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MML LEGISLATIVE ACTIVITY



LEGISLATIVE UPDATE

LEGISLATIVE UPDATE No. 9                                   94th General Assembly                                      May 2, 2008 (Second Session)  

The Missouri General Assembly adjourns May 16, 2008, just two weeks from today.  During the next two weeks, please be aware of possible e-mail alerts sent out from the Missouri Municipal League.  The last two weeks are a prime time for legislators to piggy back controversial items on bills that are moving through both the House and the Senate.  Also, please visit the MML website and click on "Legislative Activity" for more information.  

IMMIGRATION BILL AMENDED ... S.B. 858 (Rupp) has been voted "do pass" from the House Immigration Committee with the following MML amendments:    1) deletes prohibition on 'unwritten" municipal sanctuary policies,    2) deletes requirement to show birth certificates when applying for a business license,    3) deletes requirement that each municipality file an annual report with the General Assembly    on the city's cooperation with federal immigration authorities, and    4) adds that the state shall indemnify, defend, and hold harmless any political subdivision or    official who is sued for violating civil rights laws when enforcing the new law. Please thank the sponsors, Sen, Rupp and Rep. Nolte, for working with the MML and especially Rep. Flook for supporting the MML. The bill still mandates many costs and administrative burdens on local government, but the bill is improving. We will seek a floor amendment to revise the "no bail" provisions in the bill.  

DELINQUENT UTILITY BILLS ... So far we have been successful in blocking efforts by Representatives Vicky Schneider and Mike McGhee to prohibit municipalities from holding the landlord and tenant jointly liable for delinquent water and sewer bills. However, there are several bills on the House floor that could be amended with this provision.  In addition to Schneider and McGhee, a block of "landlord" legislators may try to amend the following bills to change the current law whereby a city could no longer collect delinquent bills from the landowner.  HCS/SB 845, and HCS/SB 765 were both voted out of the House Local Government Committee this week.  These bills along with a 400 page bill from the House Judiciary, HCS#2/SB 976 are possible targets for this change.  If such an amendment is attached, municipalities would have to increase utility rates for everyone to compensate for the increase in uncollectible accounts. Please contact your state representative to urge opposition to any such amendment, emphasizing the negative impact on your municipality's finances.  

SALES TAX HOLIDAYS PASS HOUSE ... The House has approved H.C.S.H.B. 2250 that provides two new sales tax holidays: 1) a seven day holiday in November for energy efficient appliances up to $1,500 each appliance (municipalities may opt out of the holiday after August 28) and 2) a one-time state sales tax holiday for three days in June for any item up to $600 (this holiday does not include local sales taxes.) The purpose of the June holiday is to encourage people to spend their federal stimulus checks. The MML persuaded the sponsor to apply this holiday only to the state sales tax and to allow cities to opt out of the November holiday (we are still working to allow municipalities to "opt in" rather than "opt out.") The sponsor, Rep. Mike Sutherland has been supportive of our position on this issue - be sure to thank him for his cooperation.

BILL TO REQUIRE FREE WATER AND SEWER HOOK-UPS BLOCKED ... H.B. 2544 (Schneider) to require municipalities to provide free water and sewer hook-ups and free permits to other political subdivisions, appears to have been sidelined because the sponsor cancelled the committee hearing. We will be alert to efforts to "piggy-back" this ridiculous proposal.  

PROPOSAL TO ALLOW CLASS ACTION LAWSUITS AGAINST MUNICIPALITIES BLOCKED ... Rep. Bryan Stevenson has removed the amendment to S.B. 796 to allow anyone to file a class action lawsuit challenging the validity of a city sales tax, including refunds and attorneys fees. The amendment was inserted to assist a Farmington attorney who has filed numerous lawsuits (all unsuccessful so far) against municipalities. Rep. Michael Cunnigham was prepared to offer a floor amendment to delete the provision, but, because of MML opposition, Rep. Stevenson, the sponsor, decided to delete it himself.


MUNICIPAL BILLS OF INTEREST

     (scroll over bill name for link)

Mo. House Bills
Mo. Senate Bills

Contracts With County Officials H.B. 1304 … (Cooper, 120) If a city contracts with a county to perform a service, the fee is paid to the county not to the county official performing the service.

Write – in Candidates Shall Not Be in Arrears for Taxes  H.B. 1311  ... (Hoskins)  No person shall file a declaration of intent to be a write-in candidate if they are currently in arrears or owe back taxes.

