Legislative Update 4/30/2021

LEGISLATIVE UPDATE 4-30-21

 

April 30, 2021

 During the last 3 weeks of the session, most of the hearings will be on bills from the other chamber.  Changes from the last report are in red.  Bills which have not had a hearing have been deleted.  Bills which have not been perfected are unlikely to pass and have been lined through.

 Court Bills

 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.  Heard 4/12.  Passed Committee 4/19.

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.  Passed Committee 3/30.

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.  Heard 3/2.  Passed Committee 3/9.

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.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee.  Passed Committee 4/8.  Informal Perfection Calendar.

 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.  Perfected 3/2.  Passed Senate 3/4.  House Economic Development Committee.  Heard 3/25.  Passed Committee 4/1.  Referred Rules Committee.  Passed Committee.  Informal House 3rd Reading Calendar.

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.  Passed Committee 4/1.

Election Bills

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.  Referred Rules Committee.  Passed Committee 3/3.

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.  Perfected 4/13.  Passed House 4/19.  Senate General Laws Committee.  Heard 4/27.

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.   Informal Perfection Calendar.

HB 1427 (Plocher) – constitutional charter counties (including St. Louis County) may amend their charters to allow nonpartisan municipal elections. The amendment shall provide that all primary elections shall have a single, nonpartisan ballot listing all candidates who properly file to run for a particular office and that the two candidates receiving the most votes for a particular office on the nonpartisan ballot shall advance to the municipal general election without regard to those candidates’ party affiliation.  Elections Committee.  Heard 3/24.   

 Miscellaneous Bills

 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.  Heard 3/8.  Passed Committee 3/22.  Referred Rules Committee.  Passed Committee 3/25.  Perfected 4/13.  Passed House 4/15.  Senate Government Accountability Committee.  Heard 4/29.

 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, then for a second period of up to 15 days upon approval of the government entity’s legislative body. The order closure may be extended an addition 10 days at a time up to three times upon a 2/3’s vote of the governmental entity’s legislative body. After three extensions of 10 days any additional 10 day extension shall be upon unanimous approval of the government entity’s legislative body.  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.  Passed Committee 2/25.  Perfected 3/3.  Passed House 3/11.  Senate Health/ Pensions Committee.  Heard 3/31.  Passed Committee 4/15.  Senate Informal 3rd Reading Calendar.

 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.  Senate Local Government Committee.  Heard 3/31.  Passed Committee 4/14.  Passed Senate 4/28.  Language added in Senate prohibiting political subdivisions from enacting new taxes and fees on satellite and/or streaming services.  (Oppose)

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.  Passed Committee 3/4. Referred Rules Committee.  Passed Committee 4/1.  House Informal Perfection Calendar.

 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.  Senate Governmental Accountability Committee.  Heard 3/25.  Passed Committee 4/1.  Senate Informal 3rd Read Calendar.

 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 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.  Passed Committee 3/11.  Perfected 4/14.  Informal Perfection Calendar.

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.  Informal Perfection Calendar.

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.  Downsizing Government Committee.  Heard 3/31.  Passed Committee 4/7. Referred Rules Committee.  Passed Committee 4/12.  Informal Perfection Calendar.

HB 512 (Lovasco) – requires the Missouri Ethics Commission 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. If the Missouri Ethics Commission or a court determines that there has been a violation of section 115.646, it shall impose penalties such as subjecting the department, director of state department, political subdivision, or principal officer of the subdivision or special district, to civil penalties in an amount equal to 10 times the expenditure that violated the section or $10,000, whichever is greater. The defendant will also be ordered to pay the plaintiff’s attorney’s fees and court costs. Downsizing Government Committee.  Heard 2/17.  Passed Committee 2/24.  Referred Rules Committee.  Passed Committee 3/4.  Perfected 4/13.  Defeated on 3rd Reading.

HB 1209 (Morse) – currently, political subdivisions that fail to submit the required annual financial statement to the State Auditor are fined $500 a day. This bill reduces the fine to an amount of not more than 10% of the total sales and use tax revenue of the fiscal year for which the annual financial statement was not filed for municipalities with fewer than 3,500 inhabitants.  Local Government Committee.  Heard 3/25.  Passed Committee 4/1.   Referred Rules Committee.

HB 1336 (Riggs) – prohibits any city, county, town, village, or political subdivision from adopting or enforcing 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 the city, county, town, village, or political subdivision. Additionally, such political subdivisions cannot 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 Committee.  Heard 4/15.  Passed Committee 4/22.  Referred Rules Committee.

HB 1356 (Smith) – establishes the “Committee on Local Recovery Accountability and Transparency” to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse. The committee shall coordinate and conduct oversight of funds received by political subdivisions under the American Rescue Plan of 2021 and any subsequent economic stimulus or budget stabilization plan as enacted by Congress after February 28, 2021, and before January 1, 2022. Under this bill, local governments must report receipt of such funds and their expenditures within 30 days in a format determined by the Committee. The bill empowers the Committee to request additional information from political subdivisions; to hold hearings, take testimony, and receive evidence; and to review specified contracts or grants and the bidding on such contracts and grants. The bill requires that the Committee submit annual reports to the General Assembly and the Governor outlining its findings.  Budget Committee.  Heard 4/26.

 HB 1374 (McCreery) – requires that a sewer district must notify a condominium owner that it is responsible for and served by its own lateral sewer line each time a notification of change of assessment is sent to the property owner. This bill also exempts specific lateral sewer service fees from the tax limitations of Section 139.031, RSMo, but allows class action challenges under the Hancock Amendment.  Government Accountability Committee.  Heard 4/19.  Passed Committee 4/28.  Referred Rules Committee.

 HB 1408 (Plocher) – if a business is closed for at least 60 days solely due to a shutdown order, any fee for a business license will be waived for the business during the period of the shutdown order or six months, whichever is more. Fees for a business license may be prorated. This bill will not apply to a license or certification of an individual to practice a profession. The state will reimburse political subdivisions for revenues lost due to this section.  Small Business Committee.  Heard 3/23.  Passed Committee 3/23.  Referred Rules Committee.  Passed Committee 4/7.  Informal Perfection Calendar.

 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.  Passed Committee 3/3.

 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.  Heard 3/2.  Passed Committee 3/23.

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.  Heard 3/24.  Passed Committee 3/31.

SB 547 (Hoskins) – creates penalties for political subdivisions failing to file annual financial reports, including a public vote for disincorporation.  Local Government Committee.   Heard 3/10.  Passed Committee 3/24.  Informal  Perfection Calendar.

Personnel Bills

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.  Economic Development Committee.  Heard 4/1.  Passed Committee 4/8.  Referred Rules Committee.  Passed Committee 4/19.

 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.  Crime Prevention Committee.  Heard 3/8.  Passed Committee 3/22.  Referred Rules Committee.  Passed Committee 3/30.  Perfection Calendar.

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.  Passed Committee 3/2.  Referred Rules Committee.

 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.  Public Safety Committee.  Heard 4/13.  Passed Committee 4/20.  Referred Rules Committee.

 HB 1249 (Seitz) – recognizes posttraumatic stress disorder as an occupational disease, under Chapter 287 dealing with workers compensation, when diagnosed in specified first responders.  Public Safety Committee.  Heard 3/23.  Passed Committee 3/30.  Referred Rules Committee.  Passed Committee 4/26.

 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.  Passed Committee 3/2.  Referred Rules Committee.

 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.  Perfected 3/3.  Passed House 3/8.  Senate General Laws Committee.  Heard 3/30.  Passed Committee 4/8.

 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.  Perfected 3/24.  Passed House 3/29.  Senate Transportation/Public Safety Committee.

 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.  Passed Committee 3/22. Referred Rules Committee.  Passed Committee 4/8.  Perfection Calendar.

 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)  Heard 3/9.  Reported “Do Not Pass” on a 7-0 vote.

 HB 876 (Dogan) – creates several provisions relating to law enforcement agency accountability. The language bans choke holds, defines sexual misconduct by police officers, creates peace officer training certification requirements, and establishes certification requirements for law enforcement officers looking for employment in Missouri. During the Committee’s discussion, substitute language was adopted to modify the bill to mirror the Senate version by clarifying the definition of chokehold and sexual misconduct by a police officer while on duty.  Crime Prevention Committee.  Heard 2/17.  Passed Committee 3/1.  Referred Rules Committee.  Passed Committee 3/3.  Perfected 4/26.  Informal 3rd Reading Calendar.

