SB 112 Modifies provisions relating to political subdivisions
Sponsor: Schatz
LR Number: 0169S.09T Fiscal Notes
Committee: Local Government and Elections
Last Action: 7/11/2017 - Signed by Governor Journal Page: S1913
Title: CCS#2 HCS SCS SB 112 Calendar Position: 7
Effective Date: August 28, 2017
House Handler: Tate

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CCS#2/HCS/SCS/SB 112 - This act modifies provisions relating to political subdivisions.

COUNTY BUDGETS (Sections 50.622 & 50.740): Under current law, a provision allowing counties to decrease their annual budgets expired on July 1, 2016. This act extends the expiration date to July 1, 2027.

This provision is identical to SCS/HB 200 (2017), and to a provision contained in HCS/SB 95 (2017), HCS/SB 114 (2017), and SCS/HB 843 (2017).

This act permits county clerks of counties of the third and fourth classification to send the counties' estimated budgets to the State Auditor by email or other electronic system, and permits the State Auditor to send a receipt by the same method. The act also permits county clerks and the State Auditor to correspond electronically for the purpose of complying with a provision relating to estimated budgets.

This provision is identical to SCS/HB 843 (2017) and HB 849 (2017), identical to a provision contained in HCS/SB 114 (2017).

OFFICE OF THE COUNTY TREASURER (Section 54.040): This act repeals a provision stating that no sheriff, marshal, clerk or collector, or the deputy of any such officer, shall be eligible to the office of treasurer of any county.

This provision is identical to a provision contained in SCS/HCS/HB 199 (2017).

COUNTY TREASURER TRAINING EXPENSES (Section 54.261): This act requires that expenses incurred by county treasurers for attending required training sessions be reimbursed to the treasurer.

This provision is identical to HB 967 (2017).

ADVANCED INDUSTRIAL MANUFACTURING ZONES (Section 68.075): This act modifies the Advanced Industrial Manufacturing Zones Act by changing the definition of "new job" to a job for which an employee is paid at or above the county average wage rather than the state average wage if the county average wage is lower than the state average wage.

This act also allows a port authority to establish an AIM zone in an area within the port authority's ownership or control, and allows a port authority to expand or contract the area of an AIM zone by resolution.

This provision is identical to HB 811 (2017), and to provisions contained in SB 302 (2017) and HCS/SCS/SB 399 (2017).

KANSAS CITY POLICE DEPARTMENT (Section 84.514): This act allows the chief of police for the Kansas City Police Department to appoint a lieutenant colonel who shall be responsible for matters relating to homeland security and disaster communications.

This provision is identical to SB 25 (2017), HB 752 (2017), and similar to SB 1066 (2016) and HB 2463 (2016).

PUBLIC SAFETY SALES TAX (Sections 94.900-94.903): This act adds certain cities to the list of cities currently authorized to impose, upon voter approval, a sales tax of up to 0.5% for public safety purposes. The additional cities shall be 4th class cities with a population between the ranges of 4,500 and 5,000, 7,000 and 8,000 and 13,500 and 16,000.

For 4th class cities with a population between 9,500 and 10,800, the sales tax proposal will remain in effect until December 31, 2038. If the proposal is initially defeated, then such city cannot resubmit the proposal to the voters for at least twelve months. For such 4th class cities, the act authorizes a similar public safety sales tax, upon voter approval, but provides that a sales tax approved under this provision must be resubmitted to the voters every 25 years.

These provisions are similar to provisions contained in HCS/SB 124 (2017) and HCS#2/HBs 48, et. al (2017).

POLITICAL SUBDIVISION ANNUAL REPORTS (Section 105.145): This act requires the State Auditor's office to report any political subdivision failing to submit its annual financial statement to the Department of Revenue (DOR). The DOR shall notify the non-compliant political subdivision, by certified mail, that it has 30 days from the postmarked date to submit the required statement to the State Auditor's office. If the statement is not received, the political subdivision shall be fined $500 per day beginning on the 31st day from the postmarked date.

These provisions are identical to provisions contained in HB 849 (2017).

TIMELINESS OF TAX PAYMENTS (Section 139.100): This act allows the collector of certain taxes paid by postal mail to use his or her judgment regarding the timeliness of the payment, if the postmark on the mailed payment is absent, illegible, or otherwise inconclusive.

