Missouri Senate

House Committee Substitute

COUNTY BUILDING CODES - 64.170 & 64.205

Under current law, first and second class counties may adopt building codes if given the authority by the voters. This act allows all counties to adopt building codes when authorized by voters.

This act also provides that county building codes do not apply to structures used solely for agricultural purposes.

This provision is similar to a provision contained in HCS/HB 161 (2013).

LIQUEFIED PETROLEUM GAS - 64.196

This act states that no county building ordinance shall conflict with rules promulgated by the Department of Agriculture regarding liquefied petroleum gas installations.

INSTALLATION OF FIRE SPRINKLERS - 67.281

Currently, builders of one and two family dwellings must offer to install fire sprinklers in the home. This provision has an expiration of December 31, 2019. The act removes the expiration provisions.

TAXES ON DISASTER RELIEF - 67.1020 & 144.030

This act exempts nongovernmental agencies congressionally mandated to provide disaster relief services from transient guest taxes. The act also exempts form sales and use taxes sales where payment is being made by a nongovernmenatl agency as part of a disaster relief service. This provision is similar to SB 441 (2013).

PORT IMPROVEMENT DISTRICTS ACT

The act modifies several definitions contained in the Port Improvement District Act. Under the act, the term "consent" means the written acknowledgment and approval of the creation of a district by the real property owners owning more than 60% by assessed valuation of real property within the proposed district's boundaries and more than 60% per capita of the real property owners within the proposed district boundaries. The act further modifies the terms "obligations", "port district boundaries", "project", "qualified project costs", "respondent" and "taxpayer" (Section 68.205).

The act modifies the location of where the draft petition for creating a port improvement district must be filed. Under current law, the draft petition must be filed in the circuit court where the port improvement district is located. This act clarifies this requirement by requiring the draft petition to be filed in the circuit court where a majority of the proposed port improvement district is located. Under current law, a port authority board must file certain documents with the Missouri Highways and Transportation Commission. Under this act, these documents only have to be filed with the commission if the proposed district lies within state highways. Under current law, a petition is proper for consideration and approval by the board and the circuit court if it has been signed by property owners collectively owning more than 60% per capita of all owners of real property within the boundaries of the proposed district and contains certain information. Under the proposed act, the petition is proper for consideration if it has the consent (as defined by the act) of the property owners and the petition contains certain information. No consent is necessary if the port authority is the owner of all the real property within the proposed district (Section 68.210).

Under current law, port authorities located in Clay County do not have the authority to establish port improvement districts within their port district boundaries. This act removes this legal impediment (Section 68.210).

Under current law, a port authority must hold a public hearing on a proposed port improvement district not more than 10 days prior to submitting the petition to the circuit court. This act requires the public hearing to be held not more than 60 days prior to submitting the petition to the circuit court.

Under current law, notice of the hearing must be provided by both publication and mailing. This act eliminates the mailing requirement where the port authority is the owner of all the real property within the proposed district (Section 68.215).

The act clarifies that the circuit court must give notice of the petition to create a port improvement district when the court receives the filed petition (Section 68.225).

This act provides that no mail-in ballot election is required to levy a real property tax where the port authority is the owner of all of the real property within the proposed district (Section 68.235).

This act provides that a port authority shall repeal by resolution the continuation of any real property tax when all obligations of the port improvement project have been met, unless the real estate tax in any way secures outstanding obligations of the port improvement project or covers ongoing expenses the port authority has incurred to pay qualified project costs of any of the approved port improvement project.

The act further provides that any remaining funds in such special trust fund which exceed any remaining obligations of the port improvement project and are not needed to cover ongoing expenses shall be refunded pro-rata to the property owners. Current law provides that remaining property tax funds that are not needed for current expenditures may be invested by the port authority or used for other port improvement projects (Section 68.240).

This act provides that no mail-in ballot election is required to levy a sales tax if the port authority is the owner of all of the real property within the proposed district (Sections 68.245 and 68.250)

Under current law, the provisions of the Port Improvement District Act are nonseverable meaning that if one provision is found invalid the entire act is invalidated. This act makes the provisions of the Port Improvement District Act severable (Section 68.259).

