Missouri State Senate

House Committee Substitute

HCS/SB 364 - This act modifies provision relating to political subdivisions.

PASSPORT SERVICE (49.130)

This act allows the county recorder of deeds to offer passport services if the circuit clerk in the county does not offer such services. If the recorder does not offer such services, the county commission, or a county officer designated by the county commission, may take or process applications for passports. Fees charged for the service are retained by the county office that provides the service.

This provision is similar to SB 539 (2015) and a provision in HCS/SB 148 (2015).

NUISANCE ABATEMENT ORDINANCES (67.410)

Under current law, a municipal or county nuisance ordinance must provide notice to the property owner or occupant by personal service or certified mail. This act allows for notice by mail so long as a signature from the recipient is required for delivery.

Current law requires certain orders regarding nuisance properties issued by the building commissioner or other designated officer be certified by the city clerk or officer in charge of finance. This act provides that the building commissioner or other office certifies such orders.

Under this act, the unpaid board-up costs and permit fees and associated administrative costs may be added to the real estate taxes of the property whenever the city, town, village, or county pays to board the property, or the property is secured, repaired, or cleaned without the necessary permits.

This provision is similar to SB 387 (2015) and HB 1348 (2015). This provision is similar to a provision in HCS/SCS/SB 315 (2015).

CONVENTION CENTERS (67.617)

This act prohibits leases for convention center and related facilities from being considered public records under certain circumstances as set forth in the act. This provision shall not apply to leases involving a professional sports franchise.

This provision is similar to a provision in HCS/SB 148 (2015), SS/HCS/HB 137 (2015), HCS/SCS/SB 245 (2015), and HCS/SB 389 (2015).

POLITICAL SUBDIVISION DEFINITION (70.210)

This act adds sheltered workshop boards to the definition of "political subdivision".

This provision is substantially similar to SB 506 (2015) and HB 751 (2015). This provision is similar to a provision in HCS/SS/SCS/SB 174 (2015).

REMOVAL OF A LAW ENFORCEMENT OFFICER (71.1000)

The act establishes procedures for a governing body of a political subdivision to follow prior to the removal of a law enforcement officer from employment. Such procedures include notice to the officer, a statements of facts supporting just cause for removal, opportunity for the officer to be heard, and a simple majority vote by the governing body that the burden of just cause has been met for removal. The just cause standard is met if the officer is unable to perform the duties with reasonable competence as a result of a mental condition, has committed any act that constitutes reckless disregard for safety, has misrepresented a material fact for any improper or unlawful purpose, acts in a manner for the sole purpose of furthering his or her self-interest in a manner inconsistent with the interest of the public, violates any law which constitutes a felony, or is found to be insubordinate or in violation of a policy.

This provision is similar to HB 1294 (2015). This provision is similar to a provision in HCS/SCS/SB 107 (2015) and HCS/SCS/SB 146 (2015).

ANNEXATIONS (72.150)

This act allows municipalities in first or second class counties with intergovernmental agreements to consolidate if they are less than one mile apart and are connected by at least two public maintained right of ways.

This provision is similar to a provision in HCS/SB 221 (2015) and HCS/SCS/SB 315 (2015).

SECURITY PERSONNEL, KANSAS CITY (84.720)

This act provides that if a person has an occupational license issued by the Missouri Gaming Commission, then such person does not have to obtain a written license from the president of the police commissioners in order to act as a private security personnel or provide private security services in Kansas City.

This provision is similar to a provision in HCS/SCS/SB 146 (2015), HCS/SCS/SB 245 (2015), and to HCS/HB 1154 (2015).

KANSAS CITY TRANSPORTATION SALES TAX (92.402)

Currently, the Kansas City transportation sales tax will expire on December 31, 2015. This act extends the tax indefinitely.

This provision is similar to SB 190 (2015), HB 739 (2015), HB 1082 (2015), SB 940 (2014), and HB 2067 (2014). This provision is similar to a provision in HCS/HB 1154 (2015) and HCS/SCS/SB 245 (2015).

BUSINESS LICENCE TAXES ON HOTELS (94.360)

This act limits the amount of business license taxes on hotels to the greater of 0.125% of the hotel's gross revenues or the tax rate imposed on May 1, 2015. This provision does not apply to taxes imposed by cities to pay off bonds outstanding as of May 1, 2005.

SPRINGFIELD PUBLIC SAFETY SALES TAX (94.579)

Currently, every five years the city of Springfield must submit to the voter the question of whether to repeal its public safety sales tax. This act modifies the ballot language so that the question will be whether to continue the tax. Failure by the voters to approve continuation will result in a repeal of the tax.

