HCS/SS/SB 725 - This act modifies provisions relating to political subdivisions.JOINT COMMITTEE ON THE COVID-19 RESPONSE (Section 21.855):
The act establishes the Joint Committee on the COVID-19 Response. The Joint Committee shall study the impact of the COVID-19 pandemic on Missouri, including, but not limited to:
(1) The rate and spread of COVID-19 infections across the state;
(2) The impact of the COVID-19 pandemic in this state on individuals, business organizations, health care facilities, schools, local governments, and the state government;
(3) The relief efforts that have been implemented in this state by local governments and by the state government;
(4) Any further relief efforts that may be needed for individuals, business organizations, health care facilities, schools, local governments, and other entities throughout the state;
(5) The federal funds received by the state government to assist with COVID-19 relief efforts and any restrictions on the use of such funds;
(6) The ways in which the state and federal funds available for COVID-19 relief efforts should be distributed in order to provide the maximum relief in an efficient manner; and
(7) The impact of the COVID-19 pandemic on the economy of the state.
A priority of the committee shall be to provide information and assistance to the state government to ensure that funds provided to this state under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act and any other federal COVID-19 relief legislation are adequately distributed to local governments in this state.
The committee shall issue periodic reports to the members of the General Assembly and the Governor at such times as the committee deems appropriate. The reports shall include the findings of the committee under subsection 3 of this section and any other information relating to the COVID-19 pandemic that the committee deems relevant.
This provision is identical to a provision contained in HCS/SB 587 (2020) and in HCS/SS#2/SCS/SB 594 (2020).
COST OPENNESS AND SPENDING TRANSPARENCY ACT (Section 37.965):
This act creates the "Cost Openness and Spending Transparency (COST) Act", which requires that when persons or entities issue statements, press releases, or other documents, excluding communications with 280 characters or less, describing a project or program funded wholly or in part with state moneys, the dollar amount of state funds used shall be clearly indicated.
This provision is identical to HCS/HB 2555 (2020).
LOCAL GOVERNMENT EXPENDITURE DATABASE (Sections 37.1090-37.1098):
This act establishes the "Missouri Local Government Expenditure Database" to be maintained by the Office of Administration.
For each fiscal year beginning on or after December 31, 2022, the database shall include extensive information about a given municipality's or county's expenditures and the vendors to whom payments were made.
These provisions are identical to HB 1933 (2020) and to provisions contained in the truly agreed SS#2/SCS/HCS/HB 1854 (2020).
EMERGENCY DECLARATIONS (Section 44.080):
No state of emergency declared by a county executive shall be imposed or continue for more than 15 days without a 60% majority vote of the county governing body approving and setting the number of days beyond 15 days.
This provision is identical to a provision contained in HCS/SB 774 (2020), HCS/SS#2/SCS/SB 594 (2020), and HCS/SB 587 (2020).
COUNTY REGULATION OF COUNTY PROPERTY (Section 49.266)
Currently, the county commissions in all first, second, and fourth class counties are authorized to promulgate regulations concerning the use of county property. This act authorizes the county commission in all noncharter to promulgate such regulations.
This provision is identical to HB 1698 (2020) and to a provision contained in HCS/SS#2/SCS/SB 594 (2020).
COUNTY FINANCIAL STATEMENTS (Sections 50.800-50.820):
Under current law, by the first Monday in March of each year, non-charter first class counties must prepare and publish in a qualified newspaper a financial statement for the previous year.
Under this act, all non-charter counties, by the first Monday in March of each year, must prepare and publish in a qualified newspaper a financial statement for the previous year. The financial statement shall include the name and current gross annual salary of each elected or appointed county official whose salary is set by the county salary commission.
Under this act, the county clerk or other officer responsible for the preparation of the financial statement shall preserve the documents relied upon in the making of the financial statements and shall provide an electronic copy free of charge to any newspaper requesting a copy of the data. The newspaper publishing the statement shall charge and receive no more than its regular local classified advertising rate. The county commission shall pay the publisher upon the filing of proof of publication. After verification, the State Auditor shall notify the county commission.
