HCS/SCS/SB 510 - This act modifies the laws regarding municipal annexations, the taxation of security companies, assessment of real estate, the termination of water and sewer services, and complaints about real estate appraisals.VOLUNTARY ANNEXATIONS
(Sections 71.012, 71.014, and 71.015)
This act 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.
This provision is identical to HB 1573 (2012) and a provision of HCS/SCS/SB 729 (2012).
TAXATION OF SECURITY COMPANIES
(Section 94.110)
This act adds residential and commercial alarm and security entities to the list of vocations and businesses that third-class cities may levy a license tax on.
PROPERTY ASSESSMENT
(Section 137.076)
This act requires county assessors to consider foreclosures and bank sales when establishing the value of parcels of real property for property tax purposes.
This provision is similar to SB 52 (2011) and similar to provisions contained within SB 671 (2010).
WATER AND SEWER SERVICES
(Section 250.140)
This act provides that the owner of a premises who terminates water or sewer service to an occupant of the premises due to delinquent payments is not liable for damages and will not be considered to have constructively evicted the tenant, or be guilty of forcible entry and detainer.
REAL ESTATE APPRAISAL COMPLAINTS
(Section 339.098)
This act specifies that any person who purchases or pays for a real estate appraisal for property he or she owns or has a contract to purchase will have standing to file a complaint with the Real Estate Appraisers Commission.
This provision is similar to HB 1766 (2012), HB 1885 (2012), and a provision of HCS/SCS/SB 729 (2012).
EMILY KALMER
HA 1 - THE AMENDMENT CREATES A REFUNDABLE INCOME AND FINANCIAL INSTITUTIONS TAX CREDIT WHICH MAY BE AVAILABLE FOR SPORTS COMMISSIONS, CONVENTION AND VISITORS BUREAUS, CERTAIN NONPROFIT ORGANIZATIONS, COUNTIES, AND MUNICIPALITIES TO OFFSET EXPENSES INCURRED IN ATTRACTING SPORTING EVENTS TO THE STATE. APPLICANTS FOR THE TAX CREDIT MUST SUBMIT GAME SUPPORT CONTRACTS TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR APPROVAL. THE TAX CREDIT WILL BE EQUAL TO THE LESSER OF FIVE DOLLARS FOR EACH PER SESSION ADMISSION TICKET SOLD FOR THE EVENT AND PAID REGISTERED PARTICIPANTS MULTIPLIED BY THE NUMBER OF DAYS OF THE EVENT OR ONE HUNDRED PERCENT OF ELIGIBLE EXPENSES INCURRED. NO MORE THAN TEN MILLION DOLLARS IN TAX CREDITS MAY BE ISSUED PER FISCAL YEAR, OF THIS, NO MORE THAN EIGHT MILLION DOLLARS CAN BE AVAILABLE FOR EVENTS IN ST. LOUIS CITY OR ANY COUNTY WITH MORE THAN THREE HUNDRED THOUSAND INHABITANTS. THE TAX CREDITS ARE FULLY TRANSFERRABLE, PROVIDED A NOTARIZED ENDORSEMENT IS FILED WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. THE DEPARTMENT OF ECONOMIC DEVELOPMENT IS PROHIBITED FROM CERTIFYING GAME SUPPORT CONTRACTS AFTER AUGUST 28, 2018, BUT MAY CERTIFY GAME SUPPORT CONTRACTS ON OR PRIOR TO SUCH DATE WHICH PERTAIN TO GAMES TO BE HELD AFTER AUGUST 28, 2018.
THE AMENDMENT ALSO CREATES AN INCOME, FINANCIAL INSTITUTIONS, AND CORPORATE FRANCHISE TAX CREDIT EQUAL TO FIFTY PERCENT OF THE AMOUNT OF AN ELIGIBLE DONATION MADE, ON OR AFTER JANUARY 1, 2012, TO A CERTIFIED SPONSOR OR LOCAL ORGANIZING COMMITTEE FOR THE PURPOSES OF ATTRACTING SPORTING EVENTS TO THE STATE. THE TAX CREDIT MAY NOT BE APPLIED AGAINST WITHHOLDING TAXES. THE TAX CREDIT IS NON-REFUNDABLE, BUT MAY BE CARRIED FORWARD FOUR YEARS. THE TAX CREDIT IS TRANSFERABLE. CERTIFIED SPONSORS AND LOCAL ORGANIZING COMMITTEES MAY APPLY TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE TAX CREDITS. APPLICATIONS FOR TAX CREDITS MUST BE ACCOMPANIED BY PAYMENT IN AN AMOUNT EQUAL TO THE TAX CREDITS REQUESTED. THE DEPARTMENT OF ECONOMIC DEVELOPMENT IS PROHIBITED FROM ISSUING MORE THAN TEN MILLION DOLLARS IN TAX CREDITS EACH FISCAL YEAR. THE PROVISIONS OF THIS AMENDMENT SHALL AUTOMATICALLY SUNSET SIX YEARS AFTER AUGUST 28, 2012 UNLESS REAUTHORIZED.
