HCS/SB 760 - The act modifies provisions relating to outdoor resources.SECTION 29.380 - STATE AUDITOR
The act requires the State Auditor to conduct an audit of each solid waste management district in the state.
SECTION 34.032 - TECHNICAL CHANGE
This section removes a reference to section 260.255, which is repealed by the act.
SECTIONS 59.319 TO 60.620 - 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.
The act changes the name of the State Land Survey Authority to the Land Survey Program and updates statutory references in numerous places.
The act modifies several of the land survey duties of the Department of Natural Resources. It directs the department to provide the framework for all geodetic positioning activities in the state. Under current law, the department's regulations for land surveyors are advisory in nature; the act removes the advisory nature of the department's regulations, making the department's regulations enforceable. It removes the department's duty to appoint a state land surveyor.
The act changes the name of the Land Survey Advisory Committee to the Land Survey Commission and increases the membership on the Commission from 5 to 7. The director of the department must serve as a member, but the act requires the Governor to appoint the other 6 members as specified. It limits members to three consecutive terms. The act adds a few additional duties to the Commission: providing recommendations on the operation of the land survey program and the selection of the state land surveyor. It also requires the Attorney General to advise the Commission upon its request and represent the Commission in legal proceedings.
The act allows revenue from sales of the department's surveying information to be deposited in the Department of Natural Resources Revolving Services Fund and expands what the Fund may be used for, which includes computer hardware and software and personnel related to retail services provided by the land survey program to the public. The act requires the Land Survey Commission to determine by December 1, 2013 the appropriate administrative charges for staff services provided by the department and the Office of Administration.
These provisions are similar to SB 814 (2012) and HCS/HB 1395 (2012).
SECTION 67.4505 - DRINKING WATER SUPPLY LAKE AUTHORITY
This act establishes a county drinking water supply lake authority in Christian County.
This section is identical to HB 1662 (2012).
SECTION 252.043 - HUNTING ACCIDENTS
Current law gives the Conservation Commission the authority to suspend or revoke hunting permits and privileges for up to 5 years for anyone who accidentally injures another person while hunting. This act gives authority to the Commission to increase the time period to up to 10 years if the person who injured or killed another person is convicted of murder, manslaughter, or assault for the event.
This act is similar to SB 372 (2009).
SECTION 260.330 - SOLID WASTE FEES
Current law requires an annual adjustment for inflation to the $1.50 and $1 per ton fees charged by operators of solid waste sanitary landfills, demolition landfills, and transfer stations, except no adjustment is allowed during the years 2005 through 2014. This act removes the 2014 end date, effectively disallowing an inflation adjustment to these fees any time after October 1, 2005.
This section is similar to SB 778 (2012).
SECTION 260.373 - HAZARDOUS WASTE
The act prohibits the Missouri Hazardous Waste Commission from promulgating any state regulation that either exceeds certain hazardous waste requirements under the federal Resource Conservation and Recovery Act (RCRA) or that implements a requirement before RCRA requires implementation. The act permits certain exceptions to this prohibition as listed.
By July 31, 2014, the Department of Natural Resources must identify rules that are inconsistent with the act and must thereafter amend any such rule. After July 31, 2016, any inconsistent rule becomes unenforceable.
The Department may not selectively exclude any or part of any state hazardous waste regulation in certain authorization applications to the U.S. Environmental Protection Agency.
SECTION 260.392 - TRANSPORTING RADIOACTIVE WASTE
The act exempts all highway route controlled quantity shipments of radioactive materials from the fees for transporting radioactive waste. The act further provides that carriers transporting highway route controlled quantities of radioactive material that have been subject to federal inspection, and have passed federal inspection, shall not be subject to additional inspections. The Missouri Highway Patrol must establish procedures and fees to provide for reimbursement of state escort services provided for shipments of highway route controlled quantities of radioactive materials. Fees may not exceed $500 per trip or $2,000 per year. Revenue from the fees shall be credited to the Environmental Radiation Monitoring Fund, to be used by the Department of Natural Resources for related activities.
Current law requires fees for transporting radioactive waste to be paid before shipment; the act makes fees due after shipment.
This section is similar to HCS/SB 470 (2012), SCS/HCS/HB 1640 (2012) and SCS/HCS/HB 1402 (2012).
SECTION 292.606 - MISSOURI EMERGENCY RESPONSE COMMISSION
Currently, fees that certain employers and business that store, use, produce, or transport petroleum and other hazardous materials pay to the Missouri Emergency Response Commission are set to sunset on August 28, 2012. This act extends that sunset to August 28, 2018.
