CCS/HCS/SS/SCS/SB 470 -Modifies various provisions relating to transportation. Subjects addressed include:
USE OF MUNICIPAL STREETS – Requires municipalities to allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all routes within the municipality. This provision may be found in the truly agreed to versions of SB 480 and HB 1402 (2012).
KANSAS CITY COMMERCIAL ZONE - (See Motor Vehicles and Judicial Administration for a summary of other provisions of this bill). (Signed 7/12/12)
CCS/HCS/SCS/SB 498 - Under current law, cities are prohibited from passing laws that restrict certain 501(c)(3) organizations from operating retail businesses that sell donated items. This act expands the law to include 501(c )(19) organizations. This act contains an emergency clause. (Signed 5/30/12)
CCS/HCS/SCS/SB 569 - Modifies the law relating to elections. Includes provisions relating to:
LAW ENFORCEMENT DISTRICTS
THIRD CLASS CITY PRIMARIES
FOURTH CLASS CITY ALDERMEN
JACKSON COUNTY TRANSIT AUTHORITY TAXES - Requires election judges to swear that they will support and defend the United States and Missouri constitutions.
Removes the first Tuesday after the first Monday in June as a date available for public elections. Currently, the first Tuesday after the first Monday in February is available for public elections. This act only allows bond elections to occur on that date.
This act allows tax elections necessitated by a financial hardship due to a 5% or greater decline in per-pupil state revenue to a school district from the previous year, to be conducted at any time.
Provides that party emblems shall not be printed on the ballot above the party caption.
Makes it a class four election offense for an election authority or political subdivision to discourage potential candidates from filing for the purposes of eliminating the requirement to hold an election. (Vetoed 7/12/12)
SS/SCS/SB 576 - Modifies the laws governing charter schools. (See Education & School Law for a summary of this bill). (Signed 6/27/12)
SS/SB 607 – Modifies laws relating to outdoor advertising and sign permits. (See Commercial Law for a more complete summary of the provisions of this bill). (Vetoed 7/12/12)
HCS/SCS/SB 625 - Modifies provisions relating to certain local and state employee retirement systems. (See Labor Law for a more complete summary of this bill). (Signed 7/10/12)
CCS/HCS/SB 628 - Modifies provisions relating to the judiciary.
SHERIFF’S CHARGE IN CIVIL CASES - Under current law, there is a special fund in each county treasury for certain funds coming into the possession of sheriffs that is to be used for the sheriff’s office. Land sale proceeds are not to be directed into the fund. Any proceeds in excess of such amount go into the general revenue in the county treasury.
This act specifies that charges received by sheriffs for executing service of process or other court orders and land sale proceeds must be placed in the special fund, subject to the $50,000 cap on the fund.
COLLECTION OF FINES OR COSTS - Authorizes cities and counties that have established municipal courts to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a finding of guilt for a criminal offense or infraction or entry of a civil judgment.
CITY ECONOMIC DEVELOPMENT TAX BOARD - Allows a city that adopts or has already adopted a local option economic development sales tax to increase the number of members on the economic development tax board.
GREENE AND CASS COUNTY ASSOCIATE CIRCUIT COURT JUDGES - Currently, associate circuit judges in Cass County can hear and determine county traffic ordinance violations. This act extends similar authority to associate circuit judges in Greene County and allows such judges in both counties to hear any county ordinance violation adopted pursuant to statute.
JUVENILE COURT JURISDICTION - HB 1171 (2012). Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.
ADMINISTRATIVE ADJUDICATION SYSTEM - Springfield will be allowed to establish an administrative adjudication system.
MUNICIPAL ORDINANCE VIOLATIONS - Currently, municipalities that make an election to have violations of their ordinances heard by an associate circuit court or county municipal court must have all violations of their ordinances heard by such a court. This act allows municipalities to elect to have only violations by an accused with special needs due to mental illness or mental disorder heard by such courts. If the election is for an associate circuit court to handle such matters, the presiding judge of the circuit must consent to the election. If the election is for a county municipal court to handle such matters, a county contract must permit the election.
