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Missouri Municipal League

Legislative Wrap-Up

May 19, 2010

2010 LEGISLATIVE WRAP- UP

The Second Session of the 95th General Assembly adjourned at 6:00 p.m. on Friday, May 14. As usual, the end was a flurry of Conference Committee reports, some well over 100 pages in length. The MML successfully deflected all legislation opposed by the MML Policy Statement. That success is overwhelmingly due to the contacts by local officials throughout the legislative session. Without the timely and substantive contacts by municipal officials, this legislative session would have resulted in serious setbacks for local governments.

BILLS OF MUNICIPAL INTEREST THAT PASSED

Four-Day Meeting Notices S.B. 851 and H.B. 1444 ... Requires municipalities to provide a four-day notice instead of a 24-hour notice when a vote will be taken to use TIF, TDD, CID, eminent domain, other public funds to finance a retail project. A four-day notice is also required for any meeting where a vote will be taken to increase taxes; except for a vote to set annual property tax rates. Any legal action challenging the notice requirements must be filed within 30 days or the meeting will be deemed not to have been properly noticed and held. These provisions do not apply to any votes or discussions related to proposed ordinances that require a minimum of two separate readings on different days for passage.

Property Assessed Clean Energy (PACE) H.B. 1692 ... Enables interested municipalities and counties to set up special Clean Energy Development Boards (CEDB) capable of issuing low-interest bonds, and the bond money is used to cover the costs of a loan program. Participating property owners, both commercial and residential, can opt-in and receive a 20-year loan for renewable energy and energy efficiency improvements, and pay the loan back through a 20-year assessment on their property taxes. This arrangement spreads the cost of clean energy improvements across a 20-year payment plan that automatically transfers to the next property owner if the property is sold.

Driving While Intoxicated H.B. 1695 ... Is based on the premise that many DWI cases are not reported to a central data base, which allows some repeat offenders to avoid detection. To correct this situation, the Legislature tightened the DWI reporting requirements for police departments, prosecutors and courts. In addition, mandatory sentencing changes based upon the severity of the blood alcohol content were imposed. Municipal courts can still handle first and second DWI arrests. The bill also allows for the creation of DWI dockets and, requires the following:

  • Each law enforcement agency shall adopt a policy requiring the arrest information for all intoxication-related traffic offenses to be forwarded to the Missouri Highway Patrol central repository. Such agencies will certify such policy exists, if applying for grants through the Missouri Department of Public Safety.
  • Each municipal prosecutor shall adopt a policy requiring the forwarding of charge information to the Missouri Highway Patrol central repository. Prosecutors will certify the existence of such policies when applying for grants from the Missouri Department of Public Safety.
  • Each municipal judge shall receive adequate training related to alcohol-related traffic offenses and shall adopt a written policy requiring municipal court personnel to timely report all dispositions of all charges for intoxication-related traffic offenses to the Missouri Highway Patrol central repository. The policy shall be forwarded to the Office of State Courts Administrator and the Missouri Highway Patrol.
  • Municipal courts shall report at least twice yearly (reporting periods end June 30 and December 31) a list of every intoxicated-related traffic offense whether adjudicated, dismissed, or pending to the circuit court en banc. Reports to the circuit court must be made within 60 days of the end of each reporting period.

BILLS OF MUNICIPAL INTEREST THAT DID NOT PASS

Public Construction Bidding Standards ... The MML was able to fend off several attempts to mandate state construction bidding requirements, which included harmful provisions that would have created more opportunities for contractors to sue if they were turned down for a public contract. Though many cities currently have an established local policy on construction bidding, most contracts would not have conformed to the new “legal” standards outlined in the proposed legislation. The bill also included mandatory advertising requirements and minimum bidding thresholds. The MML strongly encourages municipalities to follow common sense bidding practices, but this proposal would have placed onerous unfunded mandates on municipalities.

Joint Liability of Water and Sewer Bills ... Missouri cities for decades have had the statutory authority to collect delinquent water and sewer bills from both the tenant and landlord. This year, the MML was able to fend off attempts to repeal this authority. This issue is sure to surface again in the future.

