SB 61 Enacts various provisions relating to local government
Sponsor: Keaveny
LR Number: 0529L.05C Fiscal Note: 0529-05N.ORG
Committee: Financial and Governmental Organizations and Elections
Last Action: 5/13/2011 - Requests to Recede or Grant Conference Calendar--SB 61-Keaveny, with HCS, as amended (Senate requests House recede and pass the bill) Journal Page:
Title: HCS SB 61 Calendar Position:
Effective Date: August 28, 2011
House Handler: Nasheed

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Current Bill Summary


HCS/SB 61 - This act enacts various provisions relating to local government.

COUNTY SHERIFF'S REVOLVING FUND

(Section 50.535)

This act specifies that the county sheriff's revolving fund may be used to pay for information and data exchange.

This provision is similar to a provision of SCS/HCS/HB 294 (2011) and HCS/SCS/SB 60 (2011).

CLERK OF A COUNTY COMMISSION

(Section 51.050)

Under current law, the clerk of a county commission must live in the county for six months prior to election. This act requires the clerk to live in the county for one year prior to election.

This provision is similar to a provision of SCS/HB 186 (2011), HCS/SB 282 (2011), HCS/HB 121 (2011).

COUNTY COLLECTORS

(Section 52.010)

County collectors are required to be 21 years old, a resident of the county in which he or she is a candidate for at least one year prior to filing for office and remain a resident of the county in which he or she is elected throughout his or her term of office. Candidates for such office are required to present the election authority with a signed affidavit from a surety company indicating that the candidate meets the statutory bond requirements for the office.

This provision is similar to a provision of HCS/SB 282 (2011).

COUNTY COLLECTOR-TREASURERS

(Section 54.033, 54.330)

Currently, the county commission is required to appoint an interim treasurer in the event of a vacancy of the office except in counties with a charter form of government. This act creates the same exception for counties having a township form of government for the office of collector-treasurer.

County collector-treasurers are required to be 21 years old, registered voters, current in the payment of all state income and personal and real property taxes, a resident of the county in which he or she is a candidate for at least one year prior to filing for office and remain a resident of the county in which he or she is elected throughout his or her term of office. Candidates for such office are required to present the election authority with a signed affidavit from a surety company indicating that the candidate meets the statutory bond requirements for the office. Collector-treasurers shall have the sole authority to appoint deputies.

These provisions are similar to a provision of HCS/SB 282 (2011).

COUNTY RECORDER

(Sections 59.021 and 59.022)

This act establishes qualifications and appointment procedures for county recorders where the offices of the court clerk and recorder of deeds are separate. These provisions do not apply in the city of St. Louis or charter counties.

The county recorder must be at least 21, a registered voter, and a resident of the state or county in which he or she is a candidate for a least one year prior to the general election. If elected, the recorder must continue to be a resident while in office.

These provisions are similar to SCS/SB 374 (2011) and SCS/HB 186 (2011).

COMMUNITY IMPROVEMENT DISTRICTS

(Section 67.1521)

This act specifies that county collectors may add each special assessment for community improvement districts to the annual real estate bill for the property and collect the assessment in the same way that real estate taxes are collected.

ST. LOUIS POLICE FORCE

(Section 84.010, 84.220, 84.343, 84.344, 84.345, 84.346, 84.347, 84.348, 84.349, 86.200, 86.213)

This act modifies provisions relating to the St. Louis police force.

Under this act, no officer, employee, or representative of a St. Louis police force may engage in certain activities with a licensed dealer or private seller of firearms. These acts are punishable as a Class D felony.

In addition, this act prohibits an officer or employee of a St. Louis police force from taking certain political actions. Violations may result in a fine of $50 to $500 and imprisonment of not more six months.

This act allows the City of St. Louis to establish a municipal police force after certain conditions have been met and according to certain procedures. The terms of the commissioners of the board of police shall expire upon the establishment of the police force and several provisions of current law shall no longer apply to the city or its municipal police force, but the act shall not be construed as changing the retirement benefits provided under current law.

Upon the establishment of a municipal police force, title and ownership of all indebtedness and assets controlled by the St. Louis board of police commissioners shall immediately pass to the city.

The municipal police force shall initially employ, without a reduction in rank, salary, or benefits, all commissioned and civilian personnel of the board of police commissioners.

The residency rules established by the board shall apply to the commissioned and civilian personnel of the board who transfer to the new police force, but the city may enforce any residency rule for those hired after the transfer.