This provision is identical to SB 421 (2015) and SB 607 (2014). This provision is similar to a provision contained in SS/SCS/HCS/HBs 517 & 754 (2015), HCS/SCS/SB 300 (2015), HCS/SCS/SB 315 (2015), and CCS/SCS/HB 1553 (2014).

PUBLIC SAFETY SALES TAXES (94.902)

This act authorizes the City of Liberty and North Kansas City to impose, upon voter approval, a sales tax of up to .5% solely for the purpose of improving the public safety of the city, including expenditures on equipment, salaries and benefits, and facilities for police, fire, and emergency medical providers.

This provision is identical to HCS/HB 566 (2015) and a provision contained in HCS/SS/SCS/SB 87 (2015), HCS/SS/SCS/SB 115 (2015), HCS/HB 1154 (2015), HCS/SCS/SB 245 (2015), the perfected version of HCS/HB 268 (2015), and HCS/HB 2116 (2014). This provision is similar to HB 1853 (2014) and HB 1443 (2014). This provision is similar to a provision contained in HCS/SB 607 (2014), HCS/SCS/SB 630 (2014), HCS/SB 631 (2014), and HCS/SB 773 (2014).

BOONE COUNTY TIF COMMISSIONS (99.820)

Currently, tax increment financing commissions in Boone County consist of two members appointed by school districts in the redevelopment area, one appointed by the other affected taxing districts, and six appointed by the municipality. This act lowers the number appointed by the municipality to four and adds four members appointed by the presiding county commissioner or county executive.

TAX INCREMENT FINANCING REFUNDS (99.848)

Current law provides that any district providing emergency services is entitled to reimbursement from the special allocation fund in an amount of 50 to 100 percent of the district's tax increment. This act specifies that an ambulance or fire protection district board, or an emergency telephone service 911 board, must set the reimbursement rate before the assessment is paid into the special allocation fund. The board reserves the right to recalculate the refund rate if the redevelopment project is amended.

This provision is similar to HB 868 (2015).

TRANSPORTATION DEVELOPMENT DISTRICTS (105.145, 238.222, & 238.272)

This act requires the State Auditor to report to the Department of Revenue any transportation development district that is subject to a fine for failing to timely file its annual financial statement. The act requires that upon notification from the State Auditor, the Department of Revenue shall notify a transportation development district by certified mail that the financial statement has not been received and the district may be subject to a fine not to exceed five hundred dollars a day. The transportation development district subject to the fine must contest the fine or file the annual financial statement within thirty days, otherwise the fine will be enforced and collected by the Department of Revenue. The Department of Revenue is authorized to collect the fine by offsetting any sales tax distributions through any means permitted under law for the collection of taxes, and must annually distribute the revenues from the fines, less a two percent collection fee, to the schools of the county in the same manner that proceeds for all penalties, forfeitures, and fines collected for any breach of the penal laws of the state are distributed. This act provides that any transportation development district with gross revenues of less than one thousand dollars annually shall not be subject to the fine.

This act also requires any transportation development district to notify the State Auditor in writing of the date it organized and provide contact information for the current board of directors within four months of the date of formation was approved by any court in this state. Any district which has been previously organized and for which formation was approved prior to August 28, 2015, shall provide the above information to the State Auditor by December 31, 2015.

This act also modifies the maximum costs to be paid by the district for a statutorily permitted or petition audit of the district performed by the State Auditor to be only the actual costs and cannot exceed the greater of 3% of the district's gross revenues or 3% of its expenditures.

This provision is similar to HB 777 (2015) and HB 136 (2015). This provision is similar to a provision contained in HCS/SCS/SB 190 (2015).

NEWLY CREATED POLITICAL SUBDIVISIONS (137.081)

This act specifies that if a political subdivision is created before July first, it shall be considered effective for property tax assessment purposes on the date of certification of the vote approving such political subdivision. If the political subdivision is created on or after July first, it shall be considered effective as of the beginning of the following assessment year.

This provision is identical to HB 1242 (2015) and HB 616 (2015). This provision is identical to a provision contained in the perfected version of HB 879 (2015).

INCOME TAX REFUND DEPOSITS INTO MOST ACCOUNTS (143.1028)

This act allows taxpayers to have a portion of their income tax refund deposited into Missouri Higher Education Savings Plan Accounts. Taxpayers may also make deposits into such accounts by submitting an additional amount with their tax payment.

