Track: Finance and Taxation HB1256 - Modifies Provisions Relating to Personal Property Tax Obligations and Motor Vehicle, Trailer, and Boat Registration

BILL STATUS REPORT

5/26/2020

Track: Finance and Taxation HB1256 - Modifies provisions relating to personal property tax obligations and motor vehicle, trailer, and boat registration

Sponsor

Rep. Sara Walsh (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Downsizing State Government by a vote of 6 to 3.

This bill requires license bureau fee offices awarded contracts by the Department of Revenue (DOR) to electronically verify personal property tax payment data as directed under Section 301.025, RSMo.

The bill also authorizes the option of electronic verification that personal property taxes were paid for the year immediately preceding the year for which registration is applied as an alternative to a paper tax receipt.

Beginning August 28, 2021, no motor vehicle, vessel, or trailer license registration or renewal may be issued until the license bureau fee office electronically verifies that the applicant has paid all personal property taxes due on the motor vehicle, vessel, or trailer.

Beginning August 28, 2021, all county collectors and collectortreasurers must participate in the electronic data-sharing agreement with the DOR to enable electronic verification of paid personal property taxes. The costs of implementing this requirement can be charged to the tax maintenance funds established in Chapters 52 and 54.

The bill authorizes the option of electronic verification that personal property taxes were paid for the year immediately preceding the year for which a vessel certificate of number or registration is applied as an alternative to a paper tax receipt.

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that this will simplify the registration process for many people, and a large majority of collectors already have the ability to provide personal property tax payment data to the Department of Revenue electronically.

Testifying for the bill was Representative Walsh.

OPPONENTS: Those who oppose the bill say that requiring a paid personal property tax receipt in order to register a motor vehicle, vessel, or trailer is the only way to get some people to pay those taxes.

Testifying against the bill were Missouri Association of Counties; Missouri Association of County Collectors; ;School Administrators Coalition; and Boone County, Missouri.

OTHERS: Others testifying on the bill say that there are loopholes in the bill that need to be closed before the bill will work.

Testifying on the bill were Missouri State Assessors Association; and Department of Revenue.

Last Action

02/19/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB1259 - Modifies provisions regarding transportation development district elections

Sponsor

Rep. Dan Stacy (R)

Summary

This bill requires the circuit court to conduct transportation development district director elections in a manner similar to mail-in elections for any registered voters in a district.

Registered voters will be sent a mail-in ballot with an affidavit by the court after it receives voter information from an election authority. The court may conduct such elections where landowners are also eligible to vote under current law without the use of a mandatory mail-in ballot. Election days are specified in the bill and voter eligibility is determined by either land ownership or registration to vote 45 days prior to an election. If the measure passes, the election authority will provide notice to the court which has authority to authorize the formation of the transportation development district.

This bill is the same as HB 30 (2019).

Last Action

03/10/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB1278 - Changes the laws regarding real property to require the filing of a certificate of value before transferring interest in real property.

Sponsor

Rep. Sarah Unsicker (D)

Summary

This bill specifies that a recorder of deeds cannot accept for recording any deed or instrument by which any interest in residential, commercial, or industrial real property within the state can be granted, assigned, transferred, or otherwise conveyed to or vested in any person unless the deed or instrument indicates, in a manner to be determined by the State Tax Commission, that a completed certificate of value has been delivered to the assessor. The certificate of value form must report specified information including the amount of the full actual consideration paid or to be paid, whether the transaction was at arm's length, and the actual or intended use of the property. A $10 filing fee is required.

Information contained in a certificate of value must be made available to the commission for developing ratios as required in Chapter 163, RSMo, and for other statistical purposes or public proceedings. The assessor is allowed to use the information for statistical purposes in implementing a general reassessment plan or an assessment and equalization maintenance plan. The required financial data need not be provided on a certificate of value for a transfer of title or other interest in residential, commercial, or industrial real property under specified situations.

The bill becomes effective January 1, 2021.

This bill is the same as HB 63 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1308 - Modifies provisions relating to certain tax credits

Sponsor

Rep. Noel Shull (R)

Summary

Beginning January 1, 2020, this bill reauthorizes a tax credit for an eligible small business equal to the amount the small business paid as a guaranteed fee to the United States Small Business Administration to obtain guaranteed financing and to programs administered by the United States Department of Agriculture for rural development or farm service agencies. The tax credit is not transferable, cannot be sold, but may be carried forward 10 years.

Last Action

01/15/2020 H - Not heard in committee

HB1309 - Authorizes the village of Claycomo to levy, upon voter approval, a sales tax whose revenue is dedicated to public safety

Sponsor

Rep. Noel Shull (R)

Summary

This bill adds certain villages to the list of cities and villages authorized to impose, upon voter approval, a sales tax of up to .05% for public safety purposes, including expenditures on equipment, city employee salaries and benefits, and facilities for police, fire, and emergency medical providers.

Currently, this only applies to the village of Claycomo.

This bill is similar to HB 610 (2019).

Last Action

02/04/2020 H - Not heard in committee

HB1357 - Directs fines from certain municipal ordinances to be distributed annually to the schools of the county in the same manner that proceeds of all penalties, forfeitures, and fines collected for the breach of the penal laws of the state are distributed Sponsor

Rep. Mark Ellebracht (D)

Summary

This bill allows county schools to receive the proceeds of fines for specified municipal ordinance violations in the same manner that they currently collect revenue for fines collected for the breach of state laws.

This bill is similar to HB 1202 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Judiciary

HB1369 - Authorizes a waiver for certain property tax penalties

Sponsor

Rep. Mark Ellebracht (D)

Summary

This bill authorizes a one-time waiver, at the discretion of the county collector, for a penalty for late payment of property tax so long as the tax is paid within 30 days of the due date and the taxpayer timely paid the tax on the property for the past five years. The penalty is only waived for property tax up to $20,000.

This bill is the same as HB 395 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1380 - Modifies provisions regarding property tax relief

Sponsor

Rep. Barbara Washington (D)

Summary

Currently, a veteran with a 100% service-connected disability is eligible to claim a property tax credit depending on household income and the amount of either real property taxes paid or rent paid. This changes the percentage of disability to 50% for veterans.

This bill is the same as HB 176 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1409 - Modifies provisions relating to property tax assessments

Sponsor

Rep. Robert Sauls (D)

Summary

This bill requires the Assessor of Jackson County to meet specified requirements when the assessed value of any parcel of residential property is increased by more than 15% from the previous assessment, excluding increases due to new construction or improvements.

The assessor is required to:

(1) Notify the property owner in writing and provide clear written notice of the owner's rights relating to the physical inspection of their property. If a physical inspection is required, the property owner may request that an interior inspection be performed during the physical inspection. The owner has no less than 30 days to notify the assessor of a request for an interior physical inspection; and

(2) Perform a physical inspection with on-site personal observation and review of all exterior portions of the land and any buildings and improvements to which the inspector has or may reasonably and lawfully gain external access, and must include an observation and review of the interior of any buildings or improvements on the property upon the timely request of the owner (Section 137.115, RSMo).

Additionally, this bill specifies that the Assessor of Jackson County has the burden to prove that the assessor's valuation does not exceed the true market value of the assessed property to the Board of Equalization, and that the physical inspection was done in accordance with this bill. If the assessor does not meet this burden, the property owner will prevail on the appeal as a matter of law (Section 138.060). Currently, these provisions only apply to St. Louis County.

This bill contains an emergency clause.

This bill is the same as HB 8 (1st Extraordinary Session 2019).

Last Action 02/04/2020 H - Committee hearing cancelled - Ways and Means - 02/05/20 - 8:00 am - HR 5

HB1433 - Changes the rates of the state motor fuel tax

Sponsor

Rep. Kip Kendrick (D)

Summary

This bill would increase the current motor fuel tax of $0.17 per gallon to $0.19 per gallon on January 1, 2021. Additionally, this bill would then reduce the motor fuel tax to $0.18 per gallon on January 1, 2031 for all years thereafter.

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1469 - Establishes a sales tax exemption for livestock and agricultural trailers

Sponsor

Rep. Cheri Toalson Reisch (R)

Summary

This bill exempts all sales of trailers used primarily for the transport of livestock or for other agricultural purposes from sales and use taxes. Additionally, the Department of Revenue must create a form to be signed and submitted by the purchaser at the time of titling that states the trailer will primarily be used for the transport of livestock or for other agricultural purposes.

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1476 - Modifies provisions relating to the state motor fuel tax

Sponsor

Rep. Joe Runions (D)

Summary

Currently, the tax imposed on motor fuel used or consumed in this state is 17 cents per gallon. Beginning January 1, 2021, this bill increases the tax on motor fuel to 19 cents per gallon with a two cent per year increase until the total increased motor fuel tax rate is 23 cents per gallon.

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1480 - Authorizes Greene County and any city within the county to, upon voter approval, levy a sales tax dedicated to early childhood education programs

Sponsor

Rep. Crystal Quade (D)

Summary

This bill authorizes the governing body of any county of the first classification with more than 260,000 but fewer than 300,000 inhabitants or any city within the county to impose, upon voter approval, a sales tax not to exceed .25% on all retail sales within the county or city for the purpose of funding early childhood education.

Currently, this applies to Greene County.

This bill is similar to HB 279 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB1493 - Changes the laws regarding tax increment financing districts

Sponsor

Rep. Doug Beck (D)

Summary

The bill authorizes the State Auditor to audit any redevelopment project created under the Real Property Tax Increment Allocation Redevelopment Act within the state in the same manner as the auditor can audit any agency of the state. The bill changes the definitions of "economic activity taxes" to exclude local sales taxes dedicated to an education program or a fire protection district and "payment in lieu of taxes" to exclude revenue from any tax levied on real property whose revenue is dedicated to an education program or a fire protection district. The bill requires a redevelopment commission to approve a redevelopment plan before the redevelopment project can begin.

This bill is the same as HB 84 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1512 - Establishes a sales tax exemption for certain purchases

Sponsor

Rep. Jeffrey Messenger (R)

Summary

Beginning January 1, 2021, a qualifying business shall receive a sales tax exemption on any materials or supplies directly used in the actual construction or renovation of commercial buildings.

This bill specifies that a qualifying business must be located in a census tract where the average household income is at least 20% below the federal poverty guidelines for a household of four persons, have new employees receive wages that meet or exceed the median wage of the census tract, and meet five of the nine following conditions:

(1) Located in a certified historic structure as defined under Section 253.545, RSMo;

(2) Located in an industrial park;

(3) Located in a building which has been connected to a utilities grid or network, including an electricity, water, or sewer network, within the previous 12 months, provided that the expenses associated with such connection were paid directly by the government of a county or municipality within this state;

(4) Has local property taxes authorized under Chapter 137 which have been deferred for at least five consecutive years;

(5) Is a new business organization or a franchise of an existing business organization and is located on a parcel of land that is less than 10 acres in size;

(6) Hired, within the previous 12 months, at least one new employee who qualifies for benefits under Medicaid or the Supplemental Nutrition Assistance Program;

(7) Hired, within the previous 12 months, at least two new employees who customarily work at least 40 hours per week. If, as of January 1, 2021, the business has at least 10 employees, the business must commit to hiring at least three new employees for every 10 existing employees;

(8) Renovated a building that was previously vacant for at least five consecutive years, and has relocated, or is in the process of relocating, to such building; or

(9) A local chamber of commerce has submitted an affidavit to the Department of Economic Development on such business's behalf, stating and explaining that the business has adequate financial backing to successfully realize its business plan.

Additionally, the Department of Revenue must design and publish an application for businesses who qualify for the sales tax exemption authorized and issue certificates upon approval of a qualifying business's application.

This bill is the same as HB 1106 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1584 - Modifies provisions relating to local use taxes

Sponsor

Rep. Jeff Knight (R)

Summary

This bill 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.

Last Action

01/22/2020 H - Public hearing completed

HB1601 - Authorizes a transient guest tax in the city of Ashland and Cameron upon voter approval

Sponsor

Rep. Sara Walsh (R)

Summary

This bill authorizes, upon voter approval, a transient guest tax in the amount of not more than 5% per occupied room per night. The tax shall be used for the promotion of tourism, growth of the region, economic development purposes, and public safety purposes including but not limited to equipment expenditures, employee salaries and benefits, and facilities for police, firefighters, or emergency medical providers.

Currently, this only applies to the city of Ashland.

Last Action 03/10/2020 H - Voted do pass as substitute from committee

HB1738 - Prohibits public bodies from entering into certain contracts

Sponsor

Rep. Ron Hicks (R)

Summary

This bill shall be known as the "Anti-Disrimination Against Israel Act".

This bill prevents any public entity from entering into a contract with a company, except a sole proprietorship, that is boycotting Israel or territories under its control. There is also an exemption for contracts under $100,000 and contractors with less than 10 employees.

This bill is the same as HB 1006 (2019).

Last Action

01/09/2020 H - Read Second Time

HB1750 - Requires community improvement districts to include more than one property owner

Sponsor

Rep. Vic Allred (R)

Summary

This bill requires community improvement district boundaries to encompass at least two owners of real property.

