HB 1442 Modifies provisions relating to local government

     Handler: Schatz

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HB 1442 - This act modifies several provisions relating to local government.

ZONING AROUND NATIONAL GUARD TRAINING CENTERS (SECTION 41.657)

This act allows the governing bodies of Newton county and certain other counties to adopt ordinances regulating incompatible land uses and structures, as defined in the act, within an unincorporated area surrounding the boundaries of any National Guard training center, if the county has participated in the completion of a joint land use study for the training center.

This provision is identical to the truly agreed to SS/HB 1504 (2018) and a provision in the perfected SS/SB 704 (2018).

LAW ENFORCEMENT MUTUAL AID REGION (Section 44.098)

The act establishes the law enforcement aid region consisting of Jasper and Newton Counties, the Joplin metropolitan area, and certain counties in the states of Oklahoma and Kansas that border Missouri. The act permits all law enforcement officers within the law enforcement aid region to respond to lawful requests for aid in critical incidents in any other jurisdiction in the law enforcement aid region. Any offender arrested or apprehended by an officer outside the officer's home state shall be delivered to the first officer who is commissioned in the jurisdiction in which the arrest was made.

This provision is identical to the perfected HCS/HB 2062 (2018).

COUNTY COMMISSIONER VACANCIES (SECTION 49.060)

Currently, when there is a vacancy in the office of county commissioner, the Governor is required to fill such vacancy with a person who resides in the district at the time of vacancy. This act changes that process so that when there is less than one year remaining in the term, the vacancy shall be filled by appointment by the Governor within 60 days. If there is one year or more remaining in the term, the Governor shall appoint, within 60 days, an eligible person with the advice and consent of the Senate.

These procedures do not apply to charter counties.

This provision is substantially similar to SB 665 (2018), a provision in the perfected SS/SB 704 (2018), the perfected SB 114 (2017), SB 701 (2016), SCS/SB 289 (2015), and HCS/HB 1632 (2016).

COUNTY BIDDING REQUIREMENTS (Sections 50.660 and 50.783)

Current law provides that counties are not required to advertise a request for bids for contracts and purchases of less than $4,500 with any one person or corporation during a 90-day period. This act provides that the bidding requirement shall not apply to contracts or purchases involving expenditures of less than $6,000.

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 and advertise on single feasible source purchases of more than $6,000.

This provision is identical to the perfected SS/SB 704 (2018) and substantially similar to SB 770 (2018).

DUTIES OF COUNTY OFFICIALS (Section 54.140)

A County Treasurer may have access to documents in possession of county employees or officials upon request when reviewing a warrant.

This provision is identical to the perfected SS/SB 704 (2018) and substantially similar to SB 1086 (2018).

RETIREMENT FOR PROSECUTING AND CIRCUIT ATTORNEYS

(Sections 56.363; 56.805; 56.807; 56.814; 56.833; 56.840)

This act changes provisions regarding the retirement system for prosecuting and circuit attorneys.

When a county votes to make the office of prosecuting attorney a full-time position then the position shall qualify for the same retirement benefits as a full-time prosecutor of a first class county and such county shall make the same contributions to the Prosecuting Attorneys and Circuit Attorneys' Retirement Fund (PACARS) as paid by a first class county.

The term "compensation" as used in the PACARS retirement statutes shall include any salary reduction amounts under a cafeteria plan or a deferred compensation plan, but not include reimbursement for any expenses, consideration for agreeing to terminate employment, or any unusual payment not part of regular work pay.

Beginning on January 1, 2019, all members who are eligible to receive an annuity equal to fifty percent of the final average compensation upon retirement will contribute two percent of their salary to the fund, and beginning in the year 2020, such members shall contribute four percent of salary to the fund. Upon retirement and at the discretion of the board of trustees, a member can receive a lump sum of his or her total contribution not to exceed twenty-five percent of average pay, in addition to any retirement benefits.

A person who becomes a member on or after January 1, 2019, may retire with a normal annuity with twelve or more years of service and reaching the age of sixty-five. Upon termination of employment such member is entitled to a deferred normal annuity payable at age sixty.

A former member who has forfeited creditable service may have the service restored again, in addition to requirements under current law, by becoming a an employee within ten years of termination and contributing an amount to the retirement fund equal to any lump sum payment of contributions received upon termination of service.

All members serving in a county that has elected to make the position of prosecuting attorney a full-time position shall receive one year of creditable vesting service for each year served as a part-time or full-time prosecuting attorney. However, a member serving as a part-time prosecuting attorney shall receive six-tenths of a year of creditable benefit service for each year served. Any member who has less than twelve years of creditable benefit service upon retirement shall receive a reduced full-time benefit.

