SB 222
Modifies provisions relating to political subdivisions
Sponsor:
LR Number:
1229H.03C
Committee:
Last Action:
5/12/2023 - In Conference
Journal Page:
Title:
HCS SS SB 222
Effective Date:
August 28, 2023
House Handler:

Current Bill Summary

CCS/HCS/SS/SB 222 - This act modifies provisions relating to political subdivisions.

INVESTIGATIONS BY THE STATE AUDITOR (SECTIONS 29.005, 29.225, 29.235 & 610.021)

This act modifies provisions relating to the State Auditor. The act allows the State Auditor, or his or her authorized representatives, to audit all or part of any political subdivision or other governmental entity if, after an investigation of the political subdivision or governmental entity, or its officers or employees, the State Auditor has made a finding that the report is a credible report of improper governmental activity. An audit may also be conducted by the State Auditor when requested by a prosecuting attorney, circuit attorney, or law enforcement agency as part of an investigation of an improper governmental activity. All audits initiated under this act shall be paid for out of the State Auditor's budget. Records relating to reports of allegations of improper governmental activities are permitted to be closed under the Sunshine Law.

Insofar as necessary to conduct an investigation, the act allows the State Auditor or the State Auditor's authorized representatives to have the power to subpoena witnesses, to take testimony under oath, to cause the deposition of witnesses residing within or without the state to be taken in a manner prescribed by law, and to assemble records and documents, by subpoena or otherwise. The subpoena power shall be exercised only at the specific written direction of the State Auditor or the State Auditor's chief deputy. Testimony and records obtained through the authority to subpoena under this act shall be subject to the same confidentiality and disclosure provisions as provided for audit workpapers and related supportive material.

These provisions shall expire on August 28, 2026.

These provisions are similar to SB 645 (2023) and HB 1175 (2023).

STATE AUDITOR (SECTIONS 52.150 & 374.250)

Under current law, any person appointed to fill a vacancy in the office of county collector shall within five days after assuming the duties of the office notify the State Auditor of the need for an audit of the office. The State Auditor shall within twenty days of receipt of the notice commence such an audit. This act only requires an audit of a county collector's office if the county governing body passes an order or resolution requesting the audit within thirty days of the appointment of the new collector.

Current law requires the State Auditor to audit, adjust and settle all receipts and disbursements in the Insurance Dedicated Fund and the Insurance Examiners' Fund, and certain taxes certified or collected on foreign and domestic insurance premiums, surplus line premiums, and county taxes on the property owned by insurance companies in the state. This act repeals the requirement with respect to the taxes certified and collected and additionally requires the results with respect to the Insurance Dedicated Fund and the Insurance Examiners' Fund to be reported as part of the annual audit of the state's financial statements.

These provisions are similar to SB 645 (2023) and HB 1175 (2023).

PROTECTING MISSOURI'S SMALL BUSINESS ACT (SECTION 44.251)

This act establishes the "Protecting Missouri's Small Businesses Act" which provides that any political subdivision that implements any shutdown order and the business closes solely due to such shutdown order for at least 21 consecutive days or 45 cumulative days shall waive the fee for a business license during the period of the shutdown order and reduce the real and personal property tax liability of the business as provided in the act. This act is not an exemption of property from taxation and any action taken by a political subdivision that results in a refund or revenues lost shall be construed as an exercise of the political subdivision's authority to levy and collect local tax revenues.

This provision is identical to HCS/HB 1263 (2023).

POWERS OF LIBRARY BOARDS (SECTIONS 64.570, 64.820, 65.665, 89.380 & 182.819)

This act prohibits library boards from overruling the recommendations of a county planning commission or a township planning commission relating to county or township improvement plans. The act specifies that any real property owned by a library board shall not be used for any purpose that violates any zoning ordinances or regulations adopted by the county, city, town, village, or township in which the real property is located. Library boards shall be subject to such zoning ordinances or regulations without regard to any powers of the board. Library boards shall not have the power to overrule any decision relating to zoning adopted under current laws relating to county planning, township organization, and political subdivisions.

These provisions are identical to provisions in HCS/HB 986 (2023).

MORATORIUM ON EVICTION PROCEEDINGS (SECTION 67.137)

This act provides that no county, municipality, or political subdivision shall impose or otherwise enforce a moratorium on eviction proceedings unless specifically authorized by law.