This act repeals a provision that any county treasurer paying or entering for protest any warrant for any commissioner of the county commission prior to notice from the State Auditor shall be liable on his or her official bond. The act also repeals current provisions regarding financial statements by second, third, and fourth class counties.
These provisions are identical to HB 1814 (2020), SB 859 (2020), and to provisions contained in HCS/SS#2/SCS/SB 594 (2020).
ST. LOUIS CITY ASSESSOR (Section 53.010):
Current law requires assessors in each county to be elected every four years, but exempts St. Louis City from such requirement. This act removes such exemption and requires the St. Louis City assessor to be elected every four years.
This provision is identical to a provision contained in HCS/SS/SCS/SB 570 (2020), HCS/SS#2/SCS/SB 594 (2020), and HB 1710 (2020).
This section shall not become effective until the passage and approval of a constitutional amendment allowing all county assessors to be elected.
CANDIDATES FOR COUNTY RECORDER (Sections 59.021 & 59.100)
This act provides that each candidate for county recorder shall provide an affidavit to the election authority that indicates the candidate is able to satisfy the bond requirements under the law.
A recorder elected before January 1, 2021, shall have bond of no less than $1,000. A recorder elected after December 31, 2020, shall have a bond no less than $5,000.
These provisions are identical to HB 2368 (2020) and to provisions contained in the truly agreed SS#2/SCS/HCS/HB 1854 (2020) and in HCS/SS#2/SCS/SB 594 (2020).
COUNTY PROPERTY MAINTENANCE AND NUISANCE CODES (64.207):
This act authorizes Boone County to adopt property maintenance regulations and ordinances as provided in the act. The unavailability of a utility service due to nonpayment is not a violation of the property maintenance code.
Under this act, the property maintenance code must require the county commission to create a process for selecting a designated officer to respond to written complaints of the condition of a rented residence that threaten the health or safety of the tenants. When a written complaint is filed, the owner of any rental residence must be served with a notice specifying the condition alleged in the complaint and state a reasonable date by which abatement of the condition must commence. If work to abate the condition does not commence as determined by the designated officer, the complaint shall be given a hearing before the county commission. If the county commission finds that the rented residence has a dangerous condition that is harmful to the health, safety, or welfare of the tenant, the county commission shall issue an order that the condition be abated. If the owner violates an order issued by the county commission the owner may be punished by a penalty, which shall not exceed a Class C misdemeanor.
These provisions are identical to HCS/HB 2336 (2020), provisions contained in the truly agreed SS#2/SCS/HCS/HB 1854 (2020), and in HCS/SS#2/SCS/SB 594 (2020).
DOG ORDINANCES (Section 67.142):
This act provides that the state of Missouri occupies the entire field of legislation relating to the control and regulation of dogs.
This provision is identical to HCS/HBs 2241 & 2244 (2020). and to a provision contained in HCS/SS#2/SCS/SB 594 (2020).
TRANSIENT GUEST TAXES (Section 67.662):
This act allows a municipality, county, or local taxing entity to
collect transient guest taxes only on the amount received by a
hotel, motel, tavern, inn, tourist cabin, tourist camp, or other
place in which rooms are furnished to the public.
This provision is identical to HB 2504 (2020).
AIM ZONES (Section 68.075):
Under current law, no advanced industrial manufacturing (AIM) zone may be established after August 28, 2023. This act extends such date to August 28, 2030.
This provision is identical to SB 636 (2020), HB 2334 (2020), and to a provision contained in HCS/SS#2/SCS/SB 594 (2020).
LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM (Section 70.705):
Currently, member contributions for the Missouri Local Government Employees' Retirement System are 0% or 4% of compensation. This act allows each political subdivision to elect an alternative member contribution amount of 2% or 6% of compensation. If a political subdivision elected a benefit program for certain members covered concurrently by Social Security and another for those members not covered concurrently by Social Security, the political subdivision may also elect one member contribution for those members who are covered and another contribution amount for those members who are not covered.
