February 26, 2021
Below are bills pertaining to municipalities that have been introduced. The League will provide weekly updates throughout the legislative session. Additions and changes from last week are in red. Many more bills are being assigned to committees and scheduled for hearings.
HB 168 (Ellebracht) – allows county schools to receive the proceeds of fines for municipal ordinance violations heard by an associate circuit judge in the same manner that they currently collect revenue for fines collected for the breach of state laws.
HB 526 (Haffner) – currently, if a Missouri resident is charged with a moving violation and fails to dispose of the charges as ordered without good cause, the court instructs the resident that it will instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. The court will, as specified in the bill, inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s license. If a Missouri resident is charged only with a minor traffic violation and fails to dispose of the charges as ordered and fails to appear on two return dates without good cause, the court will, within 10 days of the failure to comply, inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. A person whose license is suspended under these provisions will receive limited driving privileges unless the Director of the Department of Revenue finds that the defendant is ineligible for such privileges. General Laws Committee.
HB 712 (Ellebracht) – specifies that in a proceeding for a municipal ordinance violation or any other proceeding before a municipal court, a defendant must not be charged any fee for obtaining a police report or probable cause statement. Such police report or probable cause statement must be provided by the prosecutor upon written request for discovery by the defendant. Judiciary Committee. Heard 2/3. Passed Committee 2/24. Referred Rules Committee.
SB 164 (Cierpiot) – currently, if a Missouri resident charged with a moving traffic violation, other than a minor traffic violation as defined by law, fails to resolve the charges prior to trial as provided by law and fails to appear in court, or without good cause fails to pay fines and court costs or adhere to an approved installment plan, the court shall notify the person by mail that the court will order the Director of the Department of Revenue to suspend their driver’s license if the charges are not resolved within 30 days. Thereafter, if the person does not timely resolve the charges, the court shall notify the Department of Revenue and the Department shall suspend the driver’s license immediately and notify the driver. The suspension shall remain in effect as provided by law. This act specifies that the court may, rather than shall, order the Department of Revenue to suspend the defendant’s license. Furthermore, this act permits the same suspension process for minor traffic violations, except that regarding suspensions for failure to appear, it requires that the defendant have failed to appear in court twice rather than once. Where a defendant is charged exclusively with minor traffic violations, any suspension under the act shall be accompanied by the issuance of a limited driving privilege, as provided by law, unless the defendant is found by the Department of Revenue to be ineligible. Transportation/Public Safety Committee. Hearing 3/2.
Economic Development Bills
HB 213 (Hill) – If a Community Improvement District fails to timely submit a proposed annual budget to the municipality, adopt an annual budget, or submit an annual report to the municipal clerk or the Department, it will be subject to a fine of $100 per day, which will be imposed and collected by the Department and paid into the public school fund of the municipality in which the district is located. Contains many other provisions regarding CIDs. Downsizing Government Committee.
HB 977 (Falkner) – no redevelopment project shall collect economic activity taxes or payments in lieu of taxes from any tax whose revenues are dedicated to a specific purpose unless the governing body of the municipality or the commission established under 99.820 has voted to allow the redevelopment project to collect the economic activity taxes or payments in lieu of taxes of that tax.
HB 981 (Aldridge) – modifies local tax increment financing projects by limiting such projects to redevelopment areas that are found to be blighted. This bill also provides that a redevelopment area must 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”.
SB 22 (Koenig) – modifies several provisions relating to tax increment financing. This act modifies the definitions of “blighted area” and “conservation area” and creates new definitions for “port infrastructure projects”, “retail area”, and “retail infrastructure projects”. This act modifies local tax increment financing projects by providing that a study shall be conducted by a party other than the proponent of the redevelopment plan, which details how the area meets the definition of an area eligible to receive tax increment financing. This act also provides that retail areas, as defined in the act, shall not receive tax increment financing unless such financing is exclusively utilized to fund retail infrastructure projects, as defined in the act, or unless such area is a blighted or conservation area. This act prohibits new projects from being authorized in any Greenfield area. Current law allows districts and counties imposing a property tax for the purposes of providing emergency services to be entitled to reimbursement from the special allocation fund of a portion of the district’s or county’s tax increment. For projects approved after August 28, 2021, this act modifies such provision to allow reimbursement to ambulance districts, fire protection districts, and governing bodies operating a 911 center providing dispatch services and which impose economic activity taxes for such purposes. (Oppose) Ways & Means Committee. Heard 2/4. Passed Committed 2/4. Perfection Calendar. Could be debated at any time.
SB 99 (Koenig) – current law authorizes community improvement districts (CIDs) and transportation development districts (TDDs) to impose a sales tax on purchases made within such districts if approved by a majority of voters living within the district. This act requires such sales taxes to be approved by a majority of the voters of the municipality or county in which the district is located. (Oppose) Ways & Means Committee.
SB 147 (Washington) – modifies numerous provisions to TIF laws. Ways & Means Committee.
SB 221 (Beck) – authorizes the State Auditor to audit any TIF redevelopment project in the same manner that he or she may audit any agency of the state. This act also excludes local sales taxes whose revenue is dedicated to education programs or to a fire protection district from the definitions of “economic activity taxes” and “payment in lieu of taxes” for the purposes of funding TIF districts. This act prohibits the implementation of a TIF redevelopment project without its redevelopment plan receiving approval from the local TIF commission. Ways & Means Committee. Heard 2/25.