 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

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.  Passed Committee 3/9.  Informal Perfection Calendar.

 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.  House Crime Prevention Committee.  Heard 3/22.  Passed Committee 3/29.  Referred Rules Committee.  Passed Committee 4/8.  Informal House 3rd Read Calendar.

 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.  Law enforcement officers and law enforcement agencies shall take all necessary steps to maintain officer enrollment in Rap Back for as long as an officer is commissioned with that agency. All law enforcement agencies shall enroll in the state and federal Rap Back programs on or before January 1, 2022.  Transportation/Public Safety Committee.  Heard 2/9.  Passed Committee 2/23.  Perfected 3/31.  Passed Senate 4/1.  House Government Accountability Committee.  Heard 4/19.  Passed Committee 4/26.  Referred Rules Committee.

Taxation & Revenue Bills

 HB 554 (Eggleston) – implements Wayfair sales and use tax law.  Requires voters to re-approve use taxes previously approved.  Lowers income tax. Amended on House floor to prohibit municipal taxes, licenses and fees on video or streaming services. (Oppose) Ways & Means Committee.  Heard 2/10.  Passed Committee 2/17.  Referred Rules Committee.  Passed Committee 2/22.  Perfected 3/9.  Passed House 3/11.  Senate Ways & Means Committee.  Heard 4/1.

 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.

Heard 2/17.  Passed Committee 3/3.  Referred Rules Committee.  Passed Committee 3/11.  Informal Perfection Calendar.

 HB 644 – (Falkner) – implements the Wayfair Sales and Use Tax Agreement.  (Support) Ways & Means Committee.  Heard 2/10.  Passed Committee 2/17.  Referred Rules Committee.

 HB 1243 (Murphy) – requires that if the voters in a political subdivision approve an increase to the tax rate ceiling prior to the expiration of a previously approved temporary levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy increase expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase unless voters of the political subdivision are asked to approve an additional permanent increase and such increase is approved.  Downsizing Government Committee.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee.  Passed Committee 4/8.

 HJR 4 (Terry) – Constitutional amendment to reduce property tax assessments on senior citizens and disabled persons by fifty percent.  Ways & Means Committee.  Heard 3/3.

 HJR 7 (Ellebracht) – authorizes a real property tax rate freeze for seniors.  Ways & Means Committee.  Heard 4/21.

 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.  Heard 3/3.  Passed Committee 3/10.  Referred Rules Committee.  Passed Committee 3/23.  Perfected 4/26.  3rd Reading Calendar.

 HJR 57 (Wiemann) – constitutional amendment to eliminate personal property tax on January 1, 2027.  (Oppose) Ways & Means Committee.  Heard 4/7.

 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.  Informal Perfection Calendar.

 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.  Informal 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.  Amended to include video franchise reduction beginning on 2023.  A House Committee Substitute was offered that removes the cash operating fund, revises the Earned Income Tax Credit language to look more like language contained in HB 1139, speeds up the income tax reduction, and requires a second local use tax vote.   Ways & Means Committee.  Heard 2/11.  Passed Committee 2/25.  Perfected 3/10.  Passed Senate 3/11.  House Ways & Means Committee.  Heard 4/14. Passed Committee 4/21.  Informal 3rd Reading Calendar.  Senator Koenig said after the hearing and said he remains steadfast in his opposition to the second local use tax vote.  It is important to understand that the bill has been changed to require cities and counties that have already passed a local use tax, to go back to the voters to pass another local use tax in order to capture revenue from any “new” online transactions. No one really seems to know how this would work and what problems a second local use tax election would create.
It is important for those cities that have already passed a local use tax, to contact their state representative to let them know how difficult it would be for cities to go back to the voters to ask for another local use tax.  The League has consistently taken the position that this is not a new use tax and, therefore, a second use tax vote is not necessary.

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.  Informal Perfection Calendar.

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.  Heard 3/31.

Transportation and Vehicle Bills

 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.

 SB 262 (Schatz) – increases the tax by 2.5 cents per year over a period of 5 years. When the act is fully implemented, the excise tax on motor fuel will be 32 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.  Perfected 3/10.  Passed Senate 3/11.   House Transportation Committee.  Heard 4/21.  Passed Committee 4/26.  Referred Rules Committee.

 Utility, Cable and Video Bills

 HB 1378 (Black) – allows two or more partnering entities to form a broadband infrastructure improvement district or partnership for the delivery of broadband internet service to the residents of such municipalities or service areas.  Utilities Committee.   Heard 4/7.

 SB 27 (Crawford) – modifies provisions relating to county officials.  Local Government Committee.  Heard 1/27.  Passed Committee 2/3.  Perfected 2/24.  Passed Senate 3/4.  House Downsizing Government Committee.  Heard 4/28.  Passed Committee 4/29.  Language added in Senate Committee prohibiting political subdivisions from enacting new taxes and fees on satellite and/or streaming services.  (Oppose)

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.  Amended on Senate floor to prohibit municipal taxes, licenses and fees on video or streaming services. (Oppose) Commerce Committee.  Heard 2/10.  Passed Committee 2/24.  Perfected 3/24.  Passed Senate 3/25.  House Utilities Committee.  Heard 4/29.

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.  Informal Perfection Calendar.

SB 559 (Schatz) – any public utility engaged in providing fiber networks to customers using fiber networks, built whole or in part in a political subdivision’s right-of-way, who is not subject to franchise fees or gross receipts tax before August 28, 2021, shall pay to the political subdivision a gross receipts tax of 7.5% and shall not pay a linear foot fee.  Commerce/Environment Committee.  Heard 3/31.  Passed Committee 4/21.

Legislative Update

 

April 23, 2021

 

PDF LEGISLATIVE UPDATE 4-23-21

 

During the last 3 weeks of the session, most of the hearings will be on bills from the other chamber.  Changes from the last report are in red.  Bills which have not been assigned to committee have been deleted.  Bills which have not had a hearing are unlikely to pass and have been lined through.

 Court Bills

 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.  Heard 4/12.  Passed Committee 4/19.

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.  Passed Committee 3/30.

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.  Heard 3/2.  Passed Committee 3/9.

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.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee.  Passed Committee 4/8.

 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.  Ways & Means Committee.

 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.  Perfected 3/2.  Passed Senate 3/4.  House Economic Development Committee.  Heard 3/25.  Passed Committee 4/1.  Referred Rules Committee.  Passed Committee.  House 3rd Reading Calendar.

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.  Passed Committee 4/1.

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.

Election Bills

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.  Referred Rules Committee.  Passed Committee 3/3.

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.  Perfected 4/13.  Passed House 4/19.  Senate General Laws Committee.  Hearing 4/27.

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.  Perfected 4/13.   The bill is on the  House Perfection Calendar and could be brought up on Monday for a vote that, if passed, would send this measure to the Senate for their consideration.  If you have not yet contacted your State Representative to voice your strong opposition to HB 920, please do so before 4 p.m. on Monday, April 26.

HB 1427 (Plocher) – constitutional charter counties (including St. Louis County) may amend their charters to allow nonpartisan municipal elections. The amendment shall provide that all primary elections shall have a single, nonpartisan ballot listing all candidates who properly file to run for a particular office and that the two candidates receiving the most votes for a particular office on the nonpartisan ballot shall advance to the municipal general election without regard to those candidates’ party affiliation.  Elections Committee.  Heard 3/24.

SB 7 (Crawford) – amended to change municipal election filing period from the 17th to 14th week prior to election.  Perfected 2/24.  Passed Senate 3/4.  House Downsizing Government Committee.

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.

 Miscellaneous Bills

 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.  Heard 3/8.  Passed Committee 3/22.  Referred Rules Committee.  Passed Committee 3/25.  Perfected 4/13.  Passed House 4/15.  Senate Government Accountability Committee.

 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, then for a second period of up to 15 days upon approval of the government entity’s legislative body. The order closure may be extended an addition 10 days at a time up to three times upon a 2/3’s vote of the governmental entity’s legislative body. After three extensions of 10 days any additional 10 day extension shall be upon unanimous approval of the government entity’s legislative body.  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.  Passed Committee 2/25.  Perfected 3/3.  Passed House 3/11.  Senate Health/ Pensions Committee.  Heard 3/31.  Passed Committee 4/15.  Senate 3rd Reading Calendar.