This provision is substantially similar to a provision in HB 730 (2023), in HCS/HB 1682 (2022), in HCS/HB 2218 (2022), and in SCS/HB 2593 (2022), and is similar to a provision in SB 239 (2023), in SB 1044 (2022), in SS/HCS/HB 1662 (2022), and in HB 2360 (2022).

TELECOMMUNICATOR FIRST RESPONDERS (SECTIONS 67.145, 70.631, 170.310, 190.091, 650.320, 650.330 & 650.340)

This act adds "telecommunicator first responder" to the definition of "first responder" in various provisions of law. Additionally, this act provides that the Department of Health and Senior Services shall offer a vaccination program to certain Missouri State Highway Patrol telecommunicators who may be exposed to infectious diseases.

These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), in the truly agreed to and finally passed HCS/SB 24 (2023), in HCS/SS/SCS/SB 72 (2023), in HCS/SS/SCS/SBs 119 & 120 (2023), in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), in the truly agreed to and finally passed SS/SCS/SB 189, 36 & 37 (2023), in SS/SCS/HCS/HB 301 (2023), in SCS/HCS/HB 640 & 729 (2023), and in SCS/HS/HCS/HBs 1108 & 1181 & HCS/HB 1133 (2023) and are substantially similar to provisions in SCS/SB 46 (2023), HB 1676 (2022), HB 1637 (2022), HCS/HB 2381 (2022), and SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022).

EMERGENCY MEDICAL SERVICES (SECTIONS 67.145, 190.100, 190.103, 190.142, 190.147, 192.2405, 208.1032, 285.040, 321.225, 321.620 & 537.037)

This act repeals references to ambulance attendants, drivers, emergency medical technician paramedics, mobile emergency medical technicians, emergency medical technician basic, and EMT intermediate and adds references to paramedics in various statutes relating to emergency medical services.

These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS/SB 24 (2023), in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), in SS/SCS/HCS/HB 301 (2023), in the truly agreed to and finally passed SS/HB 402 (2023), SB 625 (2023), in SCS/HCS/HB 1015 (2023), and are substantially similar to provisions in HCS/SS/SCS/SBs 119 & 120 (2023) and SB 449 (2023).

LOCAL GOVERNING BODIES TO ADOPT A MEETING SPEAKER POLICY (SECTION 67.2727)

Before July 1, 2024, each governing body of a political subdivision shall adopt a meeting speaker policy to ensure that the requirements provided for in the act are followed at each meeting of the governing body.

This provision is identical to a provision in HCS/SB 155 (2023) and HCS/HB 1295 (2023).

EXPIRATION DATE OF THE UNIFORM SMALL WIRELESS FACILITY DEPLOYMENT ACT (SECTION 67.5122)

The provisions of law establishing the Uniform Small Wireless Facility Deployment Act are set to expire on January 1, 2025. This act modifies the expiration date to January 1, 2029.

MAYORAL APPOINTMENTS IN FOURTH CLASS CITIES (SECTION 79.235)

This act provides that residency requirements for members of boards and commissions shall be satisfied by owning real property or a business in the city if a statute or ordinance authorizes the mayor of a city of the fourth classification with no more than 2000 inhabitants to appoint such members. For municipal utility boards, this act provides certain conditions that shall be met for the residency requirement.

This provision is identical to HB 516 (2023) and a provision in HCS/HB 1049 (2023).

RESIDENCY REQUIREMENTS FOR CITY OF ST. LOUIS LAW ENFORCEMENT OFFICERS (SECTION 84.344 & 285.040)

Under current law, law enforcement officers and public safety employees of St. Louis City hired after August 31, 2023, will be subject to a residency requirement. This act repeals those provisions.

These provisions are substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), in the truly agreed to and finally passed SS/SCS/SB 189, 36 & 37 (2023), in SCS/HCS/HBs 640 & 729 (2023), and in SCS/HS/HCS/HBs 1108 & 1181 & HCS/HB 1133 (2023).

THE COMPENSATION AND AGE LIMITATION FOR KANSAS CITY POLICE OFFICERS (SECTIONS 84.480 & 84.510)

This act repeals provisions relating to a mandatory salary range for the Kansas City chief of police and allows the Board of Police Commissioners to establish a range for the salary by resolution. Additionally, this act repeals provisions relating to a mandatory salary cap for Kansas City police officers as provided in the act.

These provisions are substantially similar to provisions in the perfected HCS/SS/SCS/SBs 119 & 120 (2023), in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), in the truly agreed to and finally passed SS/SCS/SB 189, 36 & 37 (2023), and in SCS/HCS/HBs 640 & 729 (2023).

