HCS/SB 114 - This act modifies provisions relating to political subdivisions.VACANCIES IN THE OFFICE OF COUNTY COMMISSIONER (SECTION 49.060)
Currently, when there is a vacancy in the office of county commissioner, the Governor is required to fill such vacancy with a person who resides in the district at the time of vacancy. This act changes that process so that when there is less than one year remaining in the term, the vacancy shall be filled by appointment by the Governor but if there is one year or more remaining in the term, the Governor shall appoint an eligible person with the advice and consent of the Senate.
These procedures do not apply to charter counties.
This provision is identical to SB 701 (2016) and SCS/SB 289 (2015) and similar to HB 234 (2017) and a provision in HCS/HB 1632 (2016).
COUNTY BUDGETS (SECTION 50.622)
Under current law, a provision allowing counties to decrease their annual budgets expired on July 1, 2016. This act extends the expiration date to July 1, 2027.
This provision is identical to provisions in the truly agreed to CCS/HCS/SB 95 (2017), the truly agreed to CCS/HCS/SCS/SB 112 (2017), SCS/HB 200 (2017), and SCS/HB 843 (2017).
ELECTRONIC COMMUNICATION BETWEEN PUBLIC BODIES (SECTION 50.740)
This act permits county clerks of counties of the third and fourth classification to send the counties' estimated budgets to the State Auditor by email or other electronic system, and permits the State Auditor to send a receipt by the same method. The act also permits county clerks and the State Auditor to correspond electronically for the purpose of complying with a provision relating to estimated budgets.
This provision is identical to provisions in the truly agreed to CCS/HCS/SCS/SB 112 (2017), SCS/HB 843 (2017), and HB 849 (2017).
STATUTORY COUNTY RECORDERS FUND (Section 50.1190)
This act authorizes a county recorder to collect an additional one dollar on the recording of certain instruments, which shall be deposited in the statutory county recorders fund.
This provision has a delayed effective date of January 1, 2018.
This provision is identical to a provision in HCS/SS/SB 62 (2017) and HCS/SS/SB 124 (2017).
CERF (SECTIONS 52.290, 137.280, 137.345, 140.100)
A fee collected on delinquent and back taxes of which three-sevenths is paid to CERF is changed from seven percent of all sums collected to nine percent. Of the nine percent collected two-ninths is paid to the county general fund, two-ninths is paid to the county's tax maintenance fund, and five-ninths is paid to CERF.
Penalty fees for a taxpayer failing to return personal property assessment lists to the county assessor are increased by five dollars. By December 31st of each year, the assessor must submit to CERF the log of property lists not returned for the current and previous calendar years and the dollar amount associated with the penalties waived by the assessor. CERF shall provide an analysis of expected revenue from assessed penalties compared to the actual revenue from such penalties to the Joint Committee on Public Employee Retirement.
Under the act, the collector and county clerk shall each receive five dollars for recording delinquent land lists and such fee shall go to CERF.
These provisions shall go into effect January 1, 2018, and are identical to provisions in HCS/SB 124 (2017) and similar to SCS/SB 295 (2017), provisions in the truly agreed to CCS/HCS/SS/SB 62 (2017), SCS/HCS/HB 831 (2017), HCS/HB 1151 (2017), and SCS/SB 295 (2017).
PROPERTY CLASSIFICATION (SECTIONS 64.002, 65.702, and 89.020)
The act requires that, for purposes of property zoning
classifications, sawmills must be classified as agricultural
property.
These provisions are identical to HCS/SB 134 (2017), HCS/SB 299 (2017), and the perfected version of HB 719 (2017).
REGULATION OF DOGS (Section 67.142)
This act provides that the General Assembly shall be the sole body to retain authority to regulate specific breeds of dogs, and voids any existing or future regulation enacted by a village, town, or city. However, villages, towns, political subdivisions, and cities shall retain the authority to otherwise provide for the regulation of dogs without reference to a specific breed.
This provision is identical to a provision in HCS/SB 299 (2017) and substantially similar to HB 905 (2017), HCS/SB 146 (2017), and HCS/SB 134 (2017), and HB 1811 (2016).
PREEMPTION OF LOCAL ORDINANCES (SECTION 67.405)
The act prohibits any ordinance or law enacted by a political subdivision from penalizing a resident, tenant, or landlord for requesting police or emergency assistance if made by or on behalf of a victim of abuse or a victim of a crime under certain circumstances described in the act.
This provision is identical to a provision in HCS/SB 134 (2017).
PUBLIC SAFETY SALES TAX (Sections 94.900, 94.902, 94.903, 321.242, 321.246)
This act adds certain cities to the list of cities currently authorized to impose, upon voter approval, a sales tax of up to 0.5% for public safety purposes. The additional cities include Charleston and Macon, as well as 4th class cities with a population between the ranges of 4,500 and 5,000, 7,000 and 8,000 and 13,500 and 16,000. For the cities of Charleston and Macon, the sales tax proposal will expire ten years after voter approval unless re-approved by the voters. If the proposal initially fails, then the authorization for the tax is repealed. For 4th class cities with a population between 9,500 and 10,800, the sales tax proposal will remain in effect until December 31, 2038. If the proposal is initially defeated, then such city cannot resubmit the proposal to the voters for at least twelve months. For such 4th class cities, the act authorizes a similar public safety sales tax, upon voter approval, but provides that a sales tax approved under this provision must be resubmitted to the voters every 25 years. Finally, the act authorizes certain fire protection districts in Mississippi and Ripley counties to impose, upon voter approval, a sales tax not to exceed 0.5% for the purpose of providing revenue for the operation of the district.