 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.  Senate Local Government Committee.  Heard 3/31.  Passed Committee 4/14.  Senate Informal 3rd Reading Calendar.

 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.  Passed Committee 3/4. Referred Rules Committee.  Passed Committee 4/1.

 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.  Senate Governmental Accountability Committee.  Heard 3/25.  Passed Committee 4/1.  Senate 3rd Read Calendar.

 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 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.  Passed Committee 3/11.  Perfected 4/14.  Informal Perfection Calendar.

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.  Informal Perfection Calendar.

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.  Downsizing Government Committee.  Heard 3/31.  Passed Committee 4/7. Referred Rules Committee.  Passed Committee 4/12.

HB 512 (Lovasco) – requires the Missouri Ethics Commission 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. If the Missouri Ethics Commission or a court determines that there has been a violation of section 115.646, it shall impose penalties such as subjecting the department, director of state department, political subdivision, or principal officer of the subdivision or special district, to civil penalties in an amount equal to 10 times the expenditure that violated the section or $10,000, whichever is greater. The defendant will also be ordered to pay the plaintiff’s attorney’s fees and court costs. Downsizing Government Committee.  Heard 2/17.  Passed Committee 2/24.  Referred Rules Committee.  Passed Committee 3/4.  Perfected 4/13.  Defeated on 3rd Reading.

HB 1209 (Morse) – currently, political subdivisions that fail to submit the required annual financial statement to the State Auditor are fined $500 a day. This bill reduces the fine to an amount of not more than 10% of the total sales and use tax revenue of the fiscal year for which the annual financial statement was not filed for municipalities with fewer than 3,500 inhabitants.  Local Government Committee.  Heard 3/25.  Passed Committee 4/1.   Referred Rules Committee.

HB 1336 (Riggs) – prohibits any city, county, town, village, or political subdivision from adopting or enforcing 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 the city, county, town, village, or political subdivision. Additionally, such political subdivisions cannot 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 Committee.  Heard 4/15.  Passed Committee 4/22.  Referred Rules Committee.

HB 1356 (Smith) – establishes the “Committee on Local Recovery Accountability and Transparency” to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse. The committee shall coordinate and conduct oversight of funds received by political subdivisions under the American Rescue Plan of 2021 and any subsequent economic stimulus or budget stabilization plan as enacted by Congress after February 28, 2021, and before January 1, 2022. Under this bill, local governments must report receipt of such funds and their expenditures within 30 days in a format determined by the Committee. The bill empowers the Committee to request additional information from political subdivisions; to hold hearings, take testimony, and receive evidence; and to review specified contracts or grants and the bidding on such contracts and grants. The bill requires that the Committee submit annual reports to the General Assembly and the Governor outlining its findings.  Budget Committee.  Hearing 4/26.

 HB 1374 (McCreery) – requires that a sewer district must notify a condominium owner that it is responsible for and served by its own lateral sewer line each time a notification of change of assessment is sent to the property owner. This bill also exempts specific lateral sewer service fees from the tax limitations of Section 139.031, RSMo, but allows class action challenges under the Hancock Amendment.  Government Accountability Committee.  Heard 4/19.

 HB 1408 (Plocher) – if a business is closed for at least 60 days solely due to a shutdown order, any fee for a business license will be waived for the business during the period of the shutdown order or six months, whichever is more. Fees for a business license may be prorated. This bill will not apply to a license or certification of an individual to practice a profession. The state will reimburse political subdivisions for revenues lost due to this section.  Small Business Committee.  Heard 3/23.  Passed Committee 3/23.  Referred Rules Committee.  Passed Committee 4/7.  Informal Perfection Calendar.

 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.  Passed Committee 3/3.

 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.  Heard 3/2.  Passed Committee 3/23.

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.  Heard 3/24.  Passed Committee 3/31.

SB 547 (Hoskins) – creates penalties for political subdivisions failing to file annual financial reports, including a public vote for disincorporation.  Local Government Committee.   Heard 3/10.  Passed Committee 3/24.  Informal  Perfection Calendar.

Personnel Bills

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.  Economic Development Committee.  Heard 4/1.  Passed Committee 4/8.  Referred Rules Committee.  Passed Committee 4/19.

 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.  Crime Prevention Committee.  Heard 3/8.  Passed Committee 3/22.  Referred Rules Committee.  Passed Committee 3/30.  Informal Perfection Calendar.

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.  Passed Committee 3/2.  Referred Rules Committee.

 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.  Public Safety Committee.  Heard 4/13.  Passed Committee 4/20.  Referred Rules Committee.

 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.  Public Safety Committee.

 HB 1249 (Seitz) – recognizes posttraumatic stress disorder as an occupational disease, under Chapter 287 dealing with workers compensation, when diagnosed in specified first responders.  Public Safety Committee.  Heard 3/23.  Passed Committee 3/30.  Referred Rules Committee.

 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.  Passed Committee 3/2.  Referred Rules Committee.

 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.  Perfected 3/3.  Passed House 3/8.  Senate General Laws Committee.  Heard 3/30.  Passed Committee 4/8.

 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.  Perfected 3/24.  Passed House 3/29.  Senate Transportation/Public Safety Committee.

 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.  Passed Committee 3/22. Referred Rules Committee.  Passed Committee 4/8.  Informal Perfection Calendar.

 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)  Heard 3/9.  Reported “Do Not Pass” on a 7-0 vote.

 HB 876 (Dogan) – creates several provisions relating to law enforcement agency accountability. The language bans choke holds, defines sexual misconduct by police officers, creates peace officer training certification requirements, and establishes certification requirements for law enforcement officers looking for employment in Missouri. During the Committee’s discussion, substitute language was adopted to modify the bill to mirror the Senate version by clarifying the definition of chokehold and sexual misconduct by a police officer while on duty.  Crime Prevention Committee.  Heard 2/17.  Passed Committee 3/1.  Referred Rules Committee.  Passed Committee 3/3.  Informal Perfection Calendar.

 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.  Passed Committee 3/1. Referred Rules Committee.  Passed Committee 3/3.

 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.  Passed Committee 3/9.  Informal Perfection Calendar.

 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.  House Crime Prevention Committee.  Heard 3/22.  Passed Committee 3/29.  Referred Rules Committee.  Passed Committee 4/8.  House 3rd Read Calendar.

 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.  Law enforcement officers and law enforcement agencies shall take all necessary steps to maintain officer enrollment in Rap Back for as long as an officer is commissioned with that agency. All law enforcement agencies shall enroll in the state and federal Rap Back programs on or before January 1, 2022.  Transportation/Public Safety Committee.  Heard 2/9.  Passed Committee 2/23.  Perfected 3/31.  Passed Senate 4/1.  House Government Accountability Committee.  Heard 4/19.

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 554 (Eggleston) – implements Wayfair sales and use tax law.  Requires voters to re-approve use taxes previously approved.  Lowers income tax. Amended on House floor to prohibit municipal taxes, licenses and fees on video or streaming services. (Oppose) Ways & Means Committee.  Heard 2/10.  Passed Committee 2/17.  Referred Rules Committee.  Passed Committee 2/22.  Perfected 3/9.  Passed House 3/11.  Senate Ways & Means Committee.  Heard 4/1.

 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.

Heard 2/17.  Passed Committee 3/3.  Referred Rules Committee.  Passed Committee 3/11.  Informal Perfection Calendar.

 HB 644 – (Falkner) – implements the Wayfair Sales and Use Tax Agreement.  (Support) Ways & Means Committee.  Heard 2/10.  Passed Committee 2/17.  Referred Rules Committee.

 HB 1243 (Murphy) – requires that if the voters in a political subdivision approve an increase to the tax rate ceiling prior to the expiration of a previously approved temporary levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy increase expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase unless voters of the political subdivision are asked to approve an additional permanent increase and such increase is approved.  Downsizing Government Committee.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee.  Passed Committee 4/8.

 HJR 4 (Terry) – Constitutional amendment to reduce property tax assessments on senior citizens and disabled persons by fifty percent.  Ways & Means Committee.  Heard 3/3.

 HJR 7 (Ellebracht) – authorizes a real property tax rate freeze for seniors.  Ways & Means Committee.  Heard 4/21.

 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.  Heard 3/3.  Passed Committee 3/10.  Referred Rules Committee.  Passed Committee 3/23.  Perfection Calendar.