The prosecutor must make a designation of special needs on the information. The matter will be transferred back to the municipal court if the associate circuit court or county municipal court does not have established resources for handling such matters or the court determines the accused does not have special needs.
ST. LOUIS CITY CIRCUIT CLERK- Requires that the circuit clerk for the twenty-second judicial circuit be appointed by a majority of the judges of that circuit. The circuit clerk shall be removable for cause by a majority of the circuit judges. The elected circuit clerk holding office when this act takes effect will remain in office for the remainder of his or her term. (See Judicial Administration and Criminal Law for a summary of additional provisions of this bill). (Neither signed nor vetoed. Becomes law pursuant to Article III, Section 31, Missouri Constitution).
CCS/HCS/SB 636 - This act modifies laws relating to the judiciary.
FRANKLIN COUNTY MUNICIPAL COURT - This act allows Franklin County to establish a county municipal court. If Franklin County creates a county municipal court, the first judges are to be appointed by the county commission for terms of four years and subsequent judges are elected for terms of four years.
FAILING TO PAY BI-STATE DEVELOPMENT AGENCY FARE - Persons convicted of failing to pay the fare for use of Bi-State Development Agency facilities and conveyances may be required to reimburse the reasonable costs attributable to the enforcement, investigation and prosecution of such offense to the agency.
JUVENILE COURT JURISDICTION - See SB 628, supra.
MUNICIPAL ORDINANCE VIOLATIONS - See SB 628, supra.
APPOINTMENT OF ST. LOUIS CITY CIRCUIT CLERK - See SB 628, supra. (See Criminal Law for a summary of additional provisions of this omnibus bill). (Signed 7/12/12)
CCS/SS/SB 665 - Authorizes the Governor to transfer certain pieces of real estate located throughout the state of Missouri to the State Highways and Transportation Commission. The act further authorizes the governor to convey an easement to the city of Sedalia for the purposes of operating a fire station. The act also authorizes the governor to convey an easement located near the Choteau State Owned Office Building in the City of St. Louis.
This act exempts voluntary annexations approved by municipal ordinance from boundary commission review provided the area to be annexed is owned by the municipality, is contiguous with the municipality, and the area is to be used for park and recreation purposes.
Under current law, community college districts and public school districts may only own real property within their boundaries. This act specifies that this provision will not apply to community college districts. (Signed 7/10/12)
SCS/SB 729 - Under this act, Boone and Greene counties are not required to obtain bids on purchases of $6,000 or less. Such amount is set at $4,500 for counties under current law.
Notice and advertising requirements are also changed for Boone and Greene counties, so they are only required to advertise and post notice on such proposed purchases when they exceed $6,000. (Signed 7/10/12)
SB 736 - Currently, certain counties are required to spend at least twenty-five percent of the money coming to the county from the special road and bridge tax levied within a city or town on repairing and improving existing roads, streets, and bridges within the city or town where the money carne from. This act exempts St. Francois County from this requirement. (Signed 7/6/12)
CCS/HCS/SS/SB 769 – Includes provisions relating to the Jackson County Transit authority and tax increment financing and enterprise zones - (See also Health & Hospital Law). (Signed 7/10/12)
SCS/HB 1036 –Removes the first Tuesday after the first Monday in June as a date available for public elections. Currently, the first Tuesday after the first Monday in February is available for public elections. This act only allows bond elections to occur on that date.
This act allows tax elections necessitated by a financial hardship due to a 5% or greater decline in per-pupil state revenue to a school district from the previous year, to be conducted at any time.
A provision requiring party emblems to be printed on ballots above party captions is repealed. (Signed 7/12/12)
HB 1037 - Under this act, road district commissioners may receive compensation for their services of up to $100 per month. (Signed 7/6/12)
HB 1039 - Allows retirees of the Missouri Local Government Employees’ Retirement System to have premiums for health insurance or long-term care deducted from their retirement allowance. (Signed 6/18/12)
SS/HCS/HB 1106 -Modifies provisions relating to public offices that have statutory bond requirements.