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB1806 - Modifies provisions relating to refunds of certain tax payments

Sponsor

Rep. Mike Moon (R)

Summary

This bill requires the Department of Revenue to refund, with interest, the sales tax paid in a 10-year period between 2005 and 2015 as a result of an audit when the department expanded its interpretation of sales tax law and the taxpayer did not collect the tax from its customers. The total amount that can be refunded under this bill is $100,000. The department must request an appropriation for any claims that exceed this cap.

This bill requires the Department of Revenue to refund, with interest, the sales tax paid in a period between January 1, 2018, and October 1, 2109, from businesses and individuals that offered wedding venues and that paid sales tax resulting from a audit. The total amount that can be refunded under this bill is $200,000. The department must request an appropriation for any claims that exceed this cap.

This bill has an effective date of July 1, 2021 and claims may be made until July 1, 2026.

This bill is similar to HCS HB 422 (2019).

Last Action

01/27/2020 H - Scheduled for Committee Hearing 01/29/2020 8:00 AM - House-Special Committee on Small Business, HR 1

HB1860 - Modifies provisions relating to property tax increases

Sponsor

Rep. Jeff Coleman (R)

Summary

This bill would make the true value of residential real property the previous assessed valuation of the property, indexed for inflation and exclusive of new construction and improvements, or the value of which the property was sold since its most recent assessment. This bill will not affect the ability of any county assessor to decrease the value of any residential real property.

This bill has an effective date contingent on the effective date of an amendment to the Constitution of Missouri allowing for a statutory limitation on the amount by which the assessed value of residential real property may be increased.

Last Action

01/22/2020 H - Public hearing completed

HB1894 - Modifies provisions relating to property assessments

Sponsor Rep. Nick Schroer (R)

Summary

This bill requires each county assessor to make an annual report, due by April 1, to the State Tax Commission providing a summary update of property assessments made in the county. The report must include information detailing how any bank-owned and foreclosed property affected the valuations of other assessed property. Additionally, the State Tax Commission will review and summarize these reports into a single abbreviated report that will be provided to the General Assembly no later than July 1 (Section 53.115, RSMo).

This bill specifies that whenever an assessor increases the value of any real property by more than 3% and the assessment is appealed to the County Board of Equalization, the County Commission, or a court of this state, the assessment will be presumed to be an error and will be subject to modification. The assessor will have the burden to prove the assessment is correct and may overcome this burden by presenting clear and convincing evidence that the assessed value does not exceed the true market value of the property (Section 137.181).

Last Action

03/16/2020 H - Reported Do Pass Committee

HB1895 - Modifies provisions relating to use taxes

Sponsor

Rep. Bill Falkner (R)

Summary

Currently, the Department of Revenue must maintain a mapping feature on its website that displays various sales tax information. This bill requires the mapping feature to include use tax information (Section 32.310, RSMo).

Beginning October 1, 2020, this bill provides that a vendor will be considered to be engaging in business activities in this state when certain criteria specified in the bill is met. Vendors meeting such criteria will be required to collect and remit the use tax as provided under current law (Section 144.605).

This bill requires the Department of Revenue to provide and maintain a downloadable electronic database at no cost to the user of the database for taxing jurisdiction boundary changes and tax rates. Vendors will not be liable for reliance upon inaccurate data provided by the department on tax rates, boundaries, or taxing jurisdiction assignments (Section 144.637).

This bill modifies ballot language required for the submission of a local use tax to voters by including that the approval of the local use tax will eliminate the difference in tax rates collected by local and out-of-state sellers by imposing the same rate on all sellers (Section 144.757).

This bill is the same as HB 701 (2019).

Last Action

01/29/2020 H - Public hearing completed

HB1907 - Modifies provisions relating to property tax

Sponsor

Rep. Phil Christofanelli (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Ways and Means by a vote of 8 to 0.

The following is a summary of the House Committee Substitute for HB 1907.

Currently, stationary property used for transportation or storage of liquid and gaseous products is defined as real property. This bill redefines these items, excluding propane and LP gas equipment, as tangible personal property and their value subject to a standardized depreciation table, as defined in the bill.

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that without the standardization provided by the bill, differing depreciation schedules used by different county assessors would lead to uneven rates for consumers that utilize the end products that are transported in these properties.

Additionally, supporters claimed that the change in the bill is the phrase used to define pipes and it makes sense to define this property as personal property since these pipes are not land.

Testifying for the bill were Representative Christofanelli; Missouri American Water; Matthew Landwehr, Thompson Coburn LLP; Associated Industries of Missouri; and Spire Missouri.

OPPONENTS: Those who oppose the bill say that switching the property to personal property speeds up the depreciation values of the property.

Opponents also claimed that the loss of assessed value would hurt bonding efforts of schools through levies and that the tax burden would be shifted onto others owning property in the taxing jurisdiction.

Testifying against the bill were School Administrators Coalition; Wendy Nordwald, Missouri Association of Counties and Missouri Association of Assessors.

OTHERS: Others testifying on the bill say that propane and LP gas equipment industries have an agreement with the State Tax Commission and would prefer to continue having such property defined as real property.

Testifying on the bill was Missouri Propane Gas Association.

Last Action

04/27/2020 H - Reported Do Pass Committee

HB1914 - Modifies provisions relating to taxation of certain energy- producing property

Sponsor

Rep. Jeff Porter (R)

Summary

This bill modifies several provisions related to property that uses solar energy to generate electricity.

The bill removes solar energy systems not held for resale from properties exempted from taxation (Section 137.100, RSMo).

Additionally, this bill develops a depreciation table, as described in the bill, for the purpose of assessing all real or tangible personal property associated with a project that uses solar energy to generate electricity (Section 137.123).

Beginning January 1, 2021, any public utility company which has ownership of any real or personal property associated with a project that directly uses wind energy to generate electricity will be taxed using a standardized methodology of:

(1) Any solar energy property will be assessed on the county assessor's local tax rolls;

(2) Any real property consisting of land, improvements to the land, improvements attached to the land, and buildings related to the solar energy project will be assessed under Chapter 137 (Section 153.030).

Additionally, this bill specifies that any real or tangible personal property associated with a project which uses solar energy directly to generate electricity will be valued and taxed by any state and local authorities having jurisdiction (Section 153.034)

Last Action

02/19/2020 H - Public hearing completed

HB1933 - Establishes the "Missouri Local Government Expenditure Database"

Sponsor

Rep. John Wiemann (R)

Summary

This bill establishes the "Missouri Local Government Expenditure Database", to be maintained by the Office of Administration. For each fiscal year beginning on or 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 data base 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.

The Office of Administration may stipulate a format for information and will provide a template for municipalities and counties to use in sending information. Other duties and responsibilities of the Office of Administration regarding the database are detailed in the bill. Financial reimbursement to municipalities and counties for costs associated with the database is authorized.

This bill is similar to HB 762 (2019).

Last Action

02/20/2020 S - Referred to Senate Committee on Local Government and Elections

HB1957 - Modifies provisions relating to taxation

Sponsor Rep. John Eggleston (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Ways and Means by a vote of 7 to 0.

The following is a summary of the House Committee Substitute for HB 1957.

INCOME TAX

This bill reduces the top income tax rate 0.14% on January 1, 2021.

Additionally, beginning with the 2022 calendar year this bill will allow the income tax rate to adjust for a period of two years:

(1) For the 2022 calendar year, for every additional $18 million in sales and use tax revenue received from October 1, 2020, to September 30, 2021, less $130 million, exceeds a 2.8% increase in sales and use tax revenue received from October 1, 2019, to September 30, 2020, the top tax rate will be reduced 0.02% from its 2021 rate. For every $18 million in sales and use tax revenue received from October 1, 2020, to September 30, 2021, less $130 million, fails to equal a 2.8% increase in sales and use tax revenue received from October 1, 2019, to September 30, 2020, the top tax rate will be increased 0.02% from its 2021 rate.

(2) Beginning with the 2023 calendar year, for every additional $18 million by which half of the sales and use tax revenue received from October 1, 2020, to September 30, 2022, less $130 million, exceeds a 2.8% increase in sales and use tax revenue received from October 1, 2019, to September 30, 2020, the top tax rate will be reduced 0.02% from its 2021 rate. For every $18 million by which half of the sales and use tax revenue received from October 1, 2020, to September 30, 2022, fails to equal a 2.8% increase in sales and use tax revenue received from October 1, 2019, to September 30, 2020, the top tax rate will be increased 0.02% from its 2021 rate (Section 143.011, RSMo).

ECONOMIC NEXUS

Beginning January 1, 2021, this bill provides that a vendor also engages in business activities in this state if a vendor during a 12 month period meets the following criteria:

(1) Has cumulative gross receipts of at least $100,000 from the sale of tangible personal property to purchasers for the purpose of storage, use, or consumption in this state; and

(2) Does not have a physical presence within the state and the associated sales occurred with use of the Internet (Section 144.605).

TAXING JURISDICTION DATABASE

This bill requires the Director of the Department of Revenue to provide and maintain a downloadable electronic database at no cost to the user for taxing jurisdiction boundary changes and tax rates. Such databases may be directly provided by the director, or may be provided by a third party as designated by the director.

Vendors will not be liable for reliance upon erroneous data provided by the director on tax rates, boundaries, or taxing jurisdiction assignments (Section 144.637).

MARKETPLACE FACILITATORS

By January 1, 2021, marketplace facilitators, as defined in the bill, that meet the use tax economic nexus threshold established in the bill must register with the Department of Revenue to collect and remit use tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the bill. These retail sales will include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace, as defined in the bill.

Marketplace facilitators properly collecting and remitting use tax in a timely manner will be eligible for any discount provided for currently.

Marketplace facilitators must provide purchasers with a statement or invoice showing that the use tax was collected and will be remitted on the purchaser's behalf (Section 144.752).

OTHER PROVISIONS OF THE BILL

Any department that has the Constitutional authority to collect sales and use tax under Article IV of the Constitution of Missouri may remit any new revenue collected under the provisions of the bill to the General Revenue Fund (Section 144.605).

The bill specifies that new revenue collected under the provisions of the bill that would be deposited into the school district trust fund will now be deposited into the state General Revenue Fund (Section 144.701).

This bill specifies that any vendor meeting the provisions of the economic nexus, as defined in the bill, with the state of Missouri, will not be subject to use taxes of a political subdivision in this state unless the use tax is approved or reapproved by the voters of the political subdivision (Section 144.605).

Ballot language for approval or reapproval by the voters of the political subdivision is included in this bill (Section 144.757).

This bill has a nonseverablity clause.

This bill is similar to HCS #2 HB 548 (2019).

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that this bill would level the playing field for businesses within Missouri that must charge a sales tax on the sale of goods. Additionally, the bill lowers the income tax in order to offset the new revenue collected by taxing the sale of goods purchased online. Supporters also claimed that the bill would not alter current use taxes collected by local governments and would allow them to collect revenue from online sales after their votes have voted in the tax. It was also stated that every state, other than Florida, that has a sales or use tax has passed a similar bill into law.

Testifying for the bill were Representative Eggleston, Missouri Chamber Of Commerce; Associated Industries of Missouri; Missouri Tire Industry Association; Missouri Grocers Association; and Missouri Retailers Association.

OPPONENTS: Opponents say that sales and use taxes are regressive in nature and that Missouri is currently in the process of cutting the income tax which leads to uncertainty in the income tax offset. Additionally, opponents were against the local use tax portion of the bill because many local governments have already voted a use tax into law at the local level and there is no need to vote on a measure again. Opponents were also against the portion of the bill that moves a 1% tax on goods sold online from the school district trust fund to the General Revenue Fund.

Testifying against the bill were Missouri Municipal League; Missouri Budget Project; Missouri Association of Counties; Jefferson City School District; Missouri Association of School Administrators; St. Charles County; Missouri National Education Association; St. Louis City; and Municipal League of Metro St. Louis

INFORMATIONAL: Testimony was given on the fiscal note of the bill.

Testifying on the bill was Missouri Department of Revenue

Last Action

03/05/2020 H - Reported Do Pass Committee

HB2091 - Modifies provisions relating to video service providers

Sponsor

Rep. Jack Bondon (R)

Summary

This bill changes provisions relating to video service providers by specifying that no political subdivision can adopt a linear foot fee to be charged to any entity that holds a franchise or video service authorization.

Currently, franchise entities may collect a video service provider fee equal to not more than 5% of the gross revenues of a video service provider providing service in the geographic area of such franchise entity. The bill changes the definition of gross revenues to specify that a franchise entity may collect a video service provider fee equal to not more than 5% of the first $20 of the gross revenues charged to each customer of a video service provider that is providing video service in the geographic area of such franchise entity. A franchise entity or political subdivision can not demand any additional fees, licenses, gross receipt taxes, or charges on a video service provider that holds a video service authorization, or an affiliate of such video service provider, with respect to:

(1) The placement, construction, or modification of facilities integrated with or attached to a video service network within the geographic area of the franchise entity or other political subdivision; or

(2) The provision by such video service provider operator or affiliate of any service over a video service network within the geographic area of the franchise entity or other political subdivision.