 HJR 57 (Wiemann) – constitutional amendment to eliminate personal property tax on January 1, 2027.  (Oppose) Ways & Means Committee.  Heard 4/7.

 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.  Informal Perfection Calendar.                              

 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.  Informal 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.  Amended to include video franchise reduction beginning on 2023.  A House Committee Substitute was offered that removes the cash operating fund, revises the Earned Income Tax Credit language to look more like language contained in HB 1139, speeds up the income tax reduction, and requires a second local use tax vote.   Ways & Means Committee.  Heard 2/11.  Passed Committee 2/25.  Perfected 3/10.  Passed Senate 3/11.  House Ways & Means Committee.  Heard 4/14. Passed Committee 4/21.  Senator Koenig said after the hearing and said he remains steadfast in his opposition to the second local use tax vote.  It is important to understand that the bill has been changed to require cities and counties that have already passed a local use tax, to go back to the voters to pass another local use tax in order to capture revenue from any “new” online transactions. No one really seems to know how this would work and what problems a second local use tax election would create.
It is important for those cities that have already passed a local use tax, to contact their state representative to let them know how difficult it would be for cities to go back to the voters to ask for another local use tax.  The League has consistently taken the position that this is not a new use tax and, therefore, a second use tax vote is not necessary.

SB 161 (Crawford) – 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.  Informal Perfection Calendar.

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.   Ways & Means Committee.

SJR 9 (Cierpiot) – 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.  Heard 3/31.

Transportation and Vehicle Bills

 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.

 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 2.5 cents per year over a period of 5 years. When the act is fully implemented, the excise tax on motor fuel will be 32 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.  Perfected 3/10.  Passed Senate 3/11.   House Transportation Committee.  Heard 4/21.

 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 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 1160 (Riggs) – creates the 21st Century Missouri Broadband Deployment Task Force to evaluate the status of broadband deployment in the state, evaluate the deployment process, and make recommendations about how to best increase broadband Internet deployment to certain residents.   Utilities Committee.

 HB 1378 (Black) – allows two or more partnering entities to form a broadband infrastructure improvement district or partnership for the delivery of broadband internet service to the residents of such municipalities or service areas.  Utilities Committee.   Heard 4/7.

 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.  Amended on Senate floor to prohibit municipal taxes, licenses and fees on video or streaming services. (Oppose) Commerce Committee.  Heard 2/10.  Passed Committee 2/24.  Perfected 3/24.  Passed Senate 3/25.  House Utilities Committee.  Hearing 4/28.

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.  Informal Perfection Calendar.

SB 559 (Schatz) – any public utility engaged in providing fiber networks to customers using fiber networks, built whole or in part in a political subdivision’s right-of-way, who is not subject to franchise fees or gross receipts tax before August 28, 2021, shall pay to the political subdivision a gross receipts tax of 7.5% and shall not pay a linear foot fee.  Commerce/Environment Committee.  Heard 3/31.  Passed Committee 4/21.

SB 570 (Hough) – allows two or more partnering entities, as defined in the act, to form a broadband infrastructure improvement district or partnership for the delivery of broadband internet service to the residents of such municipalities or service area.  A district composed wholly of partnering entities that are municipalities 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/Environment Committee.

LEGISLATIVE UPDATE 4/9/2021

 

pdf – LEGISLATIVE UPDATE 4-9-21

April 9, 2021

 

Below are bills pertaining to municipalities that have been introduced.  Debate will still continue on many bills on municipal interest and hearings of bills from the other chamber will begin.  Changes from the last report are in red.

 Court Bills

 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.  Hearing 4/12.

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.  Passed Committee 3/31.

HB 1227 (Gray) – specifies that if the court finds that a defendant is indigent or is without sufficient disposable income to pay restitution, court costs, fees, expenses, or fines in whole or in installments over a one-year period, upon motion of the defendant, the court must consider sentencing the defendant to perform community service under conditions as may be established by the court in lieu of paying restitution, court costs, fees, expenses, or fines for all traffic offenses deemed infractions or class D misdemeanors or violations of any ordinance of any political subdivision.

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.  Heard 3/2.  Passed Committee 3/9.

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.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee.  Passed Committee 4/8.

 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.  Ways & Means Committee.

 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”.

 HB 1198 (Manlove) – prohibits property tax and sales tax revenues dedicated to a school district to be reduced or redirected by any program, special taxing district, or political subdivision, and any calculation of payment in lieu of taxes must not include any tax revenues dedicated to a school district.

 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.  Perfected 3/2.  Passed Senate 3/4.  House Economic Development Committee.  Heard 3/25.  Passed Committee 4/1.  Referred Rules Committee.

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.  Passed Committee 4/1.

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.

Election Bills

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.  Referred Rules Committee.  Passed Committee 3/3.

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.  Informal Perfection Calendar.

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.  Informal Perfection Calendar.  Contact House members to oppose this bill or any effort to shift only tax elections to the November ballot.

HB 1155 (Schroer) – changes municipal filing to 17th Tuesday to 14th Tuesday prior to election day.

HB 1250 (Clement) – requires committees paying for printed matter relating to ballot measures or candidates to include in the “paid for by” statement a list of the names of the three largest donors to the committee in the preceding quarter.

HB 1344 (Rowland) – requires ranked choice voting and instant runoff voting in political subdivisions to ensure that the winner receives a majority, rather than a plurality, of the votes.

HB 1427 (Plocher) – constitutional charter counties (including St. Louis County) may amend their charters to allow nonpartisan municipal elections. The amendment shall provide that all primary elections shall have a single, nonpartisan ballot listing all candidates who properly file to run for a particular office and that the two candidates receiving the most votes for a particular office on the nonpartisan ballot shall advance to the municipal general election without regard to those candidates’ party affiliation.  Elections Committee.  Heard 3/24.

SB 7 (Crawford) – amended to change municipal election filing period from the 17th to 14th week prior to election.  Perfected 2/24.  Passed Senate 3/4.

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.

 Miscellaneous Bills

 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.  Heard 3/8.  Passed Committee 3/22.  Referred Rules Committee.  Passed Committee 3/25.  Perfection Calendar

 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, then for a second period of up to 15 days upon approval of the government entity’s legislative body. The order closure may be extended an addition 10 days at a time up to three times upon a 2/3’s vote of the governmental entity’s legislative body. After three extensions of 10 days any additional 10 day extension shall be upon unanimous approval of the government entity’s legislative body.  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.  Passed Committee 2/25.  Perfected 3/3.  Passed House 3/11.  Senate Health/ Pensions Committee.  Heard 3/29.

 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.  Senate Local Government Committee.  Heard 3/31.

 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.  Passed Committee 3/4. Referred Rules Committee.  Passed Committee 4/1.

 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.  Senate Governmental Accountability Committee.  Heard 3/25.

 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.  Passed Committee 3/11.  Perfection Calendar.

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.  Informal Perfection Calendar.

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.  Downsizing Government Committee.  Heard 3/31.  Passed Committee 4/7. Referred Rules Committee.

HB 512 (Lovasco) – requires the Missouri Ethics Commission 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. If the Missouri Ethics Commission or a court determines that there has been a violation of section 115.646, it shall impose penalties such as subjecting the department, director of state department, political subdivision, or principal officer of the subdivision or special district, to civil penalties in an amount equal to 10 times the expenditure that violated the section or $10,000, whichever is greater. The defendant will also be ordered to pay the plaintiff’s attorney’s fees and court costs. Downsizing Government Committee.  Heard 2/17.  Passed Committee 2/24.  Referred Rules Committee.  Passed Committee 3/4.  Informal Perfection Calendar.

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.

HB 1209 (Morse) – currently, political subdivisions that fail to submit the required annual financial statement to the State Auditor are fined $500 a day. This bill reduces the fine to an amount of not more than 10% of the total sales and use tax revenue of the fiscal year for which the annual financial statement was not filed for municipalities with fewer than 3,500 inhabitants.  Local Government Committee.  Heard 3/25.  Passed Committee 4/1.   Referred Rules Committee.

HB 1336 (Riggs) – prohibits any city, county, town, village, or political subdivision from adopting or enforcing 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 the city, county, town, village, or political subdivision. Additionally, such political subdivisions cannot adopt an ordinance or order that imposes installation requirements for such fences or alarm systems or prohibit the use of a battery-charged fence.

