HB 271 Modifies provisions relating to local governments

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Current Bill Summary

- Prepared by Senate Research -


CCS/SS#2/SCS/HCS/HB 271 - This act modifies provisions relating to local governments.

MISSOURI LOCAL GOVERNMENT EXPENDITURE DATABASE (Sections 37.1090 to 37.1098)

This act establishes the "Missouri Local Government Expenditure Database". The database shall be available free of charge on the Office of Administration's website and shall include information about expenditures made during each fiscal year that begins after December 31, 2022.

The database shall include the following information: the amount of the expenditure; the date the expenditure was paid; the vendor to whom the expenditure was paid, unless such information is confidential; the purpose of the expenditure; and the municipality or county that made or requested the expenditure.

A municipality or county may choose to voluntarily participate in the database. Each municipality or county participating in the database shall provide electronically transmitted information to the Office of Administration biannually as provided in the act.

Additionally, if 5% of the registered voters in a municipality or county request to participate, the municipality or county shall participate in the database. Residents may request participation by submitting a written letter by certified mail to the governing body of the municipality or county and the Office of Administration. After receiving the requisite number of requests, a municipality or county shall begin participating in the database, but is not required to report expenditures incurred before one complete 6 month reporting period.

The Office of Administration shall provide financial reimbursement to any participating municipality or county for actual expenditures incurred from participation in the database.

This act provides that no later than one year after the database is implemented, the Office of Administration shall provide on it's website an opportunity for public comment on the utility of the database.

Finally, each municipality or county that has a website shall display on its website a prominent internet link to the database.

These provisions are identical to provisions in SS#2/SCS/HCS/HB 1854 (2020) and HB 1933 (2020).

REGULATION OF COUNTY PROPERTY (Section 49.266)

Currently, the county commissions in first, second, and fourth class counties are authorized to promulgate regulations concerning the use of county property. This act authorizes the county commission in all first, second, third, and fourth class counties to promulgate such regulations.

This act is identical to SB 170 (2021) and to provisions in SS#2/SCS/HCS/HB 1854 (2020), SB 747 (2020), SB 464 (2019), HB 1269 (2018), and HB 1210 (2017).

COUNTY COURTHOUSES (Sections 49.310 & 476.083)

Currently, the county commission in counties of the first, second, or fourth classification may by order or ordinance promulgate reasonable regulations concerning the use of county property, the hours, conditions, methods, and manner of such use and the regulation of pedestrian and vehicular traffic and parking. This act provides that the county commission in all noncharter counties may promulgate such orders or ordinances.

In absence of any local agreement, any courthouse that contains both county offices and court facilities, the presiding judge of the circuit may establish rules and procedures for court facilities and areas necessary for court-related usage. The county commission shall have authority over all other areas of the courthouse.

These provisions are identical to provisions in HB 678 (2021).

DOCUMENTS TO COUNTY TREASURERS (Section 50.166)

Under current law, a county clerk may transmit in the form of a warrant the amount due for a grant, salary, pay, and expenses to the county treasurer.

This act provides that, upon request, the county treasurer shall have access to any financially relevant document in the possession of any county official for the purposes of processing a warrant. If the warrant is received in the absence of a check, then the county treasurer shall have access to the information necessary to process the warrant.

Additionally, no official of any county shall refuse a request from the county treasurer for access to or a copy of any document in the possession of a county office that is financially relevant to the salaries of county officers and assistants; however, a county official may redact, remove, or delete any personal identifying information before submission to the county treasurer. Finally, no county treasurer shall refuse to release funds for the payment of any properly approved expenditure.

These provisions are identical to provisions in SS/SCS/SB 27 (2021) and substantially similar to SCS/SB 576 (2020).

SALARIES OF 2ND CLASS COUNTY CORONERS (Section 50.327)

Under current law, the compensation for non-charter county coroners is based on salary schedules established by law.