THESE PROVISIONS ARE IDENTICAL TO PROVISIONS OF HCS/HB 1710 (2012), HCS/HB 1245 (2012) AND SIMILAR TO A PROVISION OF SS/SCS/HCS/HB 1865 (2012), SCS/SBS 588 & 585 (2012), SB 8 (1ST EX. SESSION 2011), SS/SB 203 (2011), SB 840 (2010), AND HB 1786 (2010).
HA 2- CURRENTLY, THE DIRECTOR OF THE DEPARTMENT OF REVENUE MUST GIVE PRIORITY TO CERTAIN TAX-EXEMPT ORGANIZATIONS OR A POLITICAL SUBDIVISION WHEN AWARDING A FEE OFFICE CONTRACT IN THE COMPETITIVE BIDDING PROCESS. THIS AMENDMENT PROVIDES THAT SUCH TAX-EXEMPT ORGANIZATION RECEIVING PRIORITY MUST HAVE ITS PRIMARY ADMINISTRATIVE OFFICE LOCATED IN THE SAME COUNTY, LEGISLATIVE DISTRICT, OR SENATORIAL DISTRICT AS THE FEE OFFICE. IN ADDITION, NON-FOR-PROFIT ENTITIES THAT AWARDED FEE OFFICE CONTRACTS MUST SUBMIT AN ANNUAL REPORT TO THE DIRECTOR THAT CONTAINS:
1) THE NET RECEIPTS OF THE FEE OFFICE;
2) AN ITEMIZATION OF ALL EXPENDITURES AND ADMINISTRATIVE FEES PAID INCLUDING BOTH OPERATING EXPENSES AND CHARITABLE CONTRIBUTIONS; AND
3) A LIST OF ALL CHARITIES THAT BENEFIT FROM THE FEES THE FEE OFFICE COLLECTS.
NON-FOR-PROFIT FEE OFFICES MUST DISPLAY AT THEIR BUSINESS LOCATION ALL CHARITABLE ENTITIES THAT WILL BENEFIT FROM FEE OFFICE FEES
THIS AMENDMENT IS SIMILAR TO A PROVISION OF THE PERFECTED HB 1640 (2012) AND SB 586 (2012).
HA 3 - UNDER CURRENT LAW, CERTAIN COUNTIES THAT HAVE PART OF KANSAS CITY IN THE COUNTY ARE ALLOWED TO USE SALES TAX PROCEEDS AUTHORIZED BY ANOTHER STATUTE FOR ROAD AND BRIDGE PURPOSES AND REDUCE THE COUNTY'S PROPERTY TAX LEVY. HOWEVER, IF THE COUNTY COMMISSION REDUCES THE SPECIAL ROAD AND BRIDGE TAX LEVY AND THAT REDUCTION REDUCES THE AMOUNT OF REVENUE RECEIVED BY CITIES AND SPECIAL ROAD DISTRICTS IN THAT COUNTY, THEN THE COUNTY COMMISSION MUST SET ASIDE TO THE CREDIT OF THE CITIES AND ROAD DISTRICTS AN AMOUNT FROM THE SALES TAX THAT IS AT LEAST EQUAL TO WHAT THE CITIES AND ROAD DISTRICTS WOULD HAVE RECEIVED UNDER THE SPECIAL ROAD AND BRIDGE PROPERTY TAX LEVY. THIS AMENDMENT MODIFIES THIS LAW BY PROVIDING THAT IF THE SPECIAL ROAD AND BRIDGE LEVY IS NOT SET AT A LEVEL OF AT LEAST FOURTEEN CENTS ON EACH $100 ASSESSED VALUATION, THE COUNTY IS REQUIRED TO ALLOCATE ADDITIONAL FUNDS FROM ANY AVAILABLE COUNTY SOURCE TO THE CITIES, TOWNS, VILLAGES, AND SPECIAL ROAD DISTRICTS WITHIN THE COUNTY TO AT LEAST EQUAL THE FUNDING LEVEL PRODUCED BY A LEVY OF FOURTEEN CENTS ON EACH $100 ASSESSED VALUATION. ADDITIONALLY, ANY CITY THAT CONTAINS AT LEAST FIFTY PERCENT OF A SPECIAL ROAD DISTRICT IS ENTITLED TO RECEIVE THE SPECIAL ROAD DISTRICT'S PORTION OF ANY FUNDS NOT PAID THROUGH THE SPECIAL ROAD AND BRIDGE LEVY.
