HCS/SB 544 - This act modifies provisions relating to political subdivisions. JOINT COMMITTEE ON THE COVID-19 RESPONSE (Section 21.855)
This act establishes the Joint Committee on the COVID-19 Response, which shall be composed of eighteen members as described in the act. The Committee shall study the impact of the COVID-19 pandemic on the state, including the rate and spread of infections, the impact on various organizations, relief efforts, federal funds received by the state, and the impact on the economy of the state, as described in the act.
The Committee shall issue periodic reports to the General Assembly and the Governor as the Committee deems appropriate.
These provisions are identical to HCS/SB 587 (2020) and HCS/SS#2/SCS/SB 594 (2020).
ANTI-DISCRIMINATION AGAINST ISRAEL ACT (Section 34.600)
This act creates the "Anti-Discrimination Against Israel Act". Under this act, public entities are prohibited from entering into certain contracts with a company unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of goods or services from the State of Israel or any company, or person or entity, doing business with or in the State of Israel. Any contract failing to comply with the provisions of this act shall be void against public policy.
This act does not apply to contracts with a total potential value of less than $100,000 or to contractors with fewer than 10 employees.
These provisions are identical to SB 739 (2020) and HCS/SS#2/SCS/SB 594 (2020) .
COST OPENNESS AND SPENDING TRANSPARENCY (COST) 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 of less, describing a project or program funded in whole or in part with state moneys, the dollar amount of state funds used must be clearly indicated.
This provision is identical to a provision in HB 2555 (2020) and HCS/SS#2/SCS/SB 594 (2020).
MISSOURI LOCAL GOVERNMENT EXPENDITURE DATABASE (Section 37.1090 through Section 37.1098)
This act establishes the "Missouri Local Government Expenditure Database". The database shall be available free of charge on the Office of Administration's website and shall include information about expenditures made during each fiscal year that begins after December 31, 2022.
The database shall include the following information: the amount of the expenditure; the date the expenditure was paid; the vendor to whom the expenditure was paid, unless such information is confidential; the purpose of the expenditure; and the municipality or county that made or requested the expenditure.
A municipality or county may choose to voluntarily participate in the database. Each municipality or county participating in the database shall provide electronically transmitted information to the Office of Administration biannually as provided in the act.
Additionally, if 5% of the registered voters in a municipality or county request to participate, the municipality or county shall participate in the database. Residents may request participation by submitting a written letter by certified mail to the governing body of the municipality or county and the Office of Administration. After receiving the requisite number of requests, a municipality or county shall begin participating in the database, but is not required to report expenditures incurred before one complete 6 month reporting period.
The Office of Administration shall provide financial reimbursement to any participating municipality or county for actual expenditures incurred from participation in the database.
These provisions are identical to SS/SCS/HB 1854 (2020), HCS/SS#2/SCS/SB 594 (2020), and HB 1933 (2020).
COUNTY REGULATION OF COUNTY PROPERTY (Section 49.266)
Currently, county commissions in all first, second, or fourth class counties are authorized to promulgate regulations concerning the use of county property. This act modifies these provisions to allow county commissions in non-charter counties to promulgate regulations concerning the use of county property.
Additionally, this act repeals the doubly-enacted Section 49.266 enacted by SB 672 (2014).
These provisions are identical to HCS/SS#2/SCS/SB 594 (2020) and similar to SB 747 (2020) and SS/SCS/HCS/HB 1854 (2020).
FINANCIAL STATEMENTS OF NON-CHARTER COUNTIES (Sections 50.815 & 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 HCS/SS#2/SCS/SB 594 (2020), HB 1814 (2020), HB 1966 (2020), and SB 859 (2020).
ST. LOUIS CITY ASSESSOR (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. (Section 53.010)
This section shall not become effective until the passage and approval of a constitutional amendment allowing all county assessors to be elected.
This provision is identical to HCS/SS#2/SCS/SB 594 (2020), HCS/SS/SCS/SB 570 (2020), and a provision contained in HB 1710 (2020).
BOONE COUNTY PROPERTY MAINTENANCE AND NUISANCE CODES (Section 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 SS/SCS/HCS/HB 1854 (2020), HCS/SS#2/SCS/SB 594 (2020), and HCS/HB 2336 (2020).
REGULATION OF CERTAIN DOG BREEDS (Section 67.142)
Under this act, the General Assembly shall preempt any local ordinances or rules regulating specific breeds of dogs. However, a political subdivision may prohibit dogs from running at large or may regulate dogs in a non-breed specific manner.