The bill also repeals the Sunset date for the Uniform Small Wireless Facility Deployment Act.

This bill is the same as SB 526 (2020).

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB2103 - Places restrictions on how municipalities may allocate revenues from taxes authorized under Article IV, Section 30(a) of the Constitution

Sponsor

Rep. Glen Kolkmeyer (R)

Summary

This bill requires any political subdivision or municipality that imposes a local tax, excise, license or fee under Article IV, Section 30(a) of the Missouri Constitution and enacted after January 1, 2021, to use no less than 90% of the collected funds for the construction, reconstruction, lighting, maintenance, and repair of roads and streets and for the payment of principal and interest on indebtedness incurred on account of road and street purposes, and no more than 10% of such funds collected for policing, signing, and cleaning roads and streets.

This bill is similar to HB 676 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB2154 - Modifies provisions relating to taxes on transient accommodations

Sponsor

Rep. Vic Allred (R)

Summary

Currently, any tax collected by any municipality, county, or local taxing entity on transient accommodations applies solely to amounts actually received by an operator of the transient accommodations. Additionally, current law states that under no circumstances will a travel agent or intermediary be deemed an operator of the transient accommodations, unless they actually operate such a facility.

This bill deems a travel agent or intermediary as an operator of the transient accommodations to the extent that a travel agent or intermediary receives and is entitled to keep any portion of any money paid in a transaction for the booking or rental of any transient accommodations.

Last Action

02/20/2020 H - Withdrawn

HB2172 - Modifies provisions relating to use tax

Sponsor

Rep. Travis Fitzwater (R)

Summary

USE TAX MAPPING

Currently, the Department of Revenue maintains a mapping feature on its website that displays various sales tax information. This bill requires such mapping feature to include use tax information. Political subdivisions collecting a use tax must send such data to the Department of Revenue by January 1, 2021, and the department must implement the mapping feature using the use tax data by August 28, 2021 (Section 32.310, RSMo).

CASH OPERATING EXPENSE FUND

This bill creates the "Cash Operating Expense Fund", which will consist of use tax revenues collected under the provisions of this bill from marketplace facilitators, any funds appropriated to the Office of the Governor for expenses incident to emergency duties performed by the National Guard that are unexpended at the end of a fiscal year, and funds appropriated by the General Assembly.

The Governor may transfer funds from the fund into the General Revenue Fund in any fiscal year in which actual revenues are less than the revenue estimates upon which appropriations were based or in which there is a budget need due to a natural disaster, as proclaimed by the Governor to be an emergency.

If the balance in the fund at the close of any fiscal year exceeds 2.5% of the net General Revenue collections for the previous year, such excess will be divided evenly between the State Road Fund and debt retirement related to bonds issued by or on behalf of the state, as described in the bill (Section 33.572).

ECONOMIC NEXUS

Beginning January 1, 2022, this bill modifies the definition of "engaging in business activities in this state" for use tax purposes to include selling tangible personal property for delivery into this state, provided such vendor had cumulative gross receipts of at least $100,000 from such sales in the previous or current calendar year (Section 144.605).

TAXING JURISDICTION DATABASE

This bill requires the Director of the Department of Revenue to provide and maintain a downloadable electronic database at no cost to the user of the database for taxing jurisdiction boundary changes and tax rates. Such databases may be directly provided by the director, or may be provided by a third party as designated by the director.

Vendors will not be liable for reliance upon erroneous data provided by the director on tax rates, boundaries, or taxing jurisdiction assignments (Section 144.637).

MARKETPLACE FACILITATORS

By January 1, 2022, "marketplace facilitators", as defined in the bill, that engage in business activities in the state will register with the department to collect and remit use tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the bill. Such retail sales will include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace.

Marketplace facilitators properly collecting and remitting use tax in a timely manner will be eligible for any discount provided for under current law.

Marketplace facilitators will provide purchasers with a statement or invoice showing that the use tax was collected and will be remitted on the purchaser's behalf (Section 144.752).

LOCAL USE TAX BALLOT LANGUAGE

EFFECTIVE DATE

The provision relating to creating the Cash Operating Expense Fund contains an emergency clause.

The provisions relating to economic nexus and marketplace facilitators will become effective January 1, 2022.

The remaining provisions will become effective August 28, 2020.

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB2184 - Changes the laws regarding political subdivisions to allow neighborhood and community improvement districts to expend funds on telecommunication services

Sponsor

Rep. Hannah Kelly (R)

Summary

This bill allows for neighborhood and community improvement districts to expend funds for the improvement of telecommunications facilities in the district. Last Action

03/10/2020 H - Public hearing completed

HB2232 - Modifies provisions relating to the assessment of certain property

Sponsor

Rep. Rodger Reedy (R)

Summary

This bill creates several new provisions related to the taxation of commercial property:

(1) This bill would require new or improved commercial property to be assessed and taxed on the first day of the month following the date the property is occupied or January 1st of the following year in which construction or improvements are completed in any county or city not within a county that adopts the provisions of this bill. The assessor may consider a commercial property occupied upon personal verification or if two of the following conditions are met:

·An occupancy permit has been issued for the property;

·A deed transferring ownership from one party to another has been filed with the recorder of deeds' office subsequent to the date of the first permanent utility service;

·A utility company providing service in the county has verified a transfer of service for property from one party to another;

·The person or persons occupying the newly constructed property have registered a change of address with any local, state, or federal governmental office or agency.

In implementing the provisions of this bill, the assessor may use occupancy permits, building permits, warranty deeds, utility connection documents including telephone connections, or other official documents as may be necessary to discover the existence of newly constructed properties. No utility company will refuse to provide verification monthly to the assessor of a utility connection to a newly occupied commercial property.

(2) In the event that an assessment under (1) above is not completed until after the deadline for filing appeals in a given tax year, the owner of the newly constructed property may appeal this assessment the following year to the county Board of Equalization (BOE) and may pay any taxes under protest provided that the payment under protest will not be required as a condition of appealing to the county BOE. The collector will impound the protested taxes and will not disburse the taxes until resolution of the appeal.

(3) In counties that adopt (1) through (4) of the summary under the provisions of this bill, an amount not to exceed 10% of all ad valorem property tax collections on newly constructed and occupied commercial property allocable to each taxing authority within counties of the first classification having a population of 900,000 or more, one-tenth of one percent of all ad valorem property tax collections allocable to each taxing authority within all other counties of the first classification and one-fifth of one percent of all ad valorem property tax collections allocable to each taxing authority within counties of the second, third and fourth classifications and any county of the first classification having a population of at least 82,000 inhabitants, but less than 82,100 inhabitants, in addition to the amount prescribed by Section 137.720, RSMO will be deposited into the assessment fund of the county for collection costs.

(4) For purposes of calculating the tax due on the newly constructed commercial property, the assessor or the BOE will place the full amount of the assessed valuation on the tax book upon the first day of the month following occupancy. The assessed valuation must be taxed for each month of the year following the date at its new assessed valuation, and for each month of the year preceding the date at its previous valuation. The percentage derived from dividing the number of months at which the property is taxed at its new valuation by 12 will be applied to the total assessed valuation of the new construction and improvements, and the percentage will be included in the next year's base for the purposes of calculating the next year's tax levy rollback. The untaxed percentage will be considered as new construction and improvements in the following year and will be exempt from the rollback provisions.

(5) Provisions of this bill under (1) through (4) above will be effective in any county in which the governing body of the county elects to adopt a proposal to implement the provisions. The provisions will become effective in the county on January 1st of the year following the election.

(6) In any county that adopts (1) through (4) above, under the provisions of this bill, prior to June 1st in any year under (5) above, under the provisions of this bill, the assessor of the county must, upon application of the property owner, remove on a pro rata basis from the tax book for the current year any commercial real property improvements destroyed by a natural disaster, as defined in the bill, if the property is unoccupied and uninhabitable due to the destruction. On or after the July 1st, the BOE will perform such duties. Any person claiming destroyed property must provide a list of destroyed property to the county assessor. The assessor will have available a supply of appropriate forms on which claims will be made. The assessor may verify all the destroyed property listed to ensure that the person made a correct statement. Any person who completes such a list and, with intent to defraud, includes property on the list that was not destroyed by a natural disaster will, in addition to any other penalties provided by law, be assessed double the value of any property fraudulently listed. The list must be filed by the assessor, after he or she has provided a copy of the list to the county collector and the BOE, in the office of the county clerk who, after entering the filing thereof, will preserve and safely keep them. If the assessor, subsequent to the destruction, considers such property occupied as provided in (1) above, the assessor will consider such property new construction and improvements and will assess the property accordingly as provided in (1) above. Any political subdivision may recover the loss of revenue caused by the destruction of property under this bill by adjusting the rate of taxation, to the extent previously authorized by the voters of a political subdivision, for the tax year immediately following the year of the destruction in an amount not to exceed the loss of revenue caused by this section.

Last Action 03/11/2020 H - Reported Do Pass Committee

HB2235 - Changes the laws regarding community improvement districts

Sponsor

Rep. Justin Hill (R)

Summary

This bill makes changes to the community improvement district laws. In its main provisions, the bill:

(1) Adds the anticipated source of funds to pay improvement costs, and the anticipated term of the source of funds to the list of items that must be included in the five-year plan that is required to be included in a petition to establish a community improvement district;

(2) Limits the duration of the district to 21 unless the municipality extends the time pursuant to statute;

(3) Requires a municipal clerk to report in writing the creation of a community improvement district to the state auditor; (4) Sets out the qualifications for a district director if there are no registered voters in the district;

(5) Provides that even if the board of directors is to be elected pursuant to the petition to establish the district, a least one member must be appointed for a four-year term by the governing body of the municipality.

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB2245 - Modifies provisions relating to holders of retail liquor licenses

Sponsor

Rep. Dottie Bailey (R)

Summary

This bill allows a retailer that is licensed to sell intoxicating liquor for off-premises consumption to sell the intoxicating liquor to a retailer licensed to sell intoxicating liquor for on-premises consumption without penalty only if the original purchase was from a duly licensed wholesale liquor dealer.

The sale of beer and malt liquor are excluded.

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB2253 - Repeals the statutory provisions imposing a sales tax on food and authorizes a new estate tax to offset lost revenue

Sponsor

Rep. Kevin Windham (D)

Summary

This bill removes the state sales tax on any retail sales of food.

Additionally, beginning January 1, 2021, this bill imposes a tax on the transfer of every decedent's estate in the state that has a value of at least $25,000. The estate tax rate will be determined by rules and regulations established by the Department of Revenue. The department will attempt to set a rate at a level where the tax would be equal to the total amount of revenue that would have been collected in the same fiscal year if the state levied a tax on the retail sale of food at 1%. The revenue derived from the tax collected as specified inthis bill will be deposited in the School District Trust Fund and will be distributed as defined in the bill.

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HJR64 - Authorizes a real property tax rate freeze for certain individuals

Sponsor

Rep. Mark Ellebracht (D)

Summary

Upon voter approval, this proposed Constitutional amendment would prevent increases in the rates of any real property taxes levied on the primary residence of any individual 70 years or older, provided that they have not had sufficient income to be liable for any Missouri state income taxes for the previous three years.

This bill is similar to HJR 8 (2019).

Last Action

02/13/2020 H - Referred to House Committee on Ways and Means

HJR67 - Proposes a constitutional amendment exempting from taxation certain real and personal property owned by certain disabled veterans

Sponsor

Rep. Sonya Anderson (R)

Summary

Upon voter approval, this proposed Constitutional amendment authorizes a real and personal property tax exemption for veterans with a combat-related disability and a total combined disability rating of 80% or more, as determined by the United States Department of Veterans Affairs. The property tax exemption is capped at $200,000 in actual value for 2020, and indexed for inflation in subsequent years.

This bill is the same as HJR 30 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HJR71 - Proposes a constitutional amendment to authorize the highways and transportation commission to construct toll roads and impose and collect tolls on interstates and four-lane roadways

Sponsor

Rep. Jeffrey Messenger (R)

Summary

Upon voter approval, this proposed Constitutional amendment would authorize the expenditure of state funds by the Department of Transportation for use in constructing and operating toll roads approved by the federal government and the General Assembly on interstate or four-lane roads with the restriction that toll rates be set by the Missouri Highways and Transportation Commission subject to legislative approval and that tolls be collected only at the entrances to interstates or four-lane roads.

This bill is the same as HJR 15 (2019).

Last Action 05/15/2020 H - Referred to House Committee on Transportation

HJR74 - Calls for a referendum on the Constitution of Missouri, relating to the assessment of real property values

Sponsor

Rep. Barbara Washington (D)

Summary

Upon voter approval, this proposed Constitutional amendment would freeze the assessment values of any residential real property for the duration of time under which such property is located in a legally defined subdivision immediately adjacent to any subdivision that receives tax abatement. The Department of Revenue must establish and administer a program responsible for implementing this.

This bill is the same as HJR 38 (2019).