Under this act, upon majority approval of the salary commission, the annual compensation of a county coroner may be increased up to $14,000 greater than the compensation provided by the salary schedule established by law.

This provision is identical to SB 233 (2021) and to a provision in the truly agreed to and finally passed SS#2/SCS/HCS/HB 1854 (2020), which was vetoed by the Governor, and substantially similar to SB 837 (2020).

COUNTY BUDGET OFFICERS (Section 50.530)

This amendment repeals the provision that in Cass County the presiding commissioner shall be the budget officer unless the county commission designates the county clerk as the budget officer.

COMPETITIVE BID PROCESS OF COUNTIES (Sections 50.660 & 50.783)

Under current law, all contracts and purchases made by a county shall be given to the lowest and best bidder after opportunity for competition, except that advertising is not required in the case of contracts or purchases involving an expenditure of less than $6,000. It is not necessary to obtain bids on any purchases in the amount of $6,000 or less made from any one person or corporation during any period of ninety days.

Additionally, the county commission may waive the requirement of competitive bidding, except on any single feasible source purchase where the estimated expenditure is over $6,000, the commission shall post notice of the proposed purchase and advertise the commission's intent in at least one daily and one weekly newspaper in regular circulation.

This act changes the threshold from $6,000 to $12,000 for these expenditures. It shall not be necessary to advertise or obtain bids for expenditures less than $12,000.

These provisions are identical to SB 324 (2021).

BOND REQUIREMENTS FOR COUNTY RECORDERS OF DEEDS (Sections 59.021 and 59.100)

The act provides that each candidate for county recorder shall provide to the election authority a copy of an affidavit from a surety company authorized to do business in this state that indicates the candidate is able to satisfy the bond requirements of the office.

Additionally, under current law, all recorders of deeds elected in first, second, and third classification counties shall enter into bond with the state for an amount set by the county commission of not be less than one thousand dollars, with sufficient sureties. Under this act, these provisions shall only apply to recorders of deeds elected prior to January 1, 2022. For all recorders of deeds elected after December 31, 2021, in first, second, and third classification, counties shall enter into bond with the state for an amount set by the county commission of not be less than five thousand dollars, with sufficient sureties.

These provisions are identical to provisions in SCS/HCS/HB 685 (2021), SS/SCS/SB 27 (2021), and SCS/SB 62 (2021) and substantially similar to SB 987 (2020), the truly agreed to and finally passed SS#2/SCS/HCS/HB 1854 (2020), which was vetoed by the Governor, and SB 468 (2019).

BOONE COUNTY PROPERTY MAINTENANCE AND NUISANCE CODES (Section 64.207)

This act authorizes Boone County to adopt property maintenance regulations and ordinances as provided in the act. The unavailability of a utility service due to nonpayment is not a violation of the property maintenance code.

Under this act, the property maintenance code must require the county commission to create a process for selecting a designated officer to respond to written complaints of the condition of a rented residence that threaten the health or safety of the tenants. When a written complaint is filed, the owner of any rental residence must be served with a notice specifying the condition alleged in the complaint and state a reasonable date by which abatement of the condition must commence. If work to abate the condition does not commence as determined by the designated officer, the complaint shall be given a hearing before the county commission. If the county commission finds that the rented residence has a dangerous condition that is harmful to the health, safety, or welfare of the tenant, the county commission shall issue an order that the condition be abated. If the owner violates an order issued by the county commission the owner may be punished by a penalty, which shall not exceed a Class C misdemeanor. (Section 64.207)

These provisions are identical to HB 607 (2021) and HCS/HB 2336 (2020) and to a provision contained in HCS/SCS/SB 725 (2020) and SS#2/SCS/HCS/HB 1854 (2020).

