SB 824 Modifies provisions relating to prosecutors, political subdivisions, law enforcement, courts, and funerals
Sponsor: Dixon
LR Number: 5840H.09C Fiscal Note available
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 5/16/2014 - H Calendar S Bills for Third Reading w/HCS (Fiscal Review 5-13) Journal Page:
Title: HCS SCS SB 824 Calendar Position:
Effective Date: August 28, 2014
House Handler: Cornejo

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Current Bill Summary


HCS/SCS/SB 824 - This act modifies provisions relating to prosecutors, political subdivisions, law enforcement officers, corrections officers, schools, courts and funeral processions.

DISTRICT ATTORNEY OFFICES - 1.020, 56.010 to 56.430

This act provides a method for the governing bodies of two or more contiguous counties in a judicial circuit to join together to form a prosecutorial district and share a district attorney upon the adoption of a resolution or charter amendment and the approval of a joint agreement. Additional counties in the judicial circuit may join a prosecutorial district by the consent of each county participating in the district. The district attorney for a multi-county prosecutorial district formed prior to January 1, 2015, is to be elected to an initial two-year term at the 2016 general election, and to four-year terms starting in 2018. Other district attorneys are to be elected at the 2018 election and every four years thereafter.

The governing body of a county in a single-county judicial circuit may convert the office of prosecuting attorney to a district attorney office by resolution or charter amendment. In a single-county circuit, the prosecuting attorney must immediately begin performing the additional duties required of a district attorney upon approval of the resolution or the amendment, but the election for the new district attorney position will not occur until the next regular election.

In addition to the duties required by current law for prosecuting attorneys, district attorneys must represent state agencies in debt collection cases and provide at least six hours of continuing education to police officers. Unless there is a different agreement, the district attorney retains 20 percent of all debt collected on behalf of state agencies with one-half of the fee to go to the Missouri Office of Prosecution Services Fund and one-half to go to the county treasurer of each county in the district on a pro rata basis.

Under this act, district attorneys must receive compensation equal to that of an associate circuit judge, which is prorated among the counties. This act provides that part-time prosecuting attorneys can be compensated according to the assessed valuation scale provided under current law or they may receive half the compensation of a full-time prosecuting attorney if the part-time prosecutor represents the juvenile officer in all juvenile court cases.

Current law provides that $2,000 of a prosecuting attorney's salary is payable only if the prosecutor has completed at least 20 hours of classroom instruction each calendar year. This act provides that $10,000 of district attorney's salary is payable only if the district attorney has completed at least 30 hours of instruction.

This act repeals a provision allowing counties to make their part-time prosecutor position a full-time position.

COUNTY LAW ENFORCEMENT RESTITUTION FUND - 50.565

This act adds two citizens of the county appointed by the prosecuting attorney to the board of trustees that supervises the county law enforcement restitution fund.

In addition, this act specifies that the fund may be expended for the sheriff or the prosecuting attorney for certain specified reasons.

This provision is similar to HB 1798 (2014) and is identical to a provision of HCS/SCS/SB 854 (2014).

PROSECUTING ATTORNEYS AND CIRCUIT ATTORNEYS' RETIREMENT SYSTEM - 56.807 & 488.026

The act states that a four dollar surcharge, payable to the retirement system, shall be assessed in cases where a person pleads guilty and pays a fine through a fine collection center.

This provision is identical to provisions contained in HCS/SB 621 (2014), HCS/SB 615 (2014), the truly agreed to and finally passed CCS#2/HCS/SCS/SB 672 (2014), HCS/SCS/SB 854 (2014), and the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 1231 (2014).

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. This act makes the expiration date December 31, 2024.

This provision is identical to a provision of the truly agreed to and finally passed SCS/HCS/HB 1410 (2014), the truly agreed to and finally passed CCS/SCS/HB 1553 (2014), the truly agreed to and finally passed HCS/SB 655 (2014), HCS/SCS/SB 854 (2014), the truly agreed to and finally passed CCS2/HCS/SCS/SB 672 (2014), and is similar to a provision of HCS/SB 24 (2013).

JEFFERSON COUNTY MUNICIPAL COURTS - 67.320

The act modifies the county description of Jefferson County in provisions of law which allow Jefferson and Franklin Counties to prosecute violations of county orders in a county municipal court.

This provision is identical to provisions contained in the truly agreed to and finally passed CCS2/HCS/SCS/SB 672 (2014), HB 1921 (2014), the truly agreed to and finally passed CCS#2/HCS/SB 621 (2014), HCS/SB 614 (2014), and HCS/SCS/SB 854 (2014).