These provisions are similar to SB 257 (2013).

ANNEXATION PROCEDURES - 71.012 to 71.015 & 72.401

Under current law, owners of recorded fee interests in property in an area may file a verified petition requesting annexation. This act provides that such owners may request annexation by filing a notarized, rather than a verified, petition.

This act also provides that a petition not being verified or notarized shall not affect the validity of an annexation.

In addition, this act requires any action seeking to deannex or challenge an annexation or to oust a municipality from an annexed area must be brought within three years of the adoption of the annexation ordinance. If the annexing municipality fails to provide services within three years, the deannexation action must be brought within four years of the effective date of the annexation.

This act provides that any annexation approved by a majority of property owners in St. Louis County when the annexing municipality provides water and sanitary sewer service shall not be subject to review by the St. Louis County Boundary Commission.

LAND SALES UNDER CHAPTER 92 - 92.387

This act requires any sale of lands under Chapter 92 to be subject to valid recorded covenants running with the land and valid easements of record or in use. This provision is identical to HB 892 (2013).

PROPERTY TAXES ON TRACTORS AND TRAILERS - 137.090 & 137.095

This act specifies that tractors or trailers used in interstate commerce will have their Missouri assessed value based on the ratio of the number of miles traveled in Missouri and the number of total miles traveled.

NEW HOME PURCHASE INCOME TAX DEDUCTION - 143.145

This act creates an income tax deduction for the purchase of a new home for the years 2013 to 2015. The new home must be constructed between August 28, 2013, and December 31, 2015. Manufactured homes, modular units, recreational park trailers, and recreational vehicles will not qualify for the deduction. The value of the land and any preexisting structures will not be included in determining the value of the deduction. Self constructing taxpayers may be eligible for the deduction.

The deduction amount is limited to the lesser of one-third of the contract sales price or $166,667. A taxpayer can claim this deduction only once. Any amount of the deduction in excess of the taxpayer's liability may be carried forward until the deduction amount is used in its entirety. If a taxpayer that takes the deduction ceases to use the home as a principal residence before two years have passed, the taxpayer must include in their adjusted gross income the deduction amount taken previously.

This provisions is similar to HB 194 (2013), SB 179 (2013) and a provision of HCS/HB 521 (2013).

TAX REFUND SETOFFS - 143.789 & 143.790

Under current law, the Department of Health and Senior Services processes claims submitted by health care providers requesting setoffs of income tax refunds to satisfy outstanding debts owed by taxpayers. This act repeals the authority of the Department of Health and Senior Services to administer such a program. A system for ambulance service providers to utilize a private claim clearinghouse is created. The clearinghouses will process and verify requests for setoffs of taxpayer income tax refunds and lottery winnings. The setoffs will be used to satisfy outstanding debts for ambulance services received.

Prior to utilizing the clearinghouse, an ambulance service provider must provide certain notices to patients and allow for various levels of review and appeals of such claims. To offset expenses incurred in collecting debts owed to ambulance service providers, a collection fee is assessed to each offset which is allocated among the clearinghouse and the Department of Revenue.

The act establishes a priority for setoffs. Delinquent state taxes have top priority, followed by delinquent federal taxes, support obligations, collection fees under this act, and claims under this act.

These provisions are similar to SB 231 (2013), HB 234 (2013), HCS/HB 1210 (2012), and similar to HB 312 (2011) and SCS/SB 878 (2010).

SCHOOL BOARDS LEASING BUILDINGS - 177.011 & 177.088

This act modifies a prohibition on school boards leasing or renting buildings while a school building is unoccupied so that a school board may lease a building as provided in Section 177.088 when a school building is unoccupied. Currently, the board of any educational institution may only enter into an agreement with a not-for-profit corporation when making certain transaction or modifications involving sites, buildings, furnishings, and equipment. This act allows the board of any educational institution to enter into agreements with any organization. The act also repeals provisions allowing the educational institutions to refinance any lease purchase agreement for the purposes of payment on any lease. These provisions are similar to HB 783 (2013) HCS/SB 24 (2013), and SB 474 (2013).