These provisions are identical to HCS/SS/SB 600 (2020), HCS/SS#2/SCS/SB 594 (2020), and HB 2241 (2020).
TEXT-TO-DONATE PILOT PROGRAM (Section 67.1100)
This act creates a "Text-to-Donate" pilot program in Kansas City and St. Louis to provide services aimed at reducing the population of homeless persons in those cities. Each city shall create a fund within the city treasury to receive money for this program. This program will be funded by donations made via text messages. Each city shall provide the phone number to which donations can be sent via text message.
The cities shall be responsible for administering, promoting, securing donations to, and making distributions from the fund. Additionally, distributions from a city's fund shall only be made to pay for services aimed at reducing the homeless population of that city.
This act also requires the General Assembly to make a one-time appropriation sufficient to fund the initial signage promoting these funds. The signage shall be displayed in areas with a high population of homeless persons. Any further expenditures to promote a city's fund shall be paid out of the fund itself.
These provisions are identical to HCS/SS#2/SCS/SB 594 (2020) and SB 152 (2019).
ADVANCED INDUSTRIAL MANUFACTURING (AIM) ZONES ACT (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 HCS/SS#2/SCS/SB 594 (2020), SB 636 (2020), and HB 2334 (2020).
MISSOURI 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 SCS/SB 768 (2020) and a provision in HCS/SS#2/SCS/SB 594 (2020), HCS/SCS/SB 599 (2020), and SS/SCS/HBs 1467 & 1934 (2020).
RESIDENCY REQUIREMENTS OF POLICE DEPARTMENTS (Section 84.344)
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 are identical to provisions in HCS/SS/SB 600 (2020), HCS/SS#2/SCS/SB 594 (2020), SCS/SB 558 (2020), and HCS/HB 1604 (2020).
COURT REPORTERS (Sections 89.080 and 485.060)
A record of all testimony, objections, and rulings in hearings conducted by a board of adjustment shall be taken by a certified court reporter employed by the board, made by a certified electronic recorder who has basic knowledge of court proceedings and related legal terminology and who may utilize any form of audio, video, or digital recording, or by an officer of the court.
This act provides that the annual salary of each court reporter for a circuit judge shall be adjusted by a percentage based on each court reporter's cumulative years of service with the circuit courts.
These provisions are identical to HCS/SCS/SB 662 (2020), HCS/SS#2/SCS/SB 594 (2020), and HCS/HB 1819 (2020) and similar to SB 908 (2020) and HB 2191 (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.
These provisions are identical to HCS/SS#2/SCS/SB 594 (2020) and similar to SS#2/SB 704 (2020) and SCS/HB 1700 (2020).
PUBLIC SAFETY SALES TAXES (Sections 94.900 and 94.902)
This act adds the cities of Branson West, Hallsville, Clinton, Lincoln, Cole Camp, 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 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/SB 770 (2020).
FINANCIAL REPORTS OF POLITICAL SUBDIVISIONS (Section 105.145)
Under current law, any transportation development district having gross revenues of less than $5,000 in a fiscal year for which an annual financial statement was not timely filed to the State Auditor is not subject to a fine.
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 financial statement was not timely filed shall not be subject to a fine.
Additionally, if failure to timely submit the annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the failure shall not be subject to a fine if the statement is filed within 30 days of discovery of the fraud or illegal conduct.
If the political subdivision has an outstanding balance or fines at the time it files its first annual financial statement after January 1, 2021, the Director of Revenue shall make a one-time downward adjustment to such outstanding balance in an amount that reduces the outstanding balance by 90%. If the Director of Revenue determines a fine is uncollectible, the Director shall have the authority to make a one-time downward adjustment to any outstanding penalty.
The Director of Revenue shall initiate the process to disincorporate a political subdivision if such political subdivision has an outstanding balance for fines or penalties and fails to file an annual financial statement as provided in the act. A resident of a political subdivision may file an affidavit with the Director of Revenue with information regarding the political subdivision's failure to report.
The question of whether a political subdivision may be subject to disincorporation shall be submitted to the voters of the political subdivision as provided in the act. Upon the affirmative vote of a majority of voters in the political subdivision, the Director of Revenue shall file an action to disincorporate the political subdivision in the circuit court with jurisdiction over the political subdivision. The circuit court shall enforce such orders and carry out remedies as provided in the act. Additionally, the Attorney General shall have the authority to file an action in a court of competent jurisdiction against any political subdivision that fails to comply with this act.