HB 1353 (Pietzman) – requires, in counties that have adopted a building code as defined in the bill, that all home inspections or other inspections of residential buildings must be consistent with the standards and requirements of the code.

 HB 1356 (Smith) – establishes the “Committee on Local Recovery Accountability and Transparency” to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse. The committee shall coordinate and conduct oversight of funds received by political subdivisions under the American Rescue Plan of 2021 and any subsequent economic stimulus or budget stabilization plan as enacted by Congress after February 28, 2021, and before January 1, 2022. Under this bill, local governments must report receipt of such funds and their expenditures within 30 days in a format determined by the Committee. The bill empowers the Committee to request additional information from political subdivisions; to hold hearings, take testimony, and receive evidence; and to review specified contracts or grants and the bidding on such contracts and grants. The bill requires that the Committee submit annual reports to the General Assembly and the Governor outlining its findings.  Budget Committee.

 HB 1374 (McCreery) – requires that a sewer district must notify a condominium owner that it is responsible for and served by its own lateral sewer line each time a notification of change of assessment is sent to the property owner. This bill also exempts specific lateral sewer service fees from the tax limitations of Section 139.031, RSMo, but allows class action challenges under the Hancock Amendment.  Government Accountability Committee.

 HB 1408 (Plocher) – if a business is closed for at least 60 days solely due to a shutdown order, any fee for a business license will be waived for the business during the period of the shutdown order or six months, whichever is more. Fees for a business license may be prorated. This bill will not apply to a license or certification of an individual to practice a profession. The state will reimburse political subdivisions for revenues lost due to this section.  Small Business Committee.  Heard 3/23.  Passed Committee 3/23.  Referred Rules Committee.  Passed Committee 4/7.  Perfection Calendar.

 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.  Passed Committee 3/3.

 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.  Heard 3/2.  Passed Committee 3/23.

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.  Heard 3/24.  Passed Committee 3/31.

SB 547 (Hoskins) – creates penalties for political subdivisions failing to file annual financial reports, including a public vote for disincorporation.  Local Government Committee.   Heard 3/10.  Passed Committee 3/24.  Perfection Calendar.

 Personnel Bills

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.  Economic Development Committee.  Heard 4/1.  Passed Committee 4/8.

 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 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.  Crime Prevention Committee.  Heard 3/8.  Passed Committee 3/22.  Referred Rules Committee.  Passed Committee 3/30.

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.  Passed Committee 3/2.  Referred Rules Committee.

 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.  Public Safety Committee.  Hearing 4/13.

 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.  Public Safety Committee.

 HB 1246 (Sauls) – allows firefighters and certain first responders including emergency and 911 dispatchers to receive Workers’ Compensation benefits for occupational diseases that are 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 1249 (Seitz) – recognizes posttraumatic stress disorder as an occupational disease, under Chapter 287 dealing with workers compensation, when diagnosed in specified first responders.  Public Safety Committee.  Heard 3/23.  Passed Committee 3/30.  Referred Rules Committee.

 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.  Passed Committee 3/2.  Referred Rules Committee.

 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.  Perfected 3/3.  Passed House 3/8.  Senate General Laws Committee.  Heard 3/30.  Passed Committee 4/8.

 HB 216 (Hill) – changes to police officer policies and disciplinary 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.  Perfected 3/24.  Passed House 3/29.  Senate Transportation/Public Safety Committee.

 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.  Passed Committee 3/22. Referred Rules Committee.  Passed Committee 4/8.

 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)  Heard 3/9.  Reported “Do Not Pass” on a 7-0 vote.

 HB 876 (Dogan) – creates several provisions relating to law enforcement agency accountability. The language bans choke holds, defines sexual misconduct by police officers, creates peace officer training certification requirements, and establishes certification requirements for law enforcement officers looking for employment in Missouri. During the Committee’s discussion, substitute language was adopted to modify the bill to mirror the Senate version by clarifying the definition of chokehold and sexual misconduct by a police officer while on duty.  Crime Prevention Committee.  Heard 2/17.  Passed Committee 3/1.  Referred Rules Committee.  Passed Committee 3/3.  Informal Perfection Calendar.

 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.  Passed Committee 3/1. Referred Rules Committee.  Passed Committee 3/3.

 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.  Passed Committee 3/9.  Informal Perfection Calendar.

 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.

 HB 1168 (Gray) – requires each law enforcement agency to establish a written policy regarding the handling of deaths involving law enforcement officers. The policies must be approved by the Peace Officer Standards and Training Commission.

 HB 1170 (Gray) – establishes the “Community Relations Training Program for Peace Officers”. Peace officers will receive training in diversity, sensitivity, and cultural competency, as well as training aimed at maintaining open avenues of communication between communities and police departments throughout Missouri.

 HB 1172 (Gray) – changes current law to allow a law enforcement officer to use deadly force when all other reasonable means of apprehension have been exhausted or are unavailable, the officer has given notice of his or her identity as an officer and a warning that deadly force may be used unless resistance or flight ceases, and the officer reasonably believes that the person to be arrested has committed or attempted to commit a felony or is attempting to escape and possesses a deadly weapon.

 HB 1199 (Manlove) – lengthy police reform bill which includes provision that establishes “The Blue Pay Fairness Act,” which provides that every Peace Officer Standards and Training (POST) certified peace officer employed in St. Louis County 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 1272 (Davis) – prohibits law enforcement agencies from adopting any policy that requires the closure or redaction of certain information from a public record unless the record or any part of the record is required by law to be closed or redacted.

 HB 1331 (Trent) – provides that the General Assembly occupies and preempts the entire field of legislation regarding in any way the regulation of physical security measures around private property to the complete exclusion of any order, ordinance, policy, or regulation by any village; town; city, including any home rule city; or county in this state. Any existing or future order, ordinance, policy, or regulation in this field is or shall be null and void. The bill does not prohibit municipalities and counties from regulating the aesthetics of physical security measures; access to the public right-of-way, a sidewalk, or utility easement; the structural soundness of physical security measures; or changes to the drainage of a property.

 HB 1386 (Schwadron) – allows municipalities which contract for fire service to levy a sales tax of up to 1/2 cent.

 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.  House Crime Prevention Committee.  Heard 3/22.  Passed Committee 3/29.  Referred Rules Committee.  Passed Committee 4/8.

 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.  Perfected 3/31.  Passed Senate 4/1.  House Government Accountability Committee.

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. Amended on House floor to prohibit municipal taxes, licenses and fees on video or streaming services. (Oppose) Ways & Means Committee.  Heard 2/10.  Passed Committee 2/17.  Referred Rules Committee.  Passed Committee 2/22.  Perfected 3/9.  Passed House 3/11.  Senate Ways & Means Committee.  Heard 4/1.

 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.

Heard 2/17.  Passed Committee 3/3.  Referred Rules Committee.  Passed Committee 3/11.  Informal Perfection Calendar.

 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.  Referred Rules Committee.

 HB 1243 (Murphy) – requires that if the voters in a political subdivision approve an increase to the tax rate ceiling prior to the expiration of a previously approved temporary levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy increase expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase unless voters of the political subdivision are asked to approve an additional permanent increase and such increase is approved.  Downsizing Government Committee.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee.  Passed Committee 4/8.

 HJR 4 (Terry) – Constitutional amendment to reduce property tax assessments on senior citizens and disabled persons by fifty percent.  Ways & Means Committee.  Heard 3/3.

 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.  Heard 3/3.  Passed Committee 3/10.  Referred Rules Committee.  Passed Committee 3/23.  Perfection Calendar.

 HJR 57 (Wiemann) – constitutional amendment to eliminate personal property tax on January 1, 2027.  (Oppose) Ways & Means Committee.  Heard 4/7.

 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.  Informal Perfection Calendar.                              

 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.  Informal 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.  Amended to include video franchise reduction beginning on 2023.  (Support) Ways & Means Committee.  Heard 2/11.  Passed Committee 2/25.  Perfected 3/10.  Passed Senate 3/11.  House Ways & Means Committee.  Hearing 4/14.

SB 161 (Crawford) – 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.  Perfection Calendar.

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.   Ways & Means Committee.

SJR 9 (Cierpiot) – 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.  Heard 3/31.

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 2.5 cents per year over a period of 5 years. When the act is fully implemented, the excise tax on motor fuel will be 32 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.  Perfected 3/10.  Passed Senate 3/11.