Red Light Camera Ban ... The Missouri Senate was poised to outlaw red light camera enforcement. A bill containing the ban passed the Senate and was close to final passage, but did not advance in the final two weeks of session. Legislators seemed to be honed in on stopping the use of “speed” cameras – this topic will be back.

Billboards ... The House Transportation Committee voted out several bills this session which would have shifted the cost of condemning nonconforming billboard signs to municipalities and pre-empt local ordinances. All of these bills died in the House Rules Committee.

Wastewater Fees for the Missouri Department of Natural Resources H.B. 2109 ... The bill authorizing the Missouri Department of Natural Resources to collect wastewater fees from municipalities failed to pass this legislative session.  Wastewater fees collection will expire January 1, 2011.

“Fair Tax” HJR 56 and SJR 29 ... Both joint resolutions were heard in committee and the Senate version was debated on the Senate floor several times during the session. These measures would have shifted the state income tax system to one based on an expanded state sales tax.

Sunshine Law Changes HB 1445 ... Would have instituted higher fines for various violations of the Sunshine Law.

Stacking of General and Capital Improvements Sales Taxes ... After the League’s bill to resolve the legal questions surrounding the “stacked” sales tax issue passed the House, Senator Crowell (Cape Girardeau) was able to amend the bill on the Senate floor with an amendment that would have jeopardized municipal sales tax statutes. This attempt was killed in Conference Committee. However, the Senator was able to amend other bills in Conference Committee to add equally harmful municipal sales tax provisions. Fortunately, we were able to remove those provisions shortly before the General Assembly adjourned on Friday.

 

 

 

MUNICIPAL BILLS OF INTEREST

House Bills 2010

 

TEXT MESSAGING WHILE DRIVING-REVISITED … H.B. 1205 (Schad) Prohibits all drivers of a motor vehicle from text messaging while driving.  Legislation passed in 2009 prohibited texting by drivers under 21 years of age.

 

HOMESTEAD PROPERTY TAX EXEMPTION … H.B. 1214 (Dusenberg) Exempts from property taxes anyone over the age of 75 with an income of less $30,000. All potential revenue losses to political subdivisions would be reimbursed by the state, subject to funds being appropriated by the General Assembly. (Opposed by MML Policy)

 

HOMESTEAD TAX RELIEF FOR SENIORS … H.B. 1216 (Dusenberg) Freezes the property taxes for every homeowner over 65.  All potential revenue losses to political subdivisions would be reimbursed by the state, subject to funds being appropriated by the General Assembly. (Opposed by MML Policy)

 

SALES TAX EXEMPTION FOR FITNESS CLUB DUES … H.B. 1222 (Smith, 14th) Exempts from sales tax membership fees to heath and fitness clubs. (Opposed by MML Policy)

 

HOMESTEAD TAX RELIEF FOR SENIORS … H.B. 1228 (Dusenberg) Similar to H.B. 1216, but limited to low income seniors. (Opposed by MML Policy)

 

RED LIGHT CAMERAS … H.B. 1229 (Kraus) Fines collected for a red light camera violation shall go to the local school district. (Opposed by MML Policy)

 

TEXT MESSAGING WHILE DRIVING-REVISITED … H.B. 1276 (Wells) Same as H.B. 1205.

 

OPEN MEETINGS/RECORDS LAW … H.B. 1299 (Lampe) Makes numerous changes to the Sunshine Law including increased penalties for violations. (Opposed by MML Policy)

 

HOMESTEAD PROPERTY TAX EXEMPTION … H.B. 1321 (Parson) Grants property tax exemptions to seniors over seventy years of age.  Reimburses political subdivisions for revenue loss caused by this exemption if funds are appropriated by the General Assembly. (Opposed by MML Policy)

 

LIMIT INCREASE IN RESIDENTIAL PROPERTY ASSESSMENT … H.B. 1350 (Ruestman)Limits the growth in assessments on owner occupied residential property to 2 percent or the increase in the consumer price index, whichever is less.  Allows residential property owners to choose how their property value is determined. (Opposed by MML Policy)

 

PROPERTY TAX REPLACEMENT SALES TAX … H.B. 1361 (Komo) 

Authorizes the governing body of any political subdivision to abolish its property tax and replace it with a sales tax. Establishes an initiative petition process for the repeal of the sales tax, holding out the possibility the political subdivision will be left with neither a sales tax nor a property tax. (Opposed by MML Policy)

 

HOMESTEAD TAX RELIEF FOR SENIORS  … H.B. 1386 (Nolte) Similar to H.B. 1228.