A member who vested as a part-time prosecuting attorney and ceased being a member for more than six months before returning as a full-time prosecuting attorney shall be entitled only to part-time benefits, and any creditable service earned as a full-time prosecutor shall begin a new vesting period. A member cannot receive benefits while employed as a prosecuting attorney.

These provisions are identical to SB 892 (2018), provisions in CCS/SS/SCS/HB 1291 (2018), SCS/SB 309 (2017) and HB 2538 (2016) and to provisions contained in HCS/SB 639 (2016).

COUNTY RECORDING FEES (Section 59.800)

This act creates a new process to occur when the annual average collected into the Statutory County Recorder's Fund is insufficient to meet its obligations. In that case, the fund is to be supplemented by another source or a new maximum county allocation is to be set, depending on whether the shortfall meets a certain threshold.

This provision is identical to SB 756 (2018) and is similar to SB 453 (2017) and HCS/HB 957 (2017).

COUNTY ROADS AND BRIDGES (Sections 65.610 and 65.620)

This act specifies that ballot questions to abolish the township form of government in a county shall also provide for a countywide tax for road and bridge purposes.

This provision is identical to SB 940 (2018) and a provision in the perfected SS/SB 704 (2018).

BI-STATE METROPOLITAN DEVELOPMENT DISTRICT(Section 70.370)

This act adds Franklin County to the compact between Missouri and Illinois creating the Bi-State Development Agency and the Bi-State Metropolitan Development District.

This provision is identical to the perfected version of SB 757 (2018), a provision in the perfected SS/SB 704 (2018), and SB 411 (2017).

KANSAS CITY POLICE SALARIES (Section 84.510)

This act raises the maximum compensation level for lieutenant colonels, majors, captains, sergeants, master patrol officers, master detectives, detectives, investigators, and police officers in Kansas City.

This provision is identical to SB 973 (2018), a provision in the perfected SS/SB 704 (2018), and HB 2070 (2018).

PUBLIC SAFETY SALES TAX (Section 94.900)

This act adds the cities of Centralia and Lebanon to the list of cities authorized to propose a sales tax for the purposes of improving public safety. Such sales tax, if approved by the voters, would be at a rate of 0.5%.

This provision is identical to SCS/SB 885 (2018) and a provision in the perfected SS/SB 704 (2018).

VACANCIES FILLED BY COUNTY COMMISSION (SECTION 105.030)

Under current law, whenever any vacancy occurs in any office filled by election, other than the offices of Lieutenant Governor, state senator, state representative, sheriff, or St. Louis City Recorder of Deeds, the Governor is responsible for appointing a successor until the next general election. This act adds a new provision permitting the county commission to appoint a person to the vacated office within 14 days of the vacancy. In the event that the county commission consists of two members who cannot come to an agreement on an appointee, the acting presiding commissioner shall fill the vacancy. Such appointees shall continue in office until the Governor appoints a person to serve out the remainder of the term.

This provision does not apply to charter counties or to the offices of any associate circuit judge, circuit clerk, prosecuting attorney, or circuit attorney.

This provision is identical to provisions in SB 774 (2018) and the perfected SS/SB 704 (7018).

TIMING FOR PERSONS ELECTED TO FILL A VACANCY TO TAKE OFFICE (SECTION 105.030)

Under current law, whenever there is a special election to fill a vacancy in a state or county elected office, the person elected will take office on the first Monday in January following the election, except if the term for the office to be filled begins on a date other than the first Monday in January, in which case the appointed person will stay in office until such other date. This act removes the exception such that a person elected at a special election to fill a vacancy in any state or county elected office shall always take office on the first Monday in January following the election.

This provision does not apply to charter counties or to the offices of any associate circuit judge, circuit clerk, prosecuting attorney, or circuit attorney.

This provision is identical to provisions in SB 774 (2018) and the perfected SS/SB 704 (7018).

TRANSPORTATION INFRASTRUCTURE FINANCING

(Sections 108.120 and 137.555)

This act removes requirements that money in the Road Bond Construction Fund and Special Road and Bridge Fund be used only on roads that are continuous through a political subdivision, and specifies that counties may contract with political subdivisions to share the bond proceeds for authorized purposes.

This provision is identical to SB 956 (2018).

NON-ELECTIONS FOR SMALL TOWNS (Section 115.124)

Under current law, any municipality with less than 1,000 inhabitants may adopt a proposal allowing for the waiver of any election to a nonpartisan office if the number of candidates for the office is equal to the number of positions available and if no ballot measure is placed on the ballot. This act increases the population threshold to 2,000.

This provision is identical to SB 876 (2018), a provision in the perfected SS/SB 704 (2018), and HB 1446 (2018).

ST. FRANCOIS COUNTY ROAD AND BRIDGE TAX (Section 137.556)

This act corrects the description of St. Francois County in a provision of law relating to expenditures of the county's special road and bridge tax moneys.

