HCS/SCS/SB 617 - This act modifies provisions relating to political subdivisions. AUDITS OF COUNTY OFFICES (Section 29.230) Under current law, the State Auditor is permitted to conduct performance audits when performing an audit of a county office. This act prohibits the State Auditor from conducting a performance audit when conducting an audit in a third class county not initiated pursuant to a petition if: 1. The county commission has adopted a resolution electing not to be subject to such an audit; and 2. The county has undergone an audit by a certified public accountant within the preceding two years. The county commission is required to send the resolution and audit report to the State Auditor. These provisions are identical to SB 615 (2020) and SS#2/SCS/HCS/HB 1854 (2020). COUNTY DECLARATIONS OF STATE OF EMERGENCY (Section 44.080) The act prohibits a county executive from imposing or continuing a state of emergency for more than 15 days without receiving a 60% majority vote of the governing body of the county. This provision contains an emergency clause. This provision is identical to a provision in HCS/SB 774 (2020) and HCS/SB 587 (2020). ORDINANCES RELATING TO UTILITY SERVICES (Section 67.309) Under this act, no political subdivision shall adopt an ordinance, resolution, regulation, code or policy that prohibits, or has the effect of prohibiting, the connection or reconnection of a utility service based upon the type or source of energy to be delivered to an individual customer. These provisions are identical to SB 1048 (2020). CALCULATION OF LOCAL EFFORT (Section 163.011) This act modifies the definition of "local effort" by removing fines from the calculation of local effort, beginning July 1, 2021. This provision is identical to HB 1818 (2020), HCS/SS/SCS/SB 528 (2020), and HCS/SS/SCS/SB 570 (2020). CALCULATION OF LOCAL EFFORT IN IRON COUNTY (Section 163.024) Under this act, no moneys received in the Iron County School Fund from the payment of any penalty under the administrative order set forth in the act issued by the Department of Natural Resources shall be included in such school district's local effort calculation. This provision is identical to HCS/HB 1817 (2020), HCS/SS/SCS/SB 528 (2020), and HCS/SS/SCS/SB 570 (2020). COUNTY HEALTH BOARDS (Section 192.300) Under this act, a county health board shall only act in an advisory capacity to a county commission or other county executive. OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A CORRECTIONAL CENTER (SECTION 217.850) Under this act, a person commits the offense of unlawful use of unmanned aircraft over a correctional center if he or she purposely: • Operates an unmanned aircraft within a vertical distance of 400 feet over a correctional center's secure perimeter fence; or • Allows an unmanned aircraft to make contact with a correctional center, including any person or object on the premises of or within the facility. The act sets forth exceptions to when use of an unmanned aircraft over a correctional center shall not be prohibited. The offense of unlawful use of an unmanned aircraft over a correctional center is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an offender or correctional center employee, in which case the offense is a class B felony; • Facilitating an escape from confinement, in which case the offense is a Class C felony; or • Delivering a controlled substance, in which case the offense is a Class D felony. These provisions are identical to SS/SCS/HB 1450 (2020), HCS/SS/SCS/SB 600 (2020), HCS/HB 1898 (2020) and substantially similar to SCS/SB 602 (2020). FIRE PROTECTION DISTRICT DIRECTOR (Section 321.015) Currently, a person cannot hold any lucrative office or employment under this state or a political subdivision and hold the office of fire protection district director. This act creates an exception to this prohibition for employees of law enforcement agencies. This provision is identical to SCS/SB 775 (2020) and SS#2/SCS/HCS/HB 1854 (2020). ATTENDANCE FEES FOR BOARD MEMBERS (Section 321.190 & 321.603) This act further modifies the attendance fee for a board member attending a board meeting from $100 to $150 for board members of districts in both non-charter and charter counties. This act also repeals provisions that prohibit a member from being paid more than one attendance fee if such member attended multiple meetings in certain time periods and, in its place, authorizes board members to be paid for attending not more than one meeting per calendar week. These provisions are identical to SCS/SB 775 (2020) and SS#2/SCS/HCS/HB 1854 (2020). BOUNDARIES OF FIRE PROTECTION DISTRICTS (Section 321.300) Under this act, if one or more fire protection districts serve any portion of a city with a charter form of