Missouri State Senate

House Amendment

HCS/SCS/SB 672 - This act modifies provisions relating to minority businesses, political subdivisions, prosecuting attorneys, fire sprinklers, venture capital investments, hair braiding at amusement venues, garnishments, speculative accumulation of asphalt shingles, and Sunday sales of motorcycles.

MINORITY AND WOMEN'S BUSINESS ENTERPRISES - 37.020

This act allows certain non-profit organizations to be included as minority business enterprises (MBE) and women's business enterprises (WBE) for public contract bidding preferences.

The following organizations shall be considered an MBE:

• A 501(c)(3) not-for-profit organization based in Missouri that can show the following:

• The organization's entire staff is comprised of at least twenty-five percent minorities or such staff is comprised of more than five percent greater than the average minority population of the geographic area that is served by the organization; and

• The organization's staff that is classified as management or the twenty percent of the staff with the highest salaries is comprised of at least twenty percent minorities or such staff is comprised of a percentage that is greater than the average minority population of the geographic area that is served by the organization.

The following organizations shall be considered a WBE:

• A 501(c)(3) not-for-profit organization based in Missouri that can show the following:

• The organization's entire staff is comprised of at least fifty-five percent women; and

• The organization's staff that is classified as management or the twenty percent of the staff with the highest salaries is comprised of at least forty-five percent women.

MBE and WBE bidders shall not be awarded more than 5 points in the bidding process.

These provisions are substantially similar to SB 946 (2014).

COUNTY PROPERTY - 49.266

Under current law, county commissions in first, second, and fourth class counties may promulgate reasonable regulations concerning the use of county property. This act allows all noncharter counties to promulgate such regulations.

PROSECUTING ATTORNEYS - 56.060 to 56.363

Currently, the county commission of any county may or shall upon voter petition submit to the voters at a general or special election the proposition of making the county prosecutor a full-time position.

This act provides that in any county that has followed this voting procedure, and where the voters have elected to make the prosecutor a full-time position, the county commission may or shall upon voter petition submit to the voters a proposition to change the full-time county prosecutor position back to a part-time position.

If the prosecutor position is changed back to a part-time position, the contribution the county must pay in to the retirement system and the retirement benefit earned by the prosecutor will prospectively be that of a part-time prosecutor.

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.

Provisions of this act are similar to SB 824 (2014).

PROSECUTING ATTORNEYS AND CIRCUIT ATTORNEYS' RETIREMENT SYSTEM - 56.800 to 56.860, 105.684, & 488.026

The act modifies the definition of "compensation" for the purposes of the Prosecuting Attorneys and Circuit Attorneys' Retirement System to include any salary reduction amounts authorized under a cafeteria plan or eligible deferred compensation plan, and specifies that the term "compensation" does not include reimbursement for any expenses, consideration for agreeing to terminate employment, or other nonrecurring or unusual payment that is not part of regular remuneration.

Currently, each county must transfer a certain sum of money to the Prosecuting Attorneys and Circuit Attorneys' Retirement System Fund. The act provides that each county's contribution shall be adju sted in accordance with the retirement system's funded ratio and a schedule provided in the act.

The act also 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.

No former or current member of the retirement system may transfer creditable service unless the member is already previously vested in the system.

All non-vested members of the retirement system serving in counties of the first classification or any city not within a county shall receive one year of creditable service for each year served. Non-vested members serving in counties that have elected to make the position of county prosecutor a full-time position shall receive one year creditable service for each year served as a full-time county prosecutor and sixty percent creditable service for each year served as a part-time prosecuting attorney. Any part-time vested member who ceased being a member for more than six months before returning as a full-time member shall be entitled to part-time retirement benefits for creditable service as calculated on the date the member was first terminated. The creditable service earned by the member after rejoining the system as a full-time member shall begin a new vesting period.

Currently, before certain public retirement plans, including the Prosecuting Attorneys and Circuit Attorneys' Retirement System, may adopt an additional benefit increase the plan must have a funded ratio of at least eighty percent and the funded ration may not be less than seventy-five percent after such adoption. This act exempts the Prosecuting Attorneys and Circuit Attorneys' Retirement System from this requirement.