Under this act, the city may adopt rules for the police force, but disciplinary decisions shall be governed by the civil service commission's rules. The commission shall issue decisions in appeals of disciplinary actions, which shall be subject to appeal.

This act requires the city to recognize the collective bargaining representatives of both commissioned police officers and sergeants and any collective bargaining agreement between the board and the workers' associations.

In addition, the city must provide or contract for certain benefits. Health, medical, and life insurance must be available for purchase by the spouses or dependents of deceased retired officers and employees who receive benefits from the Police Retirement System of St. Louis.

This act requires the city to create a transition committee to coordinate and implement the transition of the police force to the city.

The state shall continue to provide legal representation to the board regarding, and the state legal expense fund shall continue to reimburse, claims against the board of police commissioners. Venue for any action against the city involving the municipal police force will be in the St. Louis city judicial circuit.

This act provides that the city shall not be restricted in any way in the selection of a police chief. Under this act, the police chief may require the city's sheriff and other law enforcement officers to act under the chief's control when needed.

This act further provides that any person who acts as a private watchman, private detective, or private policeman in St. Louis without having obtained a written license is guilty of a Class A misdemeanor.

The provisions of the act regarding the creation of the municipal police force are nonseverable, so any court decision that invalidates one provision would invalidate all the provisions.

This act modifies the definition of "earnable income" and "police officer" for purposes of the St. Louis police retirement system to remove references to Section 84.160 which will expire upon passage of this act. "Earnable compensation" shall include any compensation for academic work and shift differential that may be provided by any official or board that manages the police force.

Also, the president of the Board of Police Commissioners is removed from the board of trustees for the St. Louis police retirement system.

These provisions are similar to SB 23 (2011) and HB 71 (2011).

CANDIDATES FOR PUBLIC OFFICE

(Section 115.342)

Candidates for public office (with the exception of those in special districts, townships, cities, towns, or villages) are required to declare under penalty of perjury that they are not aware of any information that would prohibit the candidate from fulfilling any bonding requirements. Such individuals filing for an election with a bonding requirement shall file an affidavit from a surety company indicating that the candidate meets the bonding requirements for the office with the department of revenue.

This provision is similar to HCS/SB 282 (2011).

PURCHASERS OF PROPERTY SOLD FOR DELINQUENT TAXES

(Section 140.410)

This provision requires someone who purchased land that was sold for delinquent taxes to pay all subsequent taxes within two years of the date of sale before a collector's deed may be issued. If the purchaser forfeits the rights they acquired to the property with the certificate of purchase, then the collector is required to record the cancellation of the certificate of purchase in the recorder of deeds's office.

STATE TAX COMMISSION

(Section 140.660)

This act repeals a provision that allows the state tax commission to prescribe the form of all certificates, blanks and books required under the law regarding the collection of delinquent taxes and decide questions about the interpretation of the law regarding the powers and duties of county or township tax officers.

COMMERCIAL MOTOR VEHICLES IN EXCESS OF TWELVE THOUSAND POUNDS

(Section 301.130)

This provision allows an applicant for registration of a property-carrying commercial vehicle to request two license plates for the vehicle.

CONDEMNATION COMMISSIONERS

(Section 523.040)

This act requires that in St. Louis City, St. Louis County, and Jackson County at least one of the three commissioners appointed by the court in condemnation proceedings be either a licensed real estate broker, or a licensed or certified real estate appraiser.

This act is similar to SB 776 (2010) and HB 1973 (2010).

PNEUMATIC GUNS

(Section 1)

This provision prohibits political subdivisions from enacting or enforcing any order or ordinance that prohibits the use of pneumatic guns at facilities approved for shooting ranges on other property where firearms may be discharged, or on private property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.

OPEN CARRY

(Section 2)

This provision allows the Attorney General to create a website that publishes the names of municipalities and counties that do not allow the open carry of firearms.

EMILY KALMER

HA 1 - THIS AMENDMENT EXEMPTS VOLUNTARY ANNEXATIONS APPROVED BY MUNICIPAL ORDINANCE OF CERTAIN MUNICIPALITIES FROM REVIEW OF THE BOUNDARY COMMISSION IN ST. LOUIS COUNTY.

THIS AMENDMENT IS SIMILAR TO A PROVISION OF HCS#2/HB 889 (2011).

