2013 MML Legislative Reports
BILLS OF MUNICIPAL INTEREST THAT PASSED
Local Sales Tax on Out-of-State Sales of Motor Vehicles - After vetoing SB 182 earlier in the session, the Governor agreed to language that re-imposed local sales taxes on the out-of-state sales and person-to-person sales of motor vehicles. The new language can be found in three bills: SB 23, SB 99 and HB 184. Language in all three bills require a measure be placed on the ballot sometime between November 2014 and November 2016 asking voters if the local sales tax on out-of-state sales of motor vehicles should be continued. Municipalities with a use tax do not have to place the sales tax retention question on the ballot. (Supported by League Policy)
Open Meeting and Records Law - HB 256 makes permanent the exemption from the Open Meetings and Records Law allowing municipalities to close security and public safety operational plans.
SB 170 allows members of the governing body to participate and vote in meetings through video conferencing. (Supported by League Policy)
Removal of police chief - A Missouri Police Chief Association amendment was added to HB 307 late in the session requiring 2/3 of the governing body of a municipality to determine there is "just cause” to terminate the employment of a police chief. Police chief must be granted a hearing, legal representation and the reason for their removal in writing. (Opposed By League Policy)
Wireless Communication - HB 331 & HB 245 restricts municipal review and oversight over the placement of cell towers and other wireless communication facilities, as well as further diminishing local control over rights of way and utility easements. HB 331 caps zoning and building permit fees; prohibits municipalities from requiring cell tower or wireless facilities to be located on municipal property; prohibits municipalities from requiring collocation of wireless equipment. (Opposed by League Policy)
Traffic Fines Report - HB 103 mandates that all municipalities annually report to the state auditor the percentage of their revenue that is derived from traffic violations. A municipality failing to report this information loses municipal court jurisdiction over traffic-related offenses. Municipalities that receive more than 30 percent of their revenue from traffic offenses must turn over the excess funds to the local school district. (Opposed by League Policy)
State Initiative Petition Reform – HB 117 changes the laws pertaining to petition circulators and the duties of the Secretary of State regarding initiative and referendum petitions. The bill makes the initiative and referendum process more transparent. (Supported by League Policy)
Streamline Sales Tax/State Income Tax Reform - HB 253 reduces the state's corporate and personal income rates and exempts some corporate income from taxation. The bill also implements the multi-state Streamlined Sales and Use Tax Compact by making Missouri's sales and use tax laws compatible with other states in the Compact. This standardization of Missouri's tax law will allow for the collection of state and local use taxes on computer and catalog sales once the U.S. Congress passes the Market Place Fairness Act.
We expect Gov. Nixon to veto HB 253 because of the income tax reform provisions in the bill.
Councilmember Term of Office in 3rd Class City - HB 163 allows a council member in a third class city to serve a four-year term by ordinance or after voter approval. SB 99 allows 4-year terms only after approval by the voters.
Qualification Of Aldermen In 4th Class City - SB 99 lowers the minimum age required for a person to serve as an alderman in a 4th class city from twenty-one to eighteen years of age.
First Responder Political Activity - SB 216, HB 307 and HB 336 Municipalities cannot prohibit first responders from engaging in political activity while off duty and not in uniform or being a candidate for or holding a public office unless the activity or candidacy is otherwise prohibited by law.
Scrap Metal - SB 157 requires identification when selling scrap metal. The bill also limits cash for payments. (Supported by League Policy)
Occupational Disease for Police - SB 1 and HB 404 establishes psychological stress as a recognized occupational disease for police officers.
Union Dues - SB 29 requires annual consent by public employees before union dues can be withheld from paychecks.
Prevailing Wage - HB 34 modifies how prevailing wage is calculated in 3rd and 4th class counties. (and Newton County). The bill does not exempt maintenance work from the definition of "construction”. (Supported by League Policy)
BILLS OF MUNICIPAL INTEREST THAT DID NOT PASS
Elimination of Solid Waste Districts – SB 13 would have eliminated solid waste management districts and reduces landfill tipping fees by the amount previously used on district overhead and administration. (Opposed by League Policy)
Open Meetings and Record Law Penalty – SB 122 makes a number of changes to the "Sunshine Law,” including requiring a 48-hour notice of public meetings and requiring payment of attorney fees for any violation of the law.
Municipal Debt Report – requires municipal debt information to be sent to the Missouri Office of Administration to be included in the state of Missouri's accountability portal.
Sales Tax for State Highways SJR 26 amends the Missouri Constitution to impose a one cent state sales tax for transportation.
Local Tax Elections – HB 178 requires a 60 percent vote to approve any tax issues that failed and brought back to the voters within four years.
Restricting Municipal Smoking Bans – HB 1021 restricted municipalities' ability to ban smoking.
Emergency 911 Tax – HB 653 imposes a $1.50 county tax on telephones for 911 purposes.