SB47 - Modifies provisions relating to financial obligations to public entities

SB 47

Modifies provisions relating to financial obligations to public entities

Sponsor:

Gannon

LR Number:

0902H.03C

Committee:

Transportation, Infrastructure and Public Safety

Last Action:

5/12/2023 - In Conference

Journal Page:

Title:

HCS SB 47

Effective Date:

August 28, 2023

House Handler:

Riley

Current Bill Summary

CCS/HCS/SB 47 - This act modifies provisions relating to financial obligations to public entities.

DEPARTMENT OF REVENUE FEE OFFICES (Section 136.055)

This act increases service fees charged by Department of Revenue fee offices for certain transactions.

The act also specifies that the Director of the Department of Revenue shall not award fee office contracts to entities affiliated in any manner, as defined in the act, with a current employee of the Department or with a former employee of the Department for the one-year period following the employee's termination of employment.

One dollar from every fee increased under the act and collected by a contract fee office shall be remitted to the "License Office Distribution Fund" established under the act. The remitted funds shall be held in trust for the fee office contract holders, and shall not be considered state revenue. In the event a court of competent jurisdiction requires money remitted to the fund under the act to be distributed in accordance with certain constitutional provisions, the required remittance to the fund shall be null and void.

Beginning with the fourth quarter of 2024, the amount of money remitted to the fund each quarter shall be distributed equally among fee offices as provided in the act.

These provisions are identical to provisions in HCS/HB 424 (2023), and similar to SCS/SB 366 (2023).

FEES CHARGED TO HOMELESS YOUTHS BY DEPARTMENT OF REVENUE FEE OFFICES (Sections 136.055, 302.178, and 302.181)

This act exempts homeless children, homeless youths, and unaccompanied youths, as defined by law, from certain fees collected by Department of Revenue fee offices. (Section 136.055.8). The act also adds these groups to the definition of "emancipated minor" for purposes of proving the supervised driving experience required to obtain an intermediate driver's license, and exempts emancipated minors from intermediate driver's license fees. (Section 302.178).

The act provides that no fee shall be required or collected from a homeless child, homeless youth, or unaccompanied youth to obtain his or her first nondriver identification card. (Section 302.181.6).

A minor's status as a homeless child, homeless youth, or unaccompanied youth under the act shall be verified by a letter signed by a director or designee of a governmental or nonprofit agency providing services to homeless persons, by a local education agency liaison as described under federal law, by a school social worker or counselor, or by an attorney who is representing the minor in a legal matter. (Sections 136.055.8, 302.178.10, and 302.181.6).

These provisions are identical to provisions in HCS/SS/SB 198 (2023), substantially similar to provisions in HCS/HB 355 (2023), identical to SCS/SB 1167 (2022), and similar to HB 2789 (2022), provisions in SCS/HCS/HB 2376 (2022), and provisions in HCS/SS#2/SB 823 (2022).

COLLECTION OF SALES TAX BY MOTOR VEHICLE DEALERS (Sections 144.020 and 144.070)

This act provides that following development of the Department of Revenue's modernized system for vehicle titling and registration, driver licensing, and liens, licensed motor vehicle dealers shall collect and remit to the Department the sales tax due on all motor vehicles the dealer sells.

These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 398 (2023), provisions in HCS/HB 894 (2023), provisions in HCS/SS/SCS/SBs 56 & 61 (2023), provisions in SCS/HB 415 (2023), and provisions in HCS/SS/SB 23 (2023), and similar to provisions in SB 66 (2023), HB 1733 (2022), provisions in SS/SB 762 (2022), SB 967 (2022), SB 720 (2022), HB 1873 (2022), HB 2740 (2022), SB 273 (2021), HB 235 (2021), HB 668 (2021), HB 1598 (2020), HB 2740 (2022), HB 809 (2021), HB 599 (2021), and HB 667 (2021).

FEES COLLECTED BY CUSTODIANS OF VITAL RECORDS (Section 193.265)

This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse and if the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, attorney, or health care or mental health professional stating that such person believes that the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.

These provisions are identical to provisions in SS/SB 198 (2023), and substantially similar to HB 1300 (2020).

EGG LICENSING FEES (Sections 196.311 and 196.316)

This act repeals the current fee schedule for egg licensing fees, and specifies that the Director of the Department of Agriculture shall have the authority to assess the fees by administrative rule, subject to the maximum fee amounts specified in the act. The act also adds quail eggs to the applicable definition of "eggs".

These provisions are identical to provisions in the truly agreed to and finally passed SS/HB 202 (2023), the truly agreed to and finally passed HS/HCS/SS/SB 138 (2023), provisions in SCS/SB 335 (2023), provisions in HCS/HB 467 (2023), provisions in SCS/HCS/HB 631 (2023), and provisions in SCS/HCS/HB 779 (2023).

GEOLOGIC RESOURCES FEES (Section 256.700)

This act extends, from December 31, 2025, to December 31, 2031, the expiration date for the geologic resources fees charged in conjunction with surface mining permits.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 109 (2023), provisions in SCS/HCS/HB 631 (2023), and provisions in SCS/HCS/HB 779 (2023), and substantially similar to provisions in SCS/SB 395 (2023).

