WEEK ENDING 1/5/18
The legislature went into session on Wednesday. Prior to that a number of bills had been pre-filed. Below are bills of interest to municipal officials.
HB 1249 (Plocher) – Allows a court to order credit for time served when an individual has been held in custody for a show cause order pertaining to any matter related to a minor traffic violation. The bill further requires any summons, notice to appear, or citation for a minor traffic violation to include the date and time a defendant is to appear in court when the defendant is first provided the summons, notice to appear, or citation. If the summons does not include such information when first given to the defendant, the summons will be void. General Laws Committee
HB 1307 (Ellebracht) – Specifies that limits on fines for traffic violations shall not apply if the defendant is represented by counsel and entered into a plea agreement with the court.
HB 1327 (Roberts) – Allows a law enforcement agency to file a motion, on its own behalf in circuit court, to properly dispose of seized property.
HB 1475 (Brattin) – Modifies the definition of the terms “annual general operating revenue” and “minor traffic violation” as applied in provisions regarding the assessment of fines in minor traffic violation and municipal ordinance violation cases. “Annual general operating revenue” now includes, rather than excludes, designated sales or use taxes, restricted user fees, grant funds, funds expended for technological assistance and other revenue designated for a specific purpose. “Minor traffic violation” now excludes, rather than includes, amended charges.
HB 1522 (Davis) – Increases municipal court costs from $12 to $17.50.
HB 1556 (Neely) – Allows any local governing agency to establish a work for restitution program and requires certain nonviolent offenders to participate in and complete the program. Corrections Committee
SB 553 (Dixon) – Repeals provisions stating that failure to appear procedures in moving traffic violation cases, which include driving license suspension, shall not apply to minor traffic violations. The terms “annual general operating revenue”, “minor traffic violation”, and “municipal ordinance violation”, as applied in provisions regarding the assessment of fines in minor traffic violation and municipal ordinance violation cases, are modified. The act repeals a provision prohibiting defendants in minor traffic violation or municipal ordinance violation cases from being placed in confinement for failure to pay a fine unless such nonpayment violates terms of probation or unless due process procedures are followed. Under the act, if such defendant fails to appear and the court finds there is not good cause for failing to appear, then the current limitations regarding fines and confinement shall not apply. Under current law, a county or municipality that has a municipal court must submit a financial report to the auditor. This act provides that a county or municipality will meet compliance with this requirement by filing a statement confirming that twenty percent or less of its general revenue comes from fines, bond forfeitures, and court costs in municipal court cases. stating that the community service alternatives are to be offered at no cost to the defendant.
SB 692 (Emery) – Modifies the definition of the terms “annual general operating revenue” and “minor traffic violation” as applied in provisions regarding the assessment of fines in minor traffic violation and municipal ordinance violation cases. “Annual general operating revenue” now includes, rather than excludes, designated sales or use taxes, restricted user fees, grant funds, funds expended for technological assistance and other revenue designated for a specific purpose. “Minor traffic violation” now excludes, rather than includes, amended charges.
Economic Development Bills
HB 1234 (Stacy) – Requires election authorities to conduct transportation development district director elections upon the filing of a petition with the court. Such elections will follow the same procedure and notice provisions under Chapter 115 as other elections and shall be held on the general election day. If the measure passes, the election authority will provide notice to the court which has authority to authorize the formation of the transportation development district. Elections Committee
HB 1236 (Stacy) – Requires a 30-day comment period before a municipality may pass an ordinance establishing a TIFredevelopment project or Community Improvement District. The municipality pursuing a TIF project or CID must alsopost information regarding the proposed project or plan, public hearings, and certain disclaimers on a public website.
This bill also provides that the board or body overseeing a special taxing district may have their property or sales taxes excluded from a TIF project or plan by passing a resolution with a 2/3 majority provided certain notice and public comment requirements are met. A school board of a school district may also have its portion of property tax revenue allocated to the district by a county or city excluded from a TIF project or plan by passing a resolution with a2/3 majority provided certain notice and public comment requirements are met.