This provision is identical to a provision in the truly agreed to HCS/SCS/SB 599 (2020), in the truly agreed to SS/SCS/HBs 1467 & 1934 (2020), HCS/SS#2/SCS/SB 594 (2020) and in HCS/SCS/SB 725 (2020) and is substantially similar to SCS/SB 768 (2020).
POLICE OFFICER RESIDENCY REQUIREMENTS (Sections 71.201 & 84.344):
This act provides that no city, village, town, county, township, or board of police shall require, as a condition of employment, any residency rule or requirement for current or prospective law enforcement officers, unless the rule is no more restrictive than requiring such personnel to reside within a one-hour response time.
Currently, commissioned and civilian personnel of the St. Louis City municipal police force must retain a primary residence in the city for a total of seven years and then may maintain a primary residence that is located within a one-hour response time. This act provides that such personnel shall not be subject to a residency requirement so long as the primary residence is located within a one-hour response time.
These provisions shall not apply to the Missouri State Highway Patrol.
These provisions are identical to provisions contained in HCS/SS#2/SCS/SB 594 (2020) and HCS#2/HB 1604 (2020) and substantially similar to SB 558 (2020) and SB 905 (2020).
APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS IN FOURTH CLASS CITIES (Section 79.235):
If a statute or ordinance authorizes the mayor of a city of the fourth classification with no more than 2,000 inhabitants to appoint a member of a board or commission, any requirement that the appointed person be a resident of the city shall be deemed satisfied if the person owns real property or a business in the city.
If the board to which a person is appointed is for the purpose of managing a city's municipal utilities, then any requirement that the appointed person be a resident of the city shall be satisfied if the following conditions are met:
1) The board has no authority to set utility rates or to issue bonds;
2) The person resides within a 5-mile radius of the city limits;
3) The person owns real property or a business in the city;
4) The person or the person's business is a customer of the public utility that is owned and operated by the city; and
5) The person has no pecuniary interest in, or is not a member of, any other utility of the type managed by the board.
This provision is identical to a provision contained in SS#2/SCS/HCS/HB 1854 (2020) and similar to HB 1602 (2020).
COURT REPORTERS (Sections 89.080 & 485.060):
This act provides that testimony, objections, and rulings held in board of adjustment hearings shall be taken down by a certified court reporter, made by a certified electronic recorder, or by an officer of the court, as described in the act.
This act also provides that circuit court reporters with at least six years of service shall receive salary adjustments as described in the act.
These provisions are identical to HCS/HB 1819 (2020) and to provisions contained in HCS/SS#2/SCS/SB 594 (2020) and similar to HB 1403 (2020).
TRANSIENT GUEST TAXES (Section 94.842):
This act authorizes the City of Springfield to submit to the voters a transient guest tax not to exceed 7.5% of the charges per occupied room per night. Such tax shall be used solely for capital investments that can be demonstrated to increase the number of overnight visitors.
Upon approval by the voters, the city may adopt rules and regulations for the internal collection of the tax, or may enter into an agreement with the Department of Revenue for the collection of the tax.
This provision is identical to SB 387 (2019), HB 1073 (2019), and to a provision contained in HCS/SS#2/SCS/SB 594 (2020), SCS/SB 770 (2020), SS/SCS/SBs 46 & 50 (2019), SCS/HCS/HB 674 (2019), and SCS/HB 761 (2019), and similar to a provision contained in SS#2/SCS/HCS/HB 1854 (2020).
PUBLIC SAFETY SALES TAXES (Sections 94.900 and 94.902):
This act adds the cities of Clinton, Lincoln, Branson West, Cole Camp, Hallsville, Kearney, Smithville, and Claycomo to the list of cities and villages authorized to levy a sales tax upon voter approval for the purposes of improving public safety. The tax shall be 0.25%, 0.5%, 0.75%, or 1%.
These provisions are identical to provisions contained in HCS/SS#2/SCS/SB 594 (2020), SB 873 (2020), HB 1701 (2020), HB 1309 (2020), HB 1726 (2020), and HB 1731 (2020), and similar to SS#2/SCS/HCS/HB 1854 (2020).
