HB 1912 Contains provisions relating to taxation, political subdivisions, and certificates of need

     Handler: Schatz

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HCS/HB 1912 - This act contains provisions relating to counties, residential dwelling rentals, property taxation, public library districts, and certificates of need.

COUNTY COMMISSIONER CONFLICTS - 49.098

This act allows the county commissioner of all counties serving on various boards and commissions to participate in the affairs of the body and vote on any funding request submitted to the county commission.

This provision is identical to a provision of the truly agreed to and finally passed HB 2237 (2016), HB 981 (2015), and a provision of SB 874 (2016).

COUNTY BUILDINGS - 49.410 to 49.440

Current law requires the county commission to appoint a person to superintend the erection of county buildings. The superintendent of buildings must prepare building plans, advertise for bids for the construction of buildings, take performance bonds from contractors, and oversee and direct the execution of the work. This act repeals the provision requiring the appointment of a superintendent of buildings and provides that the county commission shall have the building plans prepared, advertise the bids, take performance bonds from contractors, and contract for the oversight and direction of the work.

COUNTY CONTRACTS - 50.660, 50.783, & 50.790

Current law provides that no contract imposing a financial obligation on a county or township is binding unless it is in writing and the accounting officer certifies that there is an unencumbered balance to the credit of the appropriation to which it is to be charged and an unencumbered cash balance in the treasury to the credit of the fund from which payment is to be made sufficient to meet the obligation. This act provides that such requirements only apply to contracts in excess of $10,000.

In addition, counties must currently advertise a request for bids for contracts and purchases of $6,000 or more and must obtain bids on contracts and purchases of more than $4,500 with any one person or corporation during a 90-day period. This act provides that the advertising requirement applies to contracts or purchases involving expenditures of more than $10,000 and the bidding requirement applies to contracts or purchases involving expenditures of more than $10,000 from any one person or corporation during a fiscal year.

Current law requires a county commission to seek competitive bids or proposals on single feasible source purchases of $3,000 or more, and advertise for bids on such purchases of $5,000 or more. This act requires the commission to seek bids on single feasible source purchases of more than $5,000 and to advertise on such purchases of more than $10,000.

Under current law, a violation of the statutes regarding county purchases is a misdemeanor punishable by a fine of not less than $50 and not more than $1,000 and imprisonment of at least 30 days and no more than one year. This act provides that a violation is an infraction punishable by a fine of not more than $100.

COUNTY LIQUOR LICENSES - 55.161

This act repeals a provision requiring auditors in counties of the first and second classifications to countersign all liquor licenses and keep a record of such licenses.

COUNTY ZONING - 64.875

This act specifies that the commission that must hold hearings on the amendment of county zoning regulations is the county commission.

FIRST RESPONDERS - 67.145

This act defines "first responder" as any person trained and authorized by law or rule to render emergency medical assistance or treatment. First responders may include emergency first responders, police officers, sheriffs, deputy sheriffs, firefighters, ambulance attendants and attendant drivers, emergency medical technicians, mobile emergency medical technicians, emergency medical technician-paramedics, registered nurses, or physicians.

This provision is identical to a provision of the truly agreed to and finally passed CCS/HCS/SCS/SB 765 (2016) and the truly agreed to and finally passed CCS/HCS/SS/SB 732 (2016).

RESIDENTIAL DWELLING RENTALS - 67.5110 & 315.005

This act prohibits political subdivisions from enforcing or enacting ordinances that prohibit or unreasonably restrict residential dwelling rentals, or regulate such rentals based solely on their use as a residential dwelling rental. Ordinances in effect prior to August 28, 2016, may be enforced. Definitions for "residential dwelling" and "residential dwelling rental" are provided under the act.

This act lists certain types of regulations that may be imposed on residential dwelling rentals.

Guests of residential dwelling rentals must pay all applicable taxes imposed by the state or a local taxing entity, and the owner must collect and remit the taxes. When an owner uses a facilitation platform, which is defined by the act as an intermediary that facilitates the rental of residential dwellings and collects payment from transient guests, the facilitation platform must collect and remit any taxes a transient guest is required to pay. A marketing platform, defined as an intermediary that facilitates rentals but does not collect payment, must retain records of rentals and notify transient guests that they are obligated to pay certain taxes. Before facilitating the rental of a residential dwelling, a facilitation or marketing platform must require as a term of service that the owner of the rental certifies that the rental meets all applicable state and local requirements.

This act modifies the current definition of "transient guest" for purposes of certain laws regulating hotels, motels, and other similar lodging establishments to provide that such a guest is a person who occupies a room for less than 31 days in a calendar quarter.

These provisions are similar to SCS/SB 1117 (2016).

COMPETITIVE COMMUNICATIONS SERVICES - 71.282

This act prohibits a municipality from using financial resources to support a communications service offered by the municipality when a private business also offers the same communications service within the municipality unless the usage of funds for the service is specifically approved by the voters.

POLICE OFFICER REMOVAL IN THE CITY OF COLUMBIA - 71.1000

This act creates procedures for the removal of police officers employed by the City of Columbia by the city council.

This provision is similar to HB 2443 (2016).

PROPERTY TAXATION OF RAILS-TO-TRAILS - 137.100

Under current law, as an alternative to abandoning a railroad easement, an out-of-service rail corridor may be used as a trail until the railroad needs the corridor for rail service. Under this act, any portion of a landowner's parcel of land on which a trail is operated in this manner is exempt from property taxation.