(Opposed by MML Policy)

 

FIREARM AND AMMUNITION SALES TAX HOLIDAY … H.B. 1387 (Gatschenberger)

Exempts firearms and ammunition from all state sales tax for a three day period in October. Any city could opt into the sales tax holiday.

 

LIBRARY SALES TAX … H.B. 1394 (Kirkton) Allows municipal libraries and library districts to impose a one-half cent sales tax.

 

INITIATIVE PETITION IN 3RD CLASS CITIES ... H.B. 1396 (Roorda) Authorize citizen initiative petitions in all 3rd class cities when a petition is signed by a number equal to 25 percent of the votes cast in the last mayoral election. Currently, citizen initiative petitions are authorized only in 3rd class cities operating under the council manager plan and when the petition is signed by a number equal to 25 percent of the votes cast in the last municipal election.

 

TIF REIMBURSEMENTS … H.B. 1397 (Roorda) Allows ambulance and fire districts to set their TIF reimbursement amount instead of the municipality. (Opposed by MML Policy)

 

RESTORING SPECIAL DISTRICT ELECTIONS … H.B. 1403 (Cox) Repeals the law allowing special districts to cancel elections if the number of candidates filing for a position is equal to the number of positions available.

 

LANDLORD/TENANT JOINT LIABILITY FOR DELINQUENT UTILITY BILLS … H.B. 1409 (McGhee) Prohibits municipalities from holding the landlord and tenant jointly liable for delinquent utility bills. (Opposed by MML Policy)

 

FORFEITURE OF BENEFITS BY ELECTED OR APPOINTED OFFICIALS … H.B. 1414 (McGhee) Any elected or appointed official who is found guilty of any felony must immediately forfeit all benefits provided to them by the state or political subdivision.

 

PROHIBITS THE USE OF MUNICIPAL FUNDS TO PURCHASE ALCOHOL … H.B. 1431 (Flook) Prohibits any political subdivision from using tax revenue to purchase alcohol.

 

“STACKED” SALES TAX … H.B. 1442 (Jones, 89th) Caps the general fund sales tax at two cents and the capital improvement sales tax at one cent.  The bill does not affect the sales taxes in St. Louis County. (Supported by MML Policy)                

 

OPEN MEETINGS LAW … H.B. 1444 (Jones, 89th)  Requires a four day notice where any tax increase, zoning matter, TTF, TDD or CID issue is discussed.  Also mandates public comment periods. (Opposed by MML Policy)

OPEN MEETINGS LAW … H.B. 1445 (Jones, 89th)  Makes numerous changes to the Sunshine Law including increasing penalties for violations, requiring a five day notice of meeting discussing fee or tax increases, eminent domain, zoning, TDDs or TIFs. (Opposed by MML Policy)

SWEEP ACCOUNTS … H.C.S.H.B. 1446 (Jones) allows public entities and political subdivisions to deposit funds and earn interest based on short-term sweeps of accounts and the redeposit of funds. 

MOTOR FUEL TAX EXEMPTION … H.B. 1458 (Thomson) Exempts fuel used in the operation of school buses from the state motor fuel tax. (Opposed by MML Policy)

MOTOR FUEL TAX EXEMPTION … H.B. 1469 (Wallace) Same as H.B. 1458. (Opposed by MML Policy)

STORM WATER FEES: 3RD CLASS CITIES … H.B. 1680 (Roorda) prohibits third class cities from imposing storm water fees on any church, school, nonprofit organization, or political subdivision. (Opposed by MML Policy)


MUNICIPAL HANDLING OF DWI's ... H.B. 1695 (Stevenson) The bill mandates that all DWIs involving a breath alcohol content of .15 or higher be prosecuted by the county prosecutor as well as offenders with prior DWI convictions. In addition, if a person refuses to take a breath test, the case will be automatically forwarded to the county prosecutor. In reference to reporting, cities would be mandated to use the Driving While Intoxicated Tracking System (DWITS) which is operated by the Missouri State Highway Patrol. The League supports language allowing the prosecution of a second DWI arrest in the circuit court if it involves bodily injury or property damage, as well as subsequent DWIs. We also support greater use of the DWITS system.