This provision is identical to a provision contained in HCS/SB 332 (2017) and HCS/HB 703 (2017).

CONSOLIDATED PUBLIC LIBRARY DISTRICTS (Sections 182.640 & 182.660): This act adds trustees, as outlined in the act, to the boards of existing consolidated public library districts enlarged by: incorporating into it any county public library district; or incorporating into it any city, municipal, school, or other public library district which does not include an entire county, but includes territory outside of the consolidated district's existing boundaries.

This act also adds one trustee to the board of a consolidated public library district where a city or municipality is petitioning to be part of that consolidated library district and that municipality is partially located in a county that does not participate in the consolidated library district. The new trustee is appointed by the non-participating county.

Once the petitioning district is admitted, transfers its property, and an additional trustee is appointed by the county, the petitioning library district and its board of trustees shall cease to exist.

These provisions are similar to HB 568 (2017), HB 1914 (2016), and HB 875 (2015).

ROAD DISTRICT CONSOLIDATION (Section 233.295): This act authorizes a county commission to combine two or more road districts within the county upon petition request by a majority of the commissioners in each of the road districts seeking to be combined. The county commission shall hold a public hearing after publishing notice for a period of 4 weeks in a newspaper of general circulation in the county. The county may issue an order to consolidate the districts if it finds, after the public hearing, that the consolidation is in the public good. The act also designates the procedure for appointing commissioners to the new consolidated district and transferring of assets, liabilities, and tax levies. The provisions for consolidation do not apply to road districts located in two counties.

These provisions are identical to provisions contained in HCS/SB 30 (2017) and SCS/HCS/HB 647 (2017).

TAX LEVY CERTIFICATION DATE (Sections 242.460-245.185): This act changes the installment levy certification date from October 31 to September 30 each year for drainage districts and levee districts.

These provisions are identical to HB 790 (2017).

PUBLIC SAFETY SALES TAX (Sections 321.242 & 321.426): Upon voter approval, the act authorizes certain fire protection districts in Mississippi and Ripley counties to impose a sales tax not to exceed 0.5% for the purpose of providing revenue for the operation of the district.

These provisions are identical to provisions contained in HCS/SB 282 (2017), HCS/SB 134 (2017), and similar to HCS #2/HB 48 (2017).

MISSOURI ENERGY EFFICIENCY INVESTMENT ACT (Section 393.1075): Currently, customers of electrical corporations that receive either a low-income housing or historic preservation tax credit are not eligible to participate in any demand-side program offered by an electrical corporation if such program offers a monetary incentive to the customer. This act repeals this provision.

These provisions are similar to SB 458 (2017) and HB 648 (2017), and similar to provisions contained in SCS/SB 190 (2017), SB 214 (2017), SB 412 (2017) and HB 628 (2017).

PUBLIC ADMINISTRATORS (Sections 473.730-475.120): This act requires candidates for the office of public administrator provide 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 $10,000 with one or more securities, rather than two or more securities.

These provisions are identical to provisions contained in HCS/SB 111 (2017), identical to SCS/SB 698 (2016) and similar to SB 495 (2015).

The act also modifies the duties of a public administrator. A public administrator can exercise his or her duties as specified in statute upon the appointment by the probate court. Additionally, a public administrator no longer has the duty to take charge of all minors in certain situations, minors under the age fourteen who have no legal guardian, or has charge and custody of the estate of a deceased person when moneys are delivered from the county coroner.

The act states that a guardian may execute a preneed contract for a ward's funeral services. If a next-of-kin does not exercise his or her right of sepulcher within ten days of the ward's death, then the guardian may consent for the disposition of the body.

These provisions are identical to provisions contained in HCS/SB 111 and similar to HB 921 (2017).

This act repeals a provision requiring the public administrator to be ex officio public conservator. (Formerly Section 473.747).

LAND CONVEYANCE (Section 1): This act authorizes the Department of Natural Resources to convey certain properties located in Jackson County to the City of Independence.

This provision is identical to a provision contained in HCS/SCS/SB 421 (2017), HCS/SB 488 (2017), and SCS/HB 956 (2017).

JAMIE ANDREWS