at least twenty percent of the qualified voters that voted in the last gubernatorial election, calling for an election to repeal the sales tax, the governing body will submit the question to the voters. (Sections 321.554 through 321.556)

This act removes St. Charles from the counties which are exempted from the sections authorizing a sales tax for fire and ambulance districts, providing for an adjustment in the total operating levy of the district based on the sales tax revenue, and repealing a sales tax for such purposes. (Sections 321.552, 321.554. and 321.556)

This act modifies Section 393.015 RSMo, first by enabling water companies to contract with sewer providers to terminate water services to any water user who has not paid a sewer bill. This act awards immunity from civil liability to any water company disconnecting service at the behest of a sewer company via a water termination agreement.

This act allows sewer companies to file a request with the Public Service Commission if the request made to the water company has not been honored within the 6 month time frame; the PSC would then draft such an agreement between the two companies. Under this act, three commissioners shall be appointed by the companies to draft the termination agreement.

The provisions in any water termination agreement drafted by the PSC are as follows:

- The rules and regulations of the sewer provider shall provide the number of delinquent days that are required before water service is discontinued for failure to pay a sewage bill.

- The sewer provider must first provide written notice to the water provider before service is discontinued - that notice shall include both the date and amount due on the delinquent bill.

- All reasonable expenses incurred by the water provider in carrying out the water termination agreement shall be reimbursed by the sewer provider.

- Water companies carrying out these agreements shall be held harmless as a result of carrying out the agreement.

- Related costs to the water provider shall be recalculated annually.

- Payments received as a result of these agreements shall be received by the water company before service is restored. If service is never restored, any amount collected for delinquent accounts shall be equally divided between the water and sewer companies.

This act allows both the sewer and water companies to present evidence and information to the PSC before such an agreement is drafted, provided each company receive prior notice of the hearing from the PSC. Once an agreement is drafted under this act, the PSC shall submit the agreement to the appropriate circuit court and a decision as to the approval of said agreement shall be issued therein. If an agreement is not approved, the PSC shall then submit a revised agreement to the court for reconsideration. All court decisions are subject to appeal and all costs incurred in the process shall be paid by the sewer provider requesting the agreement. (Sections 393.015 & 393.016)

This act provides an alternative method for issuing certain utilities revenue bonds. Current law requires that the issuance be put to a vote of the people. With this act, for the purposes of purchasing or leasing, constructing, installing, and operating reservoirs, pipelines, wells, check dams, pumping stations, water purification plants, and other facilities for the production, wholesale distribution, and utilization of water, the municipal water commission may provide for a vote by the governing body of each contracting municipality. Such vote shall require the approval of three- quarters of all governing bodies of the contracting municipalities. The commission must receive an engineers report, and provide a public hearing prior to the issuance. (Section 393.760)

This act removes the provision stating that Kansas City municipal judges and court personnel are not subject to court management and case docketing by the presiding judge or rules of the circuit court. (Section 479.020)

This act Allows Cass County to establish a courthouse restoration fund. (Section 488.447 and 488.2275)

The act authorizes the use of money from the "Inmate Security Fund" to be used for biometric verification systems to ensure that inmates can be properly identified and tracked within the system. Currently, the fund may be used for "biometric measures" only. After installing the biometric verification system, money in the fund may be used for maintenance of the systems and expenses related to housing prisoners. (Section 488.5026)

The act allows law enforcement officers in Greene County to charge a sexual offender a $10 initial registration fee for processing. The officers will charge a $5 fee to the offender for each subsequent change made after the initial registration. (Section 589.400)

In addition to amounts authorized prior to August 28, 2004, this act authorizes the Board of Fund Commissioners to issue bonds for grants and loans pursuant to several sections of Article III of the Missouri Constitution. The authorizations are for:

(1) $10 million of bonds for waste water pollution control, drinking water system improvements, and storm water control pursuant to Section 37(e);

(2) $10 million of bonds for rural water and sewer projects pursuant to Section 37(g); and

(3) $20 million of bonds for storm water control plans, studies, and projects in first classification counties and the City of St. Louis pursuant to Section 37(h). (Sections 644.581, 644.582, 644.583)

New language allows the Director of the Department of Health and Senior Services to levy fines pursuant to Sections701.300 to 701.338. All fines shall be deposited into the Public Health Services Fund. In commercial lead production areas where the Department determines that in any dwelling an individual has an elevated blood lead level due directly to lead paint, the owner of the dwelling shall make a good faith effort to abate the lead paint. Upon completion of the good faith efforts, the owner of the dwelling shall not be subject to any fines issued pursuant to this section. (Section 701.304)