COUNTY COLLECTOR QUALIFICATIONS - Establishes minimum qualifications for the offices of county collector and county treasurer-collector. Candidates for county collector and county treasurer-collector must be current in the payment of state and local taxes. County collector-treasurers are given the sale authority to appoint their deputies and must remain in office until a successor is elected. Once elected, collectors and collector-treasurers must reside in the county for the duration of their terms. In addition, this act specifies that, in the event of a vacancy in the office of county collector-treasurer, the procedure for a county collector vacancy applies rather than the procedure for a county treasurer vacancy. All candidates for public office must declare their ability to meet statutory bond requirements when filing for office.
COUNTY/CITY CONTRACTS IN JEFFERSON
COUNTY - Allows Jefferson County officers to contract with municipalities in Jefferson County to perform the same type of duties for the municipality as the county officer is performing for the county. (Signed 7/10/12)
HCS/HB 1171 - Modifies provisions relating to courts.
Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.
Authorizes Franklin County to prosecute and punish violations of its county orders in the circuit court or in a county municipal court if such creation is approved by an order of the county commission. The Franklin County commission shall appoint the first judges for a term of four years, and thereafter the judges shall be elected for a term of four years. The commission shall establish by order the number of judges to be appointed and the qualifications for their appointment. (Signed 7/9/12)
HB 1179 - Prohibits large water consumers from taking and transporting water from within the Southeast Missouri Regional Water District to locations outside the District, if such taking and transporting interferes with the normal water usage of certain other large water consumers. If such interference occurs, the Attorney General or the affected parties may seek an injunction. No injunction may be issued if it would harm public health or safety. (Signed 6/18/12)
HB 1250 - Allows certain third class cities to eliminate, by ordinance or order, primary elections for mayor and councilmen offices. Any person wishing to become a candidate for these offices must file a statement of candidacy with the city clerk in order to be placed on the ballot.
In addition, this act removes the first Tuesday after the first Monday in June as a date available for public elections. Also, tax elections necessitated by a financial hardship due to a 5% or greater decline in per-pupil state revenue to a school district from the previous year may be conducted at any time.
Voters in the City of Farmington may place an ordinance on the ballot to restrict smoking in establishments and areas within the city. (Vetoed 7/12/12)
SS/SCS/HB 1251 - The act modifies provisions relating to natural resources.
STATE AUDITOR - Requires the State Auditor to conduct an audit of each solid waste management district in the state. The State Auditor may request reimbursement for the cost of the audit from the solid waste management district.
LAND SURVEY PROGRAM - Under current law, $1 of a $4 fee collected by county recorders is remitted to the state for purposes of administering state land survey duties by the Department of Natural Resources. The act creates the Missouri Land Survey Fund and directs the fee revenue into this fund.
Modifies several of the land survey duties of the Department of Natural Resources.
Changes the name of the Land Survey Advisory Committee to the Land Survey Commission and makes changes in the membership terms and duties of the Commission.
Further includes provisions relating to a county drinking water supply lake authority in Christian County.
COMMERCIAL THOROUGHFARES IN MUNICIPALITIES - Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one street, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all streets within the municipality. (See Energy & Environmental Law for a summary of additional provisions of this omnibus bill). (Signed 7/10/12)
HCS/HB 1340 - Allows a county commission to appoint an interim county official to the offices of county clerk, auditor, or assessor when a vacancy occurs. The interim appointee serves until the governor appoints a successor. (Signed 7/6/12)
SS/SCS/HCS/HB 1498 - Allows any liquor license holder to apply for a license to sell liquor at retail on Sundays from 9 a.m. until midnight except certain establishments in St. Louis and Kansas City that can apply for such licenses under different statutory authority. The statutory authority for such establishments in St. Louis and Kansas City is modified so that they do not have to serve food in addition to liquor.