SB 247 (Arthur) – allows a school district to exclude real property from a proposed tax increment financing redevelopment area if the school district determines that such redevelopment area will have an adverse effect on such school district. The school district shall adopt a resolution making such determination and shall deliver the resolution to the municipality establishing the redevelopment area. Within thirty days of receiving the resolution, the municipality shall remove such property from the redevelopment area or terminate the redevelopment area. Local Government/Elections Committee.
HB 515 (Baker) – prohibits the contribution or expenditure of public funds, including public resources or specified property, by any officer, board member, director, administrator, employee, or agent of any political subdivision to advocate, support, or oppose any ballot measure or candidate for public office. Individuals are also restricted from specified advocacy before the General Assembly when acting in an official capacity or during work hours. Downsizing State Government Committee. Heard 2/17. Passed Committee 2/24.
HB 556 (Eggleston) – imposes a labeling requirement for political subdivision and special district ballot measures beginning with “Proposition A” and so on consecutively to “Proposition Z” and continuing with double letters in alphabetical order if necessary. If a measure is labeled, but not voted upon at the next election, then it retains its letter designation until it has been voted on. Elections Committee. Heard 2/3. Passed Committee. 2/10. Referred Rules Committee. Passed Committee 2/18.
HB 600 (Eggleston) – removes authority for municipalities under 2000 population to forgo elections if the number of candidates equals the number of seats up for election. Elections Committee.
HB 920 (Baker) – changes municipal election date to November. (Oppose) Downsizing Government Committee. Heard 2/3. Passed Committee 2/10. Referred Rules Committee. Passed Committee 2/18.
HB 1155 (Schroer) – changes municipal filing to 17th Tuesday to 14th Tuesday prior to election day.
SB 7 (Crawford) – amended to change municipal election filing period from the 17th to 14th week prior to election. Perfected 2/24. 3rd Reading Calendar.
SB 150 (Onder) – changes municipal election day to November. Local Government/Elections Committee.
SB 414 (Brattin) – changes municipal elections to the first Tuesday after the first Monday in November each year. Additionally, all elections for local ballot measures, including bond elections, must be held on the general election day or the primary election day. Also requires all candidates for offices in cities, towns, and villages to be nominated through the primary election process. Provisions are further amended allowing for independent candidacies and the formation of new parties in cities, towns, and villages. Local Government/Elections Committee.
SJR 5 (Eigel) – This constitutional amendment, if approved by the voters, requires all proposals for new local taxes or fees or for an increase in an existing tax or fee to be submitted to the voters on a general election day (November of even years). Local Government/Elections Committee.
SJR 8 (Cierpoit) – This constitutional amendment, if approved by the voters, requires the election day for any ballot measure submitted to the qualified voters of any political subdivision or special district that proposes a bond, a new tax or fee, or an increase in an existing tax or fee to be the first Tuesday after the first Monday in August or the first Tuesday after the first Monday in November. Local Government/Elections Committee.
HB 27 (Walsh) – requires posting notice, required under Section 610.020 of the Sunshine Law of meeting times, dates, places, and agendas as well as minutes of open meetings on a public governmental body’s website and social media pages. In addition, public governmental bodies must post proposed and adopted rules, ordinances, laws, or regulations on their website and social media pages within 24 hours after the meeting at which they are proposed or adopted exclusive of weekends and holidays. Government Accountability Committee.
HB 30 (Walsh) – creates an additional restitution option in cases where there is a violation of a specified class four election offense involving the destruction or theft of campaign yard signs. In addition to criminal penalties, the person guilty of such sign destruction or theft may be ordered to pay $500 or the actual cost of the sign, whichever amount is greater, to the owner of the sign. This restitution may be in addition to the election offense penalty or may be imposed in lieu of such penalty.
HB 75 (Murphy) – provides time limited authority for political subdivisions to order closures of businesses, churches, schools, or other public gatherings for reasons of public health or safety. A public official is authorized to order closure for up to 15 days. Closures of up to 45 days must be authorized by a vote of the full governing body of the political subdivision and closures of 45 to 90 days must be approved by the Department of Health and Senior Services. Closures of more than 90 days require the approval of the General Assembly, if in session, or of the Joint Committee on Disaster Preparedness and Awareness, if the closure occurs when the General Assembly is not in session. Small Business Committee. Heard 1/26. Passed Committee 2/2. Referred Rules Committee. Returned to Small Business Committee. Passed Committee 2/23. Referred Rules Committee 2/25.
HB 174 (Ellebracht) – amends the Sunshine Law by changing the definition of “public record” to include the social media pages of a public governmental body, including the personal social media pages of members of the governmental body in specified circumstances. The bill expands the requirements for preservation of communications through electronic means, including social media accounts, and requires the public entity to produce such records in usable electronic format.
HB 204 (Gray) – prohibits any third- or fourth-class city in St. Louis County from imposing a false alarm fee for service upon an alarm user for a false alarm to which the city police department responds if it is the alarm user’s first false alarm in a 12-month period.
HB 227 (Burnett) – repeals the prohibition against political subdivisions imposing any ban, fee, or tax on the use of either paper or plastic bags.
