HB 553 Modifies provisions relating to residency requirements

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Current Bill Summary

- Prepared by Senate Research -


HCS/HB 553 - This act modifies provisions relating to residency requirements.

ATTORNEY GENERAL RESIDENCY REQUIREMENT (Section 27.010)

This act provides that the Attorney General shall not be required to reside in Jefferson City, Missouri, but shall keep his or her office in the Supreme Court building.

These provisions are similar to provisions in SCS/SB 314 (2021) and HCS/HB 1787 (2020).

MEMBERS OF BOARDS OR COMMISSIONS IN 4TH CLASS CITIES (Section 79.235)

If a mayor of a city of the fourth classification with no more than 2,000 inhabitants appoints a person to a board or commission, any requirement that the appointed person be a resident of the city shall be deemed satisfied if the person owns real property or a business in the city, regardless of whether the position to which the appointment is made is considered an officer of the city.

Additionally, if a mayor of a city of the fourth classification with no more than 2,000 inhabitants appoints a person to a board that manages a municipal utility of the city, any requirement that the appointed person be a resident of the city shall be deemed satisfied if the:

• Board has no authority to set utility rates or to issue bonds;

• Person resides within 5 miles of the city limits;

• Person owns real property or a business in the city;

• Person or the person's business is a customer of a public utility managed by the board; and

• Person has no pecuniary interest in, and is not a board member of, any utility company that offers the same type of service as a utility managed by the board.

KANSAS CITY POLICE DEPARTMENT RESIDENCY REQUIREMENTS (Section 84.575)

This act provides that the Board of Police Commissioners in Kansas City shall not require, as a condition of employment, that any currently employed or prospective law enforcement officer or other employee reside within any jurisdictional limit. Any current residency requirement in effect on or before August 28, 2021, shall not apply and shall not be enforced.

Additionally, the Board of Police Commissioners may impose a residency rule, but the rule or requirement shall be no more restrictive than requiring such personnel to reside within one hour of city limits.

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

POLITICAL SUBDIVISION EMPLOYEE RESIDENCY REQUIREMENTS (Sections 285.040 and 285.043)

No employee of a political subdivision of this state shall be required, as a condition of employment, to reside within a specified jurisdiction, excluding any requirements for certain police departments and for elected officials.

Additionally, this act repeals the provision that public safety employees in St. Louis City must reside within the city.

WHISTLEBLOWER'S PROTECTION ACT (Section 285.575)

Under current law, an employee who has reported to the proper authorities an unlawful act or serious misconduct of his or her employer or who refuses to carry out a directive issued by his or her employer that would violate the law, shall not be discharged by his or her employer.

This act adds law enforcement agencies to the definition of employers. Additionally, this act repeals provisions that an employee is not protected under this law if:

• He or she is a supervisory, managerial, or executive employee of the employer and the unlawful act or serious misconduct reported concerns matters the employee is employed to report or provide professional opinion; or

• The proper authority to whom the employee makes his or her report is the person whom the employee claims to have committed the unlawful act or misconduct.

This act also repeals the provision that if a private right of action for damages exists under another section of law, such protected person shall have no private right of action under this act.

MARY GRACE BRUNTRAGER


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