SB 27
Modifies provisions relating to political subdivisions
Sponsor:
LR Number:
0469H.05C
Last Action:
5/13/2021 - H Informal Calendar Senate Bills for Third Reading w/HCS
Journal Page:
Title:
HCS SS SCS SB 27
Calendar Position:
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

HCS/SS/SCS/SB 27 - This act modifies provisions relating to political subdivisions.

ATTORNEY GENERAL RESIDENCY REQUIREMENT (Section 27.010)

This act repeals the requirement that the Attorney General must reside in Jefferson City, Missouri.

These provisions are identical to provisions in SS/SCS/HCS/HB 59 (2021) and substantially similar to SCS/SB 314 (2021) and HCS/HB 1787 (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 noncharter counties to promulgate such regulations.

These provisions are identical to HCS/SCS/SB 91 (2021), HS/HCS/HB 441 (2021), HB 678 (2021), and HB 351 (2021).

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 substantially similar to provisions in SS#2/SCS/HCS/HB 271 (2021) and 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 substantially similar to provisions in SS#2/SCS/HCS/HB 271 (2021) and 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 provisions in SB 233 (2021) and to a provision in SS#2/SCS/HCS/HB 271 (2021) and to the truly agreed to and finally passed SS#2/SCS/HCS/HB 1854 (2020), which was vetoed by the Governor, and is 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.

This provision is identical to a provision in SS#2/SCS/HCS/HB 271 (2021).

FINANCIAL STATEMENTS OF NON-CHARTER COUNTIES (Sections 50.815 & 50.820)

Under current law, by the first Monday in March of each year, non-charter first class counties must prepare and publish in a qualified newspaper a financial statement for the previous year.

Under this act, all first, second, third, or fourth class counties, by the first Monday in March of each year, must prepare and publish in a qualified newspaper a financial statement for the previous year. The financial statement shall include the name and current gross annual salary of each elected or appointed county official whose salary is set by the county salary commission.

Under this act, the county clerk or other officer responsible for the preparation of the financial statement shall preserve the documents relied upon in the making of the financial statements and shall provide an electronic copy free of charge to any newspaper requesting a copy of the data. The newspaper publishing the statement shall charge and receive no more than its regular local classified advertising rate. The county commission shall pay the publisher upon the filing of proof of publication. After verification, the State Auditor shall notify the county commission.

This act repeals a provision that any county treasurer paying or entering for protest any warrant for any commissioner of the county commission prior to notice from the State Auditor shall be liable on his or her official bond. The act also repeals current provisions regarding financial statements by second, third, and fourth class counties.

These provisions are identical to HB 381 (2021) and HCS/SB 544 (2020), HCS/SS#2/SCS/SB 594 (2020), HB 1814 (2020), HB 1966 (2020), and SB 859 (2020).

AGE REQUIREMENT FOR LOCAL OFFICES (Sections 51.050, 55.060, 58.030, 60.010, 77.230, 79.080, 162.291, 190.050, 204.610, 247.060, 249.140, 321.130, and 483.010)

Current law requires a person to be over the age of 21, 24, or 25, depending on the office, in order to be qualified for various local offices. This act changes each of those requirements to 21 years of age or older.

These provisions are identical to provisions in HCS/HB 1787 (2020).

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 SS#2/SCS/HCS/HB 271 (2021), 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).

DOCUMENTS TO COUNTY RECORDERS (Sections 59.310 & 59.313)

Under current law, the county recorder of deeds may refuse any document that does not meet certain format requirements, except that some documents are exempt from such requirements.

This act adds that any certificate of release of prohibited covenants shall also be exempt from such funding requirements. Additionally, this act provides that no fee shall be charged for the recording of any certificate of release of prohibited covenants.

These provisions are identical to HB 1062 (2021).

COUNTY PLANNING COMMISSION MEETING EXPENSES(Section 64.805)

Currently, members of the county planning commission may be reimbursed for meeting expenses up to $25 per meeting. This act increases the reimbursement amount to $75.