government located in a county with a charter form of government with a population of 900,000 or more inhabitants which has a municipal fire department, the boundaries of either district may be expanded so as to include areas within the city into the boundaries of the fire protection district, but shall not expand beyond the city limits of such city as it existed on July 1, 2020. Such a change in the district boundaries shall be accomplished if the governing body of the city files with the board of any such fire protection district a written consent for the board to seek approval of the circuit court for an extension of the district's boundaries to the registered voters of the area. If a majority of the voters voting on the proposition vote in favor of the extension of the boundaries of the district, then the court shall enter an order declaring the extension of the boundaries of the fire district to be final and conclusive. This provision contains an emergency clause. This provision is identical to SCS/SB 775 (2020) and SS#2/SCS/HCS/HB 1854 (2020). EPI-PENS FOR FIRE PROTECTION DISTRICTS (Section 321.621) Current law requires certain emergency health care entities and other organizations to maintain epinephrine auto-injector devices (epi-pens) according to the rules and regulations of the Department of Health and Senior Services. Under this act, the Department of Health and Senior Services shall provide epi-pens for adult patients to fire protection districts in nonmetropolitan areas of Missouri. Possession and use of epi-pens under this act is limited to only such qualified first responders who have completed a training course and maintain the epi-pens pursuant to Department rules. Additionally, every use of an epi-pen shall be reported to a emergency health care provider. Under this act, the use of an epi-pen is considered first aid or emergency treatment for purposes of liability under the law and shall not constitute the unlawful practice of medicine. Any person that violates the provisions of this act shall be guilty of a class B misdemeanor. This act established the "Epinephrine Auto-injector Devices for Fire Personnel Fund". The Fund shall be used solely by the Department for the purpose of providing epi-pens to qualified first responder agencies pursuant to this act. These provisions are similar to provisions in SS/SCS/HCS/HB 1682 (2020). OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER AN OPEN AIR FACILITY (SECTION 577.800) A person commits the offense of unlawful use of unmanned aircraft over an open air facility if he or she: • Operates an unmanned aircraft within a vertical distance of 400 feet from the ground and within the property line of an open air facility; or • Uses an unmanned aircraft with the purpose of delivering to a person within an open air facility a gun, knife, weapon, or other dangerous article or a controlled substance. The act sets forth exceptions to when use of an unmanned aircraft over an open air facility shall not be prohibited. The offense of unlawful use of an unmanned aircraft over an open air facility is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of an employee or guest at such a facility, in which case the offense is a class B felony; or • Delivering a controlled substance, in which case the offense is a Class D felony. These provisions are identical to SS/SCS/HB 1450 (2020), HCS/SS/SB 600 (2020), and HB 1898 (2020) and substantially similar to SCS/SB 602 (2020). OFFENSE OF UNLAWFUL USE OF UNMANNED AIRCRAFT OVER A MENTAL HEALTH HOSPITAL (Section 632.460) A person commits the offense of unlawful use of unmanned aircraft over a mental health hospital if he or she purposely: • Operates an unmanned aircraft within a vertical distance of 400 feet over the mental health hospital's property line; or • Uses an unmanned aircraft to deliver to a person confined in a mental health hospital a gun, knife, weapon, or other dangerous article or a controlled substance. The act sets forth exceptions to when use of an unmanned aircraft over a mental health hospital shall not be prohibited. The offense of unlawful use of an unmanned aircraft over a mental health hospital is punishable as an infraction unless the person using the unmanned aircraft is: • Delivering a gun, knife, weapon, or other article that can be used to endanger the life of a patient or mental health center employee, in which case the offense is a Class B felony; • Facilitating an escape from confinement, in which case the offense is a Class C felony; or • Delivering a controlled substance, in which case the offense is a Class D felony. These provisions are identical to SS/SCS/HB 1450 (2020), HCS/SS/SB 600 (2020), and HB 1898 (2020) and substantially similar to SCS/SB 602 (2020). MARY GRACE BRUNTRAGER