HA 2 - THIS AMENDMENT CHANGES THE LANGUAGE REGARDING THE ST. LOUIS POLICE FORCE BY PROVIDING THAT THE CITY MAY ONLY ESTABLISH A MUNICIPAL POLICE FORCE ON OR AFTER JAN. 1, 2012 (84.346.1);

REQUIRING THE CITY TO ADOPT AN ORDINANCE REGARDING ITS ROLE AS A SUCCESSOR-IN-INTEREST PRIOR TO ESTABLISHING A POLICE FORCE (84.346.4);

REQUIRING THE POLICE BOARD TO TRANSFER ALL ITS PROPERTY AND OBLIGATIONS BEFORE THE POLICE FORCE MAY BE ESTABLISHED (84.346.2); AND

MOVING SUBSECTIONS 2 AND 3 OF 84.345 TO SUBSECTIONS 2 AND 3 OF 84.346.

REMOVING ALL PROVISIONS REGARDING COLLECTIVE BARGAINING (SUBSECTIONS 1-2 & 6-8 OF 84.346, 84.347.3);

PROVIDING THAT THE STATE SHALL NOT CONTINUE TO PROVIDE LEGAL REPRESENTATION TO THE BOARD AND THE STATE LEGAL EXPENSE FUND SHALL NOT CONTINUE TO REIMBURSE CLAIMS AGAINST THE BOARD (84.347.2); AND

PROVIDING FOR THE EVENT THAT THE STATE OR A STATE OFFICIAL IS ORDERED TO SATISFY PENSION OBLIGATIONS OF THE ST. LOUIS POLICE RETIREMENT SYSTEM WITH STATE FUNDS (86.371).

HA 3 - THIS AMENDMENT PROHIBITS THE CHIEF OF POLICE FROM ENGAGING IN CERTAIN SPECIFIED POLITICAL ACTIVITIES. ANY PERSON WHO VIOLATES THE PROHIBITION FACES IMMEDIATE FORFEITURE OF HIS OR HER OFFICE. THIS PROVISION OF THE ACT IS SEVERABLE, SO ANY COURT DECISION THAT INVALIDATES THIS PROVISION WOULD NOT INVALIDATE ALL THE PROVISIONS.

PROVISIONS RELATING TO THE HEARINGS PROCESS FOR DISCIPLINARY PROCEEDINGS ARE AMENDED.

IN ADDITION, THIS AMENDMENT REMOVES THE MAYOR'S ABILITY TO APPOINT THREE MEMBERS TO A TRANSITION COMMITTEE. INSTEAD, THE POLICE CHIEF OF THE MUNICIPAL POLICE FORCE, THE CITY’S DIRECTOR OF PUBLIC SAFETY AND A RETIREE APPOINTED BY A POLICE OFFICER’S ASSOCIATION SHALL SERVE ON THE TRANSITION COMMITTEE.

THE MAYOR'S APPOINTMENTS TO THE ST. LOUIS POLICE RETIREMENT SYSTEM BOARD OF TRUSTEES IS DECREASED FROM THREE TO TWO UNDER THIS AMENDMENT, AND THE MAYOR IS PROHIBITED FROM APPOINTING THE POLICE CHIEF, THE CITY'S PUBLIC SAFETY DIRECTOR, OR THE PRESIDENT OF THE BOARD OF POLICE COMMISSIONERS. THE NUMBER OF RETIREES ON THE BOARD IS INCREASED FROM TWO TO THREE.

NO ELECTED OR APPOINTED OFFICIAL OF THE STATE OR A POLITICAL SUBDIVISION MAY INTERFERE WITH ANY MEMBER OF THE ST. LOUIS POLICE FORCE IN THE PERFORMANCE OF HIS OR HER JOB DUTIES OR IN ANY INVESTIGATION OR ELSE FACE A PENALTY OF $2,500 AND DISQUALIFICATION FROM OFFICE UNDER THIS AMENDMENT.

THIS AMENDMENT ALSO MAKES IT AN UNLAWFUL EMPLOYMENT PRACTICE TO TAKE CERTAIN ADVERSE EMPLOYMENT ACTIONS AGAINST AN EMPLOYEE OF THE ST. LOUIS POLICE FORCE FOR REPORTING THE ILLEGAL CONDUCT OF A CO-WORKER. ANY MEMBER OF THE POLICE FORCE MAY SUE FOR DAMAGES UNDER THIS PROVISION.