 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 to evaluate the status of broadband deployment in the state, evaluate the deployment process, and make recommendations about how to best increase broadband Internet deployment to certain residents.   Utilities Committee.

 HB 1378 (Black) – allows two or more partnering entities to form a broadband infrastructure improvement district or partnership for the delivery of broadband internet service to the residents of such municipalities or service areas.  Utilities Committee.   Heard 4/7.

 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.  Amended on Senate floor to prohibit municipal taxes, licenses and fees on video or streaming services. (Oppose) Commerce Committee.  Heard 2/10.  Passed Committee 2/24.  Perfected 3/24.  Passed Senate 3/25.

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.  Informal Perfection Calendar.

SB 559 (Schatz) – any public utility engaged in providing fiber networks to customers using fiber networks, built whole or in part in a political subdivision’s right-of-way, who is not subject to franchise fees or gross receipts tax before August 28, 2021, shall pay to the political subdivision a gross receipts tax of 7.5% and shall not pay a linear foot fee.  Commerce/Environment Committee.  Heard 3/31.

SB 570 (Hough) – allows two or more partnering entities, as defined in the act, to form a broadband infrastructure improvement district or partnership for the delivery of broadband internet service to the residents of such municipalities or service area.  A district composed wholly of partnering entities that are municipalities 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/Environment Committee.

 

 

LEGISLATIVE UPDATE 4/2/2021

LEGISLATIVE UPDATE 4-2-21 (pdf)

April 2, 2021

 Below are bills pertaining to municipalities that have been introduced.  Debate will still continue on many bills on municipal interest and hearings of bills from the other chamber will begin.  Changes from the last report are in red.

 Court Bills

 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.  Passed Committee 3/31.

HB 1227 (Gray) – specifies that if the court finds that a defendant is indigent or is without sufficient disposable income to pay restitution, court costs, fees, expenses, or fines in whole or in installments over a one-year period, upon motion of the defendant, the court must consider sentencing the defendant to perform community service under conditions as may be established by the court in lieu of paying restitution, court costs, fees, expenses, or fines for all traffic offenses deemed infractions or class D misdemeanors or violations of any ordinance of any political subdivision.

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.  Heard 3/2.  Passed Committee 3/9.

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.  Heard 3/10.  Passed Committee 3/24.  Referred Rules 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.  Ways & Means Committee.

 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”.

 HB 1198 (Manlove) – prohibits property tax and sales tax revenues dedicated to a school district to be reduced or redirected by any program, special taxing district, or political subdivision, and any calculation of payment in lieu of taxes must not include any tax revenues dedicated to a school district.

 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.  Perfected 3/2.  Passed Senate 3/4.  House Economic Development Committee.  Heard 3/25.  Passed Committee 4/1.  Referred Rules Committee.

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.  Passed Committee 4/1.

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.

Election Bills

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.  Referred Rules Committee.  Passed Committee 3/3.

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.  Informal Perfection Calendar.

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.  Perfection Calendar.  This bill is near the top of the Perfection Calendar and could be debated next week.  Contact House members to oppose this bill or any effort to shift only tax elections to the November ballot.

HB 1155 (Schroer) – changes municipal filing to 17th Tuesday to 14th Tuesday prior to election day.

HB 1250 (Clement) – requires committees paying for printed matter relating to ballot measures or candidates to include in the “paid for by” statement a list of the names of the three largest donors to the committee in the preceding quarter.

HB 1344 (Rowland) – requires ranked choice voting and instant runoff voting in political subdivisions to ensure that the winner receives a majority, rather than a plurality, of the votes.

HB 1427 (Plocher) – constitutional charter counties (including St. Louis County) may amend their charters to allow nonpartisan municipal elections. The amendment shall provide that all primary elections shall have a single, nonpartisan ballot listing all candidates who properly file to run for a particular office and that the two candidates receiving the most votes for a particular office on the nonpartisan ballot shall advance to the municipal general election without regard to those candidates’ party affiliation.  Elections Committee.  Heard 3/24.

SB 7 (Crawford) – amended to change municipal election filing period from the 17th to 14th week prior to election.  Perfected 2/24.  Passed Senate 3/4.

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.

 

Miscellaneous Bills

 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.  Heard 3/8.  Passed Committee 3/22.  Referred Rules Committee.  Passed Committee 3/25.

 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, then for a second period of up to 15 days upon approval of the government entity’s legislative body. The order closure may be extended an addition 10 days at a time up to three times upon a 2/3’s vote of the governmental entity’s legislative body. After three extensions of 10 days any additional 10 day extension shall be upon unanimous approval of the government entity’s legislative body.  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.  Passed Committee 2/25.  Perfected 3/3.  Passed House 3/11.  Senate Health/ Pensions Committee.  Heard 3/31.

 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.  Senate Local Government Committee.  Heard 3/31.

 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.  Passed Committee 3/4. Referred Rules Committee.  Passed Committee 4/1.

 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.  Senate Governmental Accountability Committee.  Heard 3/25.

 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.  Passed Committee 3/11.  Informal Perfection Calendar.

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.  Informal Perfection Calendar.

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.  Downsizing Government Committee.  Heard 3/31.

HB 512 (Lovasco) – requires the Missouri Ethics Commission 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. If the Missouri Ethics Commission or a court determines that there has been a violation of section 115.646, it shall impose penalties such as subjecting the department, director of state department, political subdivision, or principal officer of the subdivision or special district, to civil penalties in an amount equal to 10 times the expenditure that violated the section or $10,000, whichever is greater. The defendant will also be ordered to pay the plaintiff’s attorney’s fees and court costs. Downsizing Government Committee.  Heard 2/17.  Passed Committee 2/24.  Referred Rules Committee.  Passed Committee 3/4.  Informal Perfection Calendar.

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.

HB 1209 (Morse) – currently, political subdivisions that fail to submit the required annual financial statement to the State Auditor are fined $500 a day. This bill reduces the fine to an amount of not more than 10% of the total sales and use tax revenue of the fiscal year for which the annual financial statement was not filed for municipalities with fewer than 3,500 inhabitants.  Local Government Committee.  Heard 3/25.  Passed Committee 4/1.   Referred Rules Committee.

HB 1336 (Riggs) – prohibits any city, county, town, village, or political subdivision from adopting or enforcing 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 the city, county, town, village, or political subdivision. Additionally, such political subdivisions cannot adopt an ordinance or order that imposes installation requirements for such fences or alarm systems or prohibit the use of a battery-charged fence.

HB 1353 (Pietzman) – requires, in counties that have adopted a building code as defined in the bill, that all home inspections or other inspections of residential buildings must be consistent with the standards and requirements of the code.

HB 1356 (Smith) – establishes the “Committee on Local Recovery Accountability and Transparency” to coordinate and conduct oversight of covered funds to prevent fraud, waste, and abuse. The committee shall coordinate and conduct oversight of funds received by political subdivisions under the American Rescue Plan of 2021 and any subsequent economic stimulus or budget stabilization plan as enacted by Congress after February 28, 2021, and before January 1, 2022. Under this bill, local governments must report receipt of such funds and their expenditures within 30 days in a format determined by the Committee. The bill empowers the Committee to request additional information from political subdivisions; to hold hearings, take testimony, and receive evidence; and to review specified contracts or grants and the bidding on such contracts and grants. The bill requires that the Committee submit annual reports to the General Assembly and the Governor outlining its findings.  Budget Committee.

HB 1374 (McCreery) – requires that a sewer district must notify a condominium owner that it is responsible for and served by its own lateral sewer line each time a notification of change of assessment is sent to the property owner. This bill also exempts specific lateral sewer service fees from the tax limitations of Section 139.031, RSMo, but allows class action challenges under the Hancock Amendment.  Government Accountability Committee.

 HB 1408 (Plocher) – if a business is closed for at least 60 days solely due to a shutdown order, any fee for a business license will be waived for the business during the period of the shutdown order or six months, whichever is more. Fees for a business license may be prorated. This bill will not apply to a license or certification of an individual to practice a profession. The state will reimburse political subdivisions for revenues lost due to this section.  Small Business Committee.  Heard 3/23.  Passed Committee 3/23.  Referred Rules Committee.

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.  Passed Committee 3/3.

 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.  Heard 3/2.  Passed Committee 3/23.