These provisions are identical to provisions in HCS/SB 282 (2017), substantially similar to provisions in HCS/SB 124 (2017) and HCS/SB 134 (2017), and similar to provisions in the truly agreed to CCS#2/HCS/SCS/SB 112, HCS/HB 48 (2017), and a provision in HCS/HB 495 (2017).
VACANCIES IN ELECTED OFFICES (SECTION 105.030)
Temporary appointment by county commission for county offices
Under current law, whenever any vacancy occurs in any office filled by election, other than the offices of Lieutenant Governor, state senator, state representative, sheriff, or St. Louis City Recorder of Deeds, the Governor is responsible for appointing a successor until the next general election. This act adds a new provision permitting the county commission to appoint a person to the vacated office within 14 days of the vacancy. In the event that the county commission consists of two members who cannot come to an agreement on an appointee, the acting presiding commissioner shall fill the vacancy. Such appointees shall continue in office until the Governor appoints a person to serve out the remainder of the term.
This provision does not apply to charter counties or to the offices of any associate circuit judge, circuit clerk, prosecuting attorney, or circuit attorney.
This provision is identical to a provision in SCS/HB 54 (2017) and substantially similar to SB 75 (2017), SCS/HB 1675 (2016) and SB 872 (2016).
Timing for persons elected to fill a vacancy to take office
Under current law, whenever there is a special election to fill a vacancy in a state or county elected office, the person elected will take office on the first Monday in January following the election, except if the term for the office to be filled begins on a date other than the first Monday in January, in which case the appointed person will stay in office until such other date. This act removes the exception such that a person elected at a special election to fill a vacancy in any state or county elected office shall always take office on the first Monday in January following the election.
This provision does not apply to charter counties or to the offices of any associate circuit judge, circuit clerk, prosecuting attorney, or circuit attorney.
This provision is identical to a provision in SCS/HB 54 (2017).
CONSOLIDATED LIBRARY DISTRICTS (SECTIONS 182.640 AND 182.660)
This act adds trustees, as outlined in the act, to the boards of existing consolidated public library districts enlarged by: incorporating into it any county public library district; or incorporating into it any city, municipal, school, or other public library district which does not include an entire county, but includes territory outside of the consolidated district's existing boundaries.
This act also adds one trustee to the board of a consolidated public library district where a city or municipality is petitioning to be part of that consolidated library district and that municipality is partially located in a county that does not participate in the consolidated library district. The new trustee is appointed by the non-participating county.
Once the petitioning district is admitted, transfers its property, and an additional trustee is appointed by the county, the petitioning library district and its board of trustees will cease to exist.
These provisions are substantially similar to provisions in the truly agreed to CCS/HCS/SCS/SB 112 (2017) and HCS/SB 134 (2017) and similar to HB 568 (2017), HB 1914 (2016), and HB 875 (2015).
PUBLIC ADMINISTRATORS (SECTIONS 473.730 AND 473.743)
This act provides that candidates for the office of public administrator must provide to the election authority a copy of a signed affidavit from one surety company indicating that the candidate meets the bonding requirements. After being elected to office, a public administrator shall enter into bond to the state in a sum not less than ten thousand dollars with one or more securities, rather than two or more securities.
These provisions are identical to provisions in the truly agreed to CCS/HCS/SB 111 (2017), the truly agreed to CCS/HCS/SCS/SB 112 (2017), and SCS/SB 698 (2016), and similar to SB 495 (2015).
The act also modifies the duties of a public administrator. A public administrator can exercise his or her duties as specified in statute upon the appointment by the probate court. Additionally, a public administrator no longer has the duty to take charge of all minors in certain situations, minors under the age fourteen who have no legal guardian, or has charge and custody of the estate of a deceased person when moneys are delivered from the county coroner. The act repeals provisions stating that the public administrator is the ex officio public conservator and has charge of all estates of minors pursuant to court order.
These provisions are substantially similar to provisions in the truly agreed to CCS/HCS/SB 111 (2017), the truly agreed to CCS/HCS/SCS/SB 112 (2017), and HCS/HB 921 (2017).
GUARDIANS (SECTION 475.120)
Finally, the act states that a guardian may execute a preneed contract for a ward's funeral services. If a next-of-kin does not exercise his or her right of sepulcher within ten days of the ward's death, then the guardian may consent for the disposition of the body.
These provisions are substantially similar to a provision in the truly agreed to CCS/HCS/SB 111 (2017), the truly agreed to CCS/HCS/SCS/SB 112 (2017), and HB 897 (2017).
SCOTT SVAGERA