THIS AMENDMENT ALSO ALLOWS KANSAS CITY TO ESTABLISH A COMMUNITY IMPROVEMENT DISTRICT IN THE PORTION OF THE CITY LOCATED IN CLAY COUNTY. THIS COMMUNITY IMPROVEMENT DISTRICT MAY BE FUNDED THROUGH A PROPERTY TAX UP TO TEN CENTS PER HUNDRED DOLLARS ASSESSED VALUATION.
THIS PROVISION IS SIMILAR TO AN AMENDMENT TO SS/SCS/HCS/HB 1402 (2012), AN AMENDMENT TO HCS/SB 668 (2012), AND A PROVISION OF HB 1592 (2012).
HA 4 - THIS AMENDMENT REQUIRES THE TANEY COUNTY COMMISSION, UPON VOTER APPROVAL OF A COUNTY SALES TAX FOR CENTRAL DISPATCHING OF EMERGENCY SERVICES, TO APPOINT A SEVEN-MEMBER BOARD TO ADMINISTER THE FUNDS AND OVERSEE THE PROVISION OF EMERGENCY SERVICES.
THE BOARD SHALL INCLUDE THE HEADS OR A DESIGNEE OF THE COUNTY'S FIRE PROTECTION AND AMBULANCE DISTRICTS, THE SHERIFF OR A DESIGNEE, THE HEAD OR A DESIGNEE OF ANY POLICE DEPARTMENTS IN THE COUNTY, AND THE HEAD OR A DESIGNEE OF THE COUNTY'S EMERGENCY MANAGEMENT ORGANIZATIONS.
THIS AMENDMENT IS SIMILAR TO A PROVISION OF HCS/SS/SB 781 (2012) AND HB 1114 (2012), AND AN AMENDMENT TO HCS/SB 668 (2012).
HA 5 - (SECTIONS 67.5000 TO 67.5038)
THIS AMENDMENT 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. THE PARKS, TRAILS, AND GREENWAYS DISTRICT WILL BE RESPONSIBLE FOR PLANNING, DEVELOPING, OPERATING, AND MAINTAINING TRAILS, OPEN SPACE, GREENWAYS, AND PARKS THROUGHOUT JACKSON COUNTY. THIS AMENDMENT 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.
THE ONE-TENTH OF ONE CENT SALES TAX WILL BE DISTRIBUTED BETWEEN THE DISTRICT, THE COUNTY, AND THE CITIES IN THE COUNTY, WITH FORTY-FIVE PERCENT GOING TO THE DISTRICT, FIFTEEN PERCENT GOING TO THE COUNTY, AND FORTY PERCENT GOING TO THE CITIES IN PROPORTION TO EACH CITY'S LOCAL SALES TAX CONTRIBUTION. THE SALES TAX REVENUES MAY NOT BE PAID TO ANY SPECIAL ALLOCATION FUND ESTABLISHED UNDER THE REAL PROPERTY TAX INCREMENT ALLOCATION REDEVELOPMENT ACT.
THE DISTRICT IS GOVERNED BY A SEVEN MEMBER BOARD, WITH ONE MEMBER CHOSEN BY THE PRESIDING COMMISSIONER OR ELECTED COUNTY EXECUTIVE OF THE COUNTY, TWO MEMBERS APPOINTED BY THE MAYOR OF THE LARGEST CITY, AND FOUR MEMBERS APPOINTED ON A ROTATING BASIS BY THE MAYORS OF THE NEXT FIVE MOST POPULOUS CITIES IN THE COUNTY.
THE DISTRICT IS REQUIRED TO FOLLOW STATE BIDDING REQUIREMENTS FOR ALL CONSTRUCTION AND MAINTENANCE PURCHASES ABOVE TEN THOUSAND DOLLARS.
THIS PROVISION IS SIMILAR TO A PROVISION TATF IN SCS/HB 1504 (2012) AND AN AMENDMENT TO HCS/SB 668 (2012).
(SECTION 144.805)
THIS AMENDMENT 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.
(SECTION 182.802)
THIS AMENDMENT ALSO AUTHORIZES ANY PUBLIC LIBRARY DISTRICT LOCATED IN PEMISCOT COUNTY TO IMPOSE A ONE-HALF CENT SALES TAX UPON APPROVAL OF THE VOTERS.
HA 6 - THIS AMENDMENT MODIFIES CERTAIN REQUIREMENTS OF TAX INCREMENT FINANCING LAWS FOR REDEVELOPMENT AREAS WHERE A MAJORITY OF THE PROPERTY IS LOCATED WITHIN AN AREA AFFECTED BY CERTAIN NATURAL DISASTERS.