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.  Heard 3/24.  Passed Committee 3/31.

SB 547 (Hoskins) – creates penalties for political subdivisions failing to file annual financial reports, including a public vote for disincorporation.  Local Government Committee.   Heard 3/10.  Passed Committee 3/24.  Perfection Calendar.

Personnel Bills

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.  Economic Development Committee.  Heard 4/1.

 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 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.  Crime Prevention Committee.  Heard 3/8.  Passed Committee 3/22.  Referred Rules Committee.  Passed Committee 4/1.

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.  Passed Committee 3/2.  Referred Rules Committee.

 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.  Public Safety Committee.

 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.  Public Safety Committee.

 HB 1246 (Sauls) – allows firefighters and certain first responders including emergency and 911 dispatchers to receive Workers’ Compensation benefits for occupational diseases that are 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 1249 (Seitz) – recognizes posttraumatic stress disorder as an occupational disease, under Chapter 287 dealing with workers compensation, when diagnosed in specified first responders.  Public Safety Committee.  Heard 3/23.  Passed Committee 3/30.  Referred Rules Committee.

 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.  Passed Committee 3/2.  Referred Rules Committee.

 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.  Perfected 3/3.  P

HB 216 (Hill) – changes to police officer policies and disciplinary 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.  Perfected 3/24.  Passed House 3/29.

 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.  Passed Committee 3/22. Referred Rules Committee.

 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)  Heard 3/9.  Reported “Do Not Pass” on a 7-0 vote.

 HB 876 (Dogan) – creates several provisions relating to law enforcement agency accountability. The language bans choke holds, defines sexual misconduct by police officers, creates peace officer training certification requirements, and establishes certification requirements for law enforcement officers looking for employment in Missouri. During the Committee’s discussion, substitute language was adopted to modify the bill to mirror the Senate version by clarifying the definition of chokehold and sexual misconduct by a police officer while on duty.  Crime Prevention Committee.  Heard 2/17.  Passed Committee 3/1.  Referred Rules Committee.  Passed Committee 3/3.  Informal Perfection Calendar.

 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.  Passed Committee 3/1. Referred Rules Committee.  Passed Committee 3/3.

 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.  Passed Committee 3/9.  Informal Perfection Calendar.

 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.

 HB 1168 (Gray) – requires each law enforcement agency to establish a written policy regarding the handling of deaths involving law enforcement officers. The policies must be approved by the Peace Officer Standards and Training Commission.

 HB 1170 (Gray) – establishes the “Community Relations Training Program for Peace Officers”. Peace officers will receive training in diversity, sensitivity, and cultural competency, as well as training aimed at maintaining open avenues of communication between communities and police departments throughout Missouri.

 HB 1172 (Gray) – changes current law to allow a law enforcement officer to use deadly force when all other reasonable means of apprehension have been exhausted or are unavailable, the officer has given notice of his or her identity as an officer and a warning that deadly force may be used unless resistance or flight ceases, and the officer reasonably believes that the person to be arrested has committed or attempted to commit a felony or is attempting to escape and possesses a deadly weapon.

 HB 1199 (Manlove) – lengthy police reform bill which includes provision that establishes “The Blue Pay Fairness Act,” which provides that every Peace Officer Standards and Training (POST) certified peace officer employed in St. Louis County 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 1272 (Davis) – prohibits law enforcement agencies from adopting any policy that requires the closure or redaction of certain information from a public record unless the record or any part of the record is required by law to be closed or redacted.

 HB 1331 (Trent) – provides that the General Assembly occupies and preempts the entire field of legislation regarding in any way the regulation of physical security measures around private property to the complete exclusion of any order, ordinance, policy, or regulation by any village; town; city, including any home rule city; or county in this state. Any existing or future order, ordinance, policy, or regulation in this field is or shall be null and void. The bill does not prohibit municipalities and counties from regulating the aesthetics of physical security measures; access to the public right-of-way, a sidewalk, or utility easement; the structural soundness of physical security measures; or changes to the drainage of a property.

 HB 1386 (Schwadron) – allows municipalities which contract for fire service to levy a sales tax of up to 1/2 cent.

 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.  House Crime Prevention Committee.  Heard 3/22.  Passed Committee 3/29.  Referred Rules Committee.

 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.  Perfected 3/31.  Passed Senate 4/1.

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. Amended on House floor to prohibit municipal taxes, licenses and fees on video or streaming services. (Oppose) Ways & Means Committee.  Heard 2/10.  Passed Committee 2/17.  Referred Rules Committee.  Passed Committee 2/22.  Perfected 3/9.  Passed House 3/11.  Senate Ways & Means Committee.  Heard 4/1.

 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.

Heard 2/17.  Passed Committee 3/3.  Referred Rules Committee.  Passed Committee 3/11.  Informal Perfection Calendar.

 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.  Referred Rules Committee.

 HB 1243 (Murphy) – requires that if the voters in a political subdivision approve an increase to the tax rate ceiling prior to the expiration of a previously approved temporary levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy increase expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase unless voters of the political subdivision are asked to approve an additional permanent increase and such increase is approved.  Downsizing Government Committee.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee.

 HJR 4 (Terry) – Constitutional amendment to reduce property tax assessments on senior citizens and disabled persons by fifty percent.  Ways & Means Committee.  Heard 3/3.

 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.  Heard 3/3.  Passed Committee 3/10.  Referred Rules Committee.  Passed Committee 3/23.  Perfection Calendar.

 HJR 57 (Wiemann) – constitutional amendment to eliminate personal property tax on January 1, 2027.  (Oppose) Ways & Means Committee.  Hearing 4/7.

 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.  Informal Perfection Calendar.                              

 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.  Informal 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.  Amended to include video franchise reduction beginning on 2023.  (Support) Ways & Means Committee.  Heard 2/11.  Passed Committee 2/25.  Perfected 3/10.  Passed Senate 3/11.  House Ways & Means Committee.

SB 161 (Crawford) – 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.  Perfection Calendar.

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.   Ways & Means Committee.

SJR 9 (Cierpiot) – 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.  Heard 3/31.

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 2.5 cents per year over a period of 5 years. When the act is fully implemented, the excise tax on motor fuel will be 32 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.  Perfected 3/10.  Passed Senate 3/11.

 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 to evaluate the status of broadband deployment in the state, evaluate the deployment process, and make recommendations about how to best increase broadband Internet deployment to certain residents.   Utilities Committee.

 HB 1378 (Black) – allows two or more partnering entities to form a broadband infrastructure improvement district or partnership for the delivery of broadband internet service to the residents of such municipalities or service areas.  Utilities Committee.

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.  Amended on Senate floor to prohibit municipal taxes, licenses and fees on video or streaming services. (Oppose) Commerce Committee.  Heard 2/10.  Passed Committee 2/24.  Perfected 3/24.  Passed Senate 3/25.

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.  Informal Perfection Calendar.

SB 559 (Schatz) – any public utility engaged in providing fiber networks to customers using fiber networks, built whole or in part in a political subdivision’s right-of-way, who is not subject to franchise fees or gross receipts tax before August 28, 2021, shall pay to the political subdivision a gross receipts tax of 7.5% and shall not pay a linear foot fee.  Commerce/Environment Committee.  Heard 3/31.

SB 570 (Hough) – allows two or more partnering entities, as defined in the act, to form a broadband infrastructure improvement district or partnership for the delivery of broadband internet service to the residents of such municipalities or service area.  A district composed wholly of partnering entities that are municipalities 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/Environment Committee.

 

Legislative Update 1/12/2021

LEGISLATIVE UPDATE PDF 2-12-21

February 12, 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.

If your city employees a lobbyist separate from the League, please ask them to reach out to us, or our lobbyists, so that we can work together to coordinate efforts.  Because of the pandemic, it is very different at the capitol and none of us run into each other regularly like we have in the past.  This makes it harder to quickly share information.  We always appreciate hearing from your lobbyists and we look forward to working with them.

Court Bills

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.

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 with regard to 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.

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 2 economic activity taxes or payments in lieu of taxes from any tax whose revenues are 3 dedicated to a specific purpose unless the governing body of the municipality or the 4 commission established under 99.820 has voted to allow the redevelopment project to 5 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.

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.

Election Bills

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.

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.

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.  Downsizing Government Committee.  Heard 2/3.  Passed Committee 2/10.  Referred Rules Committee.