PUBLIC HEALTH ORDERS ISSUED BY LOCAL GOVERNMENTS (Sections 67.265 & 192.300)

A political subdivision shall not issue a public health order, defined in the act as an order, ordinance, rule, or regulation issued in response to an actual or perceived threat to public health for the purpose of preventing the spread of a contagious disease, during a state of emergency declared by the governor that directly or indirectly closes, partially closes, or places restrictions on the opening of or access to any one or more businesses, churches, schools, or other places of gathering or assembly for a period of time longer than 30 calendar days in a 180-day period. Such orders may be extended more than once upon a simple majority vote of the political subdivision's governing body.

A political subdivision shall not issue a public health order of general applicability during a time other than a state of emergency that directly or indirectly closes an entire classification of businesses, churches, schools, or other places of gathering or assembly for a period of time longer than 21 days in a 180-day period. Such orders may be extended more than once upon a two-thirds vote of the political subdivision's governing body.

The governing bodies of the political subdivisions issuing orders under this act shall at all times have the authority to terminate an order issued or extended under this section upon a simple majority vote of the body.

No rule promulgated by the Department of Health and Senior Services shall authorize a local public health official to create or enforce any public health orders inconsistent with this act.

Finally, this act modifies provisions that a county health board shall not impose standards or requirements on a agricultural operation that are inconsistent with, in addition to, different from, or more stringent that any other law or regulation concerning such agricultural operations.

These provisions contain an emergency clause.

This provision is similar to provisions in SS#2/SCS/SBs 12, 20, 21, 31, 56, 67, & 68 (2021) and HCS#2/HB 75 (2021).

NUISANCE ORDINANCES IN FRANKLIN COUNTY (Section 67.398)

This act adds that Franklin County may enact ordinances to provide for the abatement of a condition of any lot that has the presence of a nuisance or debris of any kind.

SENIOR CITIZENS' SERVICES FUND (Sections 67.990 & 67.993)

Under current law, counties and the City of St. Louis may collect a tax for a Senior Citizens' Services Fund. This act provides that deposits in such a fund shall be expended only upon approval of the board of directors and, if in a county, only in accordance with the fund budget approved by the county.

Additionally, this act provides that the board of directors of the City of St. Louis may solicit, accept, and expend grants from private or public entities and enter into agreements to effectuate such grants so long as the transaction is in the best interest of the programs provided by the board and the proceeds are used exclusively to fund such programs.

This provision is identical to SB 592 (2021) and HB 666 (2021).

COUNTY CONVENTION AND SPORTS FACILITIES AUTHORITY (Sections 67.1153 & 67.1158)

This act provides that the commissioners of a county convention and sports facilities authority shall be appointed by the county executive of the county in which the authority is created with the advice and consent of the county legislative body. If there is no county executive, then the commissioners shall be appointed by the governing body of the county.

Additionally, under current law, counties that have established a county convention and sports facilities authority may impose a transient guest tax. This act provides that after the effective date of such tax, the county may enter into an agreement with the authority for the authority to collect the tax.

Finally, any tax collected by the authority shall be due on the first day of the next calendar quarter. If any taxes are not paid within 30 days after the due date, the authority may collect 1% interest per month on the unpaid taxes and a penalty of 2% per month on the unpaid tax. Any suits to enforce the collection of the tax shall be filed and prosecuted only by the authority. The authority shall be entitled to recover costs and attorney's fees incurred in collecting the tax.

POLITICAL SUBDIVISION LINEAR FOOT FEES (Section 67.1847)

This act provides that a political subdivision, including a grand-fathered political subdivision, shall not charge a linear foot fee for the use of its right-of-way to a telecommunications company provided that a political subdivision that was charging linear foot fees as of May 1, 2021, may collect a fee of no more than 5% of gross telecommunications service revenue in lieu of linear foot fees and such gross revenue fee is in addition to any permit fees imposed to recover actual rights-of-way management costs.

This provision is similar to SB 55 9 (2021).

TAXES, LICENSES, AND FEES ON CERTAIN SERVICES (Section 67.2680)

Under this act, the state or any other political subdivision shall not impose any new tax, license, or fee in addition to any tax, license, or fee already authorized on or before August 28, 2021, on satellite or streaming video services.