This provision is similar to HB 1060 (2015) and a provision contained in SCS/HCS/HB 811 (2015).

SHOW ME GREEN SALES TAX HOLIDAY (144.526)

This act increases the amount that an appliance may cost and qualify for the Show Me Green Sales Tax Holiday from $1,500 to $2,000.

This provision is similar to HB 1079 (2015).

REGIONAL EMS COMMITTEE (190.102 & 190.103)

Current law provides a list of topics that regional EMS advisory committees are to advise and provide recommendations to the region and Department of Health and Senior Services on.

This act adds community and regional time critical diagnosis plans to the list. In addition, this act provides that the regional EMS medical director must serve as a member of the regional EMS committee.

This act also provides that the regional EMS medical director must serve a four-year term. The southwest, northwest, and Kansas City regional EMS medical directors must be elected to an initial two-year term. The central, east central, and southeast regional EMS medical director must be elected to an initial four-year term.

These provisions are similar to provision in HCS/HB 868 (2015).

TRANSFERS OF CERTAIN PATIENTS (190.144 & 190.240)

This act provides that no licensed emergency medical technician, if acting in good faith and without gross negligence, is liable for transporting persons ordered detained as a result of drug or alcohol abuse or a mental disorder or for physically or chemically restraining an at-risk behavioral health patient if the restraint is to ensure the safety of the patient or technician.

This act requires hospitals and nursing homes to have policies and procedures that require the hospital or facility to give advance notification to emergency medical services personnel prior to the transportation of any at-risk behavioral health patient.

Any physician treating an at-risk behavioral patient in an emergency situation who, after assessing the patient, determines that there is a reasonable cause to believe there is a likelihood that the patient may cause an imminent serious harm to himself, herself, or others unless the patient is immediately transported to another appropriate facility may place the patient on a temporary involuntary hold for a period of time necessary to effectuate the patient's transport. During the transport, the emergency medical services personnel may rely on the physician’s hold order as a basis for implied consent to treat and transport the patient and shall not be liable for any claims of negligence, false imprisonment, or invasion of privacy based on such temporary hold, treatment, or transport of the patient.

These provisions are similar to HB 1148 (2015) and to provisions contained in HCS/HB 868 (2015).

CAUSE FOR DISCIPLINE FOR LICENSED EMS PROVIDERS (190.165 & 190.173)

Currently, the Department of Health and Senior Services may cause a complaint to be filed with the Administrative Hearing Commission against a holder of certain emergency-service-related certificates, licenses, or permits if the person violates certain specified regulations. This act modifies the list of regulations.

In addition, this act requires the department to explain to a licensee who is the subject of an investigation that the licensee has the right to legal counsel, have anyone present he or she desires, and refuse to answer any question or provide any written statement. This act specifies that the assertion of any of the above rights is not to be deemed as a failure to cooperate.

Under this act, the department may impose a suspension or revocation as a disciplinary action only if it first files a complaint with the Administrative Hearing Commission. The commission is not permitted to grant summary judgement if the licensee files an answer contesting the department's complaint.

Under this act, all complaints, investigatory reports, and information pertaining to any applicant, holder of any certificate, permit, or license, or other individual are confidential and must only be disclosed upon written consent of the person whose records are involved or to other administrative or law enforcement agencies acting with the scope of their statutory authority. No applicant, holder of any certificate, permit, or license, or other individual shall have access to any complaints, investigatory reports, or information concerning an investigation in progress.

This act provides that certain information regarding licensees and final disciplinary actions is not confidential.

These provisions are similar to provisions contained in HCS/HB 868 (2015).

REGIONAL JAIL DISTRICTS (221.407)

Currently, regional jail districts are authorized to impose a sales tax of up to 1/2% on sales in the district. The authority to impose this tax expires on September 30, 2015. This act extends the authority of the districts to collect the tax until September 30, 2027.

This provision is identical to SB 258 (2015), HB 639 (2015), SB 897 (2014), and HB 1923 (2014). This act is similar to a provision in the perfected version of HB 612 (2015), HCS/SS/SCS/SB 87 (2015), HCS/SCS/SB 245 (2015), HCS/SB 405 (2015), HCS/SB 497 (2015), HCS/HB 2112 (2014), CCS/HCS/SB 584 (2014), and HCS/SCS/SB 824 (2014).

CLASSIFICATION OF EMPLOYEES (285.517)

This act requires the Department of Labor and Industrial Relations to classify an employee as an independent contractor if such employee is classified as such for federal employment tax purposes.