DWI COURTS ESTABLISHED … H.B 1702 (Stevenson) municipal courts may not issue a suspended imposition of sentence to a persistent offender unless the offender is actively participating in a DWI court.

ELECTIONS: CITY TAX MUST BE PAID … H.B. 1739 (Walsh) candidates for any public office cannot appear on the ballot if they have delinquent city taxes or user charges.

DRIVING WHILE INTOXICATED … H.B. 1742 (Stevenson) mandates police departments, municipal prosecutors, and municipal courts use of the Missouri State Highway Patrol “driving while intoxicated tracking system” (DWITS). H.B. 1674 (Lipke) is similar to this bill with the exception that this bill requires all entries into DWITS be made within 15 days of arrest.

MORE DWI LEGISLATION … H.B. 1743 (Stevenson) municipal court cannot prosecute DWI’s involving prior offenders, blood alcohol contents of .15 or higher, or any case involving a refusal, unless the municipality participates in the DWIT’s reporting system.

MUNICIPAL FINE INCREASE … H.B. 1762 (Burnett) increase the fine for municipal ordinance violations from $500 to $1,000.

STATE WIDE SMOKING BAN … H.B. 1766 (Bivins) prohibits smoking in all indoor and outdoor areas customarily used by the general public including: restaurants, bars, and governmental facilities.

SALES TAX EXEMPTION … H.B. 1767 (Bivins) exempts the sale of eyeglasses from state and local sales taxes.

AUDIO RECORDING OF CLOSED MEETINGS … H.B. 1769 (Bivins) requires a “verbatim audio recording” of all closed meetings. The recordings must be kept for at least 18 months.

911 CALLS FROM PAY PHONES … H.B. 1770 (Bivins) prohibits the levying of a fine on owners of a pay phone for non emergency 911 calls.

INTERNAL POLICE INVESTIGATION RECORDS … H.B. 1780 (Roorda) allows investigation reports involving a law enforcement officer’s conduct or fitness for employment to be closed.

LOCAL INITIATIVE PETITION … H.B. 1788 (Parson) a political subdivision must place a measure on the ballot asking voters whether a tax rate should be decreased if they receive a petition signed by 33 percent of the registered voters.

IMPACT STUDY REQUIRED … H.B. 1813 (Englund) requires municipalities to conduct a comprehensive economic impact study as a part of the city’s review of a land use permit for retail projects of 75,000 square feet or more.

SALES TAX EXEMPTION … H.B. 1819 (Nolte) exempts the sale of new vehicles assembled and sold in the state of Missouri from local and state sales taxes. (Opposed by MML Policy)

ST. LOUIS FIRE DEPT. RESIDENCY … H.B. 1827 (Pratt) prohibits St. Louis from requiring firefighters to live within the city limits. (Opposed by MML Policy)

COLLECTIVE BARGAINING … H.B. 1829 (Walsh) establishes the Public Employee Bargaining Act which changes the laws regarding public employee labor organizations including the use of secret balloting and exclusive representation.

DISTRESSED WATER BODIES … H.B. 1748 (Lampe) authorizes MoDNR to designate certain water bodies as distressed and imposes increased requirements on facilities that discharge into such distressed water body.

DEFERRAL OF PROPERTY TAXES … H.B. 1835 (Zimmerman) allows senior citizens 62 years of age or older to defer paying property taxes on their residence.

SUNSHINE LAW AND CELL PHONES … H.B. 1837 (Zimmerman) expands the Sunshine Law definition of “public governmental body” by including any public official using “state-funded equipment for their official communications.”

LOBBYING … H.B. 1838 (Zimmerman) prohibits an elected official or their staff from registering or acting as a lobbyist, unless such lobbying is for a governmental entity.

