HB 1623 Modifies provisions relating to political subdivisions

     Handler: Schmitt

Current Bill Summary

- Prepared by Senate Research -


SS#2/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).

COUNTY COLLECTOR PROPERTY TAX BILLS (52.230 & 52.240)

Current law requires that collectors in certain counties mail resident taxpayers a statement of the property taxes the taxpayer owes at least thirty days before the taxpayer's taxes would be delinquent. This act extends this requirement to collectors in all counties, except for counties under township organization, which are subject to a different requirement.

The act also allows collectors in all counties, except for counties under township organization, to electronically send tax bills.

This act also prohibits taxpayers in these counties, who pay their property taxes by fifteen days after the delinquent date or fifteen days after the county collector certifies that the bill was mailed or transmitted, from being charged penalties or interest when the county collector certifies that the statement was not mailed or transmitted by the deadline.

These provisions are similar to SB 659 (2012).

COLE COUNTY AUDITOR DUTIES (55.160)

This act provides that the Cole County Auditor has a ministerial duty to approve all lawful accounts, demands, and claims for county funds. Other county auditors have discretion to approve lawful, true, just, and legal accounts, demands, and claims.

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)

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.

This act incorporates language similar to the perfected version of HCS/HB 1211.

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 are contained in SCS/HB 1504 (2012) and have an emergency clause.

BUCHANAN COUNTY THEATER DISTRICT (67.2500 & 67.2510)

This act adds Buchanan County and the cities, towns, or villages within Buchanan County to the list of governmental entities that are authorized to establish a Theater, Cultural Arts, and Entertainment taxing district.

This provision is identical to SB 465 (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).

DELINQUENT MUNICIPAL LICENSE TAXES (71.625)

This act provides that the provisions of law regarding interest, penalties, and the statute of limitations provisions from the state sales tax law generally apply to delinquent municipal license taxes.

ST. LOUIS BOUNDARY COMMISSION REVIEW (72.401)

Under this act, a voluntary annexation approved by municipal ordinance, provided that the municipality owns the area to be annexed, that the area is contiguous with the municipality, and that the area is utilized only for parks and recreation purposes, is not be subject to commission review.

FARMINGTON BALLOT INITIATIVE (77.080 & 77.085)

This act allows voters in the City of Farmington to propose an ordinance prohibiting smoking in certain areas and establishments via petition.

In order to petition for an ordinance, twenty-five percent of voters in the last preceding mayoral election must sign. The petition must contain the full text of the proposed ordinance.

The city clerk must review the petition to determine whether the requisite number of voters have signed and, and if so, certify the petition as sufficient. If the clerk finds the petition does not have the required number of valid signatures, the proponents have 10 days to fix it. If the amended version is insufficient, then it is returned to the proponents who may file a new petition.

Once certified, the petition is delivered to the city council, which may pass the ordinance within 20 days or may submit the ordinance to the voters at the next municipal election.

If approved by a majority of voters, the ordinance is adopted and cannot be amended or repealed except upon a vote of the people.

This procedure is modeled after the process to adopt an ordinance by petition provided under chapter 78 for other types of third class cities.

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.

TRANSIENT GUEST TAXES IN KANSAS CITY (92.338)

This act allows the Kansas City Council to pass an ordinance and seek voter approval to collect the city convention and tourism tax from hotel guests who are otherwise exempt by law from paying this tax and from paying state and local sales taxes.

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 affected taxing district within 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.

TIF REIMBURSEMENT FOR EMERGENCY SERVICES (99.848)

Under current law, ambulance districts and fire protection districts are entitled to reimbursement from a tax increment financing special allocation fund of 50 to 100 percent of the district's tax increment. This act provides that the ambulance district board or fire protection district board set the percentage of its reimbursement prior to any funds being deposited in the special allocation fund.

ENHANCED ENTERPRISE ZONE EXEMPTIONS (135.215 & 135.963)

This act specifies that the exemptions from assessment and payment of one-half of the taxes imposed on improvements to real property in enterprise zones or in enhanced enterprise zones only apply if the political subdivision or municipality levies ad valorem taxes.

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.

This provision is contained in SCS/HB 1504 (2012).

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).

SHELBY COUNTY BALLOT INITIATIVE (231.444)

This act adds Shelby County to the list of counties that may, by ordinance and upon approval by a majority of voters, levy and impose a tax not to exceed the rate of one dollar on each acre of real property classified as agricultural and horticultural property.

The proceeds must be deposited in the "Special Road Rock Fund" to pay for road rock to be placed on county roads.