The act also 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.

These provisions are identical to provisions contained in HCS/HB 1231 (2014), and HB 1821 (2014), and certain provisions are identical to provisions contained in HCS/HB 371 (2013), HCS/HB 169 (2013), HCS/HB 215 (2013), HCS/SCS/SB 86 (2013), HCS/SB 12 (2013), HCS/SCS/SB 45 (2013), and HCS/SB 100 (2013).

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.

This provision is identical to a provision of HCS/SB 24 (2013).

CITY GOVERNING BODY ELECTIONS - 77.030 & 79.050

Under current law, third and fourth class cities may elect to extend the terms of office for members of their governing bodies from two years to four years.

This act provides that, if a third or fourth class city adopts a proposal to extend the term of office to four years, the city governing body may adopt an ordinance providing for elections to occur every other year. In the ordinance, the city may stipulate that members who are up for reelection at the first election following the passage of the ordinance must be elected to a three-year term. The other members are elected to a four-year term at the next election. At elections held following the expiration of those initial terms, all of the members are elected to four-year terms.

These provisions are identical to provisions of SCS/HB 1126 (2014).

INITIATIVE PETITION IN FOURTH CLASS CITIES - 79.130 TO 79.145

This act allows voters in fourth class cities to propose ordinances via initiative petition. In order for a petition to be certified by the city clerk, it must be signed by at least ten percent of the city's registered voters voting for mayor at the last municipal election. Once the petition has been certified by the clerk, the board of aldermen must either pass the ordinance or submit the question of whether to pass the ordinance to the voters at the next municipal election, unless the petition has been signed by 25 percent or more of the registered voters, in which case the board of aldermen must immediately submit the question. The ordinance is enacted if it receives approval from a majority of the voters. Ordinances enacted via initiative petition cannot be repealed or amended except by a vote of the people.

This act also provides a procedure for voters in fourth class cities to protest the passage of ordinances. Under this act, most ordinances do not take effect for ten days after passage. During that ten-day period, voters may submit a petition signed by at least 25 percent of the registered voters of the city to the board of aldermen in protest against the passage of the ordinance. If a petition is submitted, the ordinance is suspended from taking effect and the board of aldermen must reconsider the ordinance. If the ordinance is not entirely repealed, the board of aldermen must submit the ordinance to a vote and the ordinance only takes effect upon receiving approval from a majority of the voters.

These provisions are identical to SB 764 (2014).

VENTURE CAPITAL INVESTMENTS - 105.687, 105.688, & 105.690

The act modifies the definition of "venture capital firm" for the purposes of investing the assets of a public retirement system by an investment fiduciary.

The act also declares that it is the public policy of the state to promote the use of venture capital firms, consultant and investment fiduciaries organized, incorporated, or that have a principal place of business in Missouri.

Currently, when a public retirement system's investment fiduciary selects to invest plan assets in a venture capital firm the fiduciary must give preference to a Missouri based company. This act provides that when a selection is made to invest in a venture capital firm then the system shall invest no less than two percent and no more than five percent of its assets in a venture capital firm organized, incorporated, or that has its principal place of business in Missouri, and the system must give preference to the selection of a consultant or investment fiduciary that is also organized, incorporated, or that has its principal place of business in Missouri.

COURT VOLUNTEERS - 105.1415

This act provides that any person who performs unpaid volunteer work for a judge or prosecutor shall not be considered an employee of the county or municipality.

PUBLIC FINANCIAL INCENTIVES - 135.980

This act prohibits a political subdivision from imposing restrictions by ballot measure on public financial incentives authorized by statute.

This provision is similar to a provision contained in HCS/SB 693 (2014).