SALES TAX EXEMPTION … H.B. 1864 (Ruestman) exempts items sold at a farmers market from state and local sales taxes. (Opposed by League Policy)

LICENSING OF COMPOST FACILITIES … H.B. 1871 (Schoeller) requires privately and publicly owned composting facilities to register with the Missouri Department of Natural Resources. Municipal facilities would not be required to pay a fee.

LOBBYING … H.B. 1872 (Schoeller) prohibits the use of public funds for lobbying at the Missouri General Assembly. Prohibits municipalities and other political subdivisions from using tax dollars to pay the membership dues of an association that provides lobbying services.

PUBLIC MEETING LAWSUITS … H.B. 1874 (Oxford) allows for an expedited court hearing on matters relating to conduct and speech at a public meeting.

SEAT BELTS … H.B. 1877 (Webber) allows that a driver of a motor vehicle may be stopped and ticketed solely for not wearing a seat belt.

SALES TAX EXEMPTION … H.B. 1881 (Grisamore) exempts from local and state sales taxes any equipment, machinery or computers used in large scale data centers, also known as “server farm facilities.”

PARKING FOR THE DISABLED … H.B. 1883 (Grisamore) requires the term “Accessible Parking” be use to identify parking for the disabled instead of the term “Handicap Parking.”

RANKED-CHOICE VOTING … H.B. 1897 (Zimmerman) establishes a voting system where voters rank candidates for office instead of casting a vote for a single candidate.

POLICE PENSION FUND … H.B. 1899 (Dugger) establishes a statewide public retirement system for police and police chiefs funded by a $2 surcharge on all cases heard in circuit and municipal courts.

SALES TAX EXEMPTIONS FOR TRAILERS … H.B. 1917 (Wilson) exempts horse and utility trailers used for agriculture purposes from state and local sales taxes. (Opposed by MML Policy)

SPEED CAMERAS … H.B. 1947 (Corcoran) prohibits the use of speed automated cameras to catch speeders.

PENALTY FOR DELINQUENT TAXES … H.B. 1954 (Smith) establishes for a three year period beginning on January 1, 2011 the maximum penalty for delinquent property taxes to be 9 percent.

RESTRICTS FELONS … H.B. 2030 (Diehl) restricts felons from being candidates for local-elected offices.

SALES TAX ON TICKET SALES … H.B. 2040 (Munzlinger) provides that sales taxes on purchases of tickets for entertainment venues are paid at the time of the original transaction an not at subsequent sales.

SALES TAX ON TICKET SALES … H.B. 2048 (Sutherland) same as H.B. 2040

 

ELECTED OFFICIALS LOBBYING PROHIBITION ... H.B. 2062 (Lampe) prohibits elected officials from acting or registering as a lobbyist within two years after leaving office.

 

HUNTING AND FISHING SALES TAX HOLIDAY ... H.B. 2074 (Munzlinger) creates the “National Hunting and Fishing Day Sales Tax Holiday,” for the third weekend in September and exempts from taxation firearms, ammunition, bows, arrows, fishing rods, reels, and lures.  This provision currently contains a “opt out” provision.

 

EXEMPTION OF LOCAL SALES TAX ON GUNS/AMMO ... H.B. 2085 (Riddle)  exempts from taxation only the local portion of sales tax on both sporting goods and hunting equipment.

 

NO CONDEMNATION OF GUN SHOPS ... H.B. 2090 (Frame) prohibits cities from exercising the power of eminent domain on commercial gun shops, hunting preserves or shooting ranges.

 

HOMESTEAD PROPERTY TAX EXEMPTION ... H.B. 2091 (Frame) exempts residential property owned by individuals 62 years of age or older from increases in assessed valuation. 

 

SECOND AMENDMENT SALES TAX HOLIDAY ... H.B. 2092 (Frame) similar to H.B. 2074 with the exception of the non firearm products. 

 

BILLBOARDS … H.B. 2097 (Dixon) limits municipal regulation of billboards.  Allows all non-conforming billboards to be treated in all aspects as conforming billboards, including upgrades in technology, lighting, and extensions.  Establishes procedures for resetting billboards when construction occurs along any highway. (Opposed by League Policy)

 

sewer fees … h.b. 2109 (Ruzicka) extends to 2012 the state fee levied on municipal sewer customers and collected by municipalities.