This provisions is identical to a provision in SS/SCS/SB 108 (2021).

BROADBAND INFRASTRUCTURE IMPROVEMENT DISTRICTS (Section 71.1000)

This act allows two or more municipalities to form a broadband infrastructure improvement district for the delivery of broadband internet service to the residents of such municipalities. A district created under the act shall have to power partner with a telecommunications company or broadband service provider in order to construct or improve telecommunications facilities as set forth in the act.

A district may finance the provision or expansion of broadband internet service through grants, loans, bonds, user fees, or a sales tax, not to exceed one percent. The act also sets forth the composition and operation of the district governing board.

This provision is identical to provisions in SS/SCS/SB 108 (2021) and similar to HB 735 (2021) and SB 874 (2020).

ST. LOUIS CITY LICENSE COLLECTOR (Section 82.390)

This act provides that beginning January 1, 2022, the license collector of St. Louis City shall receive a salary of $125,000 per year and such salary may be annually increased by an amount equal to the annual salary adjustment for employees of St. Louis City as approved by the board of aldermen.

This provision is identical to SB 612 (2021).

POLICE COMMISSIONERS (Section 84.400)

This act provides that a member of the Kansas City Board of Police Commissioners or any member of such police force may be appointed to serve on any state or federal board, commission, or task force where no compensation for such service is paid, accept that such board member may accept a per diem or reimbursement for necessary expenses for attending meetings.

This provision is identical to a provision in SS/SCS/SBs 53 & 60 (2021).

RETAIL ELECTRIC SUPPLIERS (Sections 91.025, 386.800, 393.106, 394.020, & 394.315)

This act provides that in the event that a retail electric supplier is providing service to a structure located within a municipality that has ceased to be a rural area, and such structure is demolished and replaced by a new structure, such retail electric service supplier may provide permanent service to the new structure upon the request of the owner of the new structure.

Additionally, in the absence of an approved territorial agreement, the municipally owned utility shall apply to the Public Service Commission for an order assigning nonexclusive service territories and concurrently shall provide written notice of the application to other electric service suppliers with electric facilities located within one mile outside of the boundaries of the proposed expanded service territory. In granting the applicant's request, the Commission shall give due regard to territories previously served by the other electric service suppliers and the wasteful duplication of electric service facilities.

Any municipally owned electric utility may extend its electric service territory to include areas where another electric supplier currently is not providing permanent service to a structure. If a rural electric cooperative has existing electric service facilities in the area proposed to be annexed, the majority of the existing developers, landowners, or prospective electric customers may submit a written request to the governing body of the annexing municipality to invoke mandatory good faith negotiations as provided in the act. These provisions shall also apply in the event an electrical corporation rather than a municipally owned electric utility is providing electric service in the municipality.

This act also changes the term "fair and reasonable compensation" to be two hundred percent, rather than four hundred percent, of gross revenues less gross receipts taxes received by the affected electric service supplier from the 12 month period preceding the approval of the municipality's governing body. Additionally, this act changes the definition of the population of a "rural area" to be increased by 6% every ten years after each census beginning in 2030.

Nothing in this act shall be construed as otherwise conferring upon the Public Service Commission jurisdiction over the service, rates, financing, or management of any rural electric cooperative or any municipally owned electric utility.

COUNTY BOARD OF PUBLIC WORKS (Section 91.450)

This act allows residents of a county that receive services from a board of public works in certain cities to be appointed to serve on such board.

This provision is identical to the introduced SB 725 (2020).

FILING PERIODS FOR CERTAIN CANDIDATES (Section 115.127)

Under current law, the period for filing a declaration of candidacy in certain political subdivisions and special districts is from 8:00 a.m. on the 16th Tuesday prior to the election until 5:00 p.m. on the 11th Tuesday prior to the election. Additionally, the opening date for filing a declaration of candidacy in Kansas City, and any political subdivision or special district within Kansas City, is 8:00 a.m. on the 15th Tuesday prior to the election until 5:00 p.m. on the 11th Tuesday prior to the election.