THIS AMENDMENT ALLOWS MUNICIPALITIES TO ADOPT REDEVELOPMENT PLANS FOR THE PURPOSE OF TAX INCREMENT FINANCING WHERE A MAJORITY OF THE PROPERTY IN THE REDEVELOPMENT AREA IS WITHIN A DISASTER AREA WITHOUT A FINDING THAT THE REDEVELOPMENT AREA WOULD NOT REASONABLY BE ANTICIPATED TO BE DEVELOPED WITHOUT TAX INCREMENT FINANCING. THE MUNICIPALITY IS ALSO AUTHORIZED TO PROVIDE INFORMATION REGARDING THE FINANCIAL FEASIBILITY OF THE REDEVELOPMENT PLAN ITSELF, RATHER THAN REQUIRING THE DEVELOPER TO PROVIDE IT. FOR A REDEVELOPMENT PROJECT TO BE ELIGIBLE FOR THE PROVISIONS OF LAW REGARDING TAX INCREMENT FINANCING IN DISASTER AREAS, THE MUNICIPALITY MUST APPROVE THE REDEVELOPMENT PROJECT WITHIN FIVE YEARS AFTER THE DATE THE PRESIDENT DECLARES THE DISASTER.
WHERE A REDEVELOPMENT AREA CONTAINS A DISASTER AREA, ALL OR PART OF THE TAXING DISTRICT'S OPERATING COSTS AND DEBT SERVICES COSTS FROM THE REDEVELOPMENT PROJECT MAY BE INCLUDED IN REDEVELOPMENT PROJECT COSTS, IN ADDITION TO THE COSTS THAT CURRENT LAW ALLOWS OTHER REDEVELOPMENT PROJECTS TO INCLUDE.
CURRENT LAW ALLOWS, UNDER THE STATE SUPPLEMENTAL TAX INCREMENT FINANCING PROGRAM, FOR THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO PROVIDE TO MUNICIPALITIES WITH APPROVED PROJECTS IN AN AMOUNT UP TO FIFTY PERCENT OF THE INCREASE IN STATE INCOME TAX REVENUE FROM NEW JOBS IN THE PROJECT AREA, OR IN AN AMOUNT UP TO FIFTY PERCENT OF THE INCREMENTAL INCREASE IN THE GENERAL REVENUE PORTION OF THE STATE SALES TAX. UNDER THIS AMENDMENT, BEGINNING AUGUST 28, 2012, THE GENERAL ASSEMBLY MAY APPROPRIATE FUNDS TO THE NEWLY CREATED MISSOURI SUPPLEMENTAL DISASTER RECOVERY FUND FOR THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO PROVIDE TO MUNICIPALITIES WITH APPROVED REDEVELOPMENT PROJECTS IN DISASTER AREAS IN AN AMOUNT UP TO FIFTY PERCENT OF THE TOTAL OF: 1) THE INCREASE IN THE AMOUNT OF INCOME TAX EMPLOYERS WITHHOLD FROM ALL EMPLOYEES OF BUSINESSES LOCATED IN THE PROJECT AREA; AND 2)THE INCREMENTAL INCREASE IN THE GENERAL REVENUE PORTION OF STATE SALES TAX REVENUES. PARTICULAR MUNICIPALITIES WILL ALSO BE ALLOWED TO RECEIVE ADDITIONAL AMOUNTS FROM THIS FUND, IF THE AMOUNTS ARE REQUESTED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT THROUGH APPROPRIATIONS. (SECTIONS 99.805, 99.810, 99.835, 99.845, AND 99.865)
THESE PROVISIONS HAVE AN EMERGENCY CLAUSE.
THESE PROVISIONS ARE IDENTICAL TO PROVISIONS OF HCS/SB 721 (2012) AND SIMILAR TO SB 777 (2012) AND HB 8 (1ST EXT. SESSION 2011) AND AN AMENDMENT TO HCS/SB 668 (2012).
HA 7 - THIS AMENDMENT MODIFIES PROVISIONS RELATING TO EMERGENCY SERVICES.
911 SERVICE OVERSIGHT (190.411, 190.415, & 190.445)
THIS ACT RENAMES THE "ADVISORY COMMITTEE FOR 911 SERVICE OVERSIGHT" TO THE "911 SERVICE OVERSIGHT BOARD" AND MOVES PROVISIONS RELATING TO THE BOARD TO CHAPTER 190 FROM CHAPTER 650.
SEVERAL MEMBERS WHO CURRENTLY SERVE ON THE ADVISORY COMMITTEE ARE REMOVED. DEFINITIONS ASSOCIATED WITH THE COMMITTEE ARE REPEALED.
COMPETENCY OF LICENSED DRIVERS (302.291)
THIS ACT ADDS LICENSED EMERGENCY MEDICAL TECHNICIANS TO THE LIST OF PEOPLE WHO CAN REPORT TO THE DIRECTOR OF REVENUE THAT A PERSON IS NOT COMPETENT OR QUALIFIED TO BE A LICENSED DRIVER OR THAT A PERSON HAS A DISORDER OR CONDITION THAT MAY INHIBIT HIS OR HER ABILITY TO DRIVE.