Last Action

02/26/2020 H - Public hearing completed

HJR84 - Proposes an amendment to the Constitution of Missouri relating to a sales tax exemption on firearms and ammunition

Sponsor

Rep. Andrew McDaniel (R)

Summary

Upon voter approval, this proposed Constitutional amendment exempts firearms and ammunition from state sales tax.

Last Action

03/10/2020 H - Public hearing completed

HJR85 - Proposes an amendment to the Constitution of Missouri relating to property tax assessments

Sponsor

Rep. Jeff Coleman (R)

Summary

Upon voter approval, this proposed Constitutional amendment provides that the amount by which the assessed values of residential real property may increase over the assessed value of such property from the previous assessment may be limited by law. Last Action

01/22/2020 H - Public hearing completed

HJR88 - Limits the growth of property tax assessments

Sponsor

Rep. Nick Schroer (R)

Summary

Upon voter approval, this proposed Constitutional amendment provides that the assessed valuation for residential real property must not exceed the previous assessed valuation for such property by an amount greater than inflation.

This bill is the same as SJR 43 (2020).

Last Action

01/16/2020 H - Referred to House Committee on Ways and Means

HJR94 - Proposes a constitutional amendment exempting from taxation certain real and personal property owned by a veteran with a total service-connected disability

Sponsor

Rep. Jon Carpenter (D)

Summary

Upon voter approval, this proposed Constitutional amendment authorizes an exemption from property tax for the real and personal property of a veteran with a total service-connected disability up to $200,000 in actual value for 2021 and indexed for inflation in subsequent years.

This bill is the same as HJR 22 (2019).

Last Action

02/13/2020 H - Referred to House Committee on Ways and Means

SB526 - Modifies provisions relating to communications services offered in political subdivisions Sponsor

Sen. Ed Emery (R)

Summary

SCS/SB 526 - This act modifies provisions relating to communications services offered in political subdivisions.

No political subdivision shall require a telecommunications company to obtain a written agreement, other than a permit, for use of the public right-of-way.

Nothing in the provisions of law relating to the public right-of-way shall prohibit a political subdivision or public utility right-of-way user from renewing or entering into a new or existing franchise, upon mutual agreement. Further, nothing in those provisions of law shall prevent a grandfathered political subdivision from charging a public right-of-way user a fair and reasonable liner foot fee or antenna fee pursuant to or from otherwise enforcing existing linear foot ordinances that were in effect on May 1, 2001.

The act repeals a provision stating that nothing shall prevent a grandfathered political subdivision from enacting new ordinances, including amendments of existing ordinances.

No political subdivision shall impose a linear foot fee to be charged to any entity that holds a franchise or video service authorization.

The act modifies the definition of "gross revenues".

Currently, franchise entities may collect a video service provider fee equal to not more than 5% of the gross revenues of a video service provider providing service in the geographic area of such franchise entity. Under the act, a franchise entity may collect a video service provider fee equal to not more than 5% of the first $40 of the gross revenues charged to each customer of a video service provider that is providing video service in the geographic area of such franchise entity.

Finally, the act repeals the sunset date for the Uniform Small Wireless Facility Deployment Act.

This act is similar to HB 2091 (2020), HB 759 (2019), and SB 273 (2019).

Last Action

02/24/2020 S - Placed on Informal Calendar

SB529 - Modifies provisions relating to use taxes

Sponsor Sen. Mike Cunningham (R)

Summary

SCS/SB 529 - This act modifies several provisions relating to use taxes.

USE TAX MAPPING

Current law requires the Department of Revenue to create and maintain a mapping feature on its website that displays various sales tax information. This act requires such mapping feature to include use tax information. Political subdivisions collecting a use tax shall send such data to the Department of Revenue by January 1, 2021, and the Department shall implement the mapping feature using the use tax data by August 28, 2021. (Section 32.310)

CASH OPERATING EXPENSE FUND

This act establishes the "Cash Operating Expense Fund", which shall consist of the state portion of use tax revenues collected under the provisions of this act; any funds appropriated to the Office of the Governor for expenses related to emergency duties performed by the National Guard, matching funds for federal grants and emergency assistance, and expenses of any state agency responding during a declared emergency, as described in the act, that are unexpended at the end of a fiscal year; and moneys appropriated by the General Assembly.

Subject to appropriation, the Governor may transfer moneys from the fund into the General Revenue Fund in any fiscal year in which actual revenues are less than the revenue estimates upon which appropriations were based or in which there is a budget need due to a natural disaster, as proclaimed by the Governor to be an emergency.

When the balance in the fund at the close of any fiscal year exceeds 2.5% of net General Revenue collections for the previous year, such excess shall be divided evenly between the State Road Fund and the Debt Retirement Fund, which is created by the act for the retirement of debt related to bonds issued by or on behalf of the state, as described in the act. (Section 33.575)

ECONOMIC NEXUS

This act modifies the definition of "engaging in business activities within this state" to include vendors that had cumulative gross receipts of at least $100,000 from the sale of tangible personal property for the purpose of storage, use, or consumption in this state in the previous twelve-month period, as described in the act. Vendors meeting such criteria shall be required to collect and remit the use tax as provided under current law. (Section 144.605)

TAXING JURISDICTION DATABASE

This act requires the Director of Revenue to provide and maintain a downloadable electronic database at no cost to the user of the database for taxing jurisdiction boundary changes and tax rates. Such databases may be directly provided by the Director, or may be provided by a third party as designated by the Director.

Vendors shall not be liable for reliance upon erroneous data provided by the Director on tax rates, boundaries, or taxing jurisdiction assignments. (Section 144.637)

LOCAL USE TAX BALLOT LANGUAGE

This act 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, and by repealing ballot language specific to St. Louis County and its municipalities. (Section 144.757)

This act provides that the portion of the local use tax imposed by St. Louis County shall be distributed to the cities, towns, villages, and unincorporated areas of the county on the ratio of the population that each such city, town, village, and unincorporated area bears to the total population of the county. (Section 144.759)

MARKETPLACE FACILITATORS

Beginning January 1, 2022, marketplace facilitators, as defined in the act, that engage in business activities within the state shall register with the Department to collect and remit use tax on sales delivered into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the act. Such retail sales shall include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace.

Marketplace facilitators shall report and remit use tax collected under this act as determined by the Department. Marketplace facilitators properly collecting and remitting use tax in a timely manner shall be eligible for any discount provided for under current law.

Marketplace facilitators shall provide purchasers with a statement or invoice showing that the use tax was collected and shall be remitted on the purchaser's behalf.

No class action shall be brought against a marketplace facilitator in any court in this state on behalf of purchasers arising from or in any way related to an overpayment of sales or use tax collected on retail sales facilitated by a marketplace facilitator, regardless of whether that claim is characterized as a tax refund claim. (Section 144.752)

EFFECTIVE DATE

Provisions of this act relating to economic nexus, marketplace facilitators, and the distribution of local use tax revenue in St. Louis County shall become effective January 1, 2022.

Provisions of this act establishing the Cash Operating Expense Fund contain an emergency clause and shall become effective upon passage and approval.

All other provisions of this act shall become effective August 28, 2020.

This act is substantially similar to SB 805 (2020), SB 872 (2020), and SCS/SB 189 (2019), and to provisions contained in SB 648 (2020) and SB 659 (2020).

Last Action

02/27/2020 S - Placed on Informal Calendar

SB539 - Increases taxes on motor fuels

Sponsor

Sen. Doug Libla (R)

Summary

SB 539 - This act increases the tax on gasoline from 17 to 19 cents per gallon, and the tax on diesel fuel from 17 to 23 cents per gallon. Beginning one year after the effective date of the act, the taxes on gasoline, diesel fuel, and motor fuels other than gasoline or diesel fuel shall be adjusted annually for inflation.

This act contains an emergency clause.

ERIC VANDER WEERD

Last Action

02/10/2020 S - Placed on Informal Calendar

SB550 - Relating to the assessment of certain properties that are exempt from ad valorem taxes

Sponsor

Sen. Dan Hegeman (R)

Summary

SB 550 - Current law provides that property that was partially or completely exempt from ad valorem property taxes under the tax increment financing, enterprise zone, and urban redevelopment corporations programs shall be included in the value of new construction and improvements for the purposes of assessed valuations once such property becomes partially or completely subject to taxation. This act expands such provision to cover all such properties under any ad valorem property tax abatement program.

This act is identical to SCS/SB 97 (2019) and is substantially similar to HB 1004 (2019).

JOSH NORBERG

Last Action

01/28/2020 S - Not heard in committee

SB570 - Modifies provisions relating to taxation

Sponsor

Sen. Andrew Koenig (R)

Summary

HCS/SS/SCS/SB 570 - This act modifies several provisions relating to taxation.

ST. LOUIS CITY ASSESSOR

Current law requires assessors in each county to be elected every four years, but exempts St. Louis City from such requirement. This act removes such exemption and requires the St. Louis City assessor to be elected every four years. (Section 53.010)

This provision is identical to a provision contained in HB 1710 (2020).

This section shall not become effective until the passage and approval of a constitutional amendment allowing all county assessors to be elected.

SENIOR CITIZENS' SERVICES FUND

This act authorizes the board of directors managing the Senior Citizens' Services Fund in the City of St. Louis to solicit, accept, and expend grants from private or public entities and enter into agreements so long as the transaction is in the best interest of the programs provided by the board and proceeds are used exclusively to fund such programs. (Sections 67.990 and 67.993)

This provision is identical to HB 1560 (2020).

TRANSIENT GUEST TAXES

This act authorizes the City of Butler to submit to the voters a transient guest tax not to exceed 6% of the charges per occupied room per night. (Section 67.1011)

This provision is identical to HB 2562 (2020).

This act authorizes the City of Springfield to submit to the voters a transient guest tax not to exceed 7.5% of the charges per occupied room per night. Such tax shall be used solely for capital investments that can be demonstrated to increase the number of overnight visitors.

Upon approval by the voters, the city may adopt rules and regulations for the internal collection of the tax, or may enter into an agreement with the Department of Revenue for the collection of the tax. (Section 94.842)

This provision is identical to SB 387 (2019), HB 1073 (2019), and to a provision contained in SCS/SB 770 (2020), SS/SCS/SBs 46 & 50 (2019), SCS/HCS/HB 674 (2019), and SCS/HB 761 (2019).

AIM ZONES

Under current law, no advanced industrial manufacturing (AIM) zone may be established after August 28, 2023. This act extends such date to August 28, 2030. (Section 68.075) This provision is identical to SB 636 (2020) and HB 2334 (2020).

PUBLIC SAFETY SALES TAXES

This act adds the cities of Clinton, Lincoln, Branson West, Cole Camp, Hallsville, Kearney, Smithville, and Claycomo to the list of cities and villages authorized to levy a sales tax upon voter approval for the purposes of improving public safety. The tax shall be 0.25%, 0.5%, 0.75%, or 1%. (Sections 94.900 and 94.902)

These provisions are identical to SB 873 (2020), HB 1701 (2020), HB 1309 (2020), HB 1726 (2020), and HB 1731 (2020).

BLIGHTED HOME TAX CREDIT

This act authorizes a tax credit in the amount of $5,000 for any taxpayer that is a first time home buyer that purchases certain blighted property, as described in the act, for use as a single-family, principal resident for at least two years following the rehabilitation of the property.

The tax credit issued under this act shall not be refundable or transferrable, but may be carried back three years or carried forward to any subsequent five years. (Section 99.720)

This provision shall sunset on December 31, 2026, unless reauthorized by the General Assembly.

This provision is identical to HB 1588 (2020).

TAX INCREMENT FINANCING

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. (Section 99.810)

For tax increment financing projects approved or amended after December 31, 2020, the City of St. Louis may provide for the deposit of up to 10% of the tax increment financing revenues generated by the project into a Strategic Infrastructure for Economic Growth Fund to be established by the city. Moneys deposited in such fund may be expended by the city for the purpose of funding capital investments in public infrastructure that is located in a census tract that is defined as a low-income community or is eligible to be designated as a Qualified Opportunity Zone under federal law. (Section 99.821)

This act prohibits new projects from being authorized in any Greenfield area. (Section 99.843)

This act allows a school district to vote to exclude the school district's operating levy for school purposes from the definition of "levies upon taxable real property in such redevelopment project by taxing districts" for the purpose of funding tax increment financing districts. Before the school board may vote on such exclusion, the question shall be placed on the agenda at two consecutive meetings of the school board, and public comments on the matter shall be allowed at both meetings. The school board may then vote upon the matter. If at least a two-thirds majority of the school board votes in favor of removing the operating levy from the definition, the definition shall not include the district's operating levy for school purposes. (Section 99.846)

This act also prohibits new projects from being authorized in an area designated as a flood plain by the Federal Emergency Management Agency unless such projects are located in 1) Jackson, Platte, or Clay counties; 2) the cities of Springfield or St. Joseph, 3) in a port district, provided such financing is utilized for port infrastructure projects; or 4) in a levee or drainage district created prior to August 28, 2020. This provision shall not apply to tax increment financing projects or districts approved prior to June 30, 2021, and such projects may be modified, amended, or expanded by not more than forty percent of such projects' original projected cost. Projects in flood plains shall not be authorized in St. Charles County unless the redevelopment area actually abuts a river or major waterway, as described in the act. (Section 99.847)

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, 2020, 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. (Section 99.848)

This act is substantially similar to HCS/SS/SCS/SB 108 (2019) and HB 698 (2019), and is similar to SB 311, HB 32 (2019), and SS/SCS/SB 859 (2018).