HB 1280 (Beck) – Authorizes the State Auditor to audit any redevelopment project created under the TIF Act within the state in the same manner as the auditor can audit any agency of the state. The bill changes the definitions of “economic activity taxes” to exclude local sales taxes dedicated to an education program or a fire protection district and “payment in lieu of taxes” to exclude revenue from any tax levied on real property whose revenue is dedicated to an education program or a fire protection district. The bill requires a redevelopment commission to approve a redevelopment plan before the redevelopment project can begin.
HB 1466 (Berry) – Authorizes municipalities to establish technology business facility projects and authorizes tax exemptions for such projects.
HB 1568 (Christofanelli) – This bill requires a 30-day comment period before a municipality may pass an ordinance establishing a TIF redevelopment project or Community Improvement District. In addition, the municipality pursuing a TIF project or CID must also post information regarding the proposed project or plan, public hearings, and certain disclaimers on a public website.
HB 1700 (Green) – Requires TIF commissions to give priority to low-income areas, as specified in the bill. These provisions apply for any redevelopment project that is approved by a municipality after June 30, 2019. Tax increment financing cannot be used for more than 5% of the total estimated redevelopment costs or 30% of the infrastructure costs, whichever is greater, of a project that is primarily retail unless the redevelopment is in a municipality, census block group, or group of block groups with a median household income less than 70% of that of the metropolitan area, a distressed community, a federal enterprise zone, or a federal empowerment zone.
HB 1847 (Kidd) – Specifies that a school board may vote to remove its operating levy from a certain definition related to tax increment financing for redevelopment projects.
SB 629 (Wasson) – TIF plans or projects approved prior to August 28, 2018, which are expanded with buildings of new construction, and for all redevelopment plans or projects approved after August 28, 2018, no single redevelopment plan or project shall receive an appropriation of state funds that exceeds three million dollars annually.
SB 859 (Koenig) – Modifies local TIF projects by limiting such projects to redevelopment areas that are found to be blighted. This act also provides that a redevelopment area shall not be found to be blighted without a study conducted by a party other than the municipality and developer which details how the redevelopment area meets the definition of “blighted area”.
HJR 65 (Ellington) – Constitutional amendment to require public approval in the relevant county before authorizing tax increment financing.
HB 1265 (Schroer) requires candidates for all statewide offices, the General Assembly, political subdivisions, and special districts to use his or her legal last name as changed by marriage or court order, or maiden name as it appears on his or her birth certificate when declaring his or her candidacy to run for office.
HB 1284 (Conway, 10) – Requires the state and political subdivisions to share the costs of elections held among such entities in a proportional manner and applies in the case of general elections and primary elections.
HB 1423 (Roeber) – Prohibits the contribution or expenditure of public funds by any officer, board member, director, employee, or agent of any political subdivision to advocate, support, or oppose any ballot measure, any measure proposed or pending before the General Assembly, or candidate for public office.
HB 1446 (Eggleston) – Increases population limit to 2000 for municipalities to forgo elections if the number of candidates equals the number of seats to be filled. Elections Committee
HB 1567 (Christofanelli) – Changes the filing period for political subdivision and special district elections to the period beginning on 8:00 a.m. on the 17th Tuesday prior to the election day and ending at 5:00 p.m. on the 14th Tuesday prior to the election day.
SB 592 (Hegeman) – Modifies several provisions relating to elections.
HJR 50 (Plocher) – Constitutional amendment to increase term limits to 12 years in one chamber or 16 years combined.
HJR 52 (Lichtenegger) – Constitutional amendment to increase terms of senators to 6 years and reps to 4 years. Increases term limits to 12 years in one chamber and 24 years total.
HB 1396 (Shaul) – Prohibits political subdivisions from adopting ordinances restricting the use of plastic bags or other disposable containers. Local Government Committee
HB 1398 (DeGroot) – Prohibits villages, towns, and cities from regulating dogs in a breed-specific manner. Local Government Committee
HB 1496 (Dogan) – Prohibits lobbyists from giving gifts to local government officials, with an exception for group gifts. General Laws Committee
HB 1508 (Cross) – Provides that no person or entity that rents or leases real property shall be required to obtain a business license by any political subdivision.
HB 1510 (Cross) – Changes the laws regarding local ordinances so that no political subdivision may require interior inspections of private residences
HB 1547 (Davis) – Changes the laws regarding unsecured loans of $750 or less, commonly known as payday loans.