MISSOURI YELLOW DOT PROGRAM (302.800)
THIS ACT ESTABLISHES A "MISSOURI YELLOW DOT PROGRAM" IN THE DEPARTMENT OF REVENUE.
PARTICIPANTS IN THE PROGRAM PLACE A YELLOW DOT ON THE REAR WINDOW OF THEIR VEHICLES. THEY KEEP A HEALTH INFORMATION CARD IN THEIR GLOVE COMPARTMENT THAT CONTAINS HEALTH INFORMATION.
THE DEPARTMENT OF REVENUE MUST DEVELOP, IMPLEMENT, AND ADVERTISE THE PROGRAM, AND IS GIVEN RULEMAKING AUTHORITY UNDER THIS ACT.
THE PROGRAM WILL AUTOMATICALLY EXPIRE ON AUGUST 28, 2018.
FIREWORKS CLASSIFICATIONS (320.106, 320.131, 320.136
THIS ACT UPDATES REFERENCES TO FIREWORKS CLASSIFICATIONS IN THE CODE OF FEDERAL REGULATIONS AND REMOVES REFERENCES TO AMERICAN PYROTECHNICS ASSOCIATION STANDARDS.
THESE PROVISION HAVE AN EMERGENCY CLAUSE AND ARE IDENTICAL TO SB 838 (2012).
FIRE EDUCATION FUND (320.202)
THIS ACT PROVIDES THAT FEES COLLECTED BY THE STATE FIRE MARSHAL BE DEPOSITED IN THE "FIRE EDUCATION FUND" RATHER THAN IN THE GENERAL REVENUE.
FIRE PROTECTION DISTRICT DIRECTORS (321.015, 321.130, & 321.162)
UNDER CURRENT LAW, A PERSON WHO IS A PAID EMPLOYEE OR OFFICER OF THE STATE OR ONE OF ITS POLITICAL SUBDIVISIONS MAY NOT BE A FIRE PROTECTION DISTRICT DIRECTOR UNLESS THE FIRE PROTECTION DISTRICT IS LOCATED IN CERTAIN SPECIFIED COUNTIES. THIS ACT ADDS BOONE COUNTY AND CERTAIN FIRST CLASS COUNTIES TO THE LIST OF COUNTIES.
THIS ACT ALSO PROVIDES THAT DIRECTORS FOUND GUILTY OF FELONIES MUST FORFEIT THEIR OFFICE. IN ADDITION, NO PERSON MAY APPEAR ON THE BALLOT AS A CANDIDATE FOR DISTRICT DIRECTOR NOR MAY SUCH PERSON SERVE AS DIRECTOR WHO IS IN ARREARS FOR UNPAID COUNTY TAXES.
CURRENT LAW REQUIRES ELECTED FIRE PROTECTION DISTRICT DIRECTORS TO ATTEND CERTAIN TRAINING PROGRAMS. THIS ACT PROVIDES THAT ELECTED AND APPOINTED DIRECTORS MUST ATTEND THE TRAINING.
FIRE PROTECTION DISTRICT REGULATION OF NEW CONSTRUCTION (321.228)
THIS ACT 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 OF CERTAIN DWELLINGS. THEY MAY NOT COLLECT A FEE FOR SUCH SERVICES. 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 DISTRICT CONSOLIDATION (321.460)
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.
FIRE PROTECTION DISTRICT RECALL (321.711)
UNDER CURRENT LAW, A PETITION TO RECALL A MEMBER OF A FIRE PROTECT DISTRICT BOARD MUST CONTAIN SIGNATURES FROM AT LEAST 25 PERCENT OF THE VOTERS WHO VOTED IN THE MOST RECENT GUBERNATORIAL ELECTION IN THE DISTRICT. THIS ACT REDUCES THE NUMBER OF SIGNATURES REQUIRED FOR SUCH A PETITION TO 20 PERCENT.
BLOOD WITHDRAWAL FOR ALCOHOL-RELATED CRIMES (577.029)
UNDER CURRENT LAW, TRAINED MEDICAL TECHNICIANS MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING ITS ALCOHOL CONTENT AT THE DIRECTION OF A LAW ENFORCEMENT OFFICER.
THIS ACT PROVIDES THAT THOSE TECHNICIANS BE TRAINED "IN HOSPITAL" MEDICAL TECHNICIANS.
ANEMOMETER TOWERS (SECTION 1)
THE ACT 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 TOP THIRD OF ANY SUCH TOWER MUST BE STRIPED ORANGE AND WHITE, EACH OUTSIDE GUY WIRE MUST HAVE 2 ATTACHED MARKER BALLS, THE VEGETATION AROUND GUY WIRE ANCHOR POINTS MUST CONTRAST WITH SURROUNDING VEGETATION, AND GUY WIRES MUST HAVE SAFETY SLEEVES.