The Department of Health and Senior Services shall provide on its Internet website educational materials that explain the rights and responsibilities of the property owners, tenants, lead inspectors, risk assessors, and lead abatement contractors. (Section 701.305)

Representatives of the Department, local government or health departments have the authority to re-enter a dwelling or a child-occupied facility to determine if the required actions have been taken. If the representative does not have consent to enter, they may petition the court for an order to enter the premises. An order shall be granted upon a showing that the representative attempted to notify the dwelling's owner in writing and 48 hours in advance of the time and purpose of the re-entry.

Upon re-entry, if the lead hazard has not been reduced, the Department or representative may report any violation of Sections 701.300 to 701.338, RSMo, to the prosecuting attorney of the appropriate county. In addition, the court may impose a fine in an amount which shall reflect the seriousness of the threat to human health. However, this amount shall not exceed $10,000. The fine shall not be less than $5,000 if the owner has failed to reduce the identified lead hazard upon proof that (1) the owner has been notified that a child 6 and under in his property has an elevated blood lead level; (2) re-entry revealed that the required actions to reduce the lead were not taken; and (3) another occupant or child in his dwelling is identified with an elevated blood lead level. (Section 701.308)

Any lead abatement contractor that fails to notify the Department prior to starting a lead abatement project will be fined $1,000 for the first identified offense, $2,000 for the second identified offense, and thereafter fines will be double for each identified offense. The lead abatement contractor shall inform the owners and tenants of a dwelling that information regarding potential lead hazards can be accessed on the Department's internet website. Once the abatement has been completed, the lead abatement contractor must submit written notification and the final clearance inspection report to the Department. (Section 701.309)

If the Department revisits an abatement project because a contractor is not present or is in violation of Sections 701.300 to 701.338, RSMo, or any regulations, the lead abatement contractor must pay a fee of $150 per revisit. In addition, the Department may assess a fine not to exceed $1,000 for the first violation and $5,000 for each subsequent violation against any inspector, risk assessor, lead abatement worker, lead abatement supervisor, project designer, or contractor licensed by the Department. For continuing violations, every day the violation continues to occur shall be deemed a separate violation. (Section 701.311)

The Director shall require lead abatement contractors to purchase and maintain liability insurance. Licensees or applicants for licensure must provide evidence of their ability to indemnify any person that may suffer damage from lead-based paint activities to which they may be liable. The licensee or applicant for licensure may provide proof of liability insurance in an amount to be determined by the Department, which shall not be less than $300,000 dollars. (Section 701.312)

Local community organizations, government agencies, and quasi-government agencies that issue grants or loans for lead abatement projects must provide written notification to the Department no later than ten days prior to the onset of a project. The failure to provide written notification will result in a fine of $250 dollars levied by the Department. In emergency situations, the community organization, government agency, or quasi-government agency must notify the Department within 24 hours of the onset of a lead abatement project and provide written notification to the Department within 5 days. (Section 701.313)

Current law specifies that any violation of Sections 701.308, 701.309, 701.310, 701.311 and 701.316 is a Class A misdemeanor. New language states that any subsequent violation of these sections will be a Class D felony. (Section 701.320)

The Departments of Health and Senior Services and Social Services, along with related not-for-profits, American Academy of Pediatrics, HMOs, and the MO Consolidated Health Care Plan, shall devise a 3-year educational strategy designed to increase the number of children on Medicaid that are tested for lead poisoning. The goal of the strategy is to have 75% of the children tested by August 28, 2008.

The Department of Social Services must seek Medicaid waivers for the funding of lead cleaning treatments and lead reduction measures in the properties of Medicaid recipients. The Department will coordinate with the Department of Health and Senior Services to ensure that priority homes receive the appropriate funding and that risk assessments are conducted to identify lead hazards in properties. (Section 701.336)

The Department of Social Services, in collaboration with the Department of Health and Senior Services, must ensure that all children between the ages of 6 months and 6 years who are in foster care in high risk areas are tested annually for lead poisoning. The costs of the testing will be paid through the state Medicaid program. If any child in foster care in a high risk area is not Medicaid-eligible, the costs of the testing shall be paid by the state. (Section 701.342)

Sections 48.020 and 48.030 have an emergency clause.