Opening times for other establishments that have a license to serve liquor seven days a week are changed to 9 a.m.
Allows businesses in the St. Louis International Airport that hold a license to sell liquor by the drink at retail for consumption on the premises where sold to apply for a special license to begin serving liquor at 4 a.m., seven days of the week. (See Commercial Law for a summary of additional provisions of this bill affecting state liquor laws). (Signed 7/10/12)
SCS/HB 1504 -Modifies provisions of law regarding sales taxes.
METROPOLITAN PARK AND RECREATION DISTRICT - Authorizes any county that is part of the Metropolitan Park and Recreation district to impose an additional sales tax up to 3/16th of one percent, if the voters of St. Louis County and at least one of the other counties approve the tax. Sixty percent of the additional tax is to go to the Gateway Arch grounds and other regional park and trail improvements with specific amounts allocated at different times to the Arch and to other park projects. Forty percent of the additional tax is to go to the county for local and county park improvements. This additional tax would not apply to the sale of food and prescription drugs.
Requirements for any contract concerning capital improvements or maintenance activities in the Gateway Arch grounds area are specified. Capital improvements and maintenance activities must be constructed and performed according to a comprehensive agreement approved by the Metropolitan Park and Recreation district before the public vote on the additional sales tax.
Any county that approved the additional sales tax is required to submit a proposal to reauthorize this tax to the county voters at a general election no later than 23 years after the additional sales tax is effective.
These provisions of the act have an emergency clause.
PEVELY TRANSIENT GUEST TAX - Authorizes the city of Pevely to impose a transient guest tax, upon approval of the voters, to fund the promotion of tourism.
BUCHANAN COUNTY THEATER, CULTURAL ARTS, AND ENTERTAINMENT DISTRICT - This act adds Buchanan County and the cities, towns, or villages within Buchanan County to the list of governmental entities that are authorized to establish a Theater, Cultural Arts, and Entertainment taxing district.
JACKSON COUNTY PARKS, TRAILS, AND GREENWAYS DISTRICT - Authorizes Jackson County to create a parks, trails, and greenways district and impose an additional sales tax of one-tenth of one cent, if the voters of Jackson County approve the creation of the district and the tax. This act does not modify any existing recreation system or public parks system that exists within the district.
Among other powers, the district has the power to issue tax-exempt bonds, enter into contracts, lease, purchase, and hold property, establish and collect charges for using district facilities, employ staff, and appoint advisory committees. The district also has the power to enter into agreements with public authorities to pay for alterations to highways, street or roads, when the highway, street or road affects trails or parks of the district. The district does not have the power of eminent domain.
Membership of seven member governing board is specified. The district is required to follow state bidding requirements for all construction and maintenance purchases above ten thousand dollars.
MUNICIPAL LICENSE TAXES - Provides that generally the provisions of law regarding interest, penalties, and the statute of limitations provisions from the state sales tax law apply to delinquent municipal license taxes.
KANSAS CITY CONVENTION AND TOURISM TAX - Allows the city council of Kansas City to pass an ordinance and seek voter approval to collect the city convention and tourism tax from hotel guests who are otherwise exempt by law from paying this tax and from paying state and local sales taxes.
SALES TAX REFUNDS - Modifies the procedures for seeking a refund of sales taxes. A purchaser is allowed to submit a claim for a refund of the sales tax directly to the Director of Revenue. The purchaser is allowed to appeal the decision to deny a refund within sixty days of the date the notice of denial is mailed. A decision of the director to deny a refund claim based solely on the issue of the exemption of the electronic transmission or delivery of computer software that occurred on or after January 1, 2007, will be appealable by the purchaser, if the purchaser appeals by September 28, 2012.