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 ONE YEAR TO COMPLY WITH THE ACT'S REQUIREMENTS.
A VIOLATION OF THE ACT IS A CLASS C MISDEMEANOR.
THIS PROVISION IS CONTAINED IN SB 769 (2012).
WIRELESS SERVICE PROVIDER ENHANCED 911 ADVISORY BOARD
THIS ACT REPEALS PROVISIONS RELATING TO THE "WIRELESS SERVICE PROVIDER ENHANCED 911 ADVISORY BOARD". THE BOARD WAS TASKED WITH ASSISTING WITH THE IMPLEMENTATION OF A FEDERAL ORDER REGARDING 911 SERVICE AND WIRELESS PHONES.
STATUTORY AUTHORITY FOR A FUND CREATED TO SUPPORT THE IMPLEMENTATION EFFORTS IS ALSO REPEALED UNDER THIS ACT AS IS A 50 CENT FEE IMPOSED ON EACH WIRELESS TELEPHONE NUMBER.
THIS AMENDMENT IS SIMILAR TO HB 1458 (2012).
HA 8 - THIS AMENDMENT PROVIDES THAT THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE STATE OF MISSOURI SHALL BE INTERPRETED, CONSTRUED, APPLIED, AND ENFORCED TO FULLY PROTECT THE RIGHTS OF AN ALTERNATIVES-TO-ABORTION AGENCY AND ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS TO FREELY ASSEMBLE AND TO FREELY ENGAGE IN RELIGIOUS PRACTICES AND SPEECH WITHOUT GOVERNMENTAL INTERFERENCE.
A POLITICAL SUBDIVISION OF THIS STATE IS PREEMPTED FROM ENACTING, ADOPTING, MAINTAINING, OR ENFORCING ANY ORDER OR OTHER SIMILAR MEASURE THAT PROHIBITS, RESTRICTS, LIMITS, CONTROLS, DIRECTS, INTERFERES WITH, OR OTHERWISE ADVERSELY AFFECTS AN ALTERNATIVES-TO-ABORTION AGENCY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR VOLUNTEERS' ASSEMBLY, RELIGIOUS PRACTICES, OR SPEECH, INCLUDING BUT NOT LIMITED TO COUNSELING, REFERRALS, OR EDUCATION OF, ADVERTISING OR INFORMATION TO, OR OTHER COMMUNICATIONS WITH, CLIENTS, PATIENTS, OTHER PERSONS, OR THE PUBLIC.
NOTHING IN THIS AMENDMENT SHALL PRECLUDE OR PREEMPT A POLITICAL SUBDIVISION OF THIS STATE FROM EXERCISING ITS LAWFUL AUTHORITY TO REGULATE ZONING OR LAND USE OR TO ENFORCE A BUILDING OR FIRE CODE REGULATION, PROVIDED THAT SUCH POLITICAL SUBDIVISION TREATS AN ALTERNATIVES-TO-ABORTION AGENCY IN THE SAME MANNER AS A SIMILARLY SITUATED AGENCY AND THAT SUCH AUTHORITY IS NOT USED TO CIRCUMVENT THE INTENT OF THIS SECTION.
ALTERNATIVES-TO-ABORTION AGENCIES UNDER THIS AMENDMENT INCLUDE MATERNITY HOMES AND PREGNANCY RESOURCE CENTERS AS DEFINED UNDER CURRENT LAW OR AN AGENCY OR ENTITY THAT HAS THE PRIMARY PURPOSE OF PROVIDING SERVICES OR COUNSELING TO PREGNANT WOMEN TO ASSIST SUCH WOMEN IN CARRYING THEIR UNBORN CHILDREN TO TERM INSTEAD OF HAVING ABORTIONS, AND TO ASSIST SUCH WOMEN IN CARING FOR THEIR DEPENDENT CHILDREN OR PLACING THEIR CHILDREN FOR ADOPTION.
A COURT MAY ORDER INJUNCTIVE RELIEF, RECOVERY OF DAMAGES, OR BOTH, AS WELL AS PAYMENT OF REASONABLE ATTORNEY'S FEES, COSTS, AND EXPENSES OR ANY OTHER REMEDIES PERMITTED BY LAW.
THIS AMENDMENT IS IDENTICAL TO HB 1357 (2012) AND SB 745 (2012).
HA 9, AS AMENDED - THIS AMENDMENT ADDS SALES TAXES LEVIED BY THE JACKSON COUNTY TRANSIT AUTHORITY FOR THE OPERATION OF TRANSPORTATION FACILITIES TO THE LIST OF TAXES THAT MAY NOT BE DEPOSITED INTO A SPECIAL ALLOCATION FUND FOR THE PURPOSES OF TAX INCREMENT FINANCING.
THIS PROVISION IS SIMILAR TO A PROVISION OF SS#2/SCS/HCS/HB 1623 (2012) AND A PROVISION OF HCS/SB 668 (2012).
