HB 1291
Modifies provisions relating to political subdivisions
Sponsor:
LR Number:
4497H.05T
Last Action:
7/5/2018 - Signed by Governor
Journal Page:
Title:
CCS SS SCS HB 1291
Calendar Position:
Effective Date:
August 28, 2018
House Handler:

Current Bill Summary

CCS/SS/SCS/HB 1291 - This act modifies several provisions relating to political subdivisions.

COUNTY ROAD AND BRIDGE TAXES

This act provides that ballot questions to abolish the township form of government in a county shall also provide for a countywide tax for road and bridge purposes. (Sections 65.610 and 65.620)

This provision is identical to SB 940 (2018) and to a provision contained in SCS/HB 1442 (2018) and SS/SCS/SB 592 (2018).

This act also corrects the description of St. Francois County in a provision of law relating to expenditures of the county's special road and bridge tax moneys. (Section 137.556)

This provision is identical to SB 650 (2018), and to a provision contained in SCS/HB 1442 (2018) and HCS#2/SS/SB 704, and is similar to SCS/HB 87 (2017), and to a provision contained in HCB 23 (2018), HCS/SB 332 (2017), and HCS/SB 146 (2017).

PUBLIC SAFETY SALES TAX

This act adds the cities of Centralia and Lebanon to the list of cities authorized to propose a sales tax for the purposes of improving public safety. Such sales tax, if approved by the voters, would be at a rate of 0.5%. (Section 94.900)

This provision is identical to SCS/SB 885 (2018) and to a provision contained in SCS/HB 1442 (2018) and SS/SCS/SB 592 (2018), and is substantially similar to HCS/HB 2186 (2018) and HB 2712 (2018), and to a provision contained in HCB 23 (2018).

COMMUNITY COLLEGE DISTRICTS

Under current law, in order for a school district to become attached to a community college district, a petition must be submitted to the school board of the school district signed either by voters of the district equal in number to ten percent of those voting in the last school election at which school board members were elected or by a majority of the voters of the district, at which point an election must be called. This act provides that a community college district may, by a majority vote of its board of trustees, propose a plan to the voters of the school district to attach the school district to the community college district, levy a tax rate equal to the rate applicable to the community college district at the time of the vote of the board of trustees, and call an election upon the question of such plan. The community college district shall be responsible for the costs associated with the election.

This provision is identical to a provision contained in SS/SCS/SB 592 (2018), and is substantially similar to SB 990 (2018), and to a provision contained in SCS/HB 1442 (2018), CCS/HCS/SCS/SBs 807 & 577 (2018), and SS/HB 1744 (2018).

COUNTY RECORDERS' FUNDS

This act creates a new process to occur when the annual average collected into the Statutory County Recorder's Fund is insufficient to meet its obligations. In such case, the fund is to be supplemented by another source or a new maximum county allocation is to be set, depending on whether the shortfall meets a certain threshold. (Section 59.800)

This provision is identical to HB 2243 (2018) and SB 756 (2018), and to a provision contained in SCS/HB 1442 (2018), HCS#2/SS/SB 704 (2018), and HCB 23 (2018), and is similar to SB 453 (2017) and HCS/HB 957 (2017).

FIREFIGHTER RETIREMENT SYSTEMS

This act allows the Firemen's Retirement System of the City of St. Louis to form cooperative agreements with other public retirement systems in the state in order to allow members to transfer creditable service between the retirement systems. (Section 87.135)

This provision is identical to a provision contained in SS/SCS/HB 1355 (2018), SCS/HB 2044 (2018), and SCS/SB 1021 (2018), and is substantially similar to SB 902 (2018).

KANSAS CITY EARNINGS TAX

This act modifies the city earnings tax in Kansas City by requiring such tax to be reauthorized every ten years rather than every five years. (Sections 92.105 to 92.115)

KANSAS CITY ZOO SALES TAX

This act places an expiration date of December 31, 2022, on any sales tax passed by a county for the Kansas City Zoo unless the tax is reauthorized by the voters. Thereafter, the tax shall be subject to reauthorization every ten years. (Section 184.503)

TRANSPORTATION INFRASTRUCTURE

This act removes requirements that money in the Road Bond Construction Fund and Special Road and Bridge Fund be used only on roads that are continuous through a political subdivision, and specifies that counties may contract with political subdivisions to share the bond proceeds for authorized purposes. (Sections 108.120 and 137.555)

This provision is identical to SB 956 (2018) and to a provision contained in SCS/HCS/HBs 2277 & 1983 (2018) and HCS#2/SS#2/SCS/SB 1050 (2018), and is substantially similar to HB 2352 (2018).