 

Missouri Local Government Employees Retirement SYSTEM … H.B. 2113 (Koenig) changes LAGERS from a defined benefit plan to a defined contribution plan.

 

EMINENT DOMAIN ... H.B. 2125 (Davis) narrows the definition of  blight, as it applies to eminent domain, as an area that is unsanitary, unsafe, endangers life or property or is a menace to public health, safety or morals.

 

Annual Sportsman Sales Tax HolidaY … H.B. 2130 (Parkinson) exempts purchases of firearms hunting equipment, camping equipment, fishing equipment, outdoor nature sports and paddle sports equipment from state and local sales tax during the first weekend in October.  Municipalities would have to pass an ordinance opting out of the sales tax holiday.  (Opposed by League Policy)

 

Local Restitution … H.B. 2137 (Guest) allows any local governing agency to establish a work for restitution program.

 

Firearms … H.B. 2150 (Largent) prohibits the levying of local sales taxes on firearms and any regulation that regulates the open carrying of firearms.  Allows any individual or group to receive attorney fees, expenses and court costs for any successful challenge of a local ordinance, resolution or motion which abridges one’s right to keep or bear arms. 

 

RENEWABLE ENERGY PROJECTS ... H.B. 2155 (Molendorp) allows the financing of certain green energy initiatives within the framework of Community Improvement Districts. 

 

WATER QUALITY POSTING ... H.B. 2165 (Zerr) requires the Missouri Department of Natural Resources to post information regarding water quality testing within three days of collection at both the site of origin and on the internet. 

 

RESTRICTING THE USE OF WATER RESOURCES … H.B. 2168 (Kingery) prohibits the use of a water resource by a public or private water supplier if such use interferes with farming irrigation.  Same as S.B. 604 as reported in Bulletin 4. 

 

PROPERTY TAX ASSESSMENTS FOR ENERGY EFFICIENT PROJECTS ... H.B. 2178 (Holsman) allows municipalities to create clean energy development boards to finance energy improvement projects through the Property Assessed Clean Energy Local Finance Fund.

 

State Energy Code … H.B. 2183 (Lampe) requires municipal enforcement of a statewide energy code for new building construction and renovation established by the Missouri Department of Natural Resources.

 

Sales Tax Exemption For Fitness Club Dues … H.B. 2185 (Schupp) exempts from sales tax membership fees to heath and fitness clubs. (Opposed by MML Policy)

 

BillboardS … H.B. 2202 (Shad) prohibits digital billboards from being located within 1,500 feet intersection located in any municipality or county.

 

Sales Tax Exemption … H.B. 2215 (Nasheed) exempts food from state and local sales taxes. (Opposed by League Policy)

 

Construction Bids … H.B. 2218 (Denison) establishes mandatory municipal construction bid requirements.

 

Public Employee Collective Bargaining … H.B. 2227 (Lampe) institutes procedures for public employee collective bargaining.

EMINENT DOMAIN … HJR 52 (Harris) Prohibits use of eminent domain to redevelop blighted areas. (Opposed by MML Policy)

TAX RESTRUCTURING … HJR 56 (Emery) Commonly referred to as the “Fair Tax” plan, replaces the personal and corporate income tax with a higher sales tax that also would be applied to services.  Also, abolishes St. Louis and Kansas City earnings taxes.  Municipalities would have to reduce sales taxes to be revenue neutral.

NUISANCE ABATEMENT … HJR 53 (Harris) Municipalities may only abate nuisances defined by common law and only after a final judgment by the courts. (Opposed by MML Policy)

PERSONAL PROPERTY TAX EXEMPTION … HJR 60 (Jones, 89th) Exempts veterans who have been awarded a purple heart from paying personal property tax on their primary motor vehicle. (Opposed by MML Policy)

BUSINESS PERSONAL PROPERTY TAX EXEMPTION … H.J.R. 75 (Ervin) constitutional amendment to exempts “business owned” personal property from personal property taxation. (Opposed by MML Policy)

ACTIVE DUTY PERSONAL PROPERTY TAX EXEMPTION … H.J.R. 83 (Hodges) exempts from personal property taxation, property held by active duty personnel permanently stationed outside the state.