COMMUNITY LAND TRUST TAX CREDIT

For all tax years beginning on or after January 1, 2021, this act allows a taxpayer to claim a tax credit in an amount equal to the difference between the actual property tax liability on the property for a tax year and the property tax liability that would have been levied on the property if the assessed valuation of the property were equal to the price paid for the property by the taxpayer.

Tax credits issued under the act shall not be refundable or transferrable, and shall not be carried forward or backward.

This provision shall expire on August 28, 2026, unless reauthorized by the general assembly. (Section 135.180)

WOOD ENERGY TAX CREDIT

Current law provides for a tax credit for the production of certain wood-energy processed wood products, with such tax credit to expire on June 30, 2020. This act extends the tax credit until June 30, 2026. (Section 135.305)

This provision is identical to SB 647 (2020) and to a provision contained in SB 454 (2019).

SPECIAL NEEDS ADOPTION TAX CREDIT

Current law authorizes a tax credit for nonrecurring adoption expenses incurred for the adoption of a special needs child. This act modifies such tax credit by changing the name to the Adoption Tax Credit, and by allowing taxpayers to claim such tax credit for the adoption of any child on or after January 1, 2021. (Sections 135.325 to 135.335)

HOMELESS SERVICES TAX CREDIT

This act authorizes a tax credit in the amount of an eligible taxpayer's income tax liability, not to exceed $10,000. The act defines an eligible taxpayer as a taxpayer who is a qualified provider of employment services, employment, or housing to homeless persons. The Department of Higher Education and Workforce Development, Department of Labor, and the Missouri Housing Development Commission shall determine who qualifies as a qualified provider of services under this act. (Section 135.390)

This provision shall sunset on August 28, 2026, unless reauthorized by the General Assembly.

DOMESTIC VIOLENCE SHELTER TAX CREDIT

Current law authorizes a tax credit for contributions made to shelters for victims of domestic violence. For all tax years beginning on or after January 1, 2021, this act modifies such tax credit by allowing taxpayers to claim a tax credit in the amount of $1,000 if such taxpayer has converted abandoned property into an operational shelter for victims of domestic violence. For all tax years beginning on or after January 1, 2021, the act also authorizes a tax credit in the amount of $500 for taxpayers that rent residential real estate to a victim of domestic violence. (Section 135.550)

SCHOOL TEACHER TAX CREDIT

For all tax years beginning on or after January 1, 2021, this act authorizes a tax credit in the amount of $500 for any taxpayer that is a school teacher in a school district located in Kansas City, Jackson County, the City of St. Louis, or St. Louis County. (Section 135.1300)

This provision shall sunset on December 31, 2026, unless reauthorized by the General Assembly.

FOOD DESERT TAX CREDIT

This act authorizes a tax credit to a taxpayer incurring eligible expenses for reestablishing a full- service grocery store in the same location within a food desert, as defined in the act, where a formerly operational grocery store has been permanently closed. The tax credit shall be equal to fifty percent of such eligible expenses after initial expenses as described in the act.

The tax credit authorized by this act shall not be refundable, and no taxpayer shall receive a tax credit in excess of $2.5 million per tax year. The cumulative amount of tax credits authorized under this act shall not exceed $25 million. (Section 135.1620)

This provision shall sunset on December 31, 2026, unless reauthorized by the General Assembly.

AGRICULTURAL LAND VALUES

This provision is identical to SB 983 (2020) and HB 2321 (2020), and is substantially similar to SB 548 (2018), HB 1721 (2018), SB 364 (2017), HCS/HB 1036 (2017), SS/SB 543 (2014), and HB 2178 (2014), and to a provision contained in HCB 16 (2018) and HCS/HB 1640 (2014).

PROPERTY TAX ASSESSMENTS

Current law requires assessors to conduct a physical inspection of a property prior to increasing the assessment of such property by more than 15%. This act requires such inspection prior to increasing an assessment by more than 10%. This act also modifies additional physical inspection requirements applicable only to St. Louis County by making such requirements applicable to the whole state.

This act also prohibits an increase in the valuation of any real property by more than ten percent from the previous assessed valuation, unless the increase is due to new construction and improvements. Additionally, this act prohibits an increase in the valuation of any residential real property for the duration of time that such property is located in a legally defined subdivision immediately adjacent to any subdivision that receives a tax abatement. (Section 137.115)

This section shall not become effective until the passage and approval of a constitutional amendment authorizing a statutory limitation on increases in assessed valuations.

For property tax assessments and appeals of such assessments, current law provides that, in first class counties, taxpayers shall appeal to the county board of equalization by the third Monday in June. This act modifies such deadline to provided that taxpayers shall appeal to the county board of equalization by the second Monday in July. (Section 137.385)

For property assessment appeals to the boards of equalization in the City of St. Louis, St. Charles County, and St. Louis County, current law provides that the assessor shall have the burden to prove that the valuation does not exceed the true market value of the property. Additionally, if a physical inspection of a property is required for assessment, the assessor shall have the burden to prove that such inspection was performed. If the assessor fails to provide sufficient evidence that the inspection was performed, the property owner shall prevail on the appeal as a matter of law.

This act applies such provisions to appeals in all charter counties, first class counties, and the City of St. Louis. (Section 138.060).

INCOME TAXES

Current law allows a taxpayer to deduct from his or her Missouri adjusted gross income a portion of his or her federal income taxes paid. This amendment provides that federal income tax credits received under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act shall not be considered when determining the amount of federal income tax liability allowable as a deduction under current law. (Section 143.171)

Current law also requires taxpayers who itemize deductions to include any federal income tax refund amounts in his or her Missouri adjusted gross income if such taxpayer previously claimed a deduction for federal income tax liability on his or her Missouri income tax return. This amendment provides that any amount of a federal income tax refund attributable to a tax credit received under the CARES Act shall not be included in the taxpayer's Missouri adjusted gross income. (Section 143.121)

These provisions are substantially similar to provisions contained in HCS/SB 676 (2020) and SS#2/SB 704 (2020).

For all tax years beginning on or after January 2, 2021, this act authorizes an income tax deduction for charitable contributions made by a taxpayer. The deduction shall be equal to the total amount of contributions made, less five hundred dollars, provided that the deduction does not exceed fifty percent of the taxpayer's federal adjusted gross income. (Section 143.1300)

This provision shall sunset on August 28, 2026, unless reauthorized by the General Assembly.

FEMININE HYGIENE PRODUCTS SALES TAX

Beginning October 1, 2020, this act provides that the rate of sales tax imposed on the retail sale of feminine hygiene products, as defined in the act, shall not exceed the rate of sales tax imposed on the retail sale of food. (Section 144.016)

This provision is substantially similar to SB 443 (2019) and HB 747 (2019).

CHARTER SCHOOLS

This act modifies the calculation of the amount a school district with one or more pupils attending a charter school shall pay to the charter school.

Under this act, provisions of current law setting forth aid payments for charter schools shall only apply to school years ending on or before June 30, 2021. For school years beginning on or after July 1, 2021, each charter school and each school district responsible for distributing local aid to charter schools shall include as part of their annual independent audit, an audit of pupil residency, enrollment, and attendance in order to verify pupil residency in the school district or local education agency.

A school district having one or more resident pupils attending a charter school shall pay to the charter school an annual amount equal to the product of the charter school's weighted average daily attendance and the state adequacy target, multiplied by the dollar value modifier for the district, less the charter school's share of local effort, plus all other state aid attributable to such pupils, plus local aid received by the school district, divided by the total weighted average daily attendance of the school district and all charter schools within the school district. Local aid is defined as all local and county revenue received by the school district and charter schools within the school district.

A charter school that has declared itself a local educational agency shall receive all state aid calculated under this act from the Department, and all local aid calculated under the act from the school district. A charter school shall receive an annual amount as set forth in the act.

Each month the school district shall calculate the amount of local aid owed to the charter school by the school district, and the school district shall pay such amount to the charter school. If any payment of local aid is due, the school district shall make monthly payments on the twenty-first day of each month, beginning in July of each year. If the school district fails to make timely payments to the charter schools, the Department shall impose any penalty deemed appropriate.

Each school district shall, as part of an annual audit, include a report converting the local aid received from an accrual basis to a cash basis. Such report shall be made publicly available on its district website.

The Department shall be required, under this act, to conduct an annual review of any payments made in the previous fiscal year to determine whether there has been any underpayment or overpayment. Such review shall include a calculation of the amount of local aid owed to charter schools using the first preceding year's annual audit. The school district shall pay to the charter school the amount calculated by such review. In the event of an underpayment, the school district shall remit the underpayment amount to the charter school. In the event of an overpayment, the charter school shall remit the overpayment amount to the school district. If the school district or charter school fails to remit any required payment, the Department shall impose any penalty deemed necessary.

If a prior year correction of the amount of local aid is necessary, the school district shall recalculate the amount owed to the charter school or provide a bill to the charter school for any overpayment amount. (Section 160.415)

These provisions are identical to SCS/SB 734 (2020) and HCS/HB 1664 (2020).

CALCULATION OF SCHOOL AID

This act provides that, for all fiscal years beginning on or after July 1, 2021, any increase in the amount of fines received shall not be included in the calculation of a school district's local effort. (Section 163.011)

This provision is identical to HB 1818 (2020).

IRON COUNTY SCHOOL FUND

This act prohibits money received into the Iron County School Fund from the payment of penalties under the administrative order issued by the Department of Natural Resources on August 30, 2019, from being included in the calculation of local effort for the Iron County School District. (Section 163.024)

This provision is identical to HCS/HB 1817 (2020).

TIME ZONES

This act establishes the "Targeted Industrial Manufacturing Enhancement Zones Act".

This act allows any two or more contiguous or overlapping political subdivisions, as defined in the act, to create targeted industrial manufacturing enhancement (TIME) zones for the purpose of completing infrastructure projects to promote economic development. Prior to the creation of a TIME zone, each political subdivision shall propose an ordinance or resolution that sets forth the names of the political subdivisions which will form the zone, the general nature of the proposed improvements, the estimated cost of such improvements, the boundaries of the proposed TIME zone, and the estimated number of new jobs to be created in the TIME zone. The political subdivisions shall hold a public hearing prior to approving the ordinance or resolution creating the TIME zone. This act allows the zone board governing the TIME zone to retain twenty-five percent of withholding taxes on new jobs created within the TIME zone to fund improvements made in the TIME zone. Prior to retaining such withholding taxes, the zone board shall enter into an agreement with the Department of Economic Development. Such agreement shall specify the estimated number of new jobs to be created, the estimated average wage of new jobs to be created, the estimated net fiscal impact of the new jobs, the estimated costs of improvements, and the estimated amount of withholding tax to be retained over the period of the agreement. The Department shall not approve an agreement unless the zone board commits to the creation of a certain number of new jobs, as described in the act.

The term of such agreement shall not exceed ten years. A zone board may apply to the Department for approval to renew any agreement. In determining whether to approve the renewal of an agreement, the Department shall consider the number of new jobs created and the average wage and net fiscal impact of such new jobs, and the outstanding improvements to be made within the TIME zone, the funding necessary to complete such improvements, and any other factor the Department requires. The Department may approve the renewal of an agreement for a period not to exceed ten years. If a zone board has not met the new job creation requirements by the end of the agreement, the Department shall recapture the withholding taxes retained by the zone board.

The zone board shall submit an annual report to the Department and to the General Assembly, as described in the act.

No political subdivision shall establish a TIME zone with boundaries that overlap the boundaries of an advanced industrial manufacturing (AIM) zone.

The total amount of withholding taxes retained by TIME zones under this act shall not exceed $5 million per year.

This provision shall sunset on August 28, 2023, unless reauthorized by the General Assembly. (Section 620.2250)

CAPITOL COMPLEX TAX CREDIT ACT

This act creates the Capitol Complex Tax Credit Act.

The Capitol Complex Fund is authorized to receive any eligible monetary donation, as defined in the act, and shall be segregated into two accounts: a rehabilitation and renovation account, and a maintenance account. Ninety percent of the revenues deposited into the fund shall be placed in the rehabilitation and renovation account and seven and one-half percent of revenues deposited in the fund shall be placed in the maintenance account. The remaining two and one-half percent of the funds may be used for the purposes of fundraising, advertising, and administrative costs.

The choice of projects for which money is to be used, as well as the determination of the methods of carrying out the project and the procurement of goods and services, shall be made by the Commissioner of Administration. No moneys shall be released from the fund for any expense without the approval of the Commissioner of Administration.

