Missouri Senate

Perfected

ZONING AROUND NATIONAL GUARD TRAINING CENTERS

This act allows the governing bodies of certain 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 similar to HB 1504 (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 of its vacancy. If there is one year or more remaining in the term, the Governor shall appoint an eligible person with the advice and consent of the Senate. These procedures do not apply to charter counties.

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

COUNTY BIDDING REQUIREMENTS (Sections 50.660 and 50.783)

Current law provides that counties must advertise a request for bids for contracts and purchases of more than $4,500 with any one person or corporation during a 90-day period. This act provides that the bidding requirement applies to contracts or purchases involving expenditures of more 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 substantially similar to SB 770 (2018).

DUTIES OF COUNTY OFFICIALS (Section 54.140)

This act provides that a County Treasurer may have access to documents he or she requests when signing a warrant and shall not have responsibilities taken from them by any county official or employee.

This provision is 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 the perfected version of SB 892 (2018), substantially similar to SCS/SB 209 (2017) and HB 2538 (2016), and to provisions contained in HCS/SB 639 (2016).

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).

ADDING FRANKLIN COUNTY TO BI-STATE (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) 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) and HB 2070 (2018).

SALE OF MUNICIPALLY-OWNED UTILITIES (Section 88.770)

Currently, cities of the fourth classification may only sell their interest in a municipally-owned utility when ratified by a 2/3 vote. This act lowers the voter-approval threshold for the sale of a water or wastewater system, or a gas plant, by such cities to a majority vote. The Board of Aldermen shall hold a public meeting at least 30 days prior to any such vote.

This provision is identical to SCS/SB 658 (2018), and similar to provisions contained in HCS/HB 1947 (2018), CCS/HCS/SCS/SB 11 (2017), HCS/HB 247 (2017), HCS/SB 30 (2017), and HCS/SCS/SB 112 (2017).

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).

VACANCIES IN ELECTED OFFICES (Section 105.030)

This act modifies two provisions relating to vacancies in certain elected offices.

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.

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 SB 774 (2018).

ELECTION WAIVERS 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) 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, 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.

STORMWATER FACILITIES AND SYSTEMS (Sections 227.600 and 227.607)

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 substantially similar to SB 990 (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.

MIKE WEAVER