THE APPLICATION OF FINES FOR FAILURE TO FILE COUNTY FINANCIAL STATEMENTS ON CERTAIN POLITICAL SUBDIVISIONS (SECTION 105.145)

Currently, political subdivisions that fail to file an annual financial statement shall be subject to a fine of $500 a day. This act excludes political subdivisions with less than 500 inhabitants from the fines and any fines previously assessed, but not paid in full, shall be deemed void.

SCHOOL BOARD VACANCIES (Sections 162.471 & 162.492)

Under current law, any vacancy in an urban school district is filled by appointment by the board for the remainder of the term, except for urban districts, which are filled by special election. This act repeals the special election and provides for vacancies on urban school district boards to be filled by appointment of the remaining members of the board.

These provisions are identical to HCS/SS#2/SCS/SBs 4, 42 & 89 (2023), in CCS/HS/HCS/SS#2/SCS/SB 96 (2023), in HCS/SB 155 (2023), in HCS/SS/SCS/SBs 411 & 230 (2023), in HCS/HB 497, in HB 716 (2023), and HB 914 (2023).

FISCAL YEAR OF CONSOLIDATED LIBRARY DISTRICTS (SECTION 182.645)

The act authorizes the board of trustees of a consolidated public library district to change the dates of the fiscal year.

This provision is identical to a provision in HCS/SB 155 (2023), SB 412 (2023), HB 437 (2023), and in HCS/HB 986 (2023).

EMERGENCY MEDICAL DISPATCHERS TRAINING (SECTIONS 190.100, 190.134, 650.320 & 650.340)

Under current law, emergency medical dispatchers shall complete an emergency medical dispatcher course that meets or exceeds the national curriculum of the U.S. Department of Transportation. This act modifies that training requirement and instead requires emergency medical dispatchers to complete training courses approved by the Missouri 911 Service Board. Additionally, the Service Board shall develop rules and regulations, in collaboration with the State EMS Medical Director's Advisory Committee, relating to the medical aspects of pre-arrival medical instructions. This act makes several technical changes to the emergency medical dispatcher statutes.

These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS/SB 24 (2023), in HCS/SS/SCS/SBs 119 & 120 (2023), in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), in SS/SCS/HCS/HB 301 (2023), in the truly agreed to and finally passed SS/HB 402 (2023), SB 449 (2023), and HB 1143 (2022), and are substantially similar to HB 2381 (2022).

EMERGENCY MEDICAL TECHNICIANS ACCREDITATION REQUIREMENTS (SECTION 190.142)

Currently, paramedic training programs used as part of an emergency medical technician license shall be accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or hold a CAAHEP letter of review. This act repeals this accreditation requirement and such programs shall instead be accredited as required by the National Registry of Emergency Medical Technicians.

This provision is identical to a provision in the truly agreed to and finally passed HCS/SS/SB 24 (2023), in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), in SS/SCS/HCS/HB 301 (2023), in the truly agreed to and finally passed SS/HB 402 (2023) and SB 534 (2023).

SALES TAX FOR EMERGENCY SERVICES (SECTION 190.327)

Currently, an emergency services board operating in Jefferson County shall not have a sales tax for emergency services or for providing central dispatching for emergency services greater than one-quarter of one percent. This act repeals this provision.

This provision is identical to a provision in the truly agreed to and finally passed HCS/SS/SB 24 (2023), in SCS/SB 46 (2023), in HCS/SS/SCS/SBs 119 & 120 (2023), the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023) and SB 608 (2023).

EMERGENCY TELEPHONE SERVICE CHARGES (SECTION 190.460)

Under current law, cities and counties which prohibited emergency telephone service charges may adopt such charges and notify the Department of Revenue by November 15, 2019, and the Department shall notify the Missouri 911 Service Board by December 1, 2019. This act repeals those dates and provides the Department shall notify the board within 60 days of receiving notice.

This provision is identical to a provision in the truly agreed to and finally passed HCS/SS/SB 24 (2023), in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and SS/SCS/HCS/HB 301 (2023).

THE ABOLITION OF AN ALTERNATIVE COUNTY HIGHWAY COMMISSION (SECTION 230.205)

Currently counties that have adopted an alternative form of county highway commission may only abolish it by a vote of the people. This act specifies that it may also be abolished by a vote of the county's governing body. If the alternative form of county highway commission is abolished, the act provides that the county shall adopt either the standard form of county highway commission, or a system of road districts and overseers as provided by law.