For all taxable years beginning on or after January 1, 2020, any qualified donor, as defined in the act, shall be allowed a credit against any state income tax (except employer withheld taxes) or state taxes imposed on financial institutions for an amount equal to fifty percent of the monetary donation amount. Any amount of tax credit that exceeds the qualified donor's state income tax liability may be refunded or carried forward for the following four years.

For all taxable years beginning on or after January 1, 2020, a qualified donor shall be allowed a credit against any state income tax (except employer withheld taxes) or state taxes imposed on financial institutions for an amount equal to thirty percent of the value of the eligible artifact donation, as defined in the act. Any amount of tax credit that exceeds the donor's tax liability shall not be refunded for artifacts, but the credit may be carried forward for four subsequent years.

The Department of Economic Development shall not issue tax credits for donations to the Capitol Complex Fund in excess of $10 million per year in the aggregate. Donations received in excess of the cap shall be placed in line for tax credits the following year. Alternatively, a donor may donate without receiving the credit or may request that their donation is returned.

Tax credits issued for donations under this act are not subject to any fee. Tax credits issued under this act may be assigned, transferred, sold, or otherwise conveyed.

These provisions shall sunset six years after August 28, 2020, unless reauthorized by the General Assembly. (Section 620.3210)

These provisions are identical to SCS/SB 586 (2020) and are substantially similar to SB 255 (2019) and to a provision contained in SS#2/SB 704 (2020), SB 545 (2018), HB 2691 (2018) and SCS/SB 6 (2017).

Last Action

05/14/2020 H - Laid over on third reading

SB572 - Establishes the "Community Crime Reduction Grant Program" which shall provide money to qualifying municipal police departments

Sponsor

Sen. Caleb Rowden (R)

Summary

SB 572 - This act establishes a pilot program known asthe "Community Crime Reduction Grant Program" which shall provide money to qualifying municipal police departments.

The grants provided under this act shall be subject to appropriation by the General Assembly and shall be equally dispersed among qualifying municipal police departments. To qualify, a municipal police department must:

• Employ less than two officers per one thousand people; and

• Serve a city with a population of 75,000 inhabitants to 125,000 inhabitants that is located in a first class county.

Grants received from the program shall be used as payment for the following:

• Up to 50% of the cost of employing new law enforcement officers needed to raise the department's officer to population ratio to two officers per one thousand people; and

• Up to 100% of the cost for law enforcement officers hired with grant money by the municipal police department to attend not less than one seminar relating to fair and impartial policing and one seminar relating to racial sensitivity at the University of Missouri Law Enforcement Training Institute.

Municipal police departments receiving grants under the program shall submit an annual report with information as provided in the act to the Department of Public Safety on or before December 31 of each year in which the Department received the grant money.

This act also creates the "Community Crime Reduction Program Fund" which shall consist of all gifts, bequests, transfers, and money appropriated by the General Assembly for the program. The state treasurer shall be the custodian of the Fund and may approve disbursements. Money from the Fund shall be used solely by the Department of Public Safety to issue grants to qualifying municipal police departments through the program.

The Department of Public Safety shall administer the grants issued under the program and promulgate all rules and regulations for the administration of the program.

The provisions in this act shall sunset after four years unless reauthorized by the General Assembly.

This act is substantially similar to HB 2466 (2016).

MARY GRACE BRUNTRAGER

Last Action

04/28/2020 S - Placed on Informal Calendar

SB577 - Modifies provisions relating to property assessment contracts for energy efficiency Sponsor

Sen. Sandy Crawford (R)

Summary

SB 577 - This act modifies provisions relating to the Property Assessment Clean Energy (PACE) Act.

DEFINITIONS (Section 67.2800): This act adds the terms "director" and "division". The act also modifies the term "assessment contract" to state that property owners may enter into assessment contracts to finance energy efficiency improvements with a clean energy development board for a period of up to 20 years not to exceed the weighted average useful life of the qualified improvements.

COLLECTION OF SPECIAL ASSESSMENTS (Section 67.2815): A clean energy development board shall provide a copy of each signed assessment contract to the city collector if a city has joined a clean energy development board and the county has not. Additionally, the special assessments shall be collected by the city collector if a city has joined a clean energy development board and the county has not.

PACE PROGRAM FOR RESIDENTIAL PROPERTIES (Section 67.2816): Municipalities that have created or joined a residential PACE program or district shall inform the Director of the Division of Finance by submitting a copy of the enabling ordinance to the Division. Any municipality that withdraws from a residential PACE program or district shall inform the Director by submitting a copy of the enabling ordinance for the withdrawal to the Division.

PACE boards offering residential property programs in the state shall be subject to examination by the Division for compliance with provisions of law relating to assessment contracts under the PACE Act. The Division shall conduct an examination of each PACE board at least once every 24 months and such other times as the Director may determine. A final examination report shall be delivered to the PACE board and sponsoring municipality. Examination reports shall be made available to the public.

If the Director finds that a PACE board has failed to comply with certain provisions of law under the PACE Act, he or she may issue a notice to the PACE board of his or her intent to file a release of the assessment contract and any related assessment lien made in violation of the law. A PACE board shall have 30 days to file an appeal with the circuit court for the county where the real estate is located.

A PACE board and its sponsoring municipality or municipalities shall be jointly and severally responsible for paying the actual costs of examinations, which the Director shall assess upon the completion of an examination.

The Division may refer any matter related to the conduct of a PACE board to the State Auditor or to the Attorney General.

PACE PROGRAM CONTRACTS FOR RESIDENTIAL PROPERTIES (Sections 67.2817 and 67.2818): Notwithstanding any other contractual agreement to the contrary, each assessment contract shall be reviewed, approved, and executed by the PACE board and these duties shall not be delegated.

A PACE board shall not approve, execute, submit, or otherwise present for recordation any residential assessment contract unless certain criteria set forth in the act are satisfied. The property owner executing a PACE assessment contract shall have a 3-day right to cancel the contract.

The PACE board shall advise the property owner in writing that any delinquent assessment shall be a lien on the property subject to the assessment contract and that the obligations under the PACE assessment contract continue even if the property owner sells or refinances the property.

If the residential property owner pays his or her property taxes and special assessments via a lender or loan servicer's escrow program, the PACE board shall advise the property owner that the residential PACE assessment will cause the owner's monthly escrow requirements to increase and will increase the owner's total payment to the lender or the loan servicer. The PACE board shall further advise the property owner that if the special assessment results in an escrow shortage the owner will be required to pay the shortage in a lump-sum payment or catch-up the shortage over 12 months.

The PACE board shall also provide a statement providing a brief description of the residential project improvement, the cost of the improvement, and the annual assessment necessary to repay the obligation due on the assessment contract to any first lien holder within 3 days of the date the contract is recorded.

The PACE board shall maintain a public website with current information about the residential PACE program. The website shall list approved contractors for the program and shall disclose the standard assessment contract information and process for property owners or their successors to request information about their assessment contract.

The PACE board, contractor, or other third party shall not make any representations as to the income tax deductibility of an assessment contract unless the representation is accompanied by certain supporting documents, as listed in the act.

The PACE board that offers residential PACE projects shall provide a disclosure form to homeowners that shall show the financing terms of the assessment contract, as set forth in the act. The disclosure form shall be presented to a property owner prior to the execution of an assessment contract.

Before a property owner executes an assessment contract, the PACE board shall make an oral confirmation that at least one owner of the property has a copy of the assessment contract documents, the financing estimate and disclosure form, and the right to cancel form. An oral confirmation shall also be made of the key terms of the assessment contract, in plain language, and an acknowledgment shall be obtained from the property owner or authorized representative to whom the oral confirmation is given. The oral confirmation shall include information as listed in the act.

PACE PROGRAM CONTRACTORS (Section 67.2819): Contractors or other third parties shall not advertise the availability of residential assessment contracts that are administered by a PACE board or solicit property owners on behalf of the PACE board, unless the contractor meets certain requirements set forth in the act.

The act sets limitations on what incentives or information the PACE board shall provide to a contractor.

Finally, a contractor shall not provide a different price for a project financed as a residential PACE project than the contractor would provide if paid in cash by the property owner.

EFFECTIVE DATE (Section 67.2840): The provisions of this act relating to PACE boards, PACE contracts, and PACE contractors shall apply to PACE boards and participating municipalities after January 1, 2021, and shall only apply to PACE programs that for improvements to residential properties of four or fewer units. These provisions shall be effective and apply to PACE assessment contracts entered into after January 1, 2021.

This act is similar to SCS/SB 173 (2019), HCS/HB 215 (2019), SB 933 (2018), HB 2214 (2018), and HB 2344 (2018).

JAMIE ANDREWS

Last Action

01/09/2020 S - Referred to Senate Committee on Insurance and Banking

SB579 - Modifies provisions relating to property tax assessments

Sponsor

Sen. Mike Cierpiot (R)

Summary

SB 579 - This act modifies several provisions relating to property tax assessments.

PROPERTY TAX REVENUE GROWTH LIMIT

Current law allows for inflationary assessment growth for real and personal property within a political subdivision, with the inflationary growth factor limited to the actual assessment growth, exclusive of new construction and improvements, but not to exceed inflation or five percent, whichever is lower.

This act modifies the inflationary growth factor to the actual assessment growth, exclusive of new construction and improvements, but not to exceed 80% of inflation or five percent, whichever is lower. (Section 137.073)

PROPERTY ASSESSMENT GROWTH

Current law requires assessors to assess real property on January 1 of each odd-numbered year, and to apply such assessed values in the following even-numbered year. This act provides that if the new assessed value exceeds the assessed value of the property from the previous odd-numbered year by more than 15%, half of such growth in assessed value shall be applied in the current odd-numbered year, and the remaining amount shall be applied in the following even-numbered year.

For residential real property, current law requires county assessors to make a physical inspection of a property prior to increasing the assessed valuation of such property by more than fifteen percent over the prior assessed valuation. Additionally, the St. Louis County assessor is required to send notice to property owners when increasing the assessed valuation by more than fifteen percent, and such property owners may request an interior inspection. This act applies such notification and physical inspection provisions to all counties in the state. (Section 137.115)

PROPERTY ASSESSMENT APPEALS

This act provides that any assessed valuation for a parcel of residential real property that exceeds the previous assessed value for such property by more than 15% shall be automatically reviewed by the county board of equalization, regardless of whether the property owner has filed a timely appeal. The assessor shall notify the property owner in writing that the assessed valuation is being reviewed and that the property owner shall be entitled to be heard at the hearing of the board of equalization. (Section 137.180)

This act applies such provisions to all counties. (Section 138.060)

JOSH NORBERG

Last Action

01/09/2020 S - Referred to Senate Committee on Ways and Means

SB641 - Requires a portion of sales and use tax revenue to be deposited into the State Road Fund

Sponsor

Sen. Bob Onder (R)

Summary

SB 641 - Current law provides that, of the 4% statutory sales and use tax rate, 1% is provided for education and 3% is deposited in the General Revenue Fund. This act requires that 0.5% of the 3% deposited in the General Revenue Fund shall instead 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.

This act is identical to SB 190 (2019), SB 645 (2016), HB 1952 (2016), HB 2278 (2016), and SB 544 (2014).

Last Action

01/22/2020 S - Referred to Senate Committee on Transportation, Infrastructure, and Public Safety

SB648 - Modifies several provisions relating to taxation

Sponsor

Sen. Andrew Koenig (R)

Summary

SCS/SB 648 - This act modifies several provisions relating to taxation.

INDIVIDUAL INCOME TAX

For all tax years beginning after the final incremental tax rate reduction in current law, this act reduces the top rate of tax by 0.15%, with an eventual top rate of tax of 4.95%. Such reduction shall only occur if the amount of net general revenue collected in the previous fiscal year exceeds the highest amount of net general revenue collected in any of the three fiscal years prior to such fiscal year by at least one hundred fifty million dollars. (Section 143.011)

CORPORATE TAXATION

This act adds "qualified air freight forwarders", as defined in the act, to the definition of "corporation" as a transportation corporation for the purposes of corporate income allocation. (Section 143.441)

DOMESTIC VIOLENCE SHELTER TAX CREDIT

Current law allows for a tax credit for contributions to domestic violence shelters . This act modifies the definition of "shelter for victims of domestic violence" to include nonprofit organizations established and operating exclusively for the purpose of supporting a shelter for victims of domestic violence operated by the state or one of its political subdivisions.

This act also increases the maximum amount of tax credits that may be claimed in any one fiscal year from $2 million per year to $3 million per year for all fiscal years beginning on or after July 1, 2021. (Section 135.550)

This provision is identical to SB 958 (2020).

USE TAX ECONOMIC NEXUS

Beginning January 1, 2022, this act provides that all vendors without a physical presence in this state making sales of tangible personal property for delivery into this state shall be required to collect and remit any use tax due as if such vendor maintained a physical presence in the state. This provision shall only apply to vendors who make at least $100,000 in gross revenue from the delivery of tangible personal property into this state in the previous or current calendar year.

No obligation to collect and remit use tax under this provision shall be applied prior to January 1, 2022.