OIL AND GAS FEES (Section 259.080)

This act extends, from August 28, 2025, to August 28, 2031, the authority of the State Oil and Gas Council to revise the fee structure for oil and gas fees. The act also specifies that if the Council's authority to revise the fee structure expires, the fee structure in place at the time of expiration shall remain in place.

LEAD-ACID BATTERY FEES (Section 260.262)

This act extends, from December 31, 2023, to December 31, 2029, the expiration date for a fee on retail sales of lead-acid batteries.

TIRE FEES (Section 260.273)

This act extends, from December 31, 2025, to December 31, 2031, the expiration date for a fee on retail sales of new tires.

HAZARDOUS WASTE GENERATOR REGISTRATION FEES (Section 260.380)

This act extends, from August 28, 2024, to August 28, 2030, the authority of the Hazardous Waste Management Commission to revise the fee structure applicable to generators of hazardous waste. The act also provides that if the Commission's authority to revise the fee structure expires, the fee structure in place at the time of expiration shall remain in place.

RADIOACTIVE WASTE TRANSPORT FEES (Section 260.392)

This act extends, from August 28, 2024, to August 28, 2030, the expiration date for fees on the transport of radioactive waste and reports on the fees' use.

HAZARDOUS WASTE DISCHARGE FEES (Section 260.475)

This act extends, from August 28, 2024, to August 28, 2030, the Hazardous Waste Management Commission's authority to revise the fee structure applicable to hazardous waste generators for the disposal of hazardous waste. The act also provides that if the Commission's authority to revise the fee structure expires, the fee structure in place at the time of expiration shall remain in place.

DISABLED PERSON WINDSHIELD PLACARDS (Section 301.142)

This act specifies that disabled person windshield placards shall be renewed every 8 years, rather than every 4 years, and specifies that the Department of Revenue may automatically renew current valid placards for a duration of 8 years, or the duration correlating with their physician's statement expiration date, until all permanent placards are on the 8-year renewal cycle.

These provisions are identical to HB 734 (2023), and similar to provisions in SB 114 (2023).

MISSOURI CONSERVATION HERITAGE FOUNDATION LICENSE PLATES (Section 301.469)

This act specifies that application for the emblem-use authorization and payment of the $25 contribution required for Missouri Conservation Heritage Foundation special license plates may be made at the time of vehicle registration. The Director of the Department of Revenue shall deposit the contribution to the credit of the Missouri Conservation Heritage Foundation.

These provisions are identical to HB 142 (2023), provisions in HCS/HB 424 (2023), and provisions in HCS/HB 207 (2023).

LIQUID PETROLEUM METER FEES (Section 323.100)

This act increases, from $75 to $400, the maximum fees the Director of the Department of Agriculture may assess to cover the testing of meters used for the measurement and retail sale of liquified petroleum gas.

These provisions are identical to provisions in the truly agreed to and finally passed HS/HCS/SS/SB 138 (2023), provisions in the truly agreed to and finally passed SS/HB 202 (2023), provisions in HCS/HB 467 (2023), provisions in SCS/HCS/HB 631 (2023), provisions in SCS/HCS/HB 779 (2023), and provisions in SB 335 (2023).

METROLOGY FEES (Section 413.225)

This act requires certain fees assessed by the Director of the Department of Agriculture to be computed on a per-calibration basis rather than at an hourly rate. The act also increases, from $125 to $500, the maximum fees the Director of the Department of Agriculture may assess to cover the testing of certain scales and meters, and removes certain devices from the list of devices specifically included as being subject to the fees. Under the act, the fees may be paid at the time of service, and provides that the fees must be paid within 30 days rather than within 90 days.

MINING FEES, BONDS, AND ASSESSMENTS (Section 444.768)

This act extends, from August 28, 2024, to August 28, 2030, the authority of the Missouri Mining Commission to revise certain fee, bond, or assessment structures. The act also provides that if the Commission's authority to revise the fee structure expires, the fee structure in place at the time of expiration shall remain in place.

FEES FOR SURFACE MINING PERMITS (Section 444.772)

This act extends, from December 31, 2024, to December 31, 2030, the fees for surface mining permits.

REGULATORY SANDBOX ACT (Sections 620.3900 to 620.3930)

This act establishes the "Regulatory Sandbox Act", which creates the Regulatory Relief Office within the Department of Economic Development. The Regulatory Relief Office shall administer the provisions of the act with the purpose of identifying state regulations that could potentially be waived or suspended for participating businesses during a two-year period in which the participating business demonstrates an innovative product offering to consumers.