FINANCIAL REPORTS OF POLITICAL SUBDIVISIONS (Section 105.145):
Current law requires political subdivisions to submit an annual report of the financial transactions of the political subdivision to the State Auditor, with any political subdivision failing to do so subject to a fine of $500 per day. This act provides that any political subdivision that has gross revenues of less than $5,000 or that has not levied or collected sales or use taxes in the fiscal year for which the annual report was not timely filed shall not be subject to the fine. This act also provides that if the annual report was not filed as a result of fraud or other illegal conduct by an employee or officer, such political subdivision shall not be subject to a fine if the annual report is filed within thirty days of the discovery of the fraud or illegal conduct.
The act authorizes the Director of Revenue to make a one-time reduction in the amount of outstanding fines for political subdivisions filing its first annual report after January 1, 2021, or if the Director determines the fine to be uncollectible, as described in the act.
For any political subdivision with outstanding fines or penalties that does not file an annual report by January 1, 2021, or that files such report but fails to file any subsequent report, the Director of Revenue shall initiate the process to disincorporate the political subdivision. If a resident of the political subdivision believes the annual report has not been filed, he or she may file an affidavit with the Department of Revenue, which shall investigate. If the report has not been filed, the political subdivision shall file it within ninety days. If the political subdivision fails after ninety days to file the annual report, the Director of Revenue shall initiate the process to disincorporate the political subdivision.
The question of whether a political subdivision shall be disincorporated shall be submitted to the voters, as described in the act. If a majority of voters vote for disincorporation, the circuit court shall appoint an administrative authority for the political subdivision, as described in the act.
These provisions are identical to provisions contained in HCS/SS/SCS/SB 594 (2020) and similar to provisions contained in the truly agreed SS#2/SCS/HCS/HB 1854 (2020) and in HCS/SS#2/SB 704 (2020).
PROPERTY TAX ASSESSMENTS (Sections 137.115, 137.385, & 138.060):
Current law provides that, in any charter county or in St. Louis City, if a valuation of residential real property is made by computer, computer-assisted method, or a computer program, the burden of proof shall be on the assessor at any hearing or appeal. This act modifies such provision to require the burden of proof to be on the assessor at any hearing or appeal in any county in the state and St. Louis City, regardless of whether a computer, computer-assisted method, or a computer program was used.
Current law requires assessors to conduct a physical inspection of a property prior to increasing the assessment of such property by more than 15%. This act requires such inspection prior to increasing an assessment by more than 10%. This act also modifies additional physical inspection requirements applicable only to St. Louis County by making such requirements applicable to the whole state.
This act also prohibits an increase in the valuation of any real property by more than ten percent from the previous assessed valuation, excluding new construction and improvements.
Section 137.115 shall not become effective until the passage and approval of a constitutional amendment authorizing a statutory limitation on increases in assessed valuations.
This provision is similar to a provision contained in HCS/SS#2/SCS/SB 594 (2020).
Current law requires taxpayers in first class counties to appeal assessed valuations to the board of equalization by the third Monday in June. This act changes such deadline to the second Monday in July. (Section 137.385)
For property assessment appeals to the boards of equalization in the City of St. Louis, St. Charles County, and St. Louis County, current law provides that the assessor shall have the burden to prove that the valuation does not exceed the true market value of the property. Additionally, if a physical inspection of a property is required for assessment, the assessor shall have the burden to prove that such inspection was performed. If the assessor fails to provide sufficient evidence that the inspection was performed, the property owner shall prevail on the appeal as a matter of law.
This act applies such provisions to appeals in all charter counties, first class counties, and the City of St. Louis.
These provisions are identical to provisions contained in HCS/SS#2/SCS/SB 594 (2020), in HCS/SS/SCS/SB 570 (2020), HCS/SB 676 (2020), and HB 1710 (2020), and are similar to provisions contained in HCS/SS#2/SB 704 (2020).
IRON COUNTY SCHOOL FUND (Section 163.024):
This act prohibits money received into the Iron County School Fund from the payment of penalties under the administrative order issued by the Department of Natural Resources on August 30, 2019, from being included in the calculation of local effort for the Iron County School District.