HB 271 (Wiemann) – establishes the “Missouri Local Government Expenditure Database”, to be maintained by the Office of Administration. For each fiscal year beginning after December 31, 2022, the database must include extensive information about a given municipality’s or county’s expenditures and the vendors to whom payments were made. The database must be accessible by the public without charge and have multiple ways to search and filter the information. A municipality or county may voluntarily participate in the database or may be required to participate if a petition process used by its residents is used to require participation as specified in the bill. A link to the database on a municipal or county website is required. Emerging Issues Committee. Heard 1/26. Passed Committee 2/2. Referred Rules Committee 2/3. Passed Rules Committee 2/4. Perfected 2/10. Passed House 2/18.
HB 323 (Hill) – prohibits the renewal of contracts by political subdivisions earlier than three months prior to the expiration of any existing contract. The renewal of one contract shall not automatically entail agreement to a new contract. Definite action such as a vote shall be required to renew a contract and violations of the bill shall render contracts void and of no effect. Downsizing State Government Committee. Heard 2/10. Passed Committee 2/24.
HB 339 (Mayhew) – provides that, for a city of the fourth classification with no more than 2,000 inhabitants, if a statute or ordinance authorizes the mayor to appoint a member of a local board or commission, any requirement that the appointed person be a resident of the city will be deemed satisfied if the person owns real property or a business in the city, regardless of whether the position to which the appointment is made is considered an officer of the city. Rural Development Committee. Heard 2/25.
HB 362 (DeGroot) – allows a public governmental body to close records if the records are related to email addresses and telephone numbers submitted to a public governmental body by individuals or entities for the sole purpose of receiving electronic or other communications. Support. Emerging Issues Committee. (Support) Heard 1/26. Passed Committee 2/2. Referred Rules Committee. Passed Rules Committee 2/4. Perfected 2/10. Passed House 2/18.
HB 365 (Gregory) – specifies that the General Assembly occupies and preempts the entire field of legislation touching in any way the control or regulation of specific breeds of dogs. However, a village, town, city, or county can still prohibit dogs from running at large or to further control or regulate dogs within its boundaries so long as the ordinance, order, policy, or regulation is not breed specific. Local Government Committee. Heard 2/18. Passed Committee 2/25. Referred Rules Committee.
HB 424 (Proudie) – limited liability companies that own or rent real property in St. Louis County would be required to designate by affidavit the name and street address of a natural person with management control of responsibility for the real property. (Support) Urban Issues Committee.
HB 426 (Proudie) – prohibits requests to law enforcement or emergency services for assistance from being considered a public nuisance. Political subdivisions are prohibited from penalizing a resident, tenant, or landlord for a contact made for police or emergency assistance by or on behalf of a victim of abuse, crime, or an individual in an emergency, if the contact was reasonably believed to be necessary or is necessary. If a political subdivision attempts to enforce an ordinance in violation of this prohibition, the resident, tenant, or landlord may file civil suit against the political subdivision for various remedies including a cease-and-desist order, compensatory damages, attorney’s fees, court costs, and other equitable relief.
HB 441 (Falkner) – creates penalties for political subdivisions failing to file annual financial reports, including a public vote for disincorporation. Local Government Committee. Heard 1/28. Passed Committee 2/8. Referred Rules Committee.
HB 491 (Grier) – prohibits municipalities from restricting the operation of a “no-impact home-based business” or otherwise requiring a person to apply for or obtain a permit, license, variance, or other prior approval to operate a no-impact home-based business. The bill establishes a list of factors that qualify a home-based business as a no-impact home-based business. Municipalities can establish reasonable regulations on a home-based business if the regulations are narrowly tailored for specified purposes, including protecting public health and safety. A municipality that enacts a regulation bears the burden of proving by clear and convincing evidence that the regulation complies with this bill. In addition to a reporter, the bill also authorizes any form of audiotape, videotape, or digital recording to provide the required record of a board of adjustment meeting. Downsizing State Government Committee. Heard 2/3. Passed Committee 2/10. Referred Rules Committee. Passed Committee 2/18.
HB 511 (Lovasco) – prohibits the state and any political subdivision of the state from making or enforcing any statute, ordinance, or rule regarding the parking of an unlicensed motor vehicle on private property if the vehicle is wholly within the property boundaries, is parked on a surface suitable for a driveway or parking area, and is not supported by any device other than its own tires unless it is being repaired for a period not to exceed 72 hours. The bill also prohibits the state and any political subdivision from making or enforcing any statute, ordinance, or rule, except for a statute, ordinance, or rule restricting air pollution or noise pollution, that would prohibit or penalize a non-corporate owner or renter of a private, single family residence from using the residence in a way that does not pose a clear and present danger to the health or safety of the neighbors, or would require a non-corporate owner or renter of a private residence to use the property in a way contrary to the wishes of owner or renter.
HB 512 (Lovasco) – requires the Secretary of State to investigate violations of election statutes relating to the use of public funds for political advertising purposes on printed materials. Any person may file a complaint against a state department or its director for violations. The SOS has 30 days to dismiss the complaint or start an investigation and notify the complainant of the decision. If the SOS, or any person whose complaint is denied, wishes to proceed then they may file a petition in the Circuit Court of Cole County against the political subdivision. Procedures for filing are specified in the bill. If the Court finds a violation, then civil penalties of 10 times the amount of an expenditure or $10,000, whichever is greater, may be imposed on a department or political subdivision. Directors and administrators may be personally liable for up to $1,000 in civil penalties. Injunctive relief and court costs shall also be imposed as specified in the bill. Downsizing Government Committee. Heard 2/17. Passed Committee 2/24.