The Regulatory Relief Office shall maintain a web page on the Department's website that invites residents and businesses to make suggestions regarding regulations that could be modified or eliminated to reduce the regulatory burden of residents and businesses in the state. (Section 620.3905)

The Regulatory Relief Office shall be responsible for evaluating and approving or denying applications to participate in the Sandbox Program. An applicant shall submit an application along with a $300 application fee to the Regulatory Relief Office, which shall include contact information and a description of the innovative offering to be demonstrated, including statements regarding how the innovative offering is subject to licensing, legal prohibition, or other authorization requirements outside of the Sandbox Program; each regulation that the applicant seeks to have waived or suspended while participating in the Sandbox Program; how the innovative offering would benefit consumers; and what risks might exist for consumers who use or purchase the innovative offering, as described in the act.

No later than fifteen business days after the day on which a completed application is received by the Regulatory Relief Office, the Office shall review the application and refer the application to each applicable agency, as defined in the act, that regulates the applicant's business. No later than sixty days after the day on which an applicable agency receives a completed application for review, the applicable agency shall provide a written report to the Sandbox Program director with the applicable agency's findings, including any identifiable, likely, and significant harm to the health, safety, or financial well-being of consumers that the relevant regulation protects against, and a recommendation to the Regulatory Relief Office that the applicant either be admitted or denied entrance into the Sandbox Program. An applicable agency may deny an application for reasons described in the act. The Regulatory Relief Office shall not approve any application denied by an applicable agency. (Section 620.3915)

Upon the receipt of a report from all applicable agencies, the Regulatory Relief Office shall provide the application and associated reports to the General Regulatory Sandbox Program Advisory Committee, which is created by the act. The Advisory Committee shall be composed of eleven members, as described in the act. The Advisory Committee shall advise and make recommendations to the Regulatory Relief Office on whether to approve applications to the Sandbox Program, and may meet at its own discretion to override a decision of the Regulatory Relief Office on the admission or denial of an applicant to the Sandbox Program, provided such override is decided with a two-thirds majority vote of the members of the Advisory Committee, and further provided that such vote shall be taken within fifteen business days of the Regulatory Relief Office's decision. Meetings of the Advisory Committee shall be considered public meetings for the purposes of the Sunshine Law. (Section 620.3910)

Upon approval of an application, a sandbox participant shall have twenty-four months after the day on which its application was approved to demonstrate the innovative offering described in the sandbox participant's application. During such period, the sandbox participant shall be exempt from the regulations outlined in an agreement entered into with the Regulatory Relief Office. Innovative offerings shall only be available to consumers who are residents of this state, and no regulation shall be waived or suspended if such waiver or suspension would prevent a consumer from seeking restitution in the event that the consumer is harmed. A sandbox participant shall not be subject to prosecution or administrative penalty for a violation of any regulation that is waived or suspended during the duration of the participant's demonstration period. (Section 620.3920)

Prior to demonstrating an innovative offering, a sandbox participant shall disclose certain information to consumers, as described in the act. (Section 620.3925)

At least forty-five days prior to the end of a participant's demonstration period, the participant shall notify the Regulatory Relief Office that it either intends to exit the Sandbox Program or that it seeks an extension. The Regulatory Relief Office may grant an extension not to exceed twelve months, and a participant may seek multiple extensions. If a demonstration includes an innovative offering that requires ongoing services or duties beyond the two-year demonstration period, the participant may continue to demonstrate the offering, but shall be subject to all regulations that were waived or suspended as part of the Sandbox Program.

A sandbox participant shall retain certain records for a period of two years after exiting the Sandbox Program.

The Regulatory Relief Office shall establish quarterly reporting requirements for each participant.

No later than forty-five days after a sandbox participant exits the Sandbox Program, such participant shall submit a written report describing an overview of the demonstration. No later than thirty days after receiving such report, an applicable agency shall provide a written report to the Regulatory Relief Office that describes any statutory or regulatory reform the applicable agency recommends. (Section 620.3930)

These provisions are identical to provisions in SS#3/HCS/HB 268 (2023), and substantially similar to SB 1068 (2022), provisions in HCS/SS/SCS/SBs 3 & 69 (2023), provisions in SS/HCS/HB 2587 (2022), provisions in HCS/SS/SCS/SB 931 (2022), provisions in HCS/SS/SB 807 (2022), and provisions in HCS/SS#2/SCS/SB 968 (2022).

WATER SYSTEM CUSTOMER FEES (Section 640.100)

This act extends, from August 28, 2024, to August 28, 2030, the Safe Drinking Water Commission's authority to revise, the fee structure for certain fees applicable to customers of public water systems in the state. The act also provides that if the Commission's authority to revise the fee structure expires, the fee structure in place at the time of expiration shall remain in place.

AIR CONTAMINANT SOURCE FEES (Section 643.079)

This act extends, from August 28, 2024, to August 28, 2030, the Air Conservation Commission's authority to revise the fee structure for air contaminant source permits. The act also provides that if the Commission's authority to revise the fee structure expires, the fee structure in place at the time of expiration shall remain in place.

CLEAN WATER FEES (Section 644.057)

This act extends, from August 28, 2024, to August 28, 2030, the Clean Water Commission's authority to revise the fee structure for clean water fees. The act also provides that if the Commission's authority to revise the fee structure expires, the fee structure in place at the time of expiration shall remain in place.

ERIC VANDER WEERD

Amendments

No Amendments Found.