These provisions are identical to provisions in HB 158 (2021) and HS/HCS/HB 441 (2021) and substantially similar to provisions in the truly agreed to and finally passed SS#2/SCS/HCS/HB 1854 (2020), which was vetoed by the Governor, and to SB 731 (2020) and SB 326 (2019).

COUNTY ZONING COMMISSION (Section 64.870)

This act provides that a member of a county zoning commission may receive an attendance fee up to $75 per meeting, for any member of a county planning commission who is also a member of the board of zoning adjustment, only one attendance fee shall be paid if the board and commission meet on the same day.

These provisions are identical to provisions in HB 158 (2021) and HS/HCS/HB 441 (2021).

PARKED UNLICENSED MOTOR VEHICLES ON PRIVATE PROPERTY (Section 67.405)

This act provides that neither the state nor any political subdivisions shall enact any laws or ordinances that regulate the parking of an unlicensed motor vehicle on private property as provided in the act.

Additionally, this act provides that neither the state nor any political subdivisions shall enact a law or ordinance that would prohibit or penalize a noncorporate owner or renter of a privately-owned, single family residence from using the residence in any way that does not pose a danger to the health or safety of the residence's neighbors or any law or ordinance that would require a noncorporate owner of such residence to use any part of the residence in a way contrary to the wishes of the owner unless an easement exists on the land.

These provisions are identical to HB 511 (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.

These provisions are identical to provisions in SS#2/SCS/HCS/HB 271 (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#2/SCS/HCS/HB 271 (2021) and SS/SCS/SB 108 (2021).

LAGERS (Section 70.631)

Currently, political subdivisions located in third class counties and Cape Girardeau County may, by majority vote of the governing body, elect to cover certain employee classes as public safety personnel members in the Local Government Employees' Retirement System (LAGERS). This act allows political subdivisions located in counties of the second classification and in St. Francois county to also cover such employee classes.

These provisions are substantially similar to SB 255 (2021).

APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS IN THIRD CLASS CITIES (Section 77.680)

If a statute or ordinance authorizes the mayor of a city of the third classification to appoint a member of 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.

If the board to which a person is appointed is for the purpose of managing a city's municipal utilities, then any requirement that the appointed person be a resident of the city shall be satisfied if the following conditions are met:

1) The board has no authority to set utility rates or to issue bonds;

2) The person resides within a 20-mile radius of the city limits;

3) The person owns real property or a business in the city;

4) The person or the person's business is a customer of the public utility that is owned and operated by the city; and

5) The person has no pecuniary interest in, or is not a member of, any other utility of the type managed by the board.

This act is substantially similar to a provision contained in HS/HCS/HB 441 (2021), SB 384 (2021), HCS/SCS/SB 725 (2020), and to a provision contained in SS#2/SCS/HCS/HB 1854 (2020) and HCS/HB 1602 (2020).

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.

CLASSIFICATION OF JUDGES (Section 105.030)

In regards to the appointment by a county commission in a noncharter county to any vacancy in any county office, this act provides that the term "county office" shall not include any associate circuit judge or circuit judge.

This provision is identical to a provision in SCS/SB 237 (2021).

TAX PAYMENTS (Section 105.035)

This act stipulates that no person shall be appointed to an elected public office who is delinquent in the payment of any state income tax, personal property tax, municipal tax, or real property tax.

This provision is identical to a provision in SCS/HCS/HB 685 (2021) and HCS/HB 1787 (2020).

CONTRIBUTIONS TO ELECTION AUTHORITIES (Sections 115.044 & 115.075)

This act provides that no person shall contribute, including in-kind contributions, to any election authority, state officer, employee, department, board, or other state entity for the purpose of conducting state or local elections in Missouri.

This provision contains an emergency clause.

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#2/SCS/HCS/HB 271 (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).