This provision is identical to HCS/HB 1817 (2020) and to a provision contained in HCS/SS#2/SCS/SB 594 (2020), in SCS/HCS/HB 1540 (2020), HCS/HB 1817 (2020), and in HCS/SS/SCS/SB 570 (2020).
PRIVATE COLLEGE CAMPUS PROTECTION ACT (Sections 173.2700-173.2712):
This act establishes the "Private College Campus Protection Act". The governing board of the College of the Ozarks may employ police officers for purposes set forth in the act. Such officers shall take an oath of office and complete police training to obtain a peace officer license. Additionally, the College of the Ozarks may establish and enforce traffic regulations for on-campus thoroughfares. (Sections 173.2700 to 173.2712)
These provisions shall sunset on August 28, 2025, unless reauthorized by the General Assembly.
These provisions are identical to HCS/HB 1282 (2020) and to provisions contained in HCS/SS#2/SCS/SB 594 (2020), and are substantially similar to SB 729 (2020), SB 129 (2019), HCS#2/HB 105 (2019), SB 1047 (2018) and HB 2495 (2018).
ALTERNATIVE COUNTY HIGHWAY COMMISSIONS (Section 230.205):
Under current law, a county that has adopted a alternative county highway commission may only abolish such commission by a vote of the people. This act allows the governing body of the county to abolish the commission.
Once abolished, or in counties that did not adopt the alternative county highway commission, current law requires the county to retain the county highway commission provided under current law. This act allows the county to adopt the county highway commission or county road overseers.
This provision is identical to a provision contained in HCS/SS#2/SCS/SB 594 (2020), in HB 1403 (2020), and in HCS/SB 686 (2020)
WORKING ANIMALS (Section 262.760):
Under this act, the right to utilize working animals, as defined in the act, is guaranteed. No law, ordinance, or rule shall be enacted by any political subdivision of the state that terminates, bans, or effectively bans, by creating undue financial hardship, the job or use of working animals or an enterprise employing working animals.
Nothing in the act shall prevent the establishment of or alter the laws, ordinances, or rules of a political subdivision regarding animal care, public health, or public safety; unless such law, ordinance, or rule is in violation of the act, in which case, the act shall supercede such law, ordinance, or rule.
This provision is identical to SB 979 (2020), HCS/HB 1752 (2020), HCS/SS#2/SCS/SB 594 (2020), and similar to SB 416 (2019), SCS/HB 559 (2019), and HB 1021 (2019).
PROPERTY RESTRICTIONS ON SOLAR PANELS (Section 442.404):
This act specifies that no deed restriction, covenant, or similar binding agreement running with the land shall limit or prohibit the installation of solar panels or solar collectors, as defined in the act, on the rooftop of any property or structure.
A homeowners' association may adopt reasonable rules regarding the placement of solar panels or solar collectors to the extent those rules do not prevent the installation of the device or adversely affect its functioning, use, cost, or efficiency.
This act shall apply only with regard to rooftops that are owned, controlled, and maintained by the owner of the property or structure.
This provision is identical to SB 1008 (2020) and HB 2526 (2020), and to a provision contained in CCS/HCS/SS/SB 618 (2020) and HCS/SS#2/SCS/SB 594 (2020).
CHANGE OF VENUE REIMBURSEMENT (Section 550.125):
This act establishes a fund from which counties may apply to the Office of the State Courts Administrator for reimbursement of costs associated with the sequestering of jurors in capital cases in which there is a change of venue into the county.
This provision is identical to a provision contained in HCS/SCS/SB 662 (2020) and similar to a provision contained in CCS#2/SS#2/SCS/HBs 1450 et al. (2020) and in HCS/SS#2/SCS/SB 594 (2020).
SUNSHINE LAW (Section 610.021):
This act adds security procedures for property owned or leased by a public governmental body, including, but not limited to, evacuation and lockdown procedures for the buildings on such property, to the list of records that may be closed under the Sunshine Law.
This provision is identical to HB 1366 (2020), to a provision contained in HCS/SS#2/SCS/SB 523 (2020), to a provision contained in HCS/SB 774 (2020), and to a provision contained in HCS/SS#2/SCS/SB 594 (2020).