RECREATION AND COMMUNITY CENTER DISTRICT - 67.585

This act authorizes the creation of a Recreation and Community Center District in an area encompassed by Liberty School District. Such district may impose a sales tax of up to one-half percent on sales in the district. The sales tax must be approved by a majority of the inhabitants of the district voting on the question. Revenues derived from the sales tax may only be used for construction and maintenance of a community center and for other recreation and wellness purposes. The sales tax may not be repealed until after any bonds secured by the tax have been retired.

This provision is similar to a provision of HB 2192 (2014), HCS/SB 584 (2014), the truly agreed to and finally passed CCS2/HCS/SB 693 (2014), HCS/SB 631 (2014), and HCS/SCS/SB 854 (2014).

MUNICIPAL LAW ENFORCEMENT RESTITUTION FUND - 71.950

This act allows any municipality to establish a municipal law enforcement restitution fund to be under the supervision of the municipal mayor or city administrator, municipal prosecutor, municipal judge, and municipal chief of police or county sheriff.

Money from the fund may only be used upon the approval of a majority of the members of the municipal law enforcement restitution fund board of trustees for the purposes of narcotics investigation and prevention, purchase of equipment and supplies for the police department, matching funds for federal or state law enforcement grants, reporting of crime statistics, and any municipal law enforcement-related expense

This act provides that no court may order the assessment and payment if the finding of guilt is to the charge of speeding, careless and imprudent driving, or any charge of violating a traffic control signal or sign. No assessment may exceed $100 for any charged offense.

This provision is identical to HCS/SCS/SB 854 (2014).

ANNEXATIONS IN ST. LOUIS COUNTY - 72.401

This act exempts annexations by municipalities that provide water and sanitary sewer service from review requirements of the St. Louis Boundary Commission. This act also specifies that such annexations are not prohibited by the existence of an established unincorporated area.

Under current law, Kansas City may enact ordinances for various specified purposes that carry penalties of up to $1,000 fines and imprisonment for up to a year. Kansas City may also enact an ordinance requiring industrial users of publicly owned treatment works to comply with pretreatment standards that carries a fine of $1,000 to $5,000.

This provision is identical to a provision of the truly agreed to and finally passed CCS/SCS/HB 1553 (2014), HCS/HB 1667 (2014), HCS/HB 2112, and HCS/SCS/SB 854 (2014).

CITY FEES IN FLORDELL HILLS AND EDMUNDSON - 94.270

Under current law, the cities of Flordell Hills and Edmundson can levy a license fee on hotel and motel rooms of up to $27 per room per year.

Under this act, such cities may impose of license fee of up to $13.50 per room per year.

This provision is identical to a provision of HCS/SCS/SB 854 (2014) and a provision of the truly agreed to and finally passed CCS#2/HCS/SCS/SB 672 (2014).

COMPENSATORY TIME FOR CORRECTIONS OFFICERS - 105.935

This act allows overtime for Corrections Officer I and Corrections Officer II employees to accrue upon completion of time worked in excess of such employee's normal shift. The time may be used as compensatory leave or the employee shall receive payment for the hours worked. Employees may retain up to 80 hours of compensatory leave time at any time during the year.

This act is identical to the truly agreed to and finally passed HCS/HB 1090 (2014), a provision of the truly agreed to and finally passed CCS/HCS/SCS/SB 852 (2014), a provision of HCS/SCS/SB 854 (2014), and is similar to SB 779 (2014).

PUBLIC FINANCIAL INCENTIVES - 135.980

This act prohibits the City of St. Louis from imposing restrictions by ballot measure on public financial incentives authorized by statute for businesses involved in fossil fuel electric power generation.

This provision is similar to a provision contained in the truly agreed to and finally passed CCS2/HCS/SCS/SB 672 (2014) and is identical to a provision of HCS/SCS/SB 854 (2014).

SALES TAX EXEMPTION ON RIGHT OF FIRST REFUSAL - 144.1030

This provision creates a state and local sales and use tax exemption on a right of first refusal for tickets at the Sprint Center in Kansas City.

This provision is identical to a provision in the truly agreed to and finally passed CCS#2/HCS/SB 693 (2014), the truly agreed to and finally passed CCS/HCS/SB 662 (2014), and HCS/SCS/SB 854 (2014).

SCHOOL ACCOUNTABILITY REPORT CARDS - 160.522

Each school district may include the data from charter schools located within the district in its school accountability report card. The school board of the district and the charter school must reach a mutual agreement for the inclusion of the data. The agreement must be approved by the State Board of Education. Charter schools are not required to be part of the local education agency of the school district and may maintain a separate LEA status.