Employers required to report hazardous substances, known as Tier II filers, may request the Commission to distribute the report to the local emergency planning committees and fire departments by paying a $10 fee for each facility listed which shall not be applied to the employer's fee cap.
This section is identical to HCS/HB 1647 (2012) and SB 868 (2012).
SECTION 306.127 - BOATING SAFETY IDENTIFICATION CARD
Any person or company that rents or sells vessels may issue temporary boating safety identification cards to nonresidents to operate vessels for a period of up to 7 days, provided that the individual meets the minimum age requirements for operating a vessel. In order to qualify for the card, the applicant shall provide a valid driver's license establishing that the applicant is a nonresident and shall sign an affidavit that he or she has reviewed the Missouri State Highway Patrol Handbook of Missouri Boating Laws and Responsibilities. The Missouri State Highway Patrol shall charge a fee of $9 for the card. Nonresidents shall not be eligible for more than one temporary boating safety identification card. Under the act, the Missouri State Highway Patrol is authorized to develop the temporary boating safety identification card. The act requires businesses that the cards to transmit the applicant's information and payment to the Missouri State Highway Patrol using an electronic online registration process developed and provided by the patrol. The electronic online registration process shall allow the applicant to pay the $9 fee by credit card or debit card. The act imposes a sunset date of December 31, 2022, on the nonresident temporary boating safety identification card program. This portion of the act contains an emergency clause (see Section B).
This section is similar to CCS/HCS/SB 568 (2012), SS/SCS/SB 719 (2012) and SCS/HCS/HB 1640 (2012).
SECTION 393.1000 & 393.1003- INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGE (ISRS) FOR WATER CORPORATIONS
Under current law, only water companies that provide service to customers in St. Louis County may establish a surcharge for infrastructure system replacements (ISRS). The act allows any water company, after August 28, 2012, to establish such ISRS rates. For small water corporations only, the act lowers the current ISRS revenue requirement from $1 million to $10,000. The act adds energy efficiency projects to the types of projects for which an ISRS may be used.
These provisions are similar to HCS/SB 791 (2010) and HB 2310 (2010).
SECTION 571.010 - SWITCHBLADE KNIVES
Under current law, a person commits a Class A misdemeanor if he or she possesses, manufactures, transports, repairs, or sells a switchblade knife. This act limits the prohibition to the possession, manufacture, transport, repair or sale of a switchblade knife when such uses violate federal law, and makes the crime a Class C felony. Current law provides exceptions to the commission of the crime; the act adds an exception for when the weapon is used solely as a curio, ornament, or keepsake.
This section is similar to SS/SCS/SB 489 (2012).
SECTION 571.030 - UNLAWFUL USE OF WEAPONS
The act makes it a crime of unlawful use of a weapon for a person to possess a firearm while also in felony possession of controlled substance. The act allows persons 18 years of age who are in the U.S. Armed Forces to transport a concealable firearm in the passenger compartment of a motor vehicle without committing the crime of unlawful use of weapons.
SECTION 571.101 & 571.117 - AGE MINIMUM FOR CONCEALED CARRY
Under current law, a person must be at least 21 years of age to apply for a concealed carry endorsement. This act allows persons who are 18 years of age or older who serve in the U.S. Armed Forces to apply for an endorsement, provided they have assumed residency in the state or are stationed in the state.
This section is similar to HCS/HB 1319, HB 1045 & HB 1369 (2012).
SECTION 571.111 - TRAINING REQUIREMENTS FOR CONCEALED CARRY
Training requirements for concealed carry endorsement applicants were increased in HB 294 (2011). This act adopts a grandfather clause for those who were issued a firearms safety training certificate prior to the date the standards were increased, so these certificate-holders can receive a concealed carry endorsement without having to retake a training course.
This section is similar to HCS/HB 1319, HB 1045 & HB 1369 (2012).
SECTION 577.073 - COMMERCIAL ACTIVITIES IN STATE PARKS
Current law prohibits any person from conducting commercial activities within a state park except with written permission or if under a concession contract. This act creates an exception for the customary use of trails and roads for the transport of people, bicycles, or non-motorized watercraft. This section contains an emergency clause.
SECTION 640.100 - PUBLIC DRINKING WATER FEES
Under current law, the authority expires on September 1, 2012 for the Department of Natural Resources to impose an annual per customer fee for connections to a public water system. This act extends the expiration date to September 1, 2017.
This section is identical to SB 889 (2012).
SECTION 644.026 - WATER POLLUTION CONTROL
The act requires that certain persons who participated in the public participation process for the promulgation of rules by the Clean Water Commission must also be able to provide additional comments or response at the Commission's meeting at which the proposed rule receives a vote to become final.