THIS AMENDMENT SPECIFIES THAT THE EXEMPTIONS FROM ASSESSMENT AND PAYMENT OF ONE-HALF OF THE TAXES IMPOSED ON IMPROVEMENTS TO REAL PROPERTY IN ENTERPRISE ZONES OR IN ENHANCED ENTERPRISE ZONES ONLY APPLY IF THE POLITICAL SUBDIVISION OR MUNICIPALITY LEVIES AD VALOREM TAXES.
THIS PROVISION IS SIMILAR TO A PROVISION OF SS/SCS/HB 1170 (2012).
HA 10 - CURRENTLY, THE DEPARTMENT OF ECONOMIC DEVELOPMENT IS NOT AUTHORIZED TO APPROVE QUALIFIED EQUITY INVESTMENTS FOR THE MISSOURI NEW MARKETS DEVELOPMENT PROGRAM AFTER FISCAL YEAR 2010 UNLESS THE GENERAL ASSEMBLY REAUTHORIZES THE PROGRAM BY CONCURRENT RESOLUTION OR GENERAL LAW. THIS AMENDMENT RESTORES THE DEPARTMENT OF ECONOMIC DEVELOPMENT'S AUTHORITY TO APPROVE QUALIFIED EQUITY INVESTMENTS FOR THE MISSOURI NEW MARKETS DEVELOPMENT PROGRAM UNTIL AFTER FISCAL YEAR 2015 AND EXTENDS THE SUNSET ON THE PROGRAM FROM SEPTEMBER 4, 2013 TO SEPTEMBER 4, 2018.
HA 11, AS AMENDED - THIS AMENDMENT MAKES ANY PROVISION OF A STATUTE THAT REQUIRES OR ALLOWS A TAX CREDIT TO BE EXTENDED OR REAUTHORIZED BY CONCURRENT RESOLUTION NULL AND VOID. THE REMAINING PROVISIONS OF THAT STATUTE WILL STILL BE IN EFFECT.
THIS AMENDMENT ALSO MODIFIES THE STATE SEX OFFENDER REGISTRY.
HA 12 - THIS AMENDMENT ALLOWS THE BOARD OF ALDERMEN OF THE CITY OF SUGAR CREEK TO PROVIDE BY ORDINANCE THAT THE CITY MARSHAL OR CHIEF OF POLICE IS APPOINTED RATHER THAN ELECTED. UNDER CURRENT LAW, THE POSITION IS ELECTED.
THIS AMENDMENT IS SIMILAR TO HCS/SCS/SB 692 (2012).
HA 13 - THIS AMENDMENT ADDS CHARGES FOR RV SITES, CAMPSITES, LODGES, BED AND BREAKFASTS, CABINS, RV PARKS, AND CAMPGROUNDS TO THE LIST OF PLACES TRANSIENT GUESTS MUST PAY TAXES IN CARTER COUNTY.
CURRENTLY, THE TAX CAN BE IMPOSED ON CHARGES FOR ALL SLEEPING ROOMS, HOTELS, AND MOTELS.
IN ADDITION, THIS ACT SPECIFIES THAT THE TAX CANNOT BE LESS THAN 2% PER OCCUPIED ROOM OR SITE PER NIGHT.
ALL OF THE REVENUE GENERATED FROM THE TAX MUST BE USED TO FUND THE PROMOTION, OPERATION, AND DEVELOPMENT OF TOURISM. UNDER CURRENT LAW, HALF OF THE REVENUE FROM THE TAX IS USED TO FUND COUNTY LAW ENFORCEMENT AND THE OTHER HALF GOES TO THE
PROMOTION OF TOURISM.
THIS PROVISION IS SIMILAR TO A PROVISION OF HCS/SCS/SB 692 (2012), HB 1552 (2012), AND SS/SCS/HB 1170 (2012).
HA 14 -THIS ACT ALLOWS CONTRACTORS WHO ENGAGE IN THE INSTALLATION OF FIRE SPRINKLER SYSTEMS OR SERVICE FIRE SPRINKLER SYSTEMS TO APPLY FOR A CERTIFICATE OF REGISTRATION. THE REGISTRATION STATUTES AND RULES HAVE UNIFORM EFFECT THROUGHOUT THE STATE. MUNICIPALITIES, COUNTIES, AND OTHER LOCAL GOVERNMENTAL BODIES ARE AUTHORIZED TO ENACT OR ENFORCE THEIR OWN REGISTRATION OR LICENSING REQUIREMENTS.
THE STATE FIRE MARSHAL IS GIVEN AUTHORITY TO PROMULGATE RULES. SUCH RULES SHALL CONCERN THE PROCEDURE FOR FILING AN APPLICATION, APPLICABLE FEES, AND PROCEDURES FOR RECIPROCITY WITH OTHER STATES.