Veteran’s Preference on Contracts H.B. 1313  ... (Wright)  Political subdivisions must give preference to certain disabled veterans doing business as Missouri companies when awarding any contract if the quality of work is equal or better and the price is the same or less.

Village Elecetions H.B. 1324 … (Sater) In villages, if the number of candidates for trustees equals the number of vacant positions, no election shall be held and the candidates assume office as if elected.

CREATION OF SYSTEM TO CHECK RESIDENT STATUS  H.B. 1346 ... (Portwood) Law enforcement agencies must check the status of persons charged with driving while intoxicated or any felony through a federally operated computer system. This check must be made within 48 hours of the arrest. In addition, public employers and contractors must participate in a pilot program by checking for resident status before hiring new personnel.

NO INCREASE ALLOWED TO PROPERTY TAX CEILING  H.B. 1349  ... (Portwood) Political subdivisions will no longer be allowed to raise the property tax rate to the established ceiling without a public vote.

PROPERTY TAX RATE FIXED FOR SENIORS  H.B. 1370  ... (Kraus) Once a person has turned sixty-five years of age and meets certain low income requirements,  property taxes would be fixed so long as the person resides in the same residence. All potential revenue losses to political subdivisions would be reimbursed by the state of Missouri.

RED LIGHT CAMERA REGULATIONS  H.B. 1376  ... (Portwood)  Establishes certain criteria for intersections controlled by red light cameras. Auditing and reporting criteria are established as well as each violation to be reviewed by a law enforcement or code enforcement official. Any fine collected shall go to the school district where the infraction occurred. (Opposed by MML Policy)

PERSONAL PROPERTY TAXES TO BE PHASED OUT  H.B. 1377 ... (Portwood)  Eliminates the personal property tax on motor vehicles over a five-year period. (Opposed by MML Policy)

TAX INCREMENT FINANCING H.B. 1378 ... (Portwood) Tax increases shall not be diverted to the redevelopment plan. Requires a two-thirds governing body approval of an ordinance if citizens petition against the project; and for residential TIF’s, all property tax goes to school district unless the project is supported by school representatives on the TIF Commission. (Opposed by MML Policy)

CITIES MANDATED TO SUSPEND BUSINESS LICENSES  H.B. 1381 ... (Kraus) When notified by the Missouri Secretary of State, a municipality must suspend the business license of any business that hires an unauthorized alien. If a city fails to follow the directive, the city will be ineligible for state funding.

MANDATORY REPORTING FOR GOVERNING BODIES  H.B. 1395 ... (Dusenberg) If a municipality adopts an illegal alien sanctuary policy, the city will be ineligible for state funding. Additionally, the city must make a report by March 1 to the General Assembly verifying that the city has cooperated with federal and state agencies in reference to immigration enforcement. All law enforcement officials must notify the U.S. Citizen and Immigration Service if they believe an arrestee is in the U.S. illegally.

POLICE OFFICERS: WORKERS’ COMPENSATION H.B. 1399 … (Dusenberg) Allows paid police officers of a paid police department to be eligible for workers' compensation benefits for psychological stress.  

CHANGE IN STATE AUDITOR FEES FOR BOND ISSUANCE H.B. 1415 ... (Robb) Changes the fee from a percentage of total to $50 an hour for the State Auditor to register bonds.

PUBLIC EMPLOYEES: OVERTIME PROVISIONS H.B. 1424 ... (St. Onge) Exempts public employees from the overtime provisions of the state minimum wage law. (Supported by MML Policy)

SALES TAX EXEMPTION: HEALTH CLUBS H.B. 1437 … (Smith, 14) Exempts from state and local sales taxes the fees for health club memberships.

LOCAL OFFICIALS TO RECEIVE MANDATORY TRAINING  H.B. 1440 ... (Roorda) Requires each elected or appointed public official to receive training regarding the open meetings and open records law within 90 days of taking office.

ADDITIONAL RETIREMENT FUND FOR POLICE H.B. 1441 ... (Roorda) Similar to S.B. 864 as reported in this Bulletin.