This provision is identical to the truly agreed to and finally passed HCS/SB 867 (2016) and SCS/SB 1094 (2016).

CONSOLIDATED LIBRARY DISTRICTS - 182.660

Under this act, if a city or municipal library district petitions to join a consolidated public library district and the city or municipal library district is not in a county already participating in the consolidated district, the board of trustees of the consolidated district must expand to include an additional trustee appointed by the county governing body of the county not currently included in the consolidated district.

This provision is identical to HB 1914 (2016).

CLAY COUNTY EMERGENCY SERVICES BOARD - 190.326

This act allows the Clay County Commission to appoint a board to administer the funds collected from a telephone tax and oversee the central dispatch for emergency services in the county and in municipalities that have contracted for central dispatching services. The board shall consist of seven members as set forth in this amendment, and the board shall have all powers and duties relating to the provision of central dispatching service.

This provision is identical to a provision of SS/SCS/HCS/HB 1904 (2016).

COUNTY HEALTH ORDINANCES - 192.300

Under current law, both county commissions and county health center boards may make and establish orders, ordinances, rules or regulations under certain circumstances, but cannot conflict with any rules or regulations of the Department of Health and Senior Services or the Department of Social Services. This act requires the county commission and the county health center board to be in concurrence when establishing health orders, ordinances, rules or regulations, except in the case of an emergency.

This provision is identical to HCS/SB 676 (2016), HCS/SS/SB 937 (2016), HCS/HBs 2188, 1533, 1393, 2114, & 2113 (2016), HCS/HB 1823 (2016), SB 553 (2015) & HB 999 (2015) and similar to provisions in HCS/SB 506 (2014), HCS/HB 1728 (2014), HCS/HB 880 (2013), & HCS/SB 342 (2013).

CERTIFICATE OF NEED - 197.315 & Section B

This act also requires hospitals operated and licensed by the state, with the exception of Department of Mental Health-operated psychiatric hospitals, to obtain a certificate of need to comply with statutes relating to certificates of need. However, no certificate of need shall be required for the purchase and operation of medical equipment used by an academic health center operated by the state in furtherance of research or instruction.

This provision contains an emergency clause.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 635 (2016), the truly agreed to and finally passed CCS#2/HCS/SS/SB 608 (2016), the truly agreed to and finally passed CCS/SB 988 (2016), SB 973 (2016), HCS/HB 2441 (2016) and HCS/HB 2402 (2016).

INVESTMENTS FOR THE MAINTENANCE OF CEMETERIES - 214.160

This act provides that a county commission may, rather than shall, invest funds designated for the maintenance of a public or private cemetery as provided in statute and may utilize investment managers to invest and manage the assets. The investment manager shall act in the interest of the public or private cemetery and the entity making the gift or bequest, and according to additional requirements as provided for in the act.

This provision is identical to HCS/HB 2272 (2016).

EXTENSION COUNCIL - 262.590

This act allows a University of Missouri extension council to obtain financing in connection with the purchase or acquisition of property. The financed amount shall not constitute a debt of the University, and the University shall have no obligation for repayment for any part of the financed amount.

This provision is identical to the truly agreed to and finally passed HB 2237 (2016), HB 982 (2015), and a provision of SB 874 (2016).

FIRE PROTECTION DISTRICT SALES TAX - 321.553

Under this act, the governing body of any fire protection district serving an area that was or is being annexed by a city with a fire department may impose, upon voter approval, a sales tax in an amount up to 0.5 percent on retail sales provided that such sales tax shall be accompanied by a reduction in the district's property tax rate. If the sales tax receives approval by a majority of the voters voting on the proposal, then the sales tax is in effect and the governing body of the fire protection district must lower its property tax to a rate which reduces property tax revenues to 50 percent of what was collected in the preceding year.

All revenue received by a district from the sales tax must be deposited in the "Fire Protection District Sales Tax Trust Fund". Not later than the tenth day of each month the Director of Revenue must distribute all moneys deposited in the trust fund during the preceding month to the governing body of the district which levied the tax.

PUBLIC ADMINISTRATORS - 473.730

This act provides that candidates for the office of public administrator must provide to the election authority a copy of a signed affidavit from one surety company indicating that the candidate meets the bonding requirements. After being elected to office, a public administrator shall enter into bond to the state in a sum not less than ten thousand dollars with one or more securities, rather than two or more securities.

This provision is identical to a provision of HCS/SS/SCS/SB 698 (2016) and HCS/SB 577 (2016) and is similar to a provision of SB 679 (2016) and SB 495 (2015).

MEGHAN LUECKE

SA 1: REMOVES A PROVISION PROHIBITING A MUNICIPALITY FROM USING FINANCIAL RESOURCES TO SUPPORT A COMMUNICATIONS SERVICE OFFERED BY THE MUNICIPALITY WHEN A PRIVATE BUSINESS ALSO OFFERS THE SAME COMMUNICATIONS SERVICE WITHIN THE MUNICIPALITY UNLESS THE USAGE OF FUNDS FOR THE SERVICE IS SPECIFICALLY APPROVED BY THE VOTERS.

SA 2: PROVIDES THAT ONCE A COUNTY HAS COME UNDER OPERATION OF THE AUTHORIZING LANGUAGE REGARDING ISRS RATE SCHEDULES, A SUBSEQUENT CHANGE IN POPULATION SHALL NOT REMOVE THE COUNTY FROM THE OPERATION OF THE LAW.


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