Missouri State Senate

Conference Committee Substitute

CCS#2/HCS/SCS/SB 672 - This act modifies provisions relating to political subdivisions, prosecuting attorneys, immunity for law enforcement officers, the Farm-To-School program, accumulation of asphalt shingles, and garnishments.

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.

This provision is identical to HB 2193 (2014).

PROSECUTING ATTORNEYS - 56.067, 56.363, 56.807, & 56.816

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 Cedar County, 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.

LAW ENFORCEMENT OFFICER IMMUNITY - 57.095

This act provides law enforcement officers with immunity from any civil or criminal liability while conducting service of process.

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 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 HB 1921 (2014), HCS/SB 621 (2014), and HCS/SB 614 (2014).

INITIATIVE PETITION IN SAVANNAH- 79.130 & 79.135

This act allows voters in the City of Savannah 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.

These provisions are similar to SB 764 (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.

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 the City of St. Louis from imposing restrictions by ballot measure on public financial incentives authorized by statute for businesses involved in bituminous coal and lignite surface mining.

This provision expires on December 31, 2017.

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

PUBLIC LIBRARY DISTRICT - 182.802

This act authorizes any public library district located in Saline County to impose a sales tax not to exceed one-half of one cent upon voter approval.

This act is identical to SB 768 (2014) and HB 1553 (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.

LATERAL SEWER SERVICE LINE REPAIR PROGRAM - 249.424

This act allows a sewer district created and organized under Chapter 249 to impose a fee of up to $50 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 sb 581 (2014) and the perfected version of SCS/SB 297 (2013).

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.

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 HB 2163 (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.

MISSOURI REAL ESTATE APPRAISERS COMMISSION - 339.507 & 339.531

This act provides that members of the Missouri Real Estate Appraisers Commission appointed after August 28, 2014 must not be from the same congressional district.

This act requires the commission to report annually to the General Assembly.

This act creates procedures for a person to file complaints with the commission about licensed appraisers. In addition, this act requires the commission to appoint a probable cause committee to review such complaints. This commission is required to adopt rules regarding the committee.

This act provides procedures for the review and investigation of the complaint, including notice requirements for the licensee. If the probable cause committee determines that the grievance has merit, it must present the case to the commission and the commission decides whether to proceed with an investigation. If the commission decides to investigate, the complaint becomes part of the licensee's record. This act provides procedures for the commission's investigation, including notification procedures. The commission is provided rulemaking authority.

The provision regarding complaints to the commission takes effect August 28, 2015.

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 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 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 have an effective date of January 15, 2015.

These provisions are 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).

MEGHAN LUECKE

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