SECTION 260.255 - NEWSPAPER PUBLISHERS
The act repeals section 260.255 which requires certain newspaper publishers to file a statement with the Department of Natural Resources declaring whether or not they have complied with recycled paper content percentage requirements.
This section is identical to SB 889 (2012).
The act includes an emergency clause for sections 306.127 and 577.073, relating to boating safety and commercial activities in state parks.
Various provisions of the act are similar to provisions in SCS/HB 1251 (2012).
ERIKA JAQUES
HA 1: THE FIRST PART OF THE AMENDMENT FIXES A TYPOGRAPHICAL ERROR AND ADDS LANGUAGE TO ALLOW THE CONCEALED CARRY EXEMPTIONS FOR 18-YEAR OLDS TO ALSO APPLY TO 19 AND 20-YEAR OLDS. THE AMENDMENT REMOVES SECTION 571.020 RELATING TO SWITCHBLADE KNIVES. THE AMENDMENT ADDS SECTION 643.225 (SB 898), WHICH ALLOWS AN EXEMPTION TO CERTAIN STATE ASBESTOS REQUIREMENTS FOR BUSINESSES THAT REGULARLY ENGAGE IN ASBESTOS ABATEMENT PROJECTS THAT ARE SUBJECT TO FEDERAL ASBESTOS LAWS.
HA 2: THE AMENDMENT ALLOWS FOR THE PETITION TO A COURT FOR THE EXPUNGEMENT OF CERTAIN RECORDS.
HA 3: RE-WORDS THE EXEMPTION IN SECTION 577.073 PROVIDED FOR COMMERCIAL ACTIVITIES ALLOWED IN STATE PARKS.
HA 4: THE AMENDMENT ADDS SECTIONS 67.463 AND 67.469. CURRENTLY UNDER SECTION 67.463, THE BOONE COUNTY COLLECTOR IS AUTHORIZED TO COLLECT A FEE WHEN COLLECTING SPECIAL ASSESSMENTS FOR NEIGHBORHOOD IMPROVEMENT DISTRICTS. THE AMENDMENT ALLOWS COUNTY COLLECTORS IN ANY COUNTY TO COLLECT THIS FEE. SECTION 67.469 EXPANDS THE EXISTING LAW THAT ALLOWS LIENS AGAINST PROPERTY TO BE FORECLOSED FOR FAILURE TO PAY NEIGHBORHOOD IMPROVEMENT DISTRICT SPECIAL ASSESSMENTS, SO THAT FIRST CLASS COUNTIES AND THE CITY OF ST. LOUIS MAY ALSO FORECLOSE ON THESE LIENS BY A LAND TAX SALE UNDER THE PROVISIONS OF LAW THAT GOVERN LAND TAX SALES IN THOSE COUNTIES.
HA 5 (AS AMENDED): ADDS SECTIONS 621.250, 640.018, 643.130, AND 644.071, WHICH RELATE TO TIMEFRAMES FOR HEARINGS AND DECISIONS BY THE ADMINISTRATIVE HEARING COMMISSION FOR APPEALS OF ENVIRONMENTAL PERMITS, TIMEFRAMES FOR ISSUANCE OF ENVIRONMENTAL PERMITS BY THE DEPT. OF NATURAL RESOURCES, AND COURT JURISDICTION FOR JUDICIAL REVIEW OF ENVIRONMENTAL PERMITS. (HA1 TO HA5 MAKES TECHNICAL CORRECTIONS).
HA 6: ADDS SECTIONS 300.390, 304.900, AND 577.060, RELATING TO BICYCLE/PEDESTRIAN RIGHT-OF-WAY AND JAYWALKING.
HA 7: ADDS SECTION 163.024, WHICH REQUIRES CERTAIN MONIES FROM A COURT SETTLEMENT PAID BY DOE RUN TO BE DIRECTED TO AREA PUBLIC SCHOOL FUNDS WITHOUT BEING COUNTED AS PART OF THE SCHOOLS' LOCAL CONTRIBUTION IN THE SCHOOL FUNDING FORMULA.
HA 8: ADDS SECTION 260.392, WHICH MODIFIES THE METHOD BY WHICH FEES FOR TRANSPORTING RADIOACTIVE WASTE BY TRUCK ARE ASSESSED. UNDER CURRENT LAW, FEES ARE CHARGED ON A PER-CASK BASIS. THE AMENDMENT MAKES THE FEES ASSESSED ON A PER-TRUCK BASIS RATHER THAN A PER-CASK BASIS.
HA 9: ADDS SECTIONS 644.016 AND 644.051, RELATING TO THE PROCESS USED BY THE DEPT. OF NATURAL RESOURCES TO DEVELOP "GENERAL PERMITS" FOR WATER POLLUTION CONTROL.