MISSOURI MUSEUM AND CULTURAL DISTRICT ACT - 184.800 to 184.865

This act modifies the Missouri Museum District Act. The act expands the scope of museum districts to include buildings or areas used for promoting culture and the arts, including theater, music, entertainment, public places, libraries, and other public assets. The act restricts the creation of museum and cultural districts under these provisions to situations where the majority of the property is located within a disaster area. The act requires that petitions to create museum and cultural districts be filed within five years of the Presidential declaration establishing the disaster area. The museum and cultural district can include property parcels that are not connected to each other. Legal voters who live in the proposed district will not be required to be listed on the petition to create the district, will not be required to be served a copy of the petition creating the district, and will not have statutory authority to sue to support or oppose the creation of the district. The board of directors of the district will be made of five members who are all elected at a public meeting. The General Assembly is authorized to make appropriations from general revenue to a district created under this act for a period of twenty years after January 1, 2013. In addition to a sales tax, the board is authorized to impose, with the approval of qualified voters, a fee of up to one dollar on any person or entity that offers or manages an event in the district and charges admission for the event. The district will not be required to contract only with a not-for-profit or governmental entity to operate and manage any museum or cultural asset in the district.

These provisions are similar to HCS/SB 23 (2013), SB 74 (2013) and HB 158 (2013).

CERTIFICATION OF COMMUNITY PARAMEDICS - 190.098 & 190.100

This act allows the Department of Health and Senior Services to certify community paramedics. A community paramedic must be currently certified as a paramedic, have successfully completed an approved community paramedic certification program, and completed an application. No person may hold himself or herself out as a community paramedic or provide community paramedic services unless the person is certified.

An ambulance service must enter into a written contract to provide community paramedic services in another ambulance service area. The contract may be for an indefinite period of time as long as it includes at least a 60-day cancellation notice by either ambulance service.

This provision is similar to a provision of SCS/HB 307 (2013) and HCS/HB 335 (2013).

ST. CHARLES CITY HEALTH DEPARTMENT - 192.310

This act add the City of St. Charles to the list of municipalities that are exempt from provisions regarding the appointment of a county health officer. The city must furnish the Department of Health and Senior Services with reports of certain statistical information.

MAINTENANCE OF PRIVATE ROADS - 228.369

This act specifies that a plan of maintenance must be a direct agreement among the homeowners who abut or have easement rights over a private road, and a homeowner cannot be required to join a homeowner or subdivision association as part of a plan of maintenance for a private road. This provision is identical to HB 868 (2013).

ALCOHOL RELATED TRAFFIC OFFENSES

This act requires the court to order the Department of Revenue to issue a license to persons convicted of certain intoxication-related traffic offenses if the person (1) petitions the court, (2) has no pending charges or convictions relating to alcohol or drugs over a certain period, and (3) the court finds that the person does not pose a threat to the public. (Section 302.060)

For persons seeking a stay of assessment of points, the act gives them the option of completing the driver-improvement program through an online course. (Section 302.302 and 476.385)

A person whose license is to be suspended for a first offense of driving while intoxicated or driving with excessive blood alcohol content may complete a 90-day period of restricted driving privilege in lieu of the suspension if he or she provides proof to the department that all vehicles operated by the person have a functioning, certified ignition interlock device. If the person fails to maintain proof of the device, the restricted driving privilege will be terminated. Upon completion of the 90-day period of restricted driving privilege, compliance with other requirements of law, and filing proof of financial responsibility with the department, the license must be reinstated. However, if the monthly monitoring reports during the 90-day period indicate that the ignition interlock device has registered a confirmed BAC level above the alcohol setpoint or the reports indicate the device has been tampered with or circumvented, then the license will not be reinstated until the person completes an additional 30-day period of restricted driving privilege. (Section 302.304)