This act makes the filing period for declarations of candidacy in all political subdivisions and special districts that have not otherwise required a filing period by law or charter to be 8:00 a.m. on the 17th Tuesday prior to the election until 5:00 p.m. on the 14th Tuesday prior to the election.

These provisions are identical to provisions in SS/SCS/SB 27 (2021) and substantially similar to SB 815 (2020), a provision in the truly agreed to SS#2/SCS/HCS/HB 1854 (2020), and SB 402 (2019), and HB 595 (2019).

PUBLIC FUNDS IN ELECTIONS (Section 115.646)

This act prohibits the contribution or expenditure of public funds by any school district or by any officer, employee, or agent of any school district:

• To support or oppose the nomination or election of any candidate for public office;

• To support or oppose the passage or defeat of any ballot measure;

• To any committee supporting or opposing candidates or ballot measures; or

• To pay debts or obligations of any candidate or committee previously incurred for the above purposes.

The act additionally prohibits the contribution or expenditure of public funds by any officer, employee, or agent of any political subdivision to pay debts or obligations of any candidate or committee previously incurred for the purposes described above.

Any purposeful violation of this act is punishable as a class four election offense.

This provision is identical to a provision in SS#2/SCS/HCS/HB 1854 (2020), which was vetoed by the Governor, and similar to SB 802 (2020).

PERSONAL PROPERTY TAX LISTS (Section 137.280)

This act allows a county assessor, upon request of a taxpayer, to send personal property tax lists and notices in electronic form.

This provision is identical to a provision in HC/SB 365 (2021).

COUNTY COLLECTOR PENALTIES (Section 139.100)

Current law requires a county collector to assess penalties on property tax payments not made as of January 1. For all property tax liabilities incurred on or after January 1, 2020, and on or before December 31, 2020, this act allows the St. Louis County collector to enter into an agreement with any taxpayer for the payment of such taxes, including a waiver or reduction of penalties, provided that any such agreement requires such taxes to be paid not later January 8, 2021. If the penalties are waived or reduced, the portion of the penalties and interest paid may be credited to the taxpayer. The county may then reduce on a pro-rata basis any distributions to taxing jurisdictions by the amount of any penalties waived or reduced.

This provision contains an emergency clause.

COMMON SEWER DISTRICTS (Section 204.569)

Under current law, when an unincorporated sewer subdistrict of a common sewer district has been formed, the board of trustees of the common sewer district shall have the power to issue bonds, and the issuance of such bonds shall require the assent of 4/7 of the voters of the subdistrict on the question. This act states that as an alternative to such vote, if the subdistrict is a part of a common sewer district located in whole or in part in certain counties, bonds may be issued for such subdistrict if the question receives the written assent of 3/4 of the customers, as such term is defined in the act, of the subdistrict.

This provision is identical to a provision in SS/SB 44 (2021).

REIMBURSEMENTS FROM THE DEPARTMENT OF CORRECTIONS (Section 221.105)

Under current law, the Department of Corrections shall issue a reimbursement to a county for the actual cost of incarceration of a prisoner not to exceed certain amounts as provided in the act. However, the amount shall not be less than the amount appropriated in the previous fiscal year.

This act repeals the provision that the amount reimbursed to counties shall not be less than the amount appropriated in the previous fiscal year.

This provision is identical to SB 511 (2021).

COPPER PROPERTY (Section 407.297)

No person shall engage in the business of a copper property peddler, as such term is defined in the act, in the city of St. Louis without first obtaining a license from the city and complying with the provisions of the act.

The requirements for the application for a license are set forth in the act. No license shall be granted to any person who has been convicted of burglary, robbery, stealing, theft, or possession or receiving stolen goods in the 2 years prior to the date of application.

The city has the power and authority to revoke a copper property peddler's license for any willful violation of the act.