AMBULANCE DISTRICT DETACHMENT - 190.088

Under this act, the City of Riverside may file with the ambulance district's board of directors a notice of intention of detachment stating that an area located in both the city and the district is to be taken from the district. After filing the notice, the city must conduct a public hearing. This act specifies the notice requirements the city must follow in regard to the public hearing. After the hearing, the city may approve the detachment by enacting an ordinance with the approval of two-thirds of the board of aldermen.

Upon the effective date of the ordinance, the ambulance district must no longer provide services to the detached area and may no longer collect property taxes on property in the area.

This act requires the city, on or before January first of the second calendar year after the property was detached, to pay the ambulance district a fee equal to the amount of revenue that would have been generated by the ambulance district's tax on property in the area. For the next four years, the city must pay a gradually decreasing fee to the district.

The provisions of this section do not apply to St. Louis County.

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.

EMPLOYEES ENGAGED IN HAIR BRAIDING AT PUBLIC AMUSEMENT VENUES - 316.265

This act provides that an employee or employer who primarily engages in the practice of combing, braiding, or curling hair without the use of harmful chemicals shall not be subject to the licensing requirements of cosmetologists or barbers under chapter 329 while working with a licensee for a public amusement or entertainment venue.

This provision is identical to provisions contained in HCS/SCS/SB 808 (2014) and HCS/SB 528 (2014).

FIRE DISTRICT BOARD CANDIDATES - Sections 321.130 & 321.210

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 identical to provisions in HCS/SB 773 (2014), HCS/HB 2116 (2014), and HB 1276 (2014).

ANNEXATION PROCEDURES IN HARRISONVILLE - 321.322

Current law provides procedures for when property located within the boundaries of a fire protection district is annexed by a city that has a population of 2,500 to 65,000. The statute excludes annexations by the City of Harrisonville from such procedures. That city is required to follow procedures provided under law for annexations in St. Louis County.

This act repeals the provision exempting Harrisonville from the statute, so that the procedures provided for cities with a population of 2,500 to 65,000 apply to annexations by Harrisonville.

SPECULATIVE ACCUMULATION OF ASPHALT SHINGLES - 407.1610

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

This provision is similar to a provision contained in HCS/SB 693 (2014).

GARNISHMENTS - 408.040, 488.305, 525.040 to 525.310

The act provides a definition for the term "judgment balance" and states that post-judgment payments shall be applied first to post-judgment costs, then to interest, and then to judgment balance.

Under the act, clerks of circuit courts are authorized to collect a surcharge of up to ten dollars when processing garnishments and money from the surcharge is to be used to maintain and improve case processing and record preservation.

The act adds language which provides that in the case of a continuous wage garnishment notice of garnishment served as provided by law shall have the effect of attaching all personal property until the judgment is paid in full or the employment relationship is terminated.

Garnishments which would otherwise have equal priority shall have priority according to the date of service, and when wages have been attached by more than one writ of garnishment then the employer must inform the inferior garnishor of the other garnishments.

When applicable, a garnishee may discharge himself by paying the money or giving the property owed to the defendant to the attorney for the party on whose behalf the order of garnishment was issued. Additionally, the court may order the delivery of the defendant's property possessed by the garnishee to the attorney for the party on whose behalf the order of garnishment was issued.

The act allows the garnishee to deduct up to twenty dollars, or a fee previously agreed upon between the garnishee and judgment debtor when the garnishee is a financial institution, for expenses in answering interrogatories and withholding the funds. The garnishee may also file a motion with the court to obtain additional costs incurred in answering the interrogatories.

The act modifies provisions relating to the issuance of a writ of sequestration. Under current law, the wages of state government employees are not subject to direct garnishment, and instead must be collected under a process called sequestration. This act provides that sovereign immunity shall be waived for the purposes of garnishing the pay of employees who work for the state or a political subdivision, and that the government employer shall have the same duties as a private employer when served with a garnishment order. The act repeals language requiring a writ of sequestration when the judgment debtor is a government employee, and provides that all garnishments against such employees shall proceed in the same manner as any other garnishment proceedings.

These provisions are substantially similar to provisions contained in HCS/SB 621 (2014), HCS/HB 1612 (2014), and similar to provisions contained in HB 204 (2013) and SS/SCS/HCS/HB 374 & 434 (2013).