TIME ZONES (Section 620.2250):
This act establishes the "Targeted Industrial Manufacturing Enhancement Zones Act".
This act allows any two or more contiguous or overlapping political subdivisions, as defined in the act, to create targeted industrial manufacturing enhancement (TIME) zones for the purpose of completing infrastructure projects to promote economic development. Prior to the creation of a TIME zone, each political subdivision shall propose an ordinance or resolution that sets forth the names of the political subdivisions which will form the zone, the general nature of the proposed improvements, the estimated cost of such improvements, the boundaries of the proposed TIME zone, and the estimated number of new jobs to be created in the TIME zone. The political subdivisions shall hold a public hearing prior to approving the ordinance or resolution creating the TIME zone.
This act allows the zone board governing the TIME zone to retain twenty-five percent of withholding taxes on new jobs created within the TIME zone to fund improvements made in the TIME zone. Prior to retaining such withholding taxes, the zone board shall enter into an agreement with the Department of Economic Development. Such agreement shall specify the estimated number of new jobs to be created, the estimated average wage of new jobs to be created, the estimated net fiscal impact of the new jobs, the estimated costs of improvements, and the estimated amount of withholding tax to be retained over the period of the agreement. The Department shall not approve an agreement unless the zone board commits to the creation of a certain number of new jobs, as described in the act.
The term of such agreement shall not exceed ten years. A zone board may apply to the Department for approval to renew any agreement. In determining whether to approve the renewal of an agreement, the Department shall consider the number of new jobs created and the average wage and net fiscal impact of such new jobs, and the outstanding improvements to be made within the TIME zone, the funding necessary to complete such improvements, and any other factor the Department requires. The Department may approve the renewal of an agreement for a period not to exceed ten years. If a zone board has not met the new job creation requirements by the end of the agreement, the Department shall recapture the withholding taxes retained by the zone board.
The zone board shall submit an annual report to the Department and to the General Assembly, as described in the act.
No political subdivision shall establish a TIME zone with boundaries that overlap the boundaries of an advanced industrial manufacturing (AIM) zone.
The total amount of withholding taxes retained by TIME zones under this act shall not exceed $5 million per year.
This act shall sunset on August 28, 2026, unless reauthorized by the General Assembly.
These provisions are identical to provisions contained in HCS/SS#2/SCS/SB 594 (2020), similar to provisions contained in the truly agreed SS#2/SCS/HCS/HB 1854 (2020).
BROADBAND INTERNET GRANT PROGRAM (Section 620.2459):
Currently, the broadband internet grant program for unserved and underserved areas of the state will expire on August 28, 2021. This act extends the program until August 28, 2027. (Section 620.2459)
This provision is identical to a provision contained in HCS/SS#2/SCS/SB 594 (2020), and similar to SS/SB 632 (2020), a provision contained in the truly agreed CCS#2/SS/SCS/HB 1768 (2020), CCS/HCS/SS/SB 618 (2020), and HB 1859 (2020).
LAND CONVEYANCES (Sections 1-14):
This act authorizes the conveyance of certain state property in the following locations (Sections 1-17):
• Cole County to the Heartland Port Authority of Central Missouri
• City of Fulton
• St. Francois County
• City of Rolla to Edgewood Investments
• City of Kirksville
• Macon County
• City of St. Louis
• Wyandotte County, Kansas
• Pike County to the State Highways and Transportation Commission
• Iron County to the State Highways and Transportation Commission
• City of Moberly
• Ste. Genevieve County to the National Park Service
These sections contain provisions that are identical to SB 585 (2020), SB 851 (2020), SB 948 (2020), SB 969 (2020), SB 1023 (2020), the truly agreed SCS/HB 1330 (2020), HCS/HB 1696 (2020), HB 1876 (2020), HCS/HB 2315 (2020), HB 2405 (2020), and HCS/SS#2/SCS/SB 594 (2020).
The act contains an emergency clause for certain conveyances of property in St. Francois County and Ste. Genevieve County.
JAMIE ANDREWS