NATIONAL GUARD TRAINING CENTERS

This act allows the governing bodies of certain counties to adopt ordinances regulating incompatible land uses and structures, as defined in the act, within an unincorporated area surrounding the boundaries of any National Guard training center, if the county has participated in the completion of a joint land use study for the training center. (Section 41.657)

This provision is identical to SS/HB 1504 (2018) and to a provision contained in SCS/HB 1442 (2018).

PROSECUTING ATTORNEYS' RETIREMENT SYSTEM

This act changes provisions regarding the retirement system for prosecuting and circuit attorneys.

When a county votes to make the office of prosecuting attorney a full-time position then the position shall qualify for the same retirement benefits as a full-time prosecutor of a first class county and such county shall make the same contributions to the Prosecuting Attorneys and Circuit Attorneys' Retirement Fund (PACARS) as paid by a first class county.

The term "compensation" as used in the PACARS retirement statutes shall include any salary reduction amounts under a cafeteria plan or a deferred compensation plan, but not include reimbursement for any expenses, consideration for agreeing to terminate employment, or any unusual payment not part of regular work pay.

Beginning on January 1, 2019, all members who are eligible to receive an annuity equal to fifty percent of the final average compensation upon retirement will contribute two percent of their salary to the fund, and beginning in the year 2020, such members shall contribute four percent of salary to the fund. Upon retirement and at the discretion of the board of trustees, a member can receive a lump sum of his or her total contribution not to exceed twenty-five percent of average pay, in addition to any retirement benefits.

A person who becomes a member on or after January 1, 2019, may retire with a normal annuity with twelve or more years of service and reaching the age of sixty-five. Upon termination of employment such member is entitled to a deferred normal annuity payable at age sixty.

A former member who has forfeited creditable service may have the service restored again, in addition to requirements under current law, by becoming a an employee within ten years of termination and contributing an amount to the retirement fund equal to any lump sum payment of contributions received upon termination of service.

All members serving in a county that has elected to make the position of prosecuting attorney a full-time position shall receive one year of creditable vesting service for each year served as a part-time or full-time prosecuting attorney. However, a member serving as a part-time prosecuting attorney shall receive six-tenths of a year of creditable benefit service for each year served. Any member who has less than twelve years of creditable benefit service upon retirement shall receive a reduced full-time benefit.

A member who vested as a part-time prosecuting attorney and ceased being a member for more than six months before returning as a full-time prosecuting attorney shall be entitled only to part-time benefits, and any creditable service earned as a full-time prosecutor shall begin a new vesting period. A member cannot receive benefits while employed as a prosecuting attorney. (Sections 56.363 to 56.840)

This provision is identical to the perfected version of SB 892 (2018), and to provisions contained in SCS/HB 1442 (2018), SCS/HB 2044 (2018), HB 2322 (2018), and HCS#2/SS/SB 704 (2018), and is substantially similar to SCS/SB 209 (2017) and HB 2538 (2016), and to provisions contained in HCS/SB 639 (2016).

POLITICAL SUBDIVISION CONCESSION AGREEMENTS

This act specifies that the process and approval for concession agreements, as defined in the act, with regard to assets owned by a political subdivision shall be approved by the governing body of the political subdivision, and shall not be subject to approval by the state highways and transportation commission, but shall be subject to voter approval if required by law.

The act requires concession agreements entered into by political subdivisions to meet certain requirements.

This act also adds stormwater facilities and systems to the definition of "project" for the purposes of concession agreements. (Sections 227.600 to 227.601)

This provision is identical to a provision contained in SCS/HB 1442 (2018) and is substantially similar to SB 1042 (2018) and HCS/HB 2594 (2018), and to a provision contained in HCS#2/SS/SB 704 (2018).

JOSHUA NORBERG

Amendments