The use tax collections made under the provisions of this act shall be deposited in the General Revenue Fund as provided under current law. (Section 144.612)

MARKETPLACE FACILITATORS

By January 1, 2022, marketplace facilitators, as defined in the act, that meet the use tax economic nexus threshold established in the act shall register with the Department to collect and remit sales and use tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the act. Such retail sales shall include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace. Sales made through a marketplace facilitator shall be deemed to be consummated at the location to which the item is shipped or delivered, or at which possession is taken by the purchaser.

Marketplace facilitators shall report and remit sales and use tax collected under this act on a separate form developed by the Department. Marketplace facilitators properly collecting and remitting sales and use tax in a timely manner shall be eligible for any discount provided for under current law.

Marketplace facilitators shall provide purchasers with a statement or invoice showing that the sales and use tax was collected and shall be remitted on the purchaser's behalf.

If the Department audits a marketplace facilitator, it shall only audit such facilitator and not the marketplace sellers on behalf of whom the marketplace facilitator facilitates sales.

Marketplace facilitators may apply to the Department for relief from liability for the failure to collect and remit the correct amount of sales or use tax on retail sales facilitated for marketplace sellers under certain circumstances, as described in the act. Relief from liability shall be a percentage of the sales and use tax collected by the marketplace facilitator, with such percentage being four percent for sales made during the 2022 calendar year, two percent for sales made during the 2023 calendar year, one percent for sales made during the 2024 calendar year, and zero percent thereafter.

The Department may grant a waiver from the requirements of the act if a marketplace facilitator demonstrates to the satisfaction of the Department that all of its marketplace sellers are already registered to collect and remit sales and use tax. If such waiver is granted, the sales or use tax due shall be collected and remitted by the marketplace seller. (Section 144.752)

SALES TAX ADMINISTRATION This act provides that any local sales tax changes due to a boundary change shall take effect on the first day of the calendar quarter 120 days after the sellers receive notice of the change. (Section 32.087)

This act modifies certain exemptions from state sales tax to make such exemptions uniform across the state and local sales tax bases. (Section 144.030)

The school and Show Me Green sales tax holidays are modified by repealing the ability for political subdivisions to opt out of the sales tax holidays, and by defining how the sales tax exemption applies to the purchase or return of certain items. (Sections 144.049 and 144.526)

This act relieves a purchaser from any penalties for failure to pay the proper amount of sales tax if the error was a result of erroneous information provided by the Director of Revenue. (Section 144.060)

The Director shall provide and maintain downloadable electronic databases at no cost to the user of the databases for taxing jurisdiction boundary changes, tax rates, and a taxability matrix detailing taxable property and services. Sellers and CSPs will be relieved from liability if they fail to properly collect tax based upon information provided by the Department. Certified service providers, sellers, and marketplace facilitators may utilize proprietary data, provided the Director certifies that such data meets the standards provided for under the act. (Sections 144.123 and 144.124)

This act provides that a cause of action against a seller by a purchaser for a tax erroneously or illegally collected shall not accrue until the purchaser has provided written notice to a seller and the seller has had sixty days to respond. A seller shall be presumed to have a reasonable business practice if in the collection of such tax the seller uses a provider or a system certified by the Director of Revenue and has remitted all tax collected. (Section 144.190)

Monetary allowances from taxes collected shall be provided to certain sellers and certified service providers for collecting and remitting state and local taxes, as described in the act. (Section 144.140)

This act repeals a provision which requires the Director to establish brackets showing the amounts of tax to be collected on sales of specified amounts. Instead, the tax computation shall be carried to the third decimal place, and the tax shall be rounded to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four. (Section 144.285).

This act provides that all provisions of law with respect to sales into the state by out-of-state sellers apply to the Compensating Use Tax Law. (Section 144.600)

These provisions are substantially similar to provisions contained in SS/SCS/SBs 46 & 50 (2019) and are similar to SS#2/SCS/SBs 617, 611, & 667 (2018), HB 1479 (2018), HB 1699 (2018), HB 1836 (2018), HB 2162 (2018), HB 2269 (2018), SCS/SB 105 (2017), SCS/SB 795 (2016), HB 726 (2015), HB 727 (2015), and HCS/HB 1356 (2013), and to provisions contained in HB 2691 (2018), HB 500 (2013), HB 422 (2013), HB 521 (2013), and HB 579 (2013).

LOCAL SALES AND USE TAXES

For all tax years beginning on or after January 1, 2022, this act places a limit on the total combined rate of local sales taxes by providing 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%. 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.

For the tax year beginning on or after January 1, 2023, and ending on or before December 31, 2023, if a taxing jurisdiction levying a local use tax received local use tax revenues during the 2022 calendar year in excess of the use tax growth allowance, as defined in the act, such taxing jurisdiction shall revise such levy and the corresponding local sales tax levy to a rate that would have produced substantially the same amount of revenue during the 2022 calendar year as the total sales and use tax growth allowance, as defined in the act. Such taxing jurisdictions shall provide data to the State Auditor substantiating that such tax rate complies with such rollback, as described in the act. (Section 32.087)

This provision is identical to a provision contained in SB 189 (2019).

EFFECTIVE DATE

The provisions of this act shall become effective January 1, 2022.

This act is similar to SB 529 (2020), SB 659 (2020), SB 805 (2020), and SB 872 (2020).

Last Action

03/11/2020 S - Placed on Informal Calendar

SB652 - Modifies language to be placed on a ballot for the approval of a local use tax

Sponsor

Sen. Sandy Crawford (R)

Summary SB 652 - This act 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.

This act is identical to a provision contained in SCS/SB 189 (2019), SS/SCS/SBs 46 & 50 (2019), SS/HCS/HB 255 (2019), SCS/HCS/HB 674 (2019), and HB 701 (2019).

Last Action

02/27/2020 S - Voted do pass from committee

SB655 - Modifies provisions relating to appeals of property tax assessments

Sponsor

Sen. Mike Cierpiot (R)

Summary

SB 655 - For property assessment appeals to the boards of equalization in the City of St. Louis, St. Charles County, and St. Louis County, current law provides that the assessor shall have the burden to prove that the valuation does not exceed the true market value of the property. Additionally, if a physical inspection of a property is required for assessment, the assessor shall have the burden to prove that such inspection was performed. If the assessor fails to provide sufficient evidence that the inspection was performed, the property owner shall prevail on the appeal as a matter of law.

This act applies such provisions to all counties.

Last Action

01/22/2020 S - Referred to Senate Committee on Ways and Means

SB659 - Modifies provisions relating to taxation

Sponsor

Sen. Lauren Arthur (D)

Summary

SB 659 - This act modifies several provisions relating to taxation.

INDIVIDUAL INCOME TAX

This act establishes the Missouri Working Family Tax Credit Act.

For all tax years beginning on or after January 1, 2021, this act creates a tax credit to be applied to a taxpayer's Missouri income tax liability after all reductions for other credits for which the taxpayer is eligible have been applied. The tax credit shall not exceed the amount of the taxpayer's tax liability, and shall not be refundable. The amount of such tax credit shall be twenty percent of the amount of a taxpayer's federal earned income tax credit.

The Department of Revenue shall determine whether a taxpayer who did not apply for the tax credit established by this act is eligible and shall notify such taxpayer of his or her potential eligibility.

The Department shall prepare an annual report regarding the tax credit established by this act containing certain information as described in the act. (Section 143.177)

This provision shall sunset after six years unless reauthorized by the General Assembly.

This provision is substantially similar to SB 183 (2019), HB 291 (2019), HB 1194 (2019), SB 615 (2018), SB 197 (2017), SB 342 (2017), HCS/HB 109 (2017), and to a provision contained in HB 846 (2019), SS#2/SCS/SBs 617, 611, & 667 (2018) and HCS/HB 1605 (2016), and is similar to HB 2154 (2016), SB 1018 (2016), SB 40 (2015), SB 687 (2014), HB 1120 (2014), HB 895 (2013), HB 1606 (2012), HB 581 (2011), and HB 1915 (2010).

CORPORATE TAXATION

USE TAX ECONOMIC NEXUS

No obligation to collect and remit use tax under this provision shall be applied prior to January 1, 2022.

The use tax collections made under the provisions of this act shall be deposited in the General Revenue Fund as provided under current law. (Section 144.612)

MARKETPLACE FACILITATORS

Marketplace facilitators shall provide purchasers with a statement or invoice showing that the sales and use tax was collected and shall be remitted on the purchaser's behalf.

If the Department audits a marketplace facilitator, it shall only audit such facilitator and not the marketplace sellers on behalf of whom the marketplace facilitator facilitates sales.

SALES TAX ADMINISTRATION

This act provides that any local sales tax changes due to a boundary change shall take effect on the first day of the calendar quarter 120 days after the sellers receive notice of the change.

The effective date for the imposition, repeal, or rate change of each local sales and use tax shall be the first day of the calendar quarter at least 120 days after the sellers receive notice of the change. (Section 32.087)

This act makes changes to several sections of law relating to local sales taxes in order to make the administration of such taxes uniform. (Sections 66.601 to 94.705, 184.845, 221.407, 238.235, 238.410, 644.032)

This act modifies certain exemptions from state sales tax to make such exemptions uniform across the state and local sales tax bases. (Section 144.030)

A certified service provider (CSP), as defined in the act, shall not be certified unless it meets certain requirements relating to the security and privacy of purchasers' information, as described in the act. (Section 144.109)

This act provides that all provisions of law with respect to sales into the state by out-of-state sellers apply to the Compensating Use Tax Law. (Section 144.600)

LOCAL SALES AND USE TAXES

This provision is identical to a provision contained in SB 189 (2019).

EFFECTIVE DATE

The provisions of this act relating to sales tax administration, use taxes and the Missouri Working Family Tax Credit Act shall become effective January 1, 2022. The remaining provisions shall become effective August 28, 2020.

Last Action

01/22/2020 S - Referred to Senate Committee on Ways and Means

SB675 - Places a limit on the growth in assessments of residential real property

Sponsor

Sen. Tony Luetkemeyer (R)

Summary

SCS/SBs 675 & 705 - This act provides that the assessed valuation for residential real property shall not exceed the previous assessed valuation for such property, exclusive of new construction and improvements, by more than five percent or the percent increase in inflation, whichever is greater.

Additionally, current law requires assessors to conduct a physical inspection of residential real property prior to increasing the assessed valuation of a property by more than fifteen percent since the last assessment. This act requires such a physical inspection prior to increasing the assessed valuation of a property by more than five percent.

Last Action

04/28/2020 S - Placed on Informal Calendar

SB676 - Modifies several provisions relating to taxation

Sponsor

Sen. Tony Luetkemeyer (R)

Summary

This bill modifies several provision relating to taxation PROPERTY TAX ASSESSMENTS

Currently, the St. Louis County Assessor is required to conduct a physical inspection of residential real property prior to increasing the assessed valuation of a property by more than 15% since the last assessment, and requires written notification of such inspection. This bill applies such provision to all counties (Section 137.115).

For property tax assessments and appeals of such assessments, currently, in first class counties, taxpayers shall appeal to the County Board of Equalization by the third Monday in June and the County Board of Equalization shall meet on the first Monday in July. This bill modifies such deadlines to provided that taxpayers shall appeal to the board by the second Monday in July, and the board shall meet on the third Monday in July (Sections 137.385 and 138.090).

For property assessment appeals to the boards of equalization in the City of St. Louis, St. Charles County, and St. Louis County, currently provides that the assessor shall have the burden to prove that the valuation does not exceed the true market value of the property. Additionally, if a physical inspection of a property is required for assessment, the assessor shall have the burden to prove that such inspection was performed. If the assessor fails to provide sufficient evidence that the inspection was performed, the property owner shall prevail on the appeal as a matter of law.

This bill applies such provisions to appeals in all counties for which the increase in assessed valuation for the subject property exceeds 15% (Section 138.060).

INCOME TAXES

Currently, a taxpayer is allowed to deduct from his or her Missouri adjusted gross income a portion of his or her federal income taxes paid. This bill provides that federal income tax credits received under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act shall not be considered when determining the amount of federal income tax liability allowable as a deduction under current law (Section 143.171).

Currently, taxpayers are required to itemize deductions to include any federal income tax refund amounts in his or her Missouri adjusted gross income if such taxpayer previously claimed a deduction for federal income tax liability on his or her Missouri income tax return. This bill provides that any amount of a federal income tax refund attributable to a tax credit received under the CARES Act shall not be included in the taxpayer's Missouri adjusted gross income (Section 143.121).

TAXATION OF PARTNERSHIPS

This bill requires taxpayers in a partnership to report and pay any tax due as a result of federal adjustments from an audit or other action taken by the IRS or reported by the taxpayer on an amended federal income tax return. Such report shall be made to the Department of Revenue on forms prescribed by the department, and payments of additional tax due shall be made no later than 180 days after the final determination date of the IRS action, as defined in the bill.

Partners and partnerships shall also report final federal adjustments as a result of partnership level audits or administrative adjustment requests, as defined in the bill. Such payments shall be calculated and made as described in the bill. Partnerships shall be represented in such actions by the partnership's state partnership representative, which shall be the partnership's federal partnership representative unless otherwise designated in writing.

