HB 1695 Contains provisions relating to political subdivisions

     Handler: Wasson

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HCS/HB 1695 - This act allows certain counties to enact nuisance abatement ordinances, contains provisions relating to residential dwelling rentals, declares the intent of the General Assembly with regard to certain statutes limited in their operation to political subdivisions with specified populations, and requires water corporations filing ISRS petitions to implement a voluntary lead testing program.

NUISANCE ABATEMENT ORDINANCES - 67.402

This act allows St. Francois County, Taney County, and Cape Girardeau County to enact nuisance abatement ordinances.

This act is similar to a provision of the truly agreed to and finally passed CCS/HCS/SB 867 (2016) and HB 758 (2015).

RESIDENTIAL DWELLING RENTALS - 67.5110

This act prohibits political subdivisions from enforcing ordinances enacted after January 1, 2017, 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 January 1, 2017 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 provision is similar to SCS/SB 1117 (2016).

SPRINGFIELD PUBLIC SAFETY SALES TAX - 94.579

Under current law, the governing body of a home rule city with more than 150,000 but fewer than 151,600 inhabitants is authorized to impose, upon voter approval, a sales tax to fund public safety departments.

This act provides that once a city has come under operation of the authorizing language, a subsequent change in population shall not remove the city from the operation of the law. This act also provides that such was the intent of the General Assembly in the original enactment of the provision.

ST. LOUIS COUNTY ISRS - 393.1003

Current law allows a water corporation providing water service in a county with a charter form of government and with more than 1 million inhabitants to petition the Public Service Commission to establish or change infrastructure system replacement surcharge (ISRS) rate schedules to allow for the adjustment of the water corporation's rates and charges to provide for the recovery of costs for eligible infrastructure system replacements made in such county.

This act provides that once a county has come under operation of the authorizing language, a subsequent change in population shall not remove the county from the operation of the law. This act also provides that such was the intent of the General Assembly in the original enactment of the provision.

In addition, this act requires water corporations filing ISRS petitions to implement, by January 1, 2017, a voluntary lead testing program for its residential customers that are subject to ISRS rate schedules. Priority must be given to requests involving customer-owned lead service lines. This provision is identical to a provision of SCS/SB 848 (2016) and SS#1/HCS/HB 1717 (2016).

MEGHAN LUECKE


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