HB 590 (Houx) – requires public officials including those elected or appointed to positions in the state, its agencies, political subdivisions, and special districts to maintain a unique email address and direct phone number or extension for the purpose of constituent contact. These entities shall maintain information about the email address and phone numbers of their public officials on their website or social media pages.
HB 826 (Baker) – creates penalties for political subdivisions failing to file annual financial reports, including a public vote for disincorporation.
HB 1115 (Sander ) – provides that regulations adopted by cities and counties regarding outdoor advertising must not have the effect of prohibiting outdoor advertising in its entirety, unless the location proposed is adjacent to a highway designated as a scenic byway under federal law. In locations where outdoor advertising is prohibited under federal or state law due to proximity to a scenic byway, all utilities must be buried underground.
SB 107 (Crawford) – a village, town, city, or county may prohibit dogs from running at large or further control or regulate dogs within its boundaries so long as the ordinance, order, policy, or regulation is not breed specific. Local Government/Elections Committee. Heard 2/24.
SB 325 (Hegeman) – provides that all public advertisements, notices, orders of publication, and legal publications required by law or directed by the court to be published in a newspaper, newspaper of general circulation, or daily newspaper shall additionally be posted on a website established and maintained by at least a majority of the newspapers whose principal place of business is in Missouri, at no additional cost to the state, to any political subdivision or to any person or entity thereof who shall be responsible for directing the notice be published. When any such notice is required to be published more than once, the newspaper may not charge for the second and successive insertions of the notice at a rate greater than eighty-five percent of the newspaper’s regular local classified advertising rate. In first class counties and the City of St. Louis, boards can set rates which may be charged for public notices and advertisements. This act prohibits any such rates from exceeding rates otherwise permitted by this act. General Laws Committee.
SB 384 (Brown) – 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. Local Government/Election Committee.
SB 433 (Wieland) – under current law, many legal notices are required to be published by a public body or an organization regulated by the state in a newspaper of general circulation within a particular area. This act provides that publication of any such notice shall be considered to have been met if it is posted on the Legal Notices Website required to be established and maintained by the Office of Administration, pursuant to this act. General Laws Committee.
SB 453 (Burlison) – creates a cause of action by any person against a state or local public body if the public body provides, or offers to provide, a competitive service that is also provided by the person within the jurisdiction of the public body. The public body shall not be liable for such a cause of action if the person offered the competitive service after the public body. Additionally, the public body shall not be liable if there is an overriding or compelling public interest in the competitive service, which includes services of the criminal justice system and educational institutions. After obtaining a judgment rendered against the public body, the person shall be entitled to a refund of taxes paid to the public body and the sale of any competitive service made by the person shall be exempted from sales tax. General Laws Committee. Hearing 3/2.
SB 470 (Hoskins) – no city, county, town, village, or political subdivision may adopt or enforce an ordinance, order, or regulation that requires a permit for the installation or use of a battery-charged fence in addition to an alarm system permit issued by such city, county, town, village, or political subdivision. Additionally, such political subdivisions shall not adopt an ordinance or order that imposes installation requirements for such fences or alarm systems or prohibit the use of a battery-charged fence. Local Government/Elections Committee.
HB 88 (Taylor) – currently, a public body may withhold fees from public employee paychecks to pay labor organization dues, agency shop fees, or any other fees paid to a labor organization only upon the annual consent of such public employee. Annual consent is also required for labor organizations to use such fees or dues for political purposes. This bill requires any such authorization to be submitted to the Department of Labor and Industrial Relations, along with clear and compelling evidence that the authorization was freely given. The Department is required to create and maintain an electronic database that allows any public employee to submit or revoke any authorization. Any authorization change will take effect at the beginning of the succeeding pay period.
HB 89 (Taylor) – currently, contractors and subcontractors working on public works projects are required to pay employees the prevailing wage for the locality in which the project is being completed. This bill repeals such prevailing wage laws.
HB 484 (Hicks) – provides that if, preceding the date of injury or death, an employee who is on active duty as a first responder is diagnosed with a mental impairment and he or she was not previously diagnosed with such an impairment, then the impairment shall presumptively be considered an occupational disease and presumed to have arisen out of and in the course of employment. This presumption may be rebutted by the employer or insurer. Public Safety Committee. Heard 2/9.
HB 499 (Schroer) – specifies certain rights a law enforcement officer has when he or she is the subject of an administrative investigation or is being questioned or interviewed. These rights include being informed of the violation, requiring the complaint to be supported by an affidavit, and allowing the officer to have an attorney.
HB 538 (Windham) – establishes “The Blue Pay Fairness Act,” which provides that every Peace Officer Standards and Training (POST) certified peace officer employed in a county with a charter form of government and with more than nine hundred fifty thousand inhabitants shall be paid $20 per hour for work as a peace officer in such county, or wages at the same rate or rates set as the prevailing federal minimum wage applicable to those covered jobs in interstate commerce, whichever rate per hour is higher.
HB 559 (Schroer) – provides that if, preceding the date of injury or death, an employee who is on active duty as a first responder is diagnosed with a mental impairment and such person was not previously diagnosed with such an impairment, the impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment. This presumption may be rebutted by the employer or insurer. Public Safety Committee. Heard 2/23.
HB 863 (Sauls) – allows firefighters and first responders to receive Workers’ Compensation for diseases of the heart or cardiovascular system, any infectious diseases, diseases of the body systems or organs from carcinoma, and diseases of the lungs or respiratory tract.
