HB 199 Modifies the law relating to elections

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Current Bill Summary

- Prepared by Senate Research -


SS/HCS/HB 199 - This act modifies the law relating to elections.

VEHICLE SALES TAX (32.087, 144.020, 144.021, 144.069, 144.071, 144.440, 144.450, 144.455, 144.525, 144.610, 144.613, 144.615)

This act eliminates both state and local use taxes on the storage, use or consumption of motor vehicles, trailers, boats, or outboard motors. This 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 from a source other than a licensed Missouri dealer. 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.

These provisions carry an emergency clause and are similar to provisions in SS/HCS/HB 1329 (2012), HCS/HB 2100 (2012), and HCS/SCS/SB 591 (2012), HCS/SCS/SB 182 (2013), HCS/SS/SCS/SB 83 (2013).

THIRD CLASS CITY COUNCIL MEMBERS (77.030)

This act allows council members in third class cities to serve four-year terms by ordinance or vote of the people. If four-year terms are approved, the extended terms begin with any council member elected to office after the adoption of the ordinance or approval of the ballot question

These provisions are similar to those in HCS/SB 90 (2013), and HB 163 (2013).

SALE OF A LOCAL CITY HOSPITAL (96.229)

This act sets out the procedures with respect to the sale, lease, or other transfer of all or substantially all of a local city hospital organized and operated under Chapter 96.

Upon filing with the city clerk of a resolution adopted by no less than two-thirds of the incumbent members of the board of trustees of the hospital to sell, lease, or otherwise transfer all or substantially all of the hospital property, for reasons specified in the resolution, the clerk shall present the resolution to the city council. If a majority of the incumbent members of the city council determine that such proposed sale is desirable, the city council shall submit the question of such sale to the voters of the city. A majority of the votes cast on such question shall be required in order to approve and authorize such sale, lease or other transfer.

If approved by the voters, the act prescribes the procedures for the sale of such property as well as the sufficient amount of proceeds required to be applied for any outstanding valid indebtedness or for operation of the hospital. Any balance of the proceeds from a sale of the hospital shall be used to provide health care services in the city and in the geographic region previously served by the hospital.

These provisions carry an emergency clause and are similar to provisions in HCS/SCS/SB 89 (2013), SB 443 (2013), HB 163 (2013), and HB 777 (2013).

MISCELLANEOUS ELECTIONS PROVISIONS (115.003, 115.005, 115.007, 115.121, 115.249, 115.259, 115.281, 115.299, 115.300, 115.341, 115.349, 115.383, 115.419, 115.423, 115.433, 115.436, 115.439, 115.449, 115.455, 115.456, 115.493)

This act changes the date of the primary election day from the first Tuesday after the first Monday in August, to the third Tuesday after the first Monday in June. This provision becomes effective on January 1, 2016.

If the general municipal election day falls on Passover, such election may be conducted on the Tuesday following the last day of Passover at the discretion of the election authority.

Under current law, voting machines are required to permit voters at a presidential election to vote by use of a single lever for candidates of one party for president, vice president and their electors. They are also required to have mechanical model that illustrates the manner of voting and be placed so that the ballot labels can be seen by the elections judges when not in use. These provisions are repealed.

Under current law, the words "Official Absentee Ballot" is required to appear at the top of an absentee ballot. This act requires that they be in the same form as an official ballot.

Under current law, the election authority is required to appoint two judges from each major political party to count absentee ballots. Under this act, they are required to appoint an equal number of judges from each major political party.

Election judges shall count votes on absentee ballots the same way as other ballots.

A provision requiring that absentee ballots may not be counted by the same person who removed the ballots from the envelopes is repealed.

Under current law, the window for filing a declaration of candidacy for the primary election is between the last Tuesday in February to the last Tuesday in March. This act changes that window to the second Tuesday in January to the second Tuesday in February. This provision becomes effective on January 1, 2016.

The act also repeals a provision requiring pasters to cover names to be removed from ballots and a reference to ballot labels.

Currently, election judges are required to open the ballot box after the polls open but before voting begins. This act requires this practice not more than 1 hour before voting begins.

The act repeals a provision requiring ballot cards to be initialed by election judges and a provision requiring ballots to be sealed inside an envelope before they are placed in the ballot box.

Distinguishing marks are required for designating candidates instead of (X).

The act repeals a provision allowing for stickers to be used for write-in candidates, a provision requiring ballots to be strung on a wire or string in the order read, and provisions pertaining to punch card voting systems.

Currently, ballot materials may be destroyed 12 months after the date of the election. This act extends that time to 22 months.

These provisions are similar to provisions in HB 348 (2013), HCS/SB 99 (2013), and HCS/SB 90 (2013).

JACKSON COUNTY POLITICAL PARTY COMMITTEES (115.607)

The act modifies the membership of the county political party committees in Jackson County.

Under current law, the committee's membership is comprised of two members from each ward, six members from the second and third most populous townships outside of the city and four members from the other townships outside the city. The election authority is required to divide the portion of Kansas City located within Jackson county into wards.

Under the act, members of the county committee shall be elected from the state representative districts. Two men and two women shall be elected from a district wholly contained in the county, two men and two women shall be elected from a district predominantly contained in the county, and one man and one woman shall be elected from a district that is partially but not predominantly contained in the county.

These provisions are similar to provisions in SB 395 (2013) and HCS/HB 348 (2013).

EMERGENCY SERVICES BOARDS (190.335)

If there is no candidate for an open position on a emergency services board, no election shall be held for the position and the other members of the board must appoint a person to fill the position until the next board election is held. If there is only one candidate for each open position, no election shall be held and the candidate or candidates assume office as if elected.

This provision is similar to provisions in HB 163 (2013).

ST. LOUIS PUBLIC ADMINISTRATOR (473.730, 473.733, and 473.737)

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.

These provisions are similar to provision in HCS/HB 99 (2013) and HB 163 (2013).

CHRIS HOGERTY

SA 1 - BARS THE GOVERNOR FROM MAKING INTERIM APPOINTMENTS TO THE ST. LOUIS COUNTY BOARD OF ELECTION COMMISSIONERS

SA 2 - ALLOWS NURSING HOME DISTRICTS TO ESTABLISH SENIOR HOUSING IN THIRD AND FOURTH CLASS COUNTIES. REQUIRES FOUR-SEVENTHS MAJORITY VOTE FOR THE PASSAGE OF A BOND ISSUE FOR A NURSING HOME DISTRICT INSTEAD OF TWO-THIRDS.

SA 4 - ADDS AN EMERGENCY CLAUSE TO SA 1.

SA 5 - THE GOVERNOR SHALL ISSUE A WRIT OF ELECTION TO FILL A VACANCY IN THE OFFICE OF THE LIEUTENANT GOVERNOR TO BE HELD AT THE NEXT GENERAL ELECTION.

SA 6 - REMOVES A PROVISION ALLOWING COUNCIL MEMBERS IN THIRD CLASS CITIES TO SERVE FOUR-YEAR TERMS BY ORDINANCE OR VOTE OF THE PEOPLE.

SA 7 - ALLOWS MONETT AND WEST PLAINS TO ELIMINATE THE PRIMARY ELECTION FOR MAYOR AND COUNCILMAN BY ORDER OR ORDINANCE.


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