A CONTRACTOR THAT APPLIES WITH THE STATE FIRE MARSHAL FOR A CERTIFICATE OF REGISTRATION MUST PAY AN APPLICATION FEE. THE FEES WILL BE DEPOSITED IN THE FIRE SPRINKLER CONTRACTOR REGISTRATION FUND. THE ACT ALSO SETS OUT THE REQUIREMENTS THAT A CONTRACTOR MUST MEET TO OBTAIN A CERTIFICATE OF REGISTRATION.
CERTIFICATES OF REGISTRATION ARE VALID FOR TWO YEARS AND ARE NOT TRANSFERABLE. A FEE SHALL BE CHARGED FOR DUPLICATE CERTIFICATES OR CHANGES TO A CERTIFICATE. A CONTRACTOR HOLDING ITSELF OUT AS A CERTIFIED FIRE SPRINKLER CONTRACTOR MUST DISPLAY ITS CERTIFICATE IN A CONSPICUOUS PLACE IN THE CONTRACTOR'S BUSINESS. THE STATE FIRE MARSHAL IS OBLIGATED TO SEND OUT WRITTEN NOTICE AT LEAST THIRTY DAYS PRIOR TO A CERTIFICATE EXPIRING.
THE STATE FIRE MARSHAL SHALL NOT ISSUE A CERTIFICATE OF REGISTRATION UNLESS THE APPLICANT FILES EVIDENCE OF GENERAL LIABILITY INSURANCE OF NOT LESS THAN ONE MILLION DOLLARS PER YEAR FOR ALL OCCURRENCES.
THE STATE FIRE MARSHAL IS AUTHORIZED TO FILE A DISCIPLINARY COMPLAINT AGAINST CERTIFIED CONTRACTORS FOR SPECIFIC VIOLATIONS. AFTER THE ADMINISTRATIVE HEARING COMMISSION FINDS THAT GROUNDS FOR DISCIPLINE ARE MET, THE STATE FIRE MARSHAL MAY PLACE THE CONTRACTOR ON PROBATION, OR SUSPEND OR REVOKE THE CONTRACTOR'S CERTIFICATION.
THE STATE FIRE MARSHAL IS AUTHORIZED TO SEEK AN INJUNCTION AGAINST PERSONS OR ORGANIZATION HOLDING THEMSELVES OUT AS BEING CERTIFIED WHEN THEY DO NOT HOLD A CERTIFICATE OF REGISTRATION.
THIS ACT IS SIMILAR TO SCS/SB 860 (2012), HB 1904 (2012), SB 397 (2011), SB 927 (2010) AND HB 2132(2010).
HA 15-THIS AMENDMENT REMOVES THE SECTION OF THE BILL THAT ADDED RESIDENTIAL AND COMMERCIAL ALARM AND SECURITY ENTITIES TO THE LIST OF VOCATIONS AND BUSINESSES THAT THIRD-CLASS CITIES MAY LEVY A LICENSE TAX ON.
HA 17 - THE AMENDMENT REQUIRES THE DEPARTMENT OF AGRICULTURE TO DEVELOP AND MAINTAIN A WEBSITE TO FACILITATE THE PURCHASE OF MISSOURI AGRICULTURAL PRODUCTS BY INTERNATIONAL BUYERS. THE DEPARTMENT IS AUTHORIZED TO CONTRACT THIS FUNCTION OUT TO A PRIVATE WEBSITE DEVELOPER, WHO MUST HAVE EXPERIENCE WITH SEARCH ENGINE OPTIMIZATION. REQUIREMENTS FOR THE WEBSITE AND SELLERS ARE PROVIDED IN THE ACT. THE DEPARTMENT MAY TERMINATE A CONTRACT FOR FAILURE BY THE CONTRACTOR TO OPERATE UNDER GUIDELINES FOR THE PROJECT DEVELOPED BY THE DEPARTMENT.
THIS AMENDMENT IS SIMILAR TO A PROVISION OF HCS/HB 1254 (2012) AND HB 1793 (2012).
HA 18 - THIS AMENDMENT 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. THE CITY WILL DESIGNATE BY ORDER OR ORDINANCE WHETHER THE BOARD HAS FIVE OR NINE MEMBERS. IF THE CITY DESIGNATES A NINE MEMBER BOARD, THE AREA SCHOOL DISTRICTS AND THE COUNTY WILL EACH APPOINT ONE NEW MEMBER TO THE BOARD, AND THE CITY WILL APPOINT TWO NEW MEMBERS TO THE BOARD. THE ACT ALSO SPECIFIES HOW THE BOARD MEMBERS TERMS ARE STAGGERED.
THIS PROVISION IS SIMILAR TO A PROVISION OF HB 1455 (2012) AND IDENTICAL TO A PROVISION OF SCS/HCS/HB 1623 (2012) AND SB 845 (2012).