This provision is identical to a provision of the truly agreed to and finally passed SB 701 (2014) and HCS/SCS/SB 854 (2014).

FIRST INFORMER BROADCASTERS ACT - 190.275

This provision creates the "First Informer Broadcasters Act". Under the act, broadcasters may, in cooperation with the state emergency management agency, the Missouri Police Chiefs Association, the Missouri Sheriffs' Association, and the Missouri Broadcasters Association, develop comprehensive coordinated plans for preparing for and responding appropriately to an emergency or disaster.

The Broadcaster's Association may establish a program for training and certifying broadcast engineers, technical personnel, and news gathering personnel as first informer broadcasters.

This act requires state and local governmental agencies to allow first informer broadcasters access to areas affected by an emergency or disaster for the purposes of restoring any facility or equipment critical to the ability of a broadcaster to transmit essential emergency or disaster-related public information or obtaining news, information, photographs, public safety information, warnings, and directions.

This provision is identical to a provision of HCS/SCS/SB 854 (2014) and HB 1582 (2014).

HEALTH OFFICERS IN ST. CHARLES - 192.310

Current law exempts cities with a population of 75,000 or more from certain laws dealing with local and state health rules. Under this act, the City of St. Charles is also exempted from such laws.

This provision is identical to a provision of the truly agreed to and finally passed CCS2/HCS/SCS/SB 672 (2014), HB 1653 (2014), HCS/HB 2112 (2014), and HCS/SCS/SB 854 (2014).

SEWER DISTRICTS - 249.424

This act allows a sewer district created and organized under Chapter 249 to impose a fee of up to $36 per year for a lateral sewer service line repair program upon approval by a majority of voters in the district and the adoption of a resolution by the sewer district's board of trustees. Under the act, the fee cannot be imposed in any city, town, village, or the unincorporated area of a county that has already approved a fee for a sewer line repair program. Voters in such municipalities that already have the program are not eligible to vote on the question of whether the sewer district can impose the fee.

This act allows the county collector to add the lateral sewer service fee to property tax bills.

If a city, town, village, or the county had imposed a fee for a sewer line repair program, but later rescinded its fee after voters have authorized the sewer district to impose a fee, the sewer district can request approval from voters in the municipality or unincorporated area to impose its fee.

This provision was in the perfected version of SCS/SB 297 (2013), HCS/SCS/SB 854, and SB 581 (2014) and a similar provision was passed in the truly agreed to and finally passed SCS/HB 1692 (2014) and the truly agreed to and finally passed CCS2/SCS/HCS/SB 672 (2014).

FARM-TO-SCHOOL PROGRAM - 262.960, 262.962, & 348.407

This act creates the Farm-to-School Program within the Department of Agriculture to provide schools with locally grown agricultural products for inclusion in school meals and snacks and to strengthen local farming economies.

This act also creates the Farm-to-School Taskforce. The taskforce will include at least one representative from each of the following agencies: The University of Missouri extension service; the Department of Agriculture; the Department of Elementary and Secondary Education; and the Office of Administration. The director of the Department of Agriculture will appoint two persons actively engaged in the practice of small agribusiness. The Department of Elementary and Secondary Education will appoint two persons from schools who direct a food service program.

The task force mission is to provide recommendations for strategies that allow schools to more easily incorporate locally grown agricultural products into their food service and allow schools to work with food service providers to ensure greater use of locally grown agricultural products by developing standardized language for food service contracts. The taskforce must review various food service contracts to identify standardized language that could be included in contracts to allow schools to more easily procure and use locally grown agricultural products.

The taskforce must prepare a report with findings and recommendations and submit it to the Governor, the General Assembly, and the director of each agency on the taskforce by December 31, 2015.

The Missouri Agricultural and Small Business Development Authority may make grants, loans, or loan guarantees to Missouri businesses to access resources for accessing and processing locally grown agricultural products for use in schools.

These provisions are similar to provisions contained in the truly agreed to and finally passed CCS#2/HCS/SCS/SB 672 (2014), the truly agreed to and finally passed SB 701 (2014), HCS/SCS/SB 854 (2014), and HB 2088 (2014).

MOTOR VEHICLE HEIGHT AND WEIGHT LIMITS - 304.190

This act changes the laws regarding motor vehicle height and weight limits for the commercial zones in the city of Columbia. The act creates a 15-foot height limitation and a 22,400 pound weight limitation for any motor vehicle within the commercial zone of Columbia. The commercial zone extends from the city limits along U.S. Highway 63 for 8 miles, and extends east from the city limits along State Route WW to the intersection of State Route J and continues south on State Route J for four miles.