HB 1683 (Runions) – provides that, as an alternative to the Municipal Planning Commission electing its chair, beginning with the first term after the expiration of the term of the commission chair serving on the effective date of this subsection, the mayor, with the approval of the board or council, must appoint one citizen member from the first ward of the municipality to be chair of the planning commission; thereafter, the term of chair shall be for one year, and the position of chair shall rotate among wards in numerical order.
SB 580 (Libla) – Allows legally required notice to be published on a website established and maintained by the Secretary of State, rather than in a newspaper.
SB 769 (Cunningham) – Modifies several provisions relating to financial transactions by public entities.
SB 837 (Rowden) – Establishes the Uniform Small Wireless Facility Deployment Act.
SB 853 (Wallingford) – Prohibits political subdivisions from adopting ordinances restricting the use of auxiliary containers, such as plastic bags or other disposable containers.
SJR 21 (Chappelle-Nadal) – Constitutional amendment to require the question of whether to recall the county executive to be submitted to voters in St. Louis County.
Personnel & Labor Bills
HB 1243 (Bangert) – Establishes a presumption that an emergency worker diagnosed with post-traumatic stress disorder incurred the disorder in the course of employment as an emergency worker.
HB 1277 (Beck) – Repeals the law that specifies that a person cannot be required to become or refrain from becoming a member of or paying dues to a labor organization as a condition or continuation of employment.
HB 1282 (Beck) – modifies the Fairness in Public Construction Act by permitting the state or any political subdivision to enter into a union-only project labor agreement for the procurement of construction services on a project-by-project basis if the project is funded 50% or less with state funds.
HB 1641 (Roden) – Establishes a presumption that a firefighter assigned to a certain number of years of hazardous duty, exposed to certain agents, and disabled as a result of cancer incurred the cancer in the course of employment as a firefighter.
HB 1647 (Shroer) – Modifies provisions relating to workers’ compensation for firefighters and police officers.
SB 602 (Onder) – Modifies and expands the Public Sector Labor Law.
Police & Public Safety Bills
HB 1316 (Mitten) – Requires a peace officer to provide an oral advisement and obtain written consent for a voluntary search of a person not under arrest or the person’s effects or vehicle.
HB 1323 (Roberts) – Prohibits ticket quotas by police.
HB 1456 (Lauer) – Changes the laws regarding funding for emergency 911 services, administration of 911 funding, Missouri 911 Service Board, and the cooperation and contracting between emergency services providers.
HB 1497 (Dogan) – Requires law enforcement agencies to adopt a written investigation policy for officer-involved deaths.
HB 1501 (Dogan) – Prohibits law enforcement agencies from transferring seized property to a federal agency in forfeiture litigation except if the seized property is $100,000 or more in currency.
HB 1519 (Rieboldt) – Allows law enforcement officers to enforce the seat belt law as a stand-alone offense.
HB 1536 (Butler) – adds a requirement that the Peace Officer Standards and Training (POST) commission include in its requirements for continuing education a requirement that all peace officers complete a minimum of 72 total credit hours of continuing education training within each 3-year reporting period.
HB 1537 (Butler) – Creates the Quality Policing Act that establishes reporting and conduct guidelines for law enforcement agencies.
HB 1583 (Franks) – Requires the director of the department of public safety to initiate disciplinary action when the director is presented with any information demonstrating cause to discipline a peace officer licensee.
HB 1642 (Roden) – Counties are prohibited from requiring attendance at a specific training academy by candidates for firefighter positions but are allowed to require a specific certification from any training academy.
HB 1780 (Ellington) – Establishes law enforcement procedures relating to racial profiling, searches and seizures, and traffic stops.
HB 1815 (Smith) – Requires police officers in St. Louis County to be paid a minimum of $20 per hour.
SB 560 (Chappelle-Nadal) – Creates the “Fair and Impartial Policing Act of 2017”, which requires the reporting of certain information regarding stops by law enforcement officers.
SB 570 (Silvey) – Cancer contracted by a firefighter shall be presumed as an occupational disease under certain circumstances.