HB 866 (Nurrenbern) – subjects public employers to the state minimum wage law.
HB 951 (Sauls) – establishes minimum standards that must be followed when a firefighter is under investigation and is subject to interrogation. The standards are specified in the bill and include, but not limited to, notifying the firefighter in writing of the nature of the investigation and who will be conducting and present during the interrogation, as well as the names of the complainants.
HB 1120 (Wiemann) – provides that if, preceding the date of injury or death, an employee who is on active duty as a first responder is diagnosed with cancer and he or she was not previously diagnosed with such an impairment, then the impairment shall presumptively be considered an occupational disease and presumed to have arisen out of and in the course of employment.
SB 102 (Eigel) – creates new provisions relating to occupational diseases for first responders under workers’ compensation laws. Specifically, if, preceding the date of injury or death, an employee who is on active duty as a first responder is diagnosed with a mental impairment and such person was not previously diagnosed such an impairment, then the impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment. This presumption may be rebutted by the employer or insurer. Insurance/Banking Committee.
SB 339 (Luetkemeyer)- certain first responders are presumed to have an occupational disease arising out of and in the course of employment as a first responder if they contract: 1. Any infectious disease; 2) Disease of the lungs or respiratory tract; 3) Disease of the heart or cardiovascular system including, but not limited to, disease of the blood or bone marrow, hypotension, and hypertension; or 4) Disease of the body systems or organs from carcinoma. This presumption may be rebutted by the employer if the employer provides reasonable medical evidence that the first responder was not free of the disease prior to beginning employment. Additionally, psychological stress and mental disorders in certain first responders shall be presumed to be occupational diseases that were contracted in the course and scope of employment if the psychological stress or mental disorder requires medical services or results in physical or mental disability and has been diagnosed by a psychiatrist or psychologist. This presumption may be rebutted. Insurance/Banking Committee.
Public Safety Bills
HB 31 (Walsh) – creates the offense of using a laser pointer, as defined in the bill, by knowingly directing the light from a laser pointer at a uniformed safety officer, including a peace officer as defined in Section 590.010, RSMo, security guard, firefighter, emergency medical worker, or other uniformed municipal, state, or federal officer. Violation of this offense is a class A misdemeanor. Public Safety Committee. Heard 2/23.
HB 39 (Windham) – specifies that no law enforcement agency or political subdivision empowered by law to maintain a law enforcement agency will contract with any public or private entity to provide law enforcement training unless the entity’s instructors and curriculum have been approved by the POST Commission.
HB 41 (Brown) – repeals Section 21.750, RSMo, in which the General Assembly preempted the entire field of firearms regulation. Political subdivisions will now be able to regulate firearms in any manner allowed by state and federal law and that is consistent with their police powers or charter.
HB 52 (Schnelting) – currently, it is a crime to board a bus with a dangerous or deadly weapon or carry such a weapon in a terminal. This bill allows a concealed carry permit holder to lawfully carry firearms on public transportation, as defined in the bill. Anyone with a permit may also carry a firearm while traveling by bus. A person with or without a permit may transport a firearm in a non-functioning state by bus if ammunition is not available. This bill does not apply to property of Amtrak or any partnership in which Amtrak engages. General Laws Committee. Heard 2/1. Passed Committee 2/8. Referred Rules Committee. Passed Committee 2/18. Perfection Calendar.
HB 216 (Hill) – changes to police officer discipline and procedures.
HB 280 (Manlove) – Prohibits police officers from using chokeholds, cartoid restraints, and vascular immobility.
HB 295 (Roberts) – establishes the “Peace Officer Basic Training Tuition Reimbursement Fund”, which will consist of money appropriated by the General Assembly, as well as any gifts, bequests, or donations, and the funds are to be used solely for the administration of the reimbursement program. Qualifying government entities that pay for a person to attend the academy may submit for tuition reimbursement. Crime Prevention Committee. Heard 2/17. Passed Committee 2/23. Referred Rules Committee. Passed Committee 2/25.
HB 428 (Proudie) – beginning January 1, 2022, this bill requires all uniformed peace officers to wear video and audio body cameras while on duty and during interactions with members of the public. The bill makes an exception for the safety of the officer or the public, and for undercover work. The Department of Public Safety shall develop guidelines for the use of these body cameras and state and local law enforcement agencies will provide comprehensive training, as specified in the bill.
HB 461 (Dogan) – requires every law enforcement agency to have a written policy regarding the investigation of officer-involved deaths. The written policy specified in the bill requires an investigation to be conducted by at least two investigators in the case of a traffic-related death; the investigation to use a crash reconstruction unit; and allows for an internal investigation. The investigators investigating must provide a complete report to the prosecutor of the county. Crime Prevention Committee. Heard 2/17.
HB 565 (Gunby) – requires every political subdivision of Missouri with a law enforcement agency to begin, no later than January 1, 2022, performing a comprehensive review of current law enforcement deployments, strategies, policies, procedures, and practices and to begin developing a plan to improve the deployments, strategies, policies, procedures, and practices. The plan will be developed by each such political subdivision in consultation with all interested stakeholders and law enforcement officials, as provided in the bill. The bill specifies what each adopted and implemented plan must contain. Once adopted, the plan must be implemented no later than January 1, 2024. Each political subdivision must submit the adopted plan and verification of implementation to the Governor and the General Assembly by February 1, 2024. The plan must be reviewed, revised, and resubmitted at least every two years.