The act specifies that any person who has had a license to operate a motor vehicle suspended or revoked as a result of an assessment of points for a conviction for an intoxication-related traffic offense and has a prior alcohol-related enforcement contact will be required to file proof with the department that any motor vehicle operated by the person is equipped with a functioning, certified ignition interlock device as a required condition of reinstatement of the license. (Section 302.304)

Persons may receive a limited driving privilege if his or her license at the time of application has been suspended or revoked due to a failure to submit to a chemical test and the person has completed the first 90 days of revocation and files proof of installation with the department that any vehicle operated by him or her is equipped with a functioning, certified ignition interlock device, provided he or she is not otherwise ineligible for a limited driving privilege. (Section 302.309)

The act specifies that a circuit court or the department may allow a person who has been convicted more than twice for driving while intoxicated and has had his or her license revoked for a period of 10 years without the ability to obtain a new license or for a person who has been convicted twice for driving while intoxicated and has had his or her license revoked for a period of five years to apply for a limited driving privilege and repeals the requirement that he or she must serve at least 45 days of the disqualification or revocation. A circuit court must grant a limited driving privilege to any person who otherwise is eligible, has filed proof of installation of a certified ignition interlock device, and has had no alcohol-related enforcement contacts since the contact that resulted in his or her license denial. (Section 302.309)

A person whose driving record shows no prior alcohol related enforcement contacts in the immediately preceding five years may complete a 90-day period of restricted driving privilege in lieu of the suspension if he or she provides proof to the department that all vehicles operated by the person have a functioning, certified ignition interlock device. Upon completion of the restricted driving period, compliance with other requirements of law, and filing proof of financial responsibility with the department, the license must be reinstated. However, if the monthly monitoring reports during such 90-day period indicate that the ignition interlock device has registered a confirmed BAC level above the alcohol setpoint or has been tampered with or circumvented, then the license cannot be reinstated until he or she completes an additional 30-day period of restricted driving

privilege. (Section 302.525)

The act specifies that any person who has a license to operate a motor vehicle revoked under these provisions and has a prior alcohol-related enforcement contact will be required to file proof with the department that any motor vehicle operated by him or her is equipped with a functioning, certified ignition interlock device as a required condition of reinstatement. The ignition interlock device must be required on all motor vehicles operated by the person for a period of at least six months immediately following reinstatement. If the monthly monitoring reports show that the device has registered a confirmed blood alcohol concentration reading above the alcohol setpoint or has been tampered with or circumvented, then the period will be extended for an additional six months. (Section 577.041)

Provisions relating to alcohol related traffic offenses, except section 302.309, have an effective date of March 3, 2014. Section 302.309 has an emergency clause. These provision are similar to HB 931 (2013).

MOVING TRAFFIC VIOLATIONS

Currently, if a Missouri resident fails to dispose of a moving traffic violation charge, the court must order the Director of the Department of Revenue to suspend his or her driving privileges if the charges are not disposed of and fully paid within 30 days. Upon proof of disposition of charges and payment of fine, court costs, and reinstatement fee, the director must return the license and remove the suspension from the driving record if he or she was not operating a commercial motor vehicle or a commercial driver's license holder at the time of the offense. The act removes the requirement that the director return the license upon proof of the disposition of charges. (Section 302.341)

ANNEXATION OF FIRE PROTECTION DISTRICT PROPERTY - 321.322

Under current law, when certain cities annex property located within the boundaries of a fire protection district, the city takes over fire protection service for that property and the fire protection district can no longer collect taxes upon such property. This act provides that when the City of De Soto annexes property located within a fire protection district, the district and not the city continues to provide fire and emergency medical services to the annexed property.

The fire protection district may not tax the annexed area except for any bonded indebtedness that existed prior to the annexation. The annexing city must pay the district an amount equal to that which the fire protection district would have levied on all taxable property within the annexed area.

FIRE PROTECTION DISTRICTS - 321.690

Under current law, there are specific audit provisions for fire protection districts in St. Louis and Greene County. This act removes Greene County from these provisions.

MEGHAN LUECKE & MIKE HAMMANN