ELECTION TABULATING SOFTWARE (Section 115.1070)

Any election authority who employs computer programs of any type in the casting or tabulating of votes shall use software developed and owned by a business entity registered in the United States and owned by United States citizens. If the business entity is publicly held, the board of directors and the majority stockholders shall be United States citizens.

Additionally, any software used for election tabulation purposes shall have the full corresponding source code of the software, as defined in the act, mad publicly available by the Secretary of State at no cost to the requesting citizen.

Finally, the full corresponding source code for any software used for election tabulation purposes in prior elections shall be retained by the Secretary of State and made available upon request for a period of 10 years after the certification of the results of the election.

This provision is substantially similar to HCS/HB 472 (2021).

CAMPAIGN FINANCES (Sections 130.011, 130.021, 130.031, 130.036)

This act provides that a committee which accepts campaign contributions may utilize a credit card or debit card in the name of the committee when authorized by the treasurer of the committee provided that all expenditures made by the committee through a credit card are paid through the official depository account.

Additionally, under current law, the treasurer of a committee which accepts campaign contributions is required to file a statement of organization after the committee is formed and such statement must include certain information as required by law. This act provides that the statement of organization must include the account number and issuer of any credit card in the committee's name.

This act repeals provisions relating to expenditures from petty cash funds maintained by a committee's depository account.

This act provides that each expenditure of a committee of more than $50 shall be made by check signed by the committee treasurer or by other electronic means authorized by the treasurer and drawn from the committee's depository or credit card in the name of the committee. A single expenditure of cash shall not exceed $50 and the aggregate of all expenditures of cash during one year shall not exceed the lesser of $5,000 or 10% of all expenditures made by the committee.

Finally, this act provides that the disclosure report of receipts and expenditures of a committee shall include the total dollar amount of expenditures made by electronic means.

These provisions are identical to HCS/HB 104 (2021).

SPRINGFIELD LAND BANK AGENCY (Section 140.981)

Current law authorizes the City of St. Joseph to establish a land bank agency. This act also authorizes the City of Springfield to establish a land bank agency.

This provision is identical to HB 563 (2021).

TRUE COVID LIABILITY ACT (Section 192.027)

This act establishes the "True COVID Liability Act." Under this act, the state or any political subdivision thereof shall not, as a response to a contagious disease, quarantine an individual, issue a stay-at-home order for an individual, or isolate an individual if a contagious disease has not been positively identified in the individual. Additionally, the state or political subdivision shall not limit the use of lawful activities in any private property or premises in which extraordinary prevalence of a contagious disease has not been proven. Finally, a business license shall not be revoked based on an individual's or entity's decision regarding recommendations from a government or scientific entity.

This act provides that no individual, owner of premises, or any other entity shall be subject to criminal or civil liability in any action alleging exposure to a contagious disease on the premises under the control of the individual, owner, or entity unless the individual, owner, or entity knowingly and purposefully exposed an individual to a contagious disease and such exposure caused suffering from a clinical disease.

The term "contagious disease" is defined in the act as a global acute infectious respiratory illness that is transmitted by airborne particles, droplets, or bodily fluids.

This provision contains an emergency clause.

This provision is identical to a provision in HCS/SCS/SB 119 (2021) and the perfected HCS/HB 1358 (2021) and is similar to a provision in HCS/HB 682 (2021).

INTERNET COTTAGE FOOD SALES (Section 196.298)

Current law prohibits the sale of cottage foods through the Internet. Under this act, such sales shall be permitted if both the cottage food production operation and the purchaser are located in Missouri. This act also modifies the definition of "cottage food production operation" by removing the annual gross income limit of $50,000 or less from the sale of certain foods for sale at the individual's home.

This provision is identical to HCS/HB 357 (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 provisions in SS#2/SCS/HCS/HB 271 (2021) and to SB 511 (2021).

ALTERNATIVE COUNTY HIGHWAY COMMISSIONS (Section 230.205)

Under current law, a county that has adopted the alternative county highway commission may abolish it and return to a county highway commission.