This provision shall only be effective when the city is actively issuing licenses to copper property peddlers.

This provision is substantially similar to provisions in SCS/SB 318 (2021) and identical to a provision contained in SCS/HCS#2/HB 69 (2021), and is similar to SCS/SB 608 (2020), SCS/SB 492 (2019), and HB 395 (2013).

RECORDS FOR THE SALE OF METAL (Section 407.300)

This act requires records of sales of certain metals to be maintained for 3 years rather than 2 years. A transaction that includes a detached catalytic converter shall occur at the fixed place of business of the purchaser. A detached catalytic converter shall be maintained for 5 business days before it is altered, modified, disassembled, or destroyed.

Anyone licensed for selling motor vehicle parts as set forth in statute who is knowingly purchases a stolen detached catalytic converter shall be subject to penalties as set forth in the act.

Currently, every purchaser or collector of, or dealer in, junk, scrap metal, or any second hand property is required to maintain written or electronic records for each purchase or trade in which certain types of material are obtained for value, with exceptions. This act repeals the exception to the records requirement for any transaction for which the total amount paid for all regulated material purchased or sold does not exceed $50, unless the material is a catalytic converter.

The records requirement of the act does not apply to transactions for which the seller has an existing business relationship with the purchaser and for which the seller is paid by check or by electronic funds transfer, or the seller produces an acceptable identification, which shall be a copy of the driver's license or photo identification issued by the state or by the U.S. government or agency thereof, and a copy is retained by the purchaser.

The act also specifies that transactions for metal that is a minor part of heating and cooling equipment shall not be subject to the records requirement of the act.

This provision is substantially similar to provisions in SCS/SB 318 (2021) and identical to a provision contained in SCS/HCS#2/HB 69 (2021) and is similar to HCS/HB 1153 (2021).

ONLINE APPLICATIONS OF THE COUNTY RECORDER OF DEEDS (Section 451.040)

This act provides that applicants for a marriage license may present an application for the license to the recorder of deeds in person or electronically through an online process.

Additionally, in the event a recorder of deeds utilizes an online process to accept applications for a marriage license or to issue a marriage license and the applicants' identity has not been verified in person, the recorder shall have a two-step identity verification process or other process that verifies the identity of the applicants. Finally, the recorder shall not accept applications for or issue marriage licenses through an online process unless both applicants are at least 18 years of age and at least one of the applicants is a resident of the county in which the application was submitted.

These provisions are identical to provisions SCS/HCS/HB 685 (2021) and SS/SCS/SB 27 (2021), SCS/SB 62 (2021), and HB 144 (2021).

COMPENSATION OF COURT REPORTERS (Section 485.060)

This act provides that the annual salary of each court reporter for a circuit judge shall be adjusted by a percentage based on each court reporter's cumulative years of service with the circuit courts.

This provision is identical to a provision in HCS/HB 1242 (2021) and similar to HB 707 (2021), a provision in HCS/SS/SCS/SB 594 (2020), in HCS/SCS/SB 662 (2020), in HCS/SCS/SB 725 (2020), in HCS/HB 1819 (2020), SB 908 (2020), and HB 2191 (2020).

ADDITIONAL SURCHARGE FOR KANSAS CITY MUNICIPAL COURTHOUSE (Section 488.2235)

Under current law, in additional to all other court costs for municipal ordinance violations, Kansas City may collect additional court costs up to $5 per case filed before a municipal division judge.

This act extends the sunset provision to August 28, 2026.

OFFENSE OF STEALING (Section 570.030)

The offense of stealing shall be a class E felony if the property is a catalytic converter.

This provision is identical to a provision contained in SCS/HCS#2/HB 69 (2021).

VACCINATION REQUIREMENTS (Section 1)

This act provides that no county, city, town, or village receiving public funds shall require documentation of an individual having received a vaccination against COVID-19 in order for the individual to access transportation system or services or any other public accommodations.

MARY GRACE BRUNTRAGER


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