These provisions are identical to HCS/SS#2/SCS/SB 594 (2020) and similar to provisions in SS#2/SCS/HCS/HB 1854 (2020).
PROPERTY TAXES (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. Additionally, this act prohibits an increase in the valuation of any residential real property for the duration of time that such property is located in a legally defined subdivision immediately adjacent to any subdivision that receives a tax abatement.
This provision shall not become effective until the passage and approval of a constitutional amendment authorizing a statutory limitation on increases in assessed valuations.
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.
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 substantially similar to HCS/SS#2/SCS/SB 594 (2020) and similar to 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/SS#2/SCS/SB 594 (2020), HCS/SS/SCS/SB 570 (2020), and HCS/HB 1817 (2020).
PRIVATE COLLEGE CAMPUSES ACT (Sections 173.2700, 173.2703, 173.2706, 173.2709, 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.
This act is identical to HCS/SS#2/SCS/SB 594 (2020) and HCS/HB 1282 (2020) and substantially similar to SB 729 (2020), HB 1282 (2020), to SB 129 (2019), HCS#2/HB 105 (2019), SB 1047 (2018) and HB 2495 (2018).
ALTERNATIVE COUNTY HIGHWAY COMMISSIONS (Section 230.205)
Currently, a county that has adopted the alternative county highway commission as provided by law may only abolish it by a vote of the people. This act specifies that the alternative commission may also be abolished by a vote of the county's governing body.
Currently, once the alternative county highway commission is abolished, the county shall revert to the standard county highway commission framework as provided by law. This act specifies that the county may instead adopt county road overseers, as provided by law.
These provisions are identical to HCS/SS#2/SCS/SB 594 (2020), HCS/SB 686 (2020), and HB 1403 (2020).
RIGHT TO UTILIZE 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 act is identical to HCS/SS#2/SCS/SB 594 (2020), SB 979 (2020), and HCS/HB 1752 (2020).
ST. LOUIS CITY EMPLOYEE REQUIREMENTS (Section 285.040)
This act provides that no employee of St. Louis City shall be required as a condition of employment to reside within city limits.
This provision is identical to a provision in HB 1604 (2020).
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 HCS/SS#2/SCS/SB 594 (2020), SB 618 (2020), SB 1008 (2020), and HB 2526 (2020).
CHANGE OF VENUE FOR CAPITAL CASES FUND (SECTION 550.125)
This act creates the "Change of Venue for Capital Cases Fund" which shall consist of funds appropriated by the General Assembly. In a capital case in which a change of venue moves the case from one county to another, the county which receives the transferred case may apply to the Office of State Courts Administrator for reimbursement from the change of venue for any costs associated with the sequestering of jurors. Additionally, in the event that the amount disbursed is less than the costs of sequestering the jurors, the original county shall reimburse the difference to the county to which the case was transferred.
These provisions are identical to HCS/SS#2/SCS/SB 594 (2020), SS/SCS/HB 1450 (2020), HCS/SS/SB 600 (2020), and HCS/HB 1331 (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 act is identical to HCS/SS/SB 600 (2020), HCS/SS#2/SCS/SB 594(2020), and HB 1366 (2020).
This act also adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law
This provision is identical to HB 1953 (2020) and similar to SB 828 (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, 2023, unless reauthorized by the General Assembly.
These provisions are identical to HCS/SS#2/SCS/SB 594(2020) and SS#2/SCS/HCS/HB 1854 (2020).
BROADBAND INTERNET GRANT PROGRAM
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, 2030. (Section 620.2459)
This provision is identical to HCS/SS#2/SCS/SB 594(2020) and similar to SS/SB 632 (2020) and HB 1859 (2020).
LAND CONVEYANCE (Sections 1-17)
This act authorizes the conveyance of certain state property in the following locations:
• 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
• Cole County to the Heartland Port Authority of Central Missouri
• City of Fulton
These sections contain provisions that are identical to SB 585 (2020), SB 851 (2020), SB 948 (2020), SB 969 (2020), SB 1023 (2020), SCS/HB 1330 (2020), HCS/HB 1696 (2020), HB 1876 (2020), HCS/HB 2315 (2020), and HB 2405 (2020).
These provisions contain an emergency clause for certain conveyances of property in St. Francois County and Ste. Genevieve County.
These provisions are identical to HCS/SS#2/SCS/SB 594(2020).
MARY GRACE BRUNTRAGER