These provisions are identical to provisions in HB 1193 (2023), HCS/SS/SCS/SB 724 (2022), HB 1545 (2022), and HCS/HB 2220 (2022).

HOME INSPECTIONS (SECTION 436.337)

This act provides that no political subdivision shall require an owner of residential property to have a home inspection conducted prior to the sale of the property, unless such inspection requirement is for new construction or occupancy permits.

This provision is identical to HB 962 (2023), is substantially similar to a provision in HB 730 (2023), in HCS/HB 1682 (2022), in HCS/HB 2218 (2022), in SCS/HB 2593 (2022), and HB 2858 (2022), and is similar to HB 1145 (2023).

AGREEMENTS PROHIBITING THE OWNERSHIP OR PASTURING OF CHICKENS AND ROOSTERS (SECTION 442.404)

This act provides that no deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting ownership or pasturing of up to six chickens on a lot that is 2/10ths of an acre or larger.

A homeowner's association, as defined by law, may adopt reasonable rules, subject to applicable statutes or ordinances, regarding ownership or pasturing of chickens, including a prohibition or restriction on roosters.

This provision is similar to SS/SB 400 (2023).

VENUE IN GUARDIANSHIP AND CONSERVATORSHIP CASES (SECTION 475.040)

This act provides that a guardianship or conservatorship proceeding may be transferred to a court in another county if it appears to the court that at any time before the termination of a guardianship or conservatorship that the domicile, instead of the domicile or residence, of the ward or protectee has changed to another county.

This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in the truly agreed to and finally passed HCS/SCS/SB 103 (2023), in SB 365 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HB 1013 (2023).

POOLED ESTATE ACCOUNTS (SECTION 475.275)

Currently, the Public Administrator of Jackson County, when serving as a conservator, is required to have any pooled accounts audited at least once a year. The audit shall provide a review of the records of receipts and disbursements and each estate account. Upon completion of the audit, the accountant shall render a report to the judge showing receipts, disbursements, and account balances as to each estate and as well as the total assets on deposit in the pooled account on the last calendar day of each year.

This act repeals the provisions and instead provides that a public administrator of any county serving as a conservator or personal representative using pooled accounts for the management of estate funds shall have such accounts examined on an annual basis. The examination shall:

(1) Compare the pooled account's year-end bank statement and obtain the reconciliation of the pooled account from the bank statement to the fiduciary's general ledger balance on the same day;

(2) Reconcile the total of individual accounts in the fiduciary's records to the reconciled pooled account's balance and note any difference;

(3) Confirm if collateral is pledged to secure accounts on deposit in the pooled account in excess of FDIC coverage; and

(4) Confirm the account balance with the financial institution.

The public administrator shall certify by affidavit that the conditions of this act for establishing pooled accounts have been met.

This provision is identical to a provision in CCS/HCS/SS/SCS/SB 72 (2023), in the truly agreed to and finally passed HCS/SCS/SB 103 (2023), in SB 365 (2023), and in HB 1013 (2023).

PROPERTY WITH COLLECTIBLE JUDGMENTS FILINGS (SECTION 534.157)

This act provides that all transfers of title of real property for rental properties with outstanding collectible judgments shall be filed in the circuit court within 30 days after transfer.

This provision is identical to a provision in SB 146 (2021), in HB 1378 (2020), and in HB 174 (2019) and is substantially similar to a provision in HB 2579 (2018).

RECORDS IDENTIFYING INDIVIDUALS FOR A RECREATIONAL OR SOCIAL ACTIVITY SPONSORED BY CERTAIN LOCAL PUBLIC BODIES (SECTION 610.021)

The act authorizes the closure of records that would individually identify a person who registered for a recreational or social activity or event sponsored by a city, town, or village.

This provision is similar to a provision in SCS/SB 174 (2023).

CONVEYANCE OF CERTAIN STATE PROPERTY LOCATED IN IRON COUNTY, CHRISTIAN COUNTY, PIKE COUNTY, THE CITY OF ROLLA, THE CITY OF KIRKSVILLE, CITY OF ST. LOUIS & THE CITY OF JOPLIN (SECTIONS 1 TO 10)

This act authorizes the conveyance of state property located in Iron County, Christian County, Pike County, City of Rolla, City of Kirksville, City of St. Louis, and the City of Joplin.

This act contains provisions identical to SB 505 (2023), SB 537 (2023), SB 248 (2023), SB 612 (2023), and provisions in the truly agreed to and finally passed SCS/HCS/HBs 802, 807 & 886 (2023).

KATIE O'BRIEN