Partners shall be prohibited from applying any deduction or credit on any amount determined to be owed under this bill.

The department shall assess additional tax, interest, and penalties due as a result of federal adjustments under this bill no later than three years after the return was filed, as provided in current law, or one year following the filing of the federal adjustments report under this bill. For taxpayers who fail to timely file the federal adjustments report as provided under this bill, the department shall assess additional tax, interest, and penalties either by three years after the return was filed, one year following the filing of the federal adjustments report, or six years after the final determination date, whichever is later.

Taxpayers may make estimated payments of the tax expected to result from a pending IRS audit. Such payments shall be credited against any tax liability ultimately found to be due. If the estimated payments made exceed the final tax liability, the taxpayer shall be entitled to a refund or credit for the excess amount, as described in the bill.

The provisions of this bill shall apply to any adjustments to a taxpayer's federal taxable income or federal adjusted gross income with a final determination date occurring on or after January 1, 2021 (Section 143.425).

TERRORIST ATTACK VICTIMS TAX RELIEF

This bill provides an income tax exemption for victims who die as a result of wounds or injury incurred as a result of the terrorist attacks against the United States on September 11, 2001, or as a result of illness incurred as a result of an attack involving anthrax occurring on or after September 11, 2001, and before January 1, 2002. Such income tax exemption shall apply for the period beginning in the tax year such injuries occurred and ending in the tax year of such victim's death.

The tax exemption provided by this bill shall not apply to the amount of any tax imposed which would be computed by only taking into account the items of income, gain, or other amounts determined to be taxable under federal law, as described in the bill.

This bill shall not apply to any individual as a participant or conspirator in any such attack or a representative of such an individual.

Provisions in current law requiring a claim for refund to be filed within three years from the time the return is filed shall not apply to refunds claimed pursuant to this bill (Section 143.991).

Last Action

05/08/2020 S - Truly Agreed and Finally Passed

SB691 - Modifies provisions relating to automation adjustments paid by employers subject to the unemployment compensation laws

Sponsor

Sen. Mike Cunningham (R)

Summary SCS/SB 691 - This act provides that any employer required to make contributions under the unemployment compensation laws shall pay an annual unemployment automation adjustment equal to .015% of its total taxable wages for the twelve-month period ending the preceding June 30th. The Division of Employment Security is permitted to lower this rate under certain circumstances.

This act has a delayed effective date of January 1, 2021.

This act is substantially similar to SB 161 (2019), HB 375 (2019), and a provision in SCS/HB 332 (2019).

Last Action

02/25/2020 S - Voted do pass as substitute from committee

SB705 - Places a limit on the growth in assessments of residential real property

Sponsor

Sen. Andrew Koenig (R)

Summary

SB 705 - This act provides that the assessed valuation for residential real property shall not exceed the previous assessed valuation for such property, exclusive of new construction and improvements, by more than five percent or the percent increase in inflation, whichever is greater.

Last Action

02/13/2020 S - Superseded by SB675

SB757 - Provides a sales tax exemption for the production of electricity

Sponsor

Sen. Bob Onder (R)

Summary

SB 757 - This act creates a state sales tax exemption for utilities, equipment, and materials used to generate or transmit electricity.

This act is identical to SB 467 (2019), HB 64 (2017), SB 784 (2016), SB 480 (2015), and HB 693 (2015), and is similar to HB 1511 (2018), HB 2255 (2014), and to a provision in CCS/HCS/SB 584 (2014).

Last Action

03/11/2020 S - Hearing Conducted

SB770 - Authorizes the City of Springfield to impose a transient guest tax

Sponsor

Sen. Lincoln Hough (R)

Summary

SCS/SB 770 - This act modifies several provisions relating to local taxation.

TRANSIENT GUEST TAXES

This provision is identical to SB 387 (2019), HB 1073 (2019), and to a provision contained in SS/SCS/SBs 46 & 50 (2019), SCS/HCS/HB 674 (2019), and SCS/HB 761 (2019).

This act authorizes the City of Ashland to submit to the voters a transient guest tax not to exceed 5% of the charges per occupied room per night. Such tax shall be used for the promotion of tourism, growth of the region, economic development, and public safety, as described in the act. (Section 94.1014)

This provision is identical to HB 1601 (2020).

This act adds the City of Cameron to the list of cities authorized to propose a transient guest tax for the promotion of tourism. (Section 67.1360)

This provision is identical to HB 2418 (2020).

PUBLIC SAFETY SALES TAXES

These provisions are identical to SB 873 (2020), HB 1701 (2020), HB 1309 (2020), HB 1726 (2020), and HB 1731 (2020).

FIRE PROTECTION SALES TAXES Current law authorizes ambulance and fire protection districts in certain counties to propose a sales tax at a rate of up to 0.5%. This act allows such districts to propose a sales tax of up to 1.0%. (Section 321.552)

This provision is identical to SB 869 (2020) and HB 2386 (2020).

LOCAL USE TAX BALLOT LANGUAGE

This provision is identical to SB 652 (2020) and to a provision contained in SCS/SB 189 (2019), SS/SCS/SBs 46 & 50 (2019), SS/HCS/HB 255 (2019), SCS/HCS/HB 674 (2019), and HB 701 (2019).

EARLY CHILDHOOD SALES TAX

This act allows Greene County and any city within the county to impose a sales tax, upon approval of a majority of the voters, not to exceed one-fourth of one percent for the purpose of funding early childhood education in the county or city. (Section 67.1790)

This provision is identical to HB 1480 (2020).

CAPITAL IMPROVEMENT SALES TAX

This act makes technical corrections to provisions of law authorizing Clay and Platte counties to propose a capital improvement sales tax. (Section 67.730)

This provision is identical to HB 1746 (2020).

Current law authorizes the City of Lamar Heights to levy a sales tax of up to 2% on retail sales of food at cafes, cafeterias, lunchrooms, or restaurants for the purpose of funding the construction, maintenance, and operation of capital improvements. This act allows such sales tax to be levied at a rate not to exceed 6% and allows the revenues to be used for general revenue purposes. (Section 94.838)

This provision is identical to HB 2180 (2020).

Last Action

02/27/2020 S - Voted do pass as substitute from committee

SB781 - Modifies provisions relating to law enforcement assistance programs

Sponsor

Sen. Justin Brown (R)

Summary

SB 781 - Under current law, all law enforcement agencies, municipal and county, located in Boone, Buchanan, Platte, and Butler counties are eligible to receive funding from the Missouri Law Enforcement Assistance Program.

This act repeals that provision and, in its place, allows any county and the city of St. Louis to be eligible to receive funding under the program.

Last Action

02/27/2020 S - Voted do pass from committee

SB791 - Modifies provisions relating to the issuance of local bonds

Sponsor

Sen. Bill Eigel (R)

Summary

SB 791 - This act requires a county, municipality, or other political subdivision to mail a notice to each impacted taxpayer at least thirty days prior to any vote authorizing the extension of one or more bonds. Such notice shall include a statement indicating the dollar amount by which the taxpayer's property tax liability shall be decreased and the amount by which the debt service levy or other tax levy enacted for the purpose of retiring such bonds will be reduced if such bonds are not extended and new bonds are not issued.

This act also provides that any proposal by a county, municipality, or other political subdivision for the extension of one or more bonds that is submitted to the voters for approval shall not become effective unless it receives a qualified majority in favor and at least 50% of qualified voters cast a ballot in the election. (Section 67.120)

During the calendar year prior to the retirement of any bonds or other debt obligations issued by a political subdivision, this act requires assessors to include on each affected taxpayer's property tax bill a statement indicating the dollar amount by which the taxpayer's property tax liability shall be decreased and the amount by which the debt service levy or other tax levy enacted for the purpose of retiring such bonds will be reduced if such bonds are not extended and new bonds are not issued. (Section 137.532)

Last Action

02/13/2020 S - Referred to Senate Committee on Local Government and Elections

SB805 - Modifies provisions relating to sales taxes

Sponsor Sen. Denny Hoskins (R)

Summary

SB 805 - This act modifies several provisions relating to sales taxes.

SALES AND USE TAX MAPPING

SALES TAX RATES

For all tax years beginning on or after January 1, 2021, all taxing jurisdictions levying a local sales tax shall reduce such levy to a rate that will produce substantially the same amount of revenue collected from such sales tax during fiscal year 2019, plus five percent of such amount. Such taxing jurisdictions shall provide data to the State Auditor substantiating that such tax rate complies with such rollback, as described in the act. (Section 32.087)

Current law imposes a statutory state sales tax at a rate of 4%. Beginning January 1, 2022, this act reduces such rate by an amount to be determined under an agreement between the Director of Revenue and the State Treasurer and shall be an amount that is substantially equivalent to the use tax collections made under the provisions of this act during the 2021 calendar year. (Section 144.020)

ECONOMIC NEXUS

Beginning January 1, 2021, this act provides that a vendor shall be considered to be engaging in business activities in this state if such vendor had cumulative gross receipts of at least $100,000 from the sale of tangible personal property for the purpose of storage, use, or consumption in this state in the previous twelve-month period, as described in the act. Vendors meeting such criteria shall be required to collect and remit the use tax as provided under current law. (Section 144.605)

TAXING JURISDICTION DATABASE

Vendors shall not be liable for reliance upon erroneous data provided by the Director on tax rates, boundaries, or taxing jurisdiction assignments. (Section 144.637)

LOCAL USE TAX BALLOT LANGUAGE

MARKETPLACE FACILITATORS

By January 1, 2021, marketplace facilitators, as defined in the act, that meet the use tax economic nexus threshold established in the act shall register with the Department to collect and remit sales and use tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as defined in the act. Such retail sales shall include those made directly by the marketplace facilitator as well as those made by marketplace sellers through the marketplace facilitator's marketplace.

Marketplace facilitators shall provide purchasers with a statement or invoice showing that the sales and use tax was collected and shall be remitted on the purchaser's behalf.

If the Department audits a marketplace facilitator, it shall only audit such facilitator and not the marketplace sellers on behalf of whom the marketplace facilitator facilitates sales.

Marketplace facilitators may apply to the Department for relief from liability for the failure to collect and remit the correct amount of sales or use tax on retail sales facilitated for marketplace sellers under certain circumstances, as described in the act. Relief from liability shall be a percentage of the sales and use tax collected by the marketplace facilitator, with such percentage being four percent for sales made during the 2021 calendar year, two percent for sales made during the 2022 calendar year, one percent for sales made during the 2023 calendar year, and zero percent thereafter.

This provision is substantially similar to a provision contained in SCS/SBs 46 & 50 (2019).

This act is substantially similar to SB 529 (2020) and SCS/SB 189 (2019).

Last Action

02/13/2020 S - Referred to Senate Committee on Small Business and Industry

SB1084 - Modifies provisions relating to license taxes imposed by municipalities

Sponsor

Sen. Justin Brown (R)

Summary

SB 1084 - Under the act, any business license tax renewed or imposed on a telecommunications company shall be limited to the gross receipts resulting from the retail sale of basic local telecommunications service and derived from the furnishing of such service entirely within the municipality.Provisions of law relating to interest on judgement balances shall apply to fees and costs due pursuant to provisions of law relating to the public right-of-way.The act states that no additional fees, penalties, or interest shall be imposed by political subdivisions for delinquent taxes due as a result of the imposition of a license tax by any municipal corporation or fees or costs due pursuant to provisions of law relating to the public right-of-way.Finally, all suits involving a dispute or seeking the collection of unpaid license taxes pursuant to a provision of law about St. Louis County utility license taxes, or fees or costs due pursuant to provisions of law relating to the public right-of-way, shall be brought within 3 years of the date the taxes, costs, or fees are due and payable.

Last Action

05/01/2020 S - Referred to Senate Committee on Local Government and Elections

SJR36 - Exempts personal property over ten years old from property tax

Sponsor

Sen. Jason Holsman (Resigned) (D)

Summary

SJR 36 - Current constitutional provisions provide a list of the types of property that shall or may be exempted from property taxation. This constitutional amendment, if approved by the voters, exempts all personal property in excess of ten years old.

Last Action

01/09/2020 S - Referred to Senate Committee on Ways and Means

SJR41 - Allows the growth in assessed values to be limited by law

Sponsor Sen. Andrew Koenig (R)

Summary

SJR 41 - This constitutional amendment, if approved by the voters, provides that the amount by which the assessed values of real property may increase over the assessed value of such property from the previous assessment may be limited by law.

Last Action

02/13/2020 S - Superseded by SJR48

SJR43 - Limits the growth of property tax assessments

Sponsor

Sen. Bill Eigel (R)

Summary

SJR 043 - This constitutional amendment, if approved by the voters, provides that the assessed valuation for residential real property shall not exceed the previous assessed valuation for such property by more than the percent increase in inflation.

Last Action

02/13/2020 S - Superseded by SJR48

SJR44 - Prohibits the levying and collecting of a tax on tangible personal property

Sponsor

Sen. Bill Eigel (R)

Summary

SJR 44 - This constitutional amendment, if approved by the voters, prohibits counties and other political subdivisions from levