SB 124
Modifies provisions relating to political subdivisions
Sponsor:
LR Number:
0554S.02P
Last Action:
5/12/2017 - S Bills with H Amendments--SS for SB 124-Wasson, with HA 1
Journal Page:
Title:
SS SB 124
Calendar Position:
Effective Date:
August 28, 2017
House Handler:

Current Bill Summary

HCS/SS/SB 124 - This act modifies provisions relating to political subdivisions.

POPULATION DESIGNATIONS IN STATUTE - Section 1.100 - Currently, any law that is limited to certain cities, counties or political subdivisions based on population at the time of enactment shall include any such entity that later acquires such population. This act provides that once such an entity comes under operation of such a law, a subsequent change in population shall not remove the city, county, or political subdivision from the operation of that law.

This act is similar to SB 949 (2016).

STATUTORY COUNTY RECORDERS FUND - Section 50.1190 - This act authorizes a county recorder to collect an additional one dollar on the recording of certain instruments, which shall be deposited in the statutory county recorders fund.

CERF - Sections 50.1190,52.290, 137.280, 137.345, 140.100 - This act increases various existing fees that are deposited in the county employees' retirement fund (CERF) and creates a new fee that will also be paid into the fund.

A fee collected from the recorder of deeds on all documents recorded or filed is increased from six dollars to nine dollars.

A fee collected on delinquent and back taxes of which three-sevenths is paid to CERF is changed from seven percent of all sums collected to nine percent. Of the nine percent collected two-ninths is paid to the county general fund, two-ninths is paid to the county's tax maintenance fund, and five-ninths is paid to CERF.

Penalty fees for a taxpayer failing to return personal property assessment lists to the county assessor are increased by five dollars. By December 31st of each year, the assessor must submit to CERF the log of property lists not returned for the current and previous calendar years and the dollar amount associated with the penalties waived by the assessor. CERF shall provide an analysis of expected revenue from assessed penalties compared to the actual revenue from such penalties to the Joint Committee on Public Employee Retirement.

Under the act, the collector and county clerk shall each receive five dollars for recording delinquent land lists and such fee shall go to CERF.

These provisions shall go into effect January 1, 2018, and are substantially similar to provisions in HCS/SS/SB 62 (2017), SCS/HCS/HB 831 (2017) and SCS/SB 295 (2017).

REGULATION OF DOGS - Section 67.142 - This act provides that the General Assembly shall be the sole body to retain authority to regulate specific breeds of dogs, and voids any existing or future regulation enacted by a village, town, or city. However, villages, towns, and cities shall retain the authority to otherwise provide for the regulation of dogs without reference to a specific breed.

This provision is identical to HB 905 (2017) and to a provision contained in HCS/SB 114 (2017), HCS/SB 146 (2017), and HCS/SB 134 (2017), and is substantially similar to HB 1811 (2016).

COUNTYWIDE SALES TAXES - Section 67.547 - This act provides that no county shall submit a proposal to the voters which would result in a combined sales tax rate adopted under the County Sales Tax Act in excess of 1%.

This provision is similar to a provision in SCS/HCS/HB 935 (2017) and SS/SCS/SB 49 (2017).

PUBLIC SAFETY SALES TAX - Sections 94.900, 94.902, 94.903, 321.242, 321.246) - 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 include Charleston and Macon, as well as 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 the cities of Charleston and Macon, the sales tax proposal will expire ten years after voter approval unless re-approved by the voters. If the proposal initially fails, then the authorization for the tax is repealed. 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. Finally, the act authorizes certain fire protection districts in Mississippi and Ripley counties to impose, upon voter approval, a sales tax not to exceed 0.5% for the purpose of providing revenue for the operation of the district.

These provisions are similar to HCS/HB 48 (2017).

ISSUANCE OF CERTAIN BONDS - Section 108.170 - This act provides that certain political subdivisions, as described in the act, issuing more than $10 million debt in a calendar year shall issue such debts through a competitive process unless such political subdivision employs the services of municipal advisor, as defined in the act. Such political subdivisions may use a negotiated or competitive process.

Any person who is engaged as a municipal advisor by a political corporation or subdivision with respect to a particular issue of securities shall be independent, as defined in the act, of the underwriter of that issue of securities.

The State Treasurer shall make relevant information regarding debt issuance and bidding practices available to certain political subdivisions.

This provision is identical to a provision contained in HCS/SB 95 (2017), HCS/SCS/SB 112 (2017), and HCS/SS/SB 124 (2017), is substantially similar to HB 545 (2017) and HCS/HB 950 (2017), and is similar to HB 2251 (2016), HB 204 (2015), and HCS/SB 148 (2015).