This act provides that a county that has adopted the alternative county highway commission may abolish it by submitting the question to a vote of the voters of the county in a manner provided by law or by a vote of the governing body. Any county which abolishes its alternative county highway commission shall adopt the laws regulating the county highway commissions.

This provision is identical to a provision in HB 158 (2021).

RESTRICTIVE COVENANTS (Section 442.403)

This act provides that no deed recorded on or after August 28, 2021 shall contain a reference to a specific portion of a restrictive covenant that purports to restrict the ownership or use of the property based on race, color, religion, or national origin of any person. A recorder of deeds may refuse to accept such deed. A certificate of release shall be prepared as provided in the act. Any deed recorded after August 27, 201, that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property.

This provision is identical to a provision in HCS/HB 1274 (2021).

NOTICE REQUIREMENTS FOR UNCLAIMED PROPERTY (Section 447.541)

The act also modifies the notice requirements required to be made by the State Treasurer for purposes of disposing of unclaimed property. Specifically, current law requires the Treasurer to give notice of property that is presumed to be abandoned as follows:

· Notice must be published in a newspaper of general circulation once a week for two successive weeks within 240 days of receiving notice of property that is presumed to be abandoned; and

· Notice must be mailed to each person having an address listed who appears to be entitled to presumed abandoned property valued at $50 or more.

The act allows the State Treasurer to use any other method, in addition to the above methods, deemed appropriate and consistent with the intent to notify the owners of the property.

These provisions are identical to provisions in HB 512 (2021), SB 408 (2021), SB 433 (2021), and HB 730 (2013).

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 in SS#2/SCS/HCS/HB 271 (2021), SCS/HCS/HB 685 (2021), SCS/SB 62 (2021), and HB 144 (2021).

GUARDIANSHIP OF A PERSON (Section 475.120)

This act provides that a guardian shall make decisions regarding the adult ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the adult ward's limitations and shall encourage the adult ward to participate in decisions.

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

CIRCUIT CLERKS (Sections 478.240, 483.240, 483.241, & 483.245)

This act repeals the authority of the presiding judge of the circuit court to have general administrative authority over all judicial personnel, including the authority to assign any judicial or court personnel anywhere in the circuit. Additionally, this act excludes any elected or appointed circuit clerks from the presiding circuit judge's general administrative authority. The presiding judge shall not be authorized to make an assignment of any administrative or supervisory role within the circuit clerk's office. Any such assignment shall be the obligation of the circuit clerk.

Currently, circuit clerks do not have administrative control and responsibility of records in the probate division, records of pending cases presided over by an associate circuit judge, and records of the traffic violation bureaus. This act repeals this provision.

This act provides the circuit clerk with administrative control over deputy circuit clerks and division clerks. Under this act, deputy circuit clerks are considered to be the general staff of the circuit clerk. Currently, division clerks are clerical staff of the circuit court and perform recordkeeping functions of the court for which the circuit clerk does not have general administrative control. This act provides that division clerks are the staff of the circuit clerk and perform those recordkeeping functions for which the clerk does have general administrative control. Furthermore, division clerks are deputy circuit clerks assigned to a specific courtroom or judge by the circuit clerk to perform duties and responsibilities for that specific division.

The circuit clerk, instead of the judge of the division, shall appoint and may remove the division clerks in addition to all deputy circuit clerks. Currently, the circuit court may remove a deputy circuit clerk or division clerk for cause. This act repeals this provision. Furthermore, the maximum number of deputy circuit clerks and division clerks are currently determined by order of the entire circuit court, which may be modified by the Missouri Supreme Court. This act repeals this provision. Finally, under this act, the circuit clerk shall establish the salary of the division clerks in addition to the deputy circuit clerks.

These provisions are substantially similar to SB 366 (2021).

11th JUDICIAL CIRCUIT ASSOCIATE JUDGE (Section 478.600)

This act provides that the associate circuit judge in the 11th judicial circuit may retain the duties and responsibilities with regard to the treatment court.

MARY GRACE BRUNTRAGER