STATEWIDE INITIATIVE PETITIONS … HJR 92 (Munzlinger) requires initiative petitions from all congressional districts in order to place an amendment to the Missouri Constitution on the ballot; currently petitions from two-thirds of the districts are required.

INITIATIVE PETITION PROCESS  ... H.J.R. 94 (Dethrow) changes the current requirement of gathering eight percent of legal voter signatures within six of Missouri’s nine congressional districts to eight out of nine districts. 

 

 

Senate Bills 2010 

STRAW VOTES … S.B. 581 (Griesheimer) Allows 3rd class cities to submit advisory, non-bidding propositions to the voters.

FELONS BARRED FROM HOLDING PUBLIC OFFICE … S.B. 589 (Nodler) Prohibits a convicted felon from holding any public office.

SALES TAX REFUNDS … S.B. 623 (Shoemeyer) Prohibits the payment of interest by local governments on sales tax refunds.  Allows the Missouri Department of Revenue to limit the amount local governments must pay in refunds.

RED LIGHT CAMERAS … S.B. 637 (Lembke) Prohibits all red light enforcement cameras. (Opposed by MML Policy)

ST LOUIS COUNTY EMERGENCY COMMUNICATIONS SALES TAX … S.B. 638 (Lembke)  Sunsets the St. Louis County Emergency Communications Sales Tax after five years and exempts food from the tax. (Opposed by League Policy)

PROPERTY ASSESSMENTS … S.B. 671 (Cunningham) Residential assessments can increase only 1 percent per year.  Property owners can hire their own appraisers. (Opposed by MML Policy)

HAZARDOUS SUBSTANCE SPILLS … S.B. 680 (Crowell) Persons responsible for hazardous substance spills would only be liable for 24 percent of the clean up costs.

TEXT MESSAGING BY DRIVERS … S.B. 701 (McKenna) Prohibits all drivers of a motor vehicle from text messaging while driving.  Legislation passed in 2009 prohibited texting by drivers under 21 years of age.

BILLBOARDS … S.B.704 (Griesheimer) Limits municipal regulation of billboards.  Allows all non-conforming billboards to be treated in all aspects as conforming billboards; including upgrades in technology, lighting, and extensions.  Establishes procedures for resetting billboards when construction occurs along any highway. (Opposed by League Policy)

BAD DEBT DEDUCTION … S.B. 705 (Griesheimer) Allows providers of natural gas to deduct “bad debt” from their municipal business license payment.

STATE AUDIT OF LAGERS … S.B. 714 (Crowell) Gives the State Auditor the authority to audit LAGERS.

MUNICIPAL PUBLICATION REQUIREMENTS … S.B. 756 (Bray) allows third and fourth class cities and villages to post year end financials on the city website or through a mailing to all residents.

COLLECTIVE BARGAINING FOR POLICE OFFICERS … S.B. 761 (Green) allows police officers to collectively bargain as do all other public employees. Also removes the ability of the governing body to “modify” agreements.

SALES TAX CREDIT AND REDEMPTION … S.B. 769 (Scott) if a vehicle, boat, or trailer “trade-in” is worth more than the vehicle, boat, or trailer being purchased, the remainder of the sales tax credit may be applied to subsequent purchases of similar items, 180 days from the date of the original trade-in.

ECONOMIC DEVELOPMENT INCENTIVE … S.B 813 (Griesheimer) authorizes the Missouri Department of Economic Development to increase the TIF supplemental tax increment financing fund and increase the amount in certain tax credit programs.

SALES TAX EXEMPTION … S.B. 823 (Ridgeway) exempts utilities and equipment used in data storage from local and state sales taxes. (Opposed by MML Policy)

RESTRICTING THE USE OF WATER RESOURCES … S.B. 604 (Mayer) prohibits the use of a water resource by a public or private water supplier if such use interferes with farming irrigation.

 

DWI OFFENSES ... S.B. 836 (Justus) establishes new procedures for handling “driving while intoxicated” offenses in municipal court.