HB 874 (Davis) – requires small municipal police departments in St. Louis County to consolidate with another municipal police department or the St. Louis County Police Department within five years. (Oppose)
HB 876 (Dogan) – modifies several provisions relating to law enforcement. Crime Prevention Committee. Heard 2/17.
HB 887 (Doll) – 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 956 (Bosley) – creates a cause of action against a police officer who deprives an individual of his or her constitutional rights. Qualified immunity is not a defense to liability for an action brought under this bill. If the peace officer is found liable, his or her employer must pay for any judgment or settlement unless the officer was convicted of a criminal violation for the conduct from which the claim arises.
HB 957 (Bosley) – contains provisions relating to law enforcement officer accountability.
HB 998 (DeGroot) – establishes the “Police Use of Force Transparency Act of 2021”, which provides that all law enforcement agencies must, at least annually, collect and report local data to the National Use of Force Data Collection through the Law Enforcement Enterprise portal administered by the FBI on use-of-force incidents involving peace officers. Law enforcement agencies must also report such data to the Attorney General. Information collected and reported must not include personally identifying information of individual officers. By June 30, 2022, the Attorney General must develop standards and procedures governing the collecting and reporting of the data. The Attorney General must publish the data reported by law enforcement agencies, and the data will be considered a public record, consistent with state law. The Attorney General must analyze trends and disparities in the data and report the findings and make the report available to the public no later than January 1, 2025. Crime Prevention Committee. Heard 2/22.
HB 1016 (Griesheimer) – amended to allow voters in St. Louis County to petition for the creation of a fire district to replace municipal departments. Likely aimed at the 15 municipal departments in the mid-County area. Public Safety Committee. Heard 2/9. Passed Committee 2/23. Referred Rules Committee.
HB 1026 (Lovasco) – currently, local ordinances may limit the discharge of a firearm in certain situations. This bill allows local political subdivisions to have ordinances prohibiting discharge of a firearm within 150 feet of a structure within a political subdivision with the consent of the structure’s owner.
HB 1096 (Walsh) – modifies provision relating to civilian review boards.
HJR 37 (Schroer) – proposed Constitutional amendment prohibits any municipality or other political subdivision that defunds police from increasing the rate of any property tax levied or imposed by the municipality.
SB 26 (Eigel) – creates provisions relating to public safety, including defunding police, Offense of Unlawful Traffic Interference and Law Enforcement Officer Disciplinary Actions. General Laws Committee. Heard 1/26. Passed Committee 2/2. Perfected 2/22. Passed Senate 2/25.
SB 66 (Brattin)- modifies numerous provisions relating to public safety. Provisions include: limits on defunding police; unlawful traffic interference; rioting; vandalism; police discipline. Judiciary/Criminal Jurisprudence Committee. Heard 1/25. Committee Substitute Passed Committee 2/1.
SB 225 (Onder) – Current law makes it a crime to board a bus with a dangerous or deadly weapon or carry such a weapon in a terminal. In addition, weapons may not be carried on any facility or conveyance used for a public transportation system of the Bi-State Development Agency. This act provides that a person carrying a concealed firearm who possesses a valid concealed carry permit or endorsement shall not be prohibited or impeded from accessing or using any public transportation system. The person may not be harassed or detained for carrying a concealed firearm on the property, vehicles, or conveyances owned, contracted, or leased by such systems that are accessible to the public. This act does not apply to property of Amtrak or any partnership in which Amtrak engages. In addition, this act exempts persons transporting non-functioning or unloaded firearms on buses from the crimes prohibiting the possession of weapons on buses. General Laws Committee. Heard 2/9. Passed Committee 2/23.
SB 289 (Brown) – Under current law, all licensed peace officers, as a condition of licensure, must obtain continuing law enforcement education and maintain a current address of record on file with the POST Commission. This act provides that in addition to those requirements for licensure, peace officers must submit to being fingerprinted on or before January 1, 2022, and every six years after for the purposes of a criminal history background check and enrollment in the state and federal Rap Back Program. Additionally, any time a peace officer is commissioned with a different law enforcement agency he or she must submit to being fingerprinted. The criminal history background check shall include the records of the Federal Bureau of Investigation. The resulting report shall be forwarded to the peace officer’s law enforcement agency. The Rap Back enrollment shall be for the purposes of peace officer disciplinary reports as required by law. Finally, this act modifies provisions relating to investigations of peace officers. Under current law, any enforcement agency with information showing a peace officer’s unfitness for licensure must provide such information to the POST Commission. This act provides that any law enforcement officer who has reason to believe that a peace officer has committed a criminal offense, violated probation, or violated POST Commission regulations shall report such information within five days to the Director of the Department of Public Safety. Transportation/Public Safety Committee. Heard 2/9. Passed Committee 2/23. Perfection Calendar.
SB 297 (Roberts) – establishes that the Attorney General shall maintain a database, available to the public, with data reported from the Missouri State Highway Patrol and law enforcement agencies within the state. Transportation/Public Safety Committee.
SB 419 (Washington) – enacts numerous provisions related to use of force by police officers. Criminal Jurisprudence Committee.
SB 420 (Washington) – modifies and creates certain reporting requirements for law enforcement agencies. Transportation/Public Safety Committee.
Taxation & Revenue Bills
HB 210 (Gray) – exempts food, as defined in the bill, from local sales tax. (Oppose)
HB 244 (Porter) – enacts the Streamlined Sales and Use Tax law.