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.

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.

Miscellaneous Bills

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.

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.  3rd Reading Calendar.

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.

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.

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.

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. 

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 actually 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.

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.

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.

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.

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.

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 are allowed to 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.

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.

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.

Personnel Bills

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 particular 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 a sworn 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.  Hearing 2/16.

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.

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.  Hearing 2/16.

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. 

HB 216 (Hill) – changes to police officer discipline and procedures.

HB 280 (Manlove) – Prohibits police officers from using chokeholds, carotid 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.  Hearing 2/15.

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 conducting an investigation must provide a complete report to the prosecutor of the county.  Crime Prevention Committee.  Hearing 2/15.

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.  Hearing 2/15.

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.

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.

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 Offense of Unlawful Traffic Interference and Law Enforcement Officer Disciplinary Actions.  General Laws Committee.  Heard 1/26.  Passed Committee 2/2.  Perfection Calendar.

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

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.

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.

SB 420 (Washington) – modifies and creates certain reporting requirements for law enforcement agencies.

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.

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.

Hearing 2/17.

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 in to 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.

HJR 4 (Terry) – Constitutional amendment to r educe 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.

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) – enacts the Wayfair Sales and Use Tax law.  Ways & Means Committee.  Heard 2/11.                          

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 in excess of 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.  Ways & Means Committee.  Heard 2/11. 

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.  (Support)  Local Government Committee.  Heard 2/11. 

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.

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.

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

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.

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.  Transpotation/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.

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.

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.

Legislative Update 1/29/2021

LEGISLATIVE UPDATE PDF

January 29, 2021

If your city employees a lobbyist separate from the League, please ask them to reach out to us, or our lobbyists, so that we can work together to coordinate efforts.  Because of the pandemic, and limited activity at the capitol, we do not run into each other regularly like we have in the past.  This makes it harder to quickly share information.  We always appreciate hearing from your lobbyists and we look forward to working with them.

 Below are bills pertaining to municipalities that have been pre-filed by legislators through early January.  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.

 Court Bills

 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.

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.

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 with regard to 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.

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.

 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.  Hearing 1/25.  Cancelled.

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.

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.

Election Bills

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.

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.  Hearing 2/3.

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.

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.

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).

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.

 Miscellaneous Bills

 HB 27 (Walsh) – requires posting notice, required under Section 610.020, RSMo, of the Open Records Law commonly known as 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.

 HB 174 (Ellebracht) – amends the Missouri Sunshine Law in Chapter 610, RSMo. It amends 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.

 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.

 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.

 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.  Heard 1/26.

 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.

 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)

 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 actually 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.

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.

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 noncorporate 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 noncorporate 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.

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.

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.

 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 are allowed to 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.

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.

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

Personnel Bills

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 particular 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.

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 a sworn 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.

 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.

 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.

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.

 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.  Hearing 2/1.

 HB 216 (Hill) – changes to police officer discipline and procedures.

 HB 280 (Manlove) – Prohibits police officers from using chokeholds, carotid 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.

 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 conducting an investigation must provide a complete report to the prosecutor of the county.

 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.

 SB 26 (Eigel) – creates provisions relating to public safety, including Offense of Unlawful Traffic Interference and Law Enforcement Officer Disciplinary Actions.  General Laws Committee.  Heard 1/26.

 SB 60 (Williams) – creates and modifies numerous provisions relating to law enforcement agency accountability.  Judiciary/Criminal Jurisprudence Committee.  Heard 1/25.

 SB 66 (Brattin)- modifies numerous provisions relating to public safety.  Judiciary/Criminal Jurisprudence Committee.  Heard 1/25.

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.

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.

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.

SB 419 (Washington) – enacts numerous provisions related to use of force by police officers.

SB 420 (Washington) – modifies and creates certain reporting requirements for law enforcement agencies.

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.

 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 in to 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.

 HJR 4 (Terry) – Constitutional amendment to r educe property tax assessments on senior citizens and disabled persons by fifty percent.

 HJR 7 (Ellebracht) – authorizes a real property tax rate freeze for seniors.

 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.

 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.  Hearing 1/25.  Cancelled.

 SB 97 (Hoskins) – enacts the Wayfair Sales and Use Tax law.  Ways & Means Committee.                

 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 in excess of 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.

SB 153 (Koenig) – enacts the Wayfair sales and use tax law.  Ways & Means Committee. 

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.

SB 287 (Crawford) – Implements the Wayfair Use Tax law.

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.

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.

 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.

 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.  (Support)  Transportation/Public Safety Committee.  Hearing 2/2.

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.

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.

 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.

 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.

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.

 

 

Legislative Update 1/15/2021

LEGISLATIVE UPDATE PDF

 

January 15, 2021

Below are bills pertaining to municipalities that have been pre-filed by legislators through early January.  The League will provide weekly updates throughout the legislative session.  Additions and changes from last week are in red.  The House will not meet next week due to Covid precautions.  The Senate will be in session.

Cable/Video Bills

 HB 386 (Fitzwater) – modifies the definition of “gross revenues” as it applies to video service provider fees and modifies the video service provider fee that a franchise entity may collect from each customer. Currently, a franchise entity may collect a fee of 5% of gross revenues. Beginning August 28, 2023, the fee would be 4.5% of gross revenues. The fee would reduce of by half of one percent of gross revenues each year until it reaches a limit of 2.5% beginning August 28, 2027. The video service provider must also identify and collect the fee and other specified fees as separate line items on a customer’s bill.  The bill also establishes the “Task Force on the Future of Right of-Way Management and Taxation”.

Court Bills

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.

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 with regard to 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.

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.

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.  Ways & Means Committee.

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 most voters living within the district. This act requires such sales taxes to be approved by most of the voters of the municipality or county in which the district is located.

SB 147 (Washington) – modifies numerous provisions to TIF laws.

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. 

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.

Election Bills

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.

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.

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.

SB 150 (Onder) – changes municipal election day to November.

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).

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.

Miscellaneous Bills

HB 27 (Walsh) – requires posting notice, required under Section 610.020, RSMo, of the Open Records Law commonly known as 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 29 (Walsh) – requires all public employee retirement systems and quasi-governmental entities to report such system’s or entity’s employees’ salaries and any incentive pay to the Missouri government accountability portal in the same manner as all state departments and agencies report.  Pensions 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.

HB 174 (Ellebracht) – amends the Missouri Sunshine Law in Chapter 610, RSMo. It amends 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.

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.

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.

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.

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.

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)

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.

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.

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 noncorporate 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 noncorporate 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.

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.

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.

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 are allowed to 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.

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.

Personnel Bills

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 particular 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.

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.

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.

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.

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.

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.

HB 216 (Hill) – changes to police officer discipline and procedures.

HB 280 (Manlove) – Prohibits police officers from using chokeholds, carotid 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.

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.

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.

SB 26 (Eigel) – creates provisions relating to public safety, including Offense of Unlawful Traffic Interference and Law Enforcement Officer Disciplinary Actions.  General Laws Committee.

SB 60 (Williams) – creates and modifies numerous provisions relating to law enforcement agency accountability.  Judiciary/Criminal Jurisprudence Committee.

SB 66 (Brattin)- modifies numerous provisions relating to public safety.  Judiciary/Criminal Jurisprudence Committee.

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.

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.

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.

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.  Ways & Means Committee.

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)

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 in to per capita distribution.  Countywide use tax still needs voter approval. 

HB 642 (Merideth) – implements the Wayfair Sales and Use Tax Agreement.

HB 644 – (Falkner) – implements the Wayfair Sales and Use Tax Agreement.  Ways & Means Committee.

HJR 4 (Terry) – Constitutional amendment to r educe property tax assessments on senior citizens and disabled persons by fifty percent.

HJR 7 (Ellebracht) – authorizes a real property tax rate freeze for seniors.

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.

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.  Ways & Means Committee.

SB 97 (Hoskins) – enacts the Wayfair Sales and Use Tax law.

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.

SB 153 (Koenig) – enacts the Wayfair sales and use tax law.

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 elisenate.mo.gov/21info/BTS_Web/Bill.aspxminate the disparity in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers.

SB 248 (Arthur) – Implements the Wayfair Use Tax law.

SB 287 (Crawford) – Implements the Wayfair Use Tax law.

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.

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.

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.

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.

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.  (Support)

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.

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.

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.

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.