PUBLIC SAFETY OFFICER OR EMPLOYEE SURVIVOR GRANT - Section 173.260 - This act adds the children or spouse of certain employees of the state fire marshal, emergency medical technicians, and air ambulance personnel who are killed or permanently and totally disabled in the line of duty to be eligible for a higher education grant.

EMERGENCY MEDICAL SERVICES - Sections 190.103, 190.142, 190.144, and 190.165 - This act provides that the state Emergency Medical Systems (EMS) medical director shall be elected by the members of the regional EMS Medical Director's Advisory Committee, shall serve a term of four years, and shall seek to coordinate EMS services between EMS regions, promote educational efforts for agency medical directors, represent Missouri EMS nationally, and seek to incorporate the EMS system into the health care system serving Missouri. Regional EMS medical directors and the state EMS medical director are considered public officials for purposes of certain immunity and public duty doctrines. The state EMS medical director's advisory committee shall be considered a peer review committee for certain tort actions for damages.

The act authorizes regional EMS medical directors to provide online medical direction to certain emergency medical technicians when providing care to special needs patients or at the request of a local EMS agency. Such regional directors may also develop protocols for special needs patients as outlined in the act. Licensure requirements for emergency medical technician-paramedics (EMT-P) are modified with regard to accreditation for such EMT-P programs. No emergency medical technician shall be liable, if acting in good faith and without gross negligence, for the administration of a patient's personal medication when deemed necessary.

Currently, there are restrictions on whom a licensee who is the subject of an investigation by the Department of Health and Senior Services may have present during his or her interview by the Department. This act removes the restriction prohibiting a licensee from having other ambulance or emergency personnel present. The Administrative Hearing Commission shall hear all relevant evidence on remediation activities of the licensee and shall make a recommendation to the Department as to licensure disposition based on such evidence.

LINE OF DUTY COMPENSATION ACT - Section 287.243 - Under current law, survivors of a deceased law enforcement officer, emergency medical technician, air ambulance pilot, air ambulance registered professional nurse, or firefighter who is killed in the line of duty are eligible to receive $25,000 in compensation. Under this act, a claim for compensation can be filed by the spouse, child, or personal representative of the estate and such compensation shall be awarded as follows:

• If there are no children, the surviving spouse shall be awarded compensation;

• If there is at least one eligible child and a surviving spouse, the child shall receive 50% and the surviving spouse shall receive 50%, provided that if there are multiple children, the children shall receive equal shares of 50% of the compensation;

• If there is no surviving spouse, any eligible surviving children shall receive equal shares of the compensation;

• If there is no surviving spouse or qualified surviving child, compensation shall be awarded to the decedent's estate.

The definition of "firefighter" is modified to include a uniformed employee of the state fire marshal or an emergency medical technician.

This act is similar to provisions in HCS/SB 282 (2017), SS/SCS/SB 113 (2017), SS/SCS/SB 66 (2017), SCS/HB 289 (2017), substantially similar to HB 426 (2017), and similar in concept to HB 33 (2015).

WEIGHT LIMITATIONS FOR LOG TRUCKS - Sections 301.010 and 301.062 - This act authorizes a local log truck to obtain an extended distance local log truck permit for an additional $300. This permit allows the truck to transport harvested and processed forest products outside the 100-mile radius at weight limits specified for commercial vehicles.

This provision is identical to HCS/HB 1114 (2017) and similar to HB 2412 (2016).

MARRIAGE LICENSES - Section 451.090 - Currently, a county recorder must issue a license authorizing the marriage of any person under 15 years of age so long as certain requirements are met. This act increases the age to 17 years and requires the court to hold a hearing at which the parties seeking a marriage license must present evidence that the marriage is advisable. No marriage license shall be issued to any person 21 years of age or older if the other party to the marriage is less than 17 years of age. Applicants are required to provide proof of age documentation.

This provision is identical to HCS/HB 270 (2017).

MUNICIPAL JUDGES (479.020)

Under current law, a judge cannot serve as a municipal judge in more than five municipalities. This act specifies that a court serving more than one municipality shall be treated as a single municipality for the purposes of this requirement.

This provision is identical to a provision in HCB 1 (2017).

MINOR TRAFFIC VIOLATIONS - Sections 479.353 and 479.354 - When an individual has been held in custody on a notice to show cause warrant for an underlying minor traffic violation, this act allows the court to waive or reduce the original fine or sentence.

The act further requires any notice to appear in court, citation, or summons for a minor traffic violation to include the date and time a defendant is to appear in court when the defendant is first provided the summons, notice to appear in court, or citation. If the summons, notice to appear in court, or citation does not include such information when first given to the defendant, the notice, citation or summons will be void.

This provision is identical to HCS/HB 380 (2017).

JIM ERTLE

Amendments