HB 554 (Eggleston) – implements Wayfair sales and use tax law. Requires voters to re-approve use taxes previously approved. Lowers income tax. (Oppose) Ways & Means Committee. Heard 2/10. Passed Committee 2/17. Referred Rules Committee. Passed Committee 2/22. Perfection Calendar. Could be debated this week. Urge Representatives to remove the 2nd use tax vote requirements.
HB 555 (Eggleston) – implements Wayfair sales and use tax law.
- Requires voters to re-approve use taxes previously approved.
- Lowers income tax.
- Requires municipal voter approval of CIDs and TDDs.
- Gradually eliminates video service provider fees.
- Creates penalties for political subdivisions failing to file annual financial reports, including a public vote for disincorporation.
- Changes definition of blight for economic development purposes. (Oppose) Ways & Means Committee.
HB 586 (Knight) – modifies ballot language required for the submission of a local use tax to voters by including language stating that the approval of the local use tax will eliminate the disparity in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers.
HB 588 (Butz) – implements the Streamlined Sales and Use Tax Agreement.
HB 593 (Fitzwater) – implements Wayfair sales and use tax law and revises distribution of countywide use tax into per capita distribution. Countywide use tax still needs voter approval. (Support)
HB 642 (Merideth) – implements the Wayfair Sales and Use Tax Agreement.
HB 644 – (Falkner) – implements the Wayfair Sales and Use Tax Agreement. (Support) Ways & Means Committee. Heard 2/10. Passed Committee 2/17.
HJR 4 (Terry) – Constitutional amendment to reduce property tax assessments on senior citizens and disabled persons by fifty percent. Ways & Means Committee.
HJR 7 (Ellebracht) – authorizes a real property tax rate freeze for seniors. Ways & Means Committee.
HJR 8 (Ellebracht) – constitutional amendment to prohibit the increase of residential property assessments by more than three percent per year.
HJR 17 (Kidd) – constitutional amendment authorizes a tax exemption phased-in at 20% increments over five years to equal 100% of the amount of real property tax paid on a senior citizen’s primary residence. Any qualified taxpayer that utilizes a service in a political subdivision that is authorized to impose a real property tax will be liable to pay that portion of their property tax for that tax year. Ways & Means Committee.
HJR 57 (Wiemann) – constitutional amendment to eliminate personal property tax on January 1, 2027.
SB 24 (Eigel) – current law requires that personal property be assessed at 33.3% of its true value in money. This act reduces such percentage to 25% for the 2022 calendar year, 19% for the 2023 calendar year, 13% for the 2024 calendar year, 7% for the 2025 calendar year, and 0.001% for all subsequent years. (Oppose) Ways & Means Committee. Heard 1/25. Passed Committee 2/4. Perfection Calendar.
SB 97 (Hoskins) – see SB 153
SB 123 (Hough) – in addition to any local sales tax imposed or authorized to be imposed as of January 1, 2022, this act authorizes any taxing jurisdiction to impose one or more sales taxes for purposes to be designated by the taxing jurisdiction, provided that the total combined rate of local sales taxes imposed by a taxing entity that is an incorporated city, town, or village shall not exceed 4.5%; the total combined rate of local sales taxes imposed by a county shall not exceed 3.25%; and for all other taxing jurisdictions, the total combined rate of sales taxes in any given taxing jurisdiction shall not exceed 3.25%. Such limits shall not apply to transient guest taxes or convention and tourism taxes. In any election in which more than one sales tax levy is approved by the voters, and the passage of such levies results in a combined rate of sales tax more than the limits provided under the act, only the sales tax levy receiving the most votes shall become effective. (Support) Local Government/Elections Committee. Heard 1/27. Passed Committee 2/3. Perfection Calendar.
SB 153 (Koenig) – enacts the Wayfair sales and use tax law and revises the St. Louis County use tax ballot language and use tax distribution. (Support) Ways & Means Committee. Heard 2/11. Passed Committee 2/25. Perfection Calendar.
SB 161 (Carwford) – modifies ballot language required for the submission of a local use tax to voters by including language stating that the approval of the local use tax will eliminate the disparity in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers. Local Government/Elections Committee.
SB 248 (Arthur) – Implements the Wayfair Use Tax law. Ways & Means Committee. Heard 2/11.
SB 287 (Crawford) – Implements the Wayfair Use Tax law and revises the St. Louis County use tax ballot language and use tax distribution. (Support) Local Government Committee. Heard 2/10. Passed Committee 2/24.
SB 462 (Koenig) – provides that any person operating a food establishment shall only be required to apply for a food establishment permit or license from either the county in which the licensee proposes to operate his or her business or the city in which the licensee proposes to operate his or her business, if the city has more than 5,000 inhabitants. However, a political subdivision may still require fees to operate such business. A food establishment is an operation that stores, prepares, packages, vends, or otherwise provides food for human consumption, including a restaurant or catering operation. This act provides that any person possessing the qualifications and meeting the requirements of Missouri laws for the sale of intoxicating liquor and the ordinances of any county, city, village, or town in which the person operates his or her business shall only be required to apply for a license for the sale by the drink of intoxicating liquor from either the county in which the person operates his or her business or the city in which the person operates his or her business, if the city has more than 5,000 inhabitants. The person shall continue to pay any fees required by the county and city in which the person operates his or her business. Local Government/Elections Committee.