SB 621 (Hummel) – Cancer contracted by a firefighter shall be presumed as an occupational disease under certain circumstances.
SB 651 (Nasheed) – Law enforcement agencies may require their uniformed law enforcement officers to wear video cameras on their uniforms while on duty. The bill also sets procedures for data storage and allows a court surcharge to fund the cameras.
SB 828 (Nasheed) – Creates a process for reducing bias in policing.
SB 854 (Wallingford) – Modifies provisions relating to emergency communication services
Public Works Bills
HB 1270 (Lant) – Allows the residents of a county to vote to exempt public subdivisions and public institutions of higher education from the prevailing wage law for the construction of public works constructed wholly within the county. Economic Development Committee
HB 1272 (Lant) – Allows public bodies to opt out of prevailing wage laws for the construction of public works projects that are $750,000 or less. Economic Development Committee
HB 1293 (Toalson Reich) – Repeals prevailing wage law. Economic Development Committee
HB 1436 (Love) – Repeals prevailing wage law. Economic Development Committee
HB 1594 (Davis) – Allows municipalities to opt out of the prevailing wage law. Economic Development Committee
HB 1621 (Rehder) – Repeals prevailing wage law. Economic Development Committee
HB 1729 (Justus) – Repeals prevailing wage law. Economic Development Committee
SB 555 (Brown) – Repeals prevailing wage law.
SB 599 (Schatz) – Stipulates that the prevailing hourly rate of wages shall be equivalent to the average hourly wage rate in each locality as determined by the Missouri Economic Research and Information Center within the Department of Economic Development. The prevailing wage law shall only apply to the construction of public works for which the contract awarded is more than $500,000.
SB 609 (Hoskins) – Repeals prevailing wage law.
SB 688 (Sater) – Modifies the definition of “construction” for purposes of prevailing wage laws. The definition of “maintenance work” is also modified to include repairs that restore existing facilities to a previous state or condition or improve the utility or enhance the appearance of existing facilities when the size, type or extent of the existing facilities is not thereby changed or increased. Maintenance work further includes any improvement done that does not exceed the original cost of the facility.
Taxation & Revenue Bills
HB 1479 (Brattin) – Implements the Streamlined Sales and Use Tax Agreement and dedicates the resulting revenue to the State Road Fund.
HB 1513 (Corlew) – Establishes a limit on residential property assessment increases for the elderly and disabled who own and live in their principal residence proportional to the increase of their Social Security benefit.
HB 1599 (Fraker) – Removes the $2,000 threshold for out-of-state purchases, upon voter approval, before a use tax is required to be filed.
HB 1699 (Quade) – Implements the Streamlined Sales and Use Tax Agreement and directs the savings created to certain funds.
HB 1824 (Fitzwater) – Implements streamlined sales and use tax agreement, increases gas tax by 6 cents and reduces state income tax rates.
HB 1836 (Adams) – Implements streamlined sales and use tax agreement.
HB 1855 (Curtis) – Repeals a provision preempting political subdivisions from passing any tax increase on cigarettes or tobacco.
HB 1879 (Fraker) – Changes the laws regarding financial transactions by public entities.
HJR 58 (Brattin) – Constitutional amendment to exempt seniors owning property for 30 years from property taxes and personal property taxes for property owned for 10 years.
HJR 60 (Cross) – Constitutional amendment to eliminate personal property taxes.
SB 611 (Koening) – Increases gas tax to 21 cents. Caps local sales tax rates at 7.275% and implements streamlined sales tax agreement.
SB 617 (Eigel) – Implements streamlined sales tax agreement and increases gas tax to 23 cents.
SB 734 (Schatz) – Increases the gas tax to 27 cents.
SJR 30 (Koenig) – Eliminates income taxes and replaces them with an expanded sales and use tax.
SJR 31 (Eigel) – Places a cap on annual appropriations and reduces income tax rates based on revenue growth.
Traffic & Vehicle Bills
HB 1386 (Spencer) – Prohibits the use of red light cameras and speed cameras.
HB 1393 (Gregory) – Requires law enforcement to file accident reports with the highway patrol for certain bicycle accidents.
SB 847 (Eigel) – Prohibits the use of red light cameras and speed cameras.