TAX CREDITS FOR SPORTING EVENTS ... S.B. 840 (Schmitt) authorizes the granting of state income tax credits as an incentive to attract major sporting events.

911 BOARD ... S.B. 849 (Barnitz) makes the local "Emergency Services Board" a political subdivision of the state.

TERRITORIAL AGREEMENTS ... S.B. 850 (Barnitz) establishes a territorial agreement procedure for municipalities and sewer districts located in third class counties.

INCREASED NOTICE REQUIREMENT … S.B. 851 (Schmitt) requires at least four days notice before a vote on any tax increase, eminent domain, TDD, CID, or other redevelopment projects can take place.

DISCRIMINATION CASES … S.B. 852 (Lager) changes the way discrimination cases are judged under the Missouri Human Rights Act.

POLICE REPORTS … S.B. 854 (Keaveny) prohibits the identity of a police officer, other than one who is the subject of a criminal investigation from being disclosed in an investigative report.

SPEED CAMERAS… S.B. 864 (Lembke) prohibits the use of speed automated cameras to catch speeders.


SALES TAX EXEMPTION … S.B. 868 (Ridgeway) exempts utilities and equipment used in data storage from local and state sales taxes.

DWI COURTS … S.B. 880 (Schaefer) creates DWI courts, and a court surcharge of $100 on intoxicated-related traffic offenses to support the operation of the court.

MUNICIPAL TAXES AND USER FEES … S.B. 881 (Green) disqualifies candidate for any elective office from being on the ballot if they are delinquent in any municipal taxes or uses fees.

BUSINESS LICENSE/HOTELS … S.B. 883 (Dempsey) prohibits requiring a business license for hotels and motels when the city has a hotel/motel tax.

PLUMBING CODES … S.B. 886 (Schaefer) requires all municipalities and counties to adopt the national plumbing code.

UNION PARTICIPATION … S.B. 888 (Crowell) states that employees cannot be required or prohibited from joining a labor union.

STREAMLINED SALES TAX … S.B. 905 (Bray) implements the streamlined sales tax provisions in Missouri.

 

Fire Sprinkler … S.B. 927 (Cunningham) establishes a state registration for fire sprinkler system contractors and prohibits municipalities from licensing such contractors.

 

Back to School sales tax Holiday … S.B. 937 (Justus) adds bicycles to the items that are exempt from state and local sales taxes (municipalities may opt out) during the back to school sales tax holiday.

 

Sales Tax Exemptions … S.B. 944 (Sheilds) exempts tips from state and local sales taxes. (Opposed by League Policy)

 

Municipal Electric Utilities … S.B. 957 (Green) requires all electric utilities, including municipal utilities, to purchase electricity from combined heat and power generators (cogeneration).

 

Sales Tax Exemptions … S.B. 973 (Ridgeway) exempts the sale of sporting clays, wobble, skeet and trap targets from state and local sales taxes. (Opposed by League Policy)

 

Composting Facilities … S.B. 988 (Shoemyer) establishes a state registration program for composting facilities. Municipal compost facilities would have to register, but would not have to pay a fee.

HEALTH INSURANCE … SJR 23 (Ridgeway) Prohibits any political subdivision from participating in a public health insurance program sponsored by the federal government.

PROPERTY ASSESSMENTS … SJR 26 (Cunningham)Residential assessments can increase only 1 percent per year.  (Opposed by League Policy)

PROPERTY TAX INCREASES ONLY APPROVED AT GENERAL ELECTIONS … S.J.R. 30 (Bartle) municipalities proposing higher rates of property tax to voters may only do so during a general election.

TAX RESTRUCTURING … S.J.R. 37 (Ridgeway) commonly referred to as the “Fair Tax” plan, replaces the personal and corporate income tax with a higher sales tax that also would be applied to services. Also, abolishes St. Louis and Kansas City earnings taxes. Municipalities would have to reduce sales tax rates to be revenue neutral. (Opposed by MML Policy)

 

 

 

 

 

RESOURCES

2010 Legislation To Follow

Glossary of Legislative Terms

MML Policy Statement

How a Bill becomes a Law (chart)


2010 LEGISLATIVE BULLETINS