SB 486 (Razer) – changes reauthorization vote for St. Louis and Kansas City earnings tax from every 5 years to every 10 years.
SJR 9 (Cierpiot) – This constitutional amendment, if approved by the voters, provides that any proposal by the state or a county, municipality, or other political subdivision for a new tax or fee, an increase in an existing tax or fee, or a reauthorization of an existing tax or fee that is submitted to the voters for approval shall not become effective unless it receives a qualified majority in favor and at least 22% of qualified voters cast a ballot in the election. Local Government/Elections Committee.
SJR 27 (Cierpiot) – constitutional amendment, if approved by the voters, provides a property tax exemption for personal property over a certain age. Beginning in the 2023 calendar year, the exemption shall apply to personal property older than ten years, with such exemption expanding each year until, beginning in the 2026 calendar year and all subsequent years, the exemption shall apply to personal property older than seven years. Local Government/Elections Committee.
Transportation and Vehicle Bills
HB 114 (Butz) – will increase the tax on motor fuel by $0.10 from its current level of $0.17 per gallon to $0.27 cents per gallon using incremental increases of $0.02 per gallon beginning January 1, 2022 and ending on January 1, 2026. It would also require alternative fuels to be taxed at a substantially similar rate approved by the Department of Agriculture beginning January 1, 2028. (Support)
HB 294 (Roberts) – repeals certain provisions that authorize arrest warrants for failure to respond, pay the assessed fine, or appear in court with respect to a traffic citation issued for an infraction under Chapter 304, RSMo, and instead authorizes a court to issue a notice of failure to respond, pay the assessed fine, or appear. No driver’s license or driver’s license renewal shall be issued if the applicant has delinquent fines and fees in connection with the traffic offense that have not been satisfied. Criminal Justice Committee. Heard 2/9. Passed Committee 2/23. Referred Rules Committee.
HB 694 (Francis) – will increase the tax on motor fuel by $0.10 from its current level of $0.17 per gallon to $0.27 cents per gallon using incremental increases of $0.02 per gallon beginning January 1, 2022 and ending on January 1, 2026. Subject to voter approval.
HB 1044 (Ruth) – increases the tax by 2 cents per year over a period of 5 years. When the act is fully implemented, the excise tax on motor fuel will be 27 cents per gallon. Citizens could apply for a refund of the additional tax amount.
SB 252 (Onder) – requires that 0.5% of the 3% state sales tax shall be deposited into the State Road Fund. The remaining 2.5% shall continue to be deposited into the General Revenue Fund. The act phases in the amount deposited into the State Road Fund over a period of five years, with an increase of 0.1% each year. Transportation/Public Safety Committee.
SB 262 (Schatz) – increases the tax by 2 cents per year over a period of 5 years. When the act is fully implemented, the excise tax on motor fuel will be 27 cents per gallon. Citizens could apply for a refund of the additional tax amount. (Support) Transportation/Public Safety Committee. Heard 2/2. Committee Substitute Passed Committee 2/9. Perfection Calendar. Could be debated this week.
SJR 21 (Schatz) – This proposed constitutional amendment, if approved by voters, establishes a minimum motor fuel tax of 19 cents per gallon in 2022, and increases this minimum tax by 2 cents per year over a period of 4 additional years. When the amendment is fully implemented, the minimum motor fuel tax will be 27 cents per gallon. Transportation/Public Safety Committee.
Utility, Cable and Video Bills
HB 321 (Fitzwater) – Any ordinance adopted by a municipal or county government that allows an electric corporation to install and maintain infrastructure for supplying electricity also must grant the right to install and maintain broadband infrastructure, either directly or through broadband affiliates. Contains other provisions in the “Electrical Corporation Broadband Authorization Act”.
HB 386 (Fitzwater) – establishes the Task Force on the Future of Right-Of-Way Management and Taxation and modifies the law regarding video service providers. Also lowers vide franchise fees from 5% to 2.5 % over 5 years. Utilities Committee.
HB 735 (Riggs) – authorizes two or more political subdivisions, upon a vote of eligible voters, to form a broadband infrastructure improvement district for the delivery of broadband Internet service to their residents. A district has the power to contract with a broadband Internet service provider to provide broadband Internet service to the residents of the district. A district may finance the provision or expansion of broadband Internet service through grants, loans, bonds, or user fees. The bill also establishes the composition and operation of the District Governing Board.
HB 1160 (Riggs) – creates the 21st Century Missouri Broadband Deployment Task Force.
SB 108 (Cierpiot) – allows two or more municipalities to form a broadband infrastructure improvement district for the delivery of broadband internet service to the residents of such municipalities. A district created under the act shall have to power to contract with a broadband internet service provider to provide broadband internet service to the residents of the district. A district may finance the provision or expansion of broadband internet service through grants, loans, bonds, user fees, or a sales tax, not to exceed one percent. The act also sets forth the composition and operation of the district governing board. Commerce Committee. Heard 2/10. Passed Committee 2/24. Perfection Calendar.
SB 163 (Cierpiot) – creates the Task Force on the Future of Right-of-Way Management and Taxation consisting of 16 members as set forth in the act. The purpose of the Task Force is to study best methods for right-of-way management, taxation of video services, and the future revenue needs of municipalities and political subdivisions as such revenue relates to video services. Also reduces video franchise fee from 5% to 2.5% over 5 years. Commerce Committee. Heard 2/10. Passed Committee 2/24. Perfection Calendar.