RECREATIONAL OFF-HIGHWAY VEHICLES (301.010 & 304.033)

This act modifies the definition of recreational off-highway vehicle as found in Section 301.010. The width of a recreational off-highway vehicle is increased from 60 inches to 64 inches and the unladen dry weight of the vehicle is increased from 1,850 pounds to 2,000 pounds.

Under the act, recreational off-highway vehicles shall not be operated on highways except for:

(1) Governmental owned and operated recreational off-highway vehicles for official use;

(2) Recreational off-highway vehicles operated for agricultural purposes or industrial on-premise purposes;

(3) Recreational off-highway vehicles operated within three miles of the operator's primary residence. This exception shall not authorize the operation in a municipality unless the municipality authorizes the operation by permit;

(4) Recreational off-highway vehicles operated occasionally by handicapped persons for short distances only on the state secondary roads;

(5) Governing bodies of cities may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on highways within the city limits. Fees of $15 may be collected and retained by cities for such permits;

(6) Governing bodies of counties may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on county roads within the county. Fees of $15 may be collected and retained by the counties for such permits.

No person shall operate a recreational off-highway vehicle within any stream or river except by an operator who owns the property or has permission to be on the property on which the waterway flows through or when fording a low-water crossing.

A person operating a recreational off-highway vehicle on a highway shall have a valid operator's or chauffeur's license.

Under the terms of the act, an individual shall not operate a recreational off-highway vehicle upon on a highway in this state without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this state unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.

This provision is also contained in SCS/HCS/HB 1640 (2012).

MOTOR VEHICLES OWNED BY POLITICAL SUBDIVISIONS (301.260)

This act allows a municipality to display its identifying information on plates placed on both sides of its motor vehicles in lieu of displaying such information in lettering on the sides of the vehicles.

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 SPRINKLER CERTIFICATION (320.400 to 320.416)

This act allows contractors who engage in the installation of fire sprinkler systems or service fire sprinkler systems to apply for a certificate of registration. The registration statutes and rules have uniform effect throughout the state. Municipalities, counties, and other local governmental bodies are authorized to enact or enforce their own registration or licensing requirements.

The state fire marshal is given authority to promulgate rules. Such rules shall concern the procedure for filing an application, applicable fees, and procedures for reciprocity with other states.

A contractor that applies with the state fire marshal for a certificate of registration must pay an application fee. The fees will be deposited in the Fire Sprinkler Contractor Registration Fund. The act also sets out the requirements that a contractor must meet to obtain a certificate of registration.

Certificates of registration are valid for two years and are not transferable. A fee shall be charged for duplicate certificates or changes to a certificate. A contractor holding itself out as a certified fire sprinkler contractor must display its certificate in a conspicuous place in the contractor's business. The state fire marshal is obligated to send out written notice at least thirty days prior to a certificate expiring.

The state fire marshal shall not issue a certificate of registration unless the applicant files evidence of general liability insurance of not less than one million dollars per year for all occurrences.

The state fire marshal is authorized to file a disciplinary complaint against certified contractors for specific violations. After the Administrative Hearing Commission finds that grounds for discipline are met, the state fire marshal may place the contractor on probation, or suspend or revoke the contractor's certification.

The state fire marshal is authorized to seek an injunction against persons or organization holding themselves out as being certified when they do not hold a certificate of registration.

These provisions are similar to SB 860 (2012), HB 1904 (2012), SB 397 (2011), SB 927 (2010) and HB 2132(2010).

FIRE PROTECTION DISTRICT DIRECTORS IN CERTAIN COUNTIES (321.015)

This act adds the counties of Boone, Callaway, and Cole to the list of counties in which fire protection district directors may serve as a paid employees or officers of the state or any of its political subdivisions. The descriptions of other counties are reworded with no substantive effect to their descriptions.

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.

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).

APPOINTMENT OF CIRCUIT CLERKS (483.015)

This act requires that the circuit clerk for the nineteenth judicial circuit and twenty-second judicial circuit be appointed by a majority of the judges of that circuit. The circuit clerk shall be removable for cause by a majority of the circuit judges.

This provision is similar to SB 788 (2012) and HB 1560 (2012).

POLITICAL SUBDIVISION INSURANCE ASSOCIATIONS (537.635)

This act provides that an association formed to provide insurance to political subdivisions under section 537.620 shall be deemed a quasi-governmental public body subject to the provisions of the Sunshine Law. The act further provides that the association shall be entitled to close meetings, records, and votes as authorized in Chapter 610 to the extent that such meetings, records, and votes pertain to actuarial analysis, loss history, claims, data, reports, and similar information relating to the determination of member rates and contributions.

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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