JUDICIAL APPEAL OF PERSONNEL DECISIONS H.B. 1451 … (Roorda) Any public employee, after exhausting all administrative remedies, can appeal a discipline action to the circuit court for a "trial de novo," an entirely new trial. The employee may select the site of the trial – either the local circuit court or the Cole County Circuit Court. This would render meaningless the municipality’s administrative appeals process. (Opposed by MML Policy)

STORM WATER FEE EXEMPTIONS FOR THIRD CLASS CITIES H.B. 1455 ... (Roorda)  Prohibits third class cities from imposing storm water usage fees on churches, public schools, nonprofit organizations, or political subdivisions. (Opposed by MML Policy)

PROPERTY TAX INCREASE LIMITED TO INCREASES IN SOCIAL SECURITY H. B. 1467 ... (Nolte) Limits the increase in assessed valuation of residential property by the percentage of increase in Social Security benefits for the elderly and disabled who own and live in their principal residence.

EXCESS MUNICIPAL COURT FINES H.B. 1470 … (Nance) If a municipality receives more than 35 percent of general operating revenue from fines and court costs for traffic violations on state highways, the excess revenues go to the schools in the county.

SALES TAX EXEMPTION: HEALTH CLUBS H.B. 1475 … (Cunningham) Similar to H.B. 1437 as reported in this Bulletin.

CITIES ALLOWED TO INCREASE TRANSIENT GUEST TAXES H.B. 1501 ... (Bruns)  Authorizes certain cities and counties to increase transient guest taxes from 5 to 8 percent if approved by voters.

CHILD CARE RATING SYSTEM  H.B. 1524 ... (Franz)  Requires the Missouri State Department of Social Services to create a quality rating system for child care facilities. (Supported by MML Policy)

 NONPARTISAN ELECTION CHANGE H.B. 1526 ... (Franz) If the number of candidates for municipal office equals the number of vacant positions, no election shall be held and the candidates assume office as if elected.

SALES TAX EXEMPTION: AGRICULTURAL FENCING H.B. 1658(Dethrow) Exempts from state and local sales taxes fencing materials used for agricultural purposes.

OPEN MEETINGS LAW … H.B. 1663 (Young) Changes the standard of proof for violation of the open meetings act from "knowingly" to "negligently." Would make it easier to fine public officials up to $1,000 for any violation of the law. (Opposed by MML Policy)

WATER POLLUTION BONDS H.B. 1729 … (Bivins) Authorizes $20 million in bonds to finance local water pollution projects.  (Supported by MML Policy)

WORKERS’ COMPENSATION FOR PUBLIC SAFETY H.B. 1768 ... (Wildberger)  Requires cities to pay the difference between the amount of the salary and workers' compensation benefits to emergency medical technicians, firefighters and police officers after a traumatic job-related injury.  (Opposed by MML Policy)

RED LIGHT CAMERA REGULATIONS  H.B. 1772  ... (Jones)  Mandatory reporting criteria are established as well as a requirement for each violation to be reviewed by a law enforcement or code enforcement official. Camera systems will be required to have five seconds of video of the suspect vehicle before and after the violation. (Opposed by MML Policy)

VOICE OVER INTERNET PROTOCOL (VoIP) HCS/HB 1779 ... (Emery) This bill was passed in the House on March 6.  The bill currently contains language drafted by the MML to ensure that VoIP is taxed as currently under municipal business licenses (similar to other telecommunications).  The bill generally deregulates telephone and VoIP services.  If you have not done so already, please thank Representative Zimmerman and Representative Emery for working with the MML to maintain the local taxing authority.   

 

JUDICIAL APPEAL OF PERSONNEL DECISIONS H.B. 1820 ... (Roorda)  Same as HB 1441 as reported in Bulletin #1.  (Opposed by MML Policy)

 

SPAYING AND NEUTERING DOGS AND CATS H.B. 1848 ... (Low, 39)  Requires animal shelters to spay or neuter all adopted animals. 

CLOSED MEETINGS:  AUDIO RECORDING REQUIRED H.B. 1853 ... (Bivins)  Requires an audio recording of each closed meeting that could be used in court to prove a violation of the law.  (Opposed by MML Policy)

Property Tax Rate LIMITS H.J.R. 57 ... (Muschany)  Each residential property reassessment and tax rate would be limited to a five percent increase unless the property is sold or transferred.  (Opposed by MML Policy)

PROPERTY TAX EXEMPTION:  ACTIVE DUTY MILITARY PERSONNEL H.J.R. 59 ... (Bruns)  Exempts all personal property tax for any Missouri residents on active duty in the United States military.