SUNDAY SALES - 578.120

This act exempts sales of motorcycles from the prohibition of motor vehicles sales on Sundays.

This act is identical to HCS/HB 1735 (2014) and is similar to SB 791 (2014).

MEGHAN LUECKE

HA 1: REMOVES A PROVISION REGARDING POINTS FOR MINORITY OR WOMEN'S BUSINESS ENTERPRISES AND MAKES TECHNICAL CORRECTIONS.

HA 2: ADDS A PROVISION REGARDING SCHOOL ACCOUNTABILITY REPORT CARDS.

HA 3: MODIFIES THE MINORITY AND WOMEN'S BUSINESS ENTERPRISES PROVISION, MAKES THE FIRE SPRINKLER REQUIREMENT EXPIRE IN 2024, REMOVES THE VENTURE CAPITAL INVESTMENT PROVISIONS, MAKES A PROVISION PROHIBITING RESTRICTIONS ON PUBLIC INCENTIVES APPLY ONLY TO INCENTIVES FOR FOSSIL FUEL ELECTRIC POWER GENERATION FACILITIES, ADDS ALL-TERRAIN VEHICLES TO THE TYPES OF VEHICLES THAT MAY BE SOLD ON SUNDAYS, AND REPEALS A PROVISION OF CURRENT LAW REGARDING VEHICLES IN FUNERAL PROCESSIONS.

HA 4: ADDS A PROVISION RELATING TO SCHOOL DISTRICT LEASES.

HA 5: CHANGES THE LAWS REGARDING MOTOR VEHICLE HEIGHT AND WEIGHT LIMITS FOR COMMERCIAL ZONES IN THE CITY OF COLUMBIA.

HA 6: ALLOWS A SEWER DISTRICT TO ESTABLISH A LATERAL SEWER SERVICE LINE REPAIR PROGRAM.

HA 7: CREATES THE FARM-TO-SCHOOL PROGRAM.

HA 8: ALLOWS THE LIBRARY DISTRICT IN SALINE COUNTY TO ESTABLISH A SALES TAX.

HA 9: REPEALS UNREVISED STATUTES FROM THE 1800S DEALING WITH THE CIRCUIT COURT IN RANDOLPH COUNTY.

HA 10: RAISES THE LICENSE FEE THE CITIES OF FLORDELL HILLS AND EDMUNDSON CAN LEVY ON HOTEL AND MOTEL ROOMS.

HA 11: ALLOWS CORRECTIONS OFFICERS TO ACCRUE COMPENSATORY LEAVE TIME.

HA 12: ADDS A PROVISION RELATING TO LOBBYIST FILINGS AND REPEALS A DOUBLY ENACTED PROVISION.

HA 13: PROVIDES IMMUNITY TO SHERIFFS, DEPUTY SHERIFFS, AND EMPLOYEES OF SHERIFFS.

HA 14: UPDATES A DESCRIPTION OF JEFFERSON COUNTY TO ACCOMMODATE A CHANGE IN THE CLASSIFICATION AND POPULATION OF THE COUNTY AND REPEALS A DOUBLY ENACTED STATUTE.

HA 15: PROVISIONS A RECALL PETITION PROCESS FOR ELECTIVE OFFICERS OF CERTAIN FOURTH CLASS CITIES.

HA 16: MODIFIES PROVISIONS RELATING TO THE MISSOURI REAL ESTATE APPRAISERS COMMISSION.

HA 17: ALLOWS CITIES AND TOWNS TO PROHIBIT DOGS FROM RUNNING AT LARGE AND PROVIDES THAT THE GENERAL ASSEMBLY PREEMPTS THE REGULATION OF CITIES AND TOWNS RELATING TO BREEDS OF DOGS.

HA 1 TO HA 17: SPECIFIES THAT CERTAIN POLITICAL SUBDIVISIONS MAY REQUIRE THE NEUTERING OF SPECIFIC DOG BREEDS.

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