This provision is identical to SB 650 (2018) and a provision in the perfected SS/SB 704 (2018) and similar to SCS/HB 87 (2017), and a provision contained in HCS/SB 332 (2017) and HCS/SB 146 (2017).

SCHOOL DISTRICT ANNEXATION ELECTIONS (Section 162.441)

Under current law, in order for a school district to become attached to a community college district, a petition must be submitted to the school board of the school district signed either by voters of the district equal in number to ten percent of those voting in the last school election at which school board members were elected or by a majority of the voters of the district, at which point an election must be called. This act provides that a community college district may, by a majority vote of its board of trustees, propose a plan to the voters of the school district to attach the school district to the community college district, levy a tax rate equal to the rate applicable to the community college district at the time of the vote of the board of trustees, and call an election upon the question of such plan. The community college district shall be responsible for the costs associated with the election.

This provision is identical to a provision in SS/SCS/HB 1291 (2018) and substantially similar to the perfected SCS/SB 990 (2018).

STORMWATER FACILITIES AND SYSTEMS (Sections 227.600 and 227.601)

This act provides that stormwater facilities and systems and wastewater systems are added to the definition of "project" with regard to public-private partnerships.

Additionally, the act provides that the process and approval for concession agreements, as defined in the amendment, with regard to assets owned by a political subdivision shall be approved by the governing body of the political subdivision, and shall not be subject to approval by the State Highways and Transportation Commission.

The act specifies that political subdivisions may enter into concession agreements that meet certain requirements.

For any project approved by a political subdivision, the State Highways and Transportation Commission shall not be required to oversee the project, nor be required to submit a report on the project following an agreement between the Commission and a private partner, on condition that the political subdivision uses a public-private partnership framework that includes a competitive bidding process.

Except with regard to voter approval requirements for the sale or conveyance of a project, the amendment exempts concession agreements entered into by political subdivisions under the amendment from various statutes prescribing voter approval requirements, limits on agreement duration, required contractual provisions, direct utility rate regulation provisions, authority to receive or convey assets, and requirements that ordinances or resolutions appropriating money for certain improvements be available for public inspection prior to their final adoption.

This provision is identical to SCS/SB 1042 (2018), a provision in SS/SCS/HB 1291 (2018), and HCS/HB 2594 (2018) and substantially similar to a provision in SS/SB 704 (2018).

BRUSH CONTROL (SECTION 263.245)

This act adds a reference to the existing voter approval requirements for imposing obligations on landowners to control brush on county rights of way and easements in certain counties, and specifies that the landowners shall prevent brush from interfering with vehicles traveling on the road.

Under the act, brush elimination costs charged against a parcel of land shall become due on the landowner's personal property tax assessment rather than becoming a lien on the land. The act specifies that notice by mail of brush elimination requirements may be given via any mail service with delivery tracking rather than only by certified mail.

This act provides that the county right of way or maintenance easement shall extend 15 feet from the center of the county road, or the distance set forth in the original conveyance, whichever is greater. In the event a county is required to obtain a land survey to enforce brush control provisions, the costs of the survey shall be divided evenly between the county and the landowner.

This provision is identical to SCS/SB 657 (2018) and HB 1646 (2018).

KANSAS CITY PUBLIC SCHOOLS (Section 304.060)

This act provides that the Kansas City Public Schools school board may contract with any municipality, bi-state agency, or other governmental entity to transport high school children. The contract shall be for additional transportation services and shall not replace or fulfill any of the school district's obligations to transport students to and from school. The school district may notify students of the option to use district contracted transportation services.

This provision is similar to a provision of SB 838 (2018), SB 587 (2018) and HB 1366 (2018).

PUBLIC ADMINISTRATORS (Sections 475.050 to 475.320)

This act modifies various provisions regarding guardianship and conservator proceedings.

Under current law in guardianship and conservator proceedings the court is to consider the suitability of a list of persons for appointment. This act provides that such persons are listed in the order of priority. The court may not appoint an unrelated third party unless there is no relative suitable and willing to serve, or if the appointment of a relative or a nominee is not in the best interest of the incapacitated or disabled person. If the incapacitated or disabled person is a minor under the care of the Children's Division and is entering adult guardianship, it shall be assumed that he or she has no relative suitable and willing to serve as guardian or conservator.

Notice of a petition to appoint a guardian or conservator for a minor must be served to the person or entity nominated to serve.

When the petition for the appointment of a guardian or conservator is filed based on grounds other than minority and a public administrator is nominated, the public administrator shall receive certain documents such as the petition and medical opinions and shall have an opportunity to be heard at the hearing.

Currently, a conservator has sixty days to make final settlement of the conservatorship. The act makes an exception to the sixty day requirement for when the protectoree has died and the court has ordered that no letters of administration are to be granted.

These provisions are substantially similar to the perfected SB 806 (2018).

SCOTT SVAGERA


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