HCS/HJR 43 (property tax revenue limitation).

HCS/HJR 70 (limits on state appropriations).

 


 

MOTOR FUEL TAX EXEMPTION FOR SCHOOL BUSES  S.B. 722  ... (Coleman)  Exempts motor fuel used in school buses from the motor fuel tax. This would reduce municipal revenue derived from the state motor fuel tax. (Opposed by MML Policy)

AGRICULTURAL VEHICLES ALLOWED ON CITY STREETS S.B. 774 ... (Shoemyer) Defines utility vehicles and allows them to be operated on city streets with a permit.

PUBLIC EMPLOYEES: OVERTIME PROVISIONS S.B. 782 … (Loudon) This act reinstates the Federal overtime standards in place before the passage of Proposition B (2006) including exemptions for firefighters and police. (Supported by MML Policy)

BILLBOARD AMNESTY S.B. 809 ... (Stouffer)  Exempts from municipal sign regulations all non-conforming billboard signs located along I-44 and I-70 that are removed due to highway construction.  Allows non-conforming signs to be moved to another location regardless of zoning (Opposed by MML Policy).

SALES TAX EXEMPTION: WEATHER RADIOS S.B. 823 … (Shoemyer) Exempts from state and local sales taxes on radios designed primarily for weather warnings and forecasts.  (Opposed by MML Policy)

HOW TO KILL YOUR NEIGHBORS DOG, LEGALLY  S.B. 834 ... (Bartle) Creates penalties for owners of dogs that injure people or property, and creates an absolute defense against civil or criminal liability for killing a dog if the dog has trespassed and the property owner has made at least two complaints against such dog.

BREED SPECIFIC DOG ORDINANCES NULL AND VOID  S.B. 886 ... (Justus) Makes null and void any breed specific dog bans but allows cities to control dangerous dogs in general. (Opposed by MML Policy)

DAMAGE CLAIM REQUIREMENTS FOR UNDERGROUND UTILITY LINES S.B. 904 ... (Griesheimer)  Cities to follow certain reporting requirements for reimbursement when damage occurs to any utility lines used for vehicular traffic control, the lighting of streets and highways, emergency response communication lines, or lines within public rights of way or easements. 

AGRICULTURAL VEHICLES HIT THE HIGHWAY  S.B. 937 (Shoemyer)  Allows users of agricultural utility vehicles to use non-interstate highways for transportation.  Vehicles shall have a state registration but are generally exempted from vehicle safety and emission inspections.

BOND REGISTRATION FEES LOWERED S.B. 944 … (Engler, et al.)  Lowers bond registration fees charged by the Missouri State Auditor.

MANDATORY TOW TRUCK ROTATION S.B. 963 ... (Stouffer) Law enforcement agencies must establish a rotation for tow truck emergencies.  City must also provide for an appeals process for tow truck companies if removed or excluded from such list.

SALES TAX HOLIDAY:  ENERGY EFFICIENT APPLIANCES S.B. 964 ... (Smith) creates a sales tax holiday during the third week in April for most "Energy Star" household appliances. Local governments may "opt out" with a vote of the governing body, but they may rescind the ordinance in the future if they decide to participate in the holiday.

LINE OF DUTY COMPENSATION ACT S.B. 966 … (Dempsey et al.) would provide a $100,000 death benefit to the beneficiary of any public safety employee or emergency medical technician who is killed in the line of duty, after Jan 1, 2010.

PERSONAL FINANCIAL DISCLOSURE STATEMENTS S.B. 970 (Scott) Municipal officials would have to file personal financial disclosure statements if the city budget exceeds $2 million (current law sets the threshold at $1 million). (Supported by MML Policy)

MORE PROPERTY TAX RATE ATTACKS S.B. 992 ... (Loudon) Property assessment and tax rate increases would be limited to the rate of change in the consumer price index, unless the property is sold or transferred. (Opposed by MML Policy)

STREAMLINED SALES TAX S.B. 1020… (Bray)  Implements the federal streamlined sales tax act.

RESIDENTIAL PROPERTY TAX RATE LIMITATIONS S.J.R. 44 ... (Loudon)  Limits increases in assessed value of residential property caused by reassessment to the rate of change in the consumer price index until a transfer of ownership occurs. (Opposed by MML Policy)