SALES AND USE TAX PAYMENT BY COMMON CARRIERS - Also extends the expiration date from December 31, 2013, to December 31, 2023, on provisions regarding the payment by common carriers of sales and use tax on aviation fuel and tangible personal property.
LIBRARY DISTRICT SALES TAX - Authorizes any public library district located in Pemiscot County to impose a one-half cent sales tax upon approval of the voters. (Signed 7/10/12)
SCS/HCS/HB 1525 - Modifies provisions relating to probation, parole and conditional release.
ADMIMSTRATIVE JAIL SANCTIONS - Allows the Division of Probation and Parole to place offenders in jail for short periods of time when a probation and parole officer believes an offender has violated a condition of release unless the offender’s order of release includes detention as a condition of the probation or parole. The first period of detention may be no longer than 48 hours and the offender may only spend up to 360 hours in jail in a calendar year.
The department must reimburse counties at a rate determined by the department, but no less than $30 per day per offender, for the period of detention. The department must certify to the counties before imposing a period of detention that there are enough funds to cover the cost of reimbursement. If there is not enough funding to cover the reimbursement or the jail does not have enough space, then the jail may refuse to accept offenders for detention. Once released from the period of detention, the offender can continue the probation or parole term unless new or additional information is brought forward that the offender was involved in the commission of a crime. (See Criminal Law for a summary of additional provisions of this bill). (Signed 7/6/12)
SS/HCS/HB 1647 - The act modifies provisions relating to public safety. Includes provisions relating to:
RECREATIONAL OFF-HIGHWAY VEHICLES
FIRE PROTECTION DISTRICTS - Prohibits a fire protection district from enforcing any regulations dealing with new residential construction if the city, town, village, or county in which the construction is located has already adopted regulations for such construction.
Fire protection districts, do, however, have final regulatory authority over the location and specifications of fire hydrants and fire lanes and may inspect certain dwellings. However, this authority shall not be construed to require political subdivisions supplying water to incur any costs to modify its water supply infrastructure. Fire protection districts may not collect a fee for such services.
Under current law, two or more fire protection districts who have at least one common boundary may consolidate. This act also allows two or more fire protection districts that are located in the same county, in whole or part, to consolidate.
ENACTS CHANGES RELATING TO THE MISSOURI PROPANE EDUCATION AND RESEARCH COUNCIL
MODIFIES REGUALTIONS THAT APPLY TO PRESSURE VESSELS
ANEMOMETER TOWERS - Requires certain safety marking of anemometer towers (wind speed testing towers) that are located outside of city limits and that are 50 feet or more in height.
The act does not supercede any other state or federal law that regulates the appearance of the anemometer tower. Owners of anemometer towers in existence as of August 28, 2012, are given until January 1, 2014, to comply with the act’s requirements. A violation of the act is a class B misdemeanor. (Signed 7/10/12)
SCS/HCS/HBs 1659 & 1116 - Authorizes the establishment of a land bank agency in Kansas City. Also modifies provisions of law that apply to the sale of tax-delinquent property in certain first class counties and that govern land trusts in certain counties to provide for how these provisions will interact with land bank agency powers and operations. (See Property Law for a more complete summary of the provisions of this bill). (Signed 7/9/12)
HCS/HB 1818 - Modifies the definition of residential property for property tax purposes to include time-share units, unless they are rented. Where time-share units are rented, the county assessor is required to consider only the percentage of use subject to sales tax as commercial property.
This act also requires county assessors to consider foreclosures and bank sales when establishing the value of parcels of real property for property tax purposes. (Signed 7/5/12)
HCS/HB 1900 - Specifies that a petition requesting a voluntary annexation needs to be notarized instead of verified. Any action to invalidate a previous annexation must be brought within three years of the date of the adoption of the annexation ordinance, except for an action to deannex an area for failure of the annexing municipality to provide required services to the area within three years. In that situation, the action must be brought within four years from the effective date of the annexation. (See State Government and Taxation Law for a summary of additional provisions of this bill). (Vetoed 7/20/12)