This provision is similar to HCS/HB 461 (2015).

LLC AFFIDAVIT FILING FOR UNOCCUPIED PROPERTY (347.048)

Currently, limited liability companies leasing real property to others or owning unoccupied real property in Kansas City must file an affidavit with the city clerk listing the manager of the property. This act requires the affidavit to name a natural person with control of the property and his or her street address.

If the person who manages the property changes, the LLC must file a new affidavit listing a successor manager within 30 days. No LLC may be charged a fee for filing a required affidavit. If an LLC required to file an affidavit fails to file an affidavit, any person adversely affected or the city may petition the court to direct the filing of an affidavit.

This provision is similar to HCS/HB 864 (2015), SCS/SB 335 (2015), and HB 895 (2015). This provision is similar to a provision contained in HCS/HB 1154 (2015), HCS/SS/SCS/SB 87 (2015), HCS/SB 148 (2015), HCS/SCS/SB 245 (2015).

LANDLORD TENANT ACTIONS (534.350, 534.360, 535.030, 535.110, & 535.160)

Currently, in unlawful detainer and forcible entry and detainer suits an execution of the judgment may be issued at any time after judgment, but the restoration of the property cannot occur until after the expiration of time allowed to file an appeal. This act provides that in these types of suits the judge shall not issue an execution of the judgment until ten days after the judgment. If an appeal is filed and the losing party posts an appeal bond, then the execution of the judgment shall be temporarily suspended while the appeal is pending.

The act moves the provision of law specifying that if it appears to the officer executing the judgment that the defendant is hindering or delaying the seizure of property then rents, profits, damages, and costs may be seized before the expiration of the time allowed for taking an appeal to a new section and repeals the current section of law.

Currently, in rent and possession suits an appeal shall stay execution of the judgment if the defendant gives bond within ten days "after it becomes due." The act specifies that the bond must be deposited with the court within ten days after an entry of judgment.

These provisions are similar to HCS/HB 1006 (2015). These provisions are similar to provisions contained in HCS/SS/SCS/SB 67 (2015), HCS/SB 148 (2015), and HCS/SCS/SB 340 (2015).

FEES CHARGED AT TERMINATION OF RENTAL TENANCY (535.300)

This act also allows rental agreements to specify fees to be charged for certain services that will return a rental premises to its condition at the commencement of the tenancy.

This provision is identical to HB 1330 (2015). This provision is similar to a provision in HCS/SB 148 (2015).

PERSONNEL ADVISORY BOARDS (Section 590.652)

This act allows cities and counties to establish personnel advisory boards to hear appeals of disciplinary actions taken against law enforcement officers. The board members will be appointed by the governing body of the city or county. The board will submit its findings and recommendations to the governing body of the city or county.

This provision is similar to HB 1295 (2015).

OPEN RECORDS (610.010)

Currently, records retained by public governmental bodies are considered public records and open to the public, with certain exceptions. This act creates a new exception for documents which have never been public and which are in the possession of a public governmental body, its employees, or a consultant.

JOINT COMMITTEE ON HUMAN INVESTMENT AND SOCIAL IMPACT BONDS (660.755)

This act establishes the Joint Committee on Human Investment and Social Impact Bonds consisting of 6 members of the House of Representatives and 6 members of the Senate. The Committee shall perform certain duties as set forth in this act, including preparing a full report on social impact bonds for submission to the General Assembly by January 30 of each year. This section and the Committee shall expire on January 30, 2020.

This provision is similar to HB 1324 (2015) and a provision contained in HCS/SB 148 (2015).

JOINT LEGISLATIVE TASK FORCE ON SCRAP METAL SALVAGE DEALERS (Section 1)

This act creates the Joint Legislative Task Force On Scrap Metal Salvage Dealers consisting of four members of the General Assembly. The Task Force will ways to improve or reduce the theft and sales of materials as scrap metal. The Task Force will submit a report to the Governor and General Assembly by December 31, 2015.

KANSAS CITY TRANSIT SYSTEM (Section 2)

This act provides that sovereign immunity as existed at common law prior to September 12,1977, shall apply to private entities employed to provide governmental services that provide a general public benefit and serve the public health and welfare to or on behalf of a government entity or nonprofit formed for the purpose of managing a streetcar transit system located in Kansas City, in tort actions where the injury occurred on or after August 28, 2015. Such immunity is waived in certain situations as provided by current law.

This provision is similar to a provision in HCS/SB 148 (2015).

MIKE HAMMANN

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