This provision is identical to a provision of HCS/SS/SCS/SB 707 (2014), the truly agreed to and finally passed HB 2163 (2014), the truly agreed to and finally passed CCS2/HCS/SCS/SB 672 (2014), and HCS/SCS/SB 854 (2014).

FIRE PROTECTION DISTRICTS - 321.015 to 321.210

Under current law, any person who holds lucrative office or employment with the state or a political subdivision is prohibited from being a director of a fire protection district. The current statute excludes a stipend or per diem of not more than $75 per day from being considered lucrative office or employment. This act repeals the exception for the stipend and per diem and adds an exclusion for part-time work.

Under current law, a person, to be qualified to serve as director for a fire protection district, must be a resident of the fire protection district. To be qualified to serve as a director for a district located partially or wholly in Greene County, the person must be a resident of the district for more than one year. To be qualified to serve as a director of a fire protection district in a county of the third or fourth classification, the person must be over the age of 25 and be a voter of the district more than a year before the election or appointment. This act repeals all of the above provisions. This act also repeals a provision requiring candidates for the first board of directors of a proposed fire protection district to pay a $5 filing fee and file an oath that the person meets all the qualifications for office.

Under this act, fire protection district directors regardless of the district's location must be residents of the district for at least one year before the election or appointment.

Current law sets the candidate filing fee for a fire protection district director at $10. This act sets the candidate filing fee for a fire protection district director at the amount equal to the filing fee for a candidate for county office, which is currently $50.

Current law sets the candidate filing fee for a fire protection district board member at the amount for a candidate for state representative. This act sets the filing fee at the amount required for a candidate for county office, which is currently set at $50 and is the same as the amount set for a state representative.

These provisions are similar to provisions of HCS/SCS/SB 854 (2014), HB 1276 (2014), and HCS/HB 2116 (2014).

SPECULATIVE ACCUMULATION OF ASPHALT SHINGLES - 407.1610

This act makes it a violation of the Merchandising Practices Act to accumulate asphalt shingles in the City of St. Louis without showing that at least 75% of the material will be recycled for other use in a calendar year.

This provision is identical to a provision contained in the truly agreed to and finally passed CCS2/HCS/SCS/SB 672 (2014) and HCS/SCS/SB 854 (2014).

KANSAS CITY MUNICIPAL COURT SURCHARGE - 488.2235

This provision specifies that Kansas city may charge five dollars in each municipal ordinance violation case. The judge may waive the surcharge for indigent defendants. The surcharge shall be used towards the restoration, maintenance, and upkeep of the municipal courthouse.

This provision is identical to a provision of the truly agreed to and finally passed SCS/HB 1238 (2014), HB 1738 (2014), HCS/SCS/SB 854 (2014), and provisions contained in the truly agreed to and finally passed version of SB 615 (2014).

LANDLORD TENANT - 512.180, 534.060, 534.360, 534.380, 535.030, 535.110, 535.160, 535.170, 535.200, & 535.210.

This act removes landlord tenant, unlawful detainer, and forcible entry and detainer actions from the list of actions in which an aggrieved party must apply for a trial de novo for redress. The act provides that such actions are appealable.

Forcible entry and detainer and unlawful detainer actions must be heard on the record, and the practice and procedures for civil cases originally filed before an associate circuit judge as provided in Chapter 517 shall apply to such actions.

Current law provides that the sheriff must attempt to serve any summons within four days of the date of issuance by a Jackson County landlord-tenant court. The act removes the language which requires the sheriff to be the person to serve the summons.

These provisions are substantially similar to the truly agreed to and finally passed SCS/HCS/HB 1410 (2014), the truly agreed to and finally passed version of SB 655 (2014), and SB 886 (2014) and are identical to HCS/SCS/SB 854 (2014).

ENTRY OF APPEARANCE FILING - Section 1

This provision requires courts that have mandatory electronic filing to accept a notice of entry of appearance sent by fax or regular mail.

This provision is similar to a provision of the truly agreed to and finally passed CCS/SS/SCS/HCS/HBs 1665 & 1335, HCS/SCS/SB 854 (2014), and the truly agreed to and finally passed CCS/HCS/SB 615 (2014).

FUNERAL PROCESSIONS

This act repeals provisions of law mandating that a funeral procession be identified by the display of an identifying insignia on each vehicle.

This provision is identical to SB 891 (2014), HB 1993 (2014), a provision of the truly agreed to and finally passed CCS/HCS/SCS/SB 852 (2014), a provision of the truly agreed to and finally passed CCS/SS/HB 1707 (2014), and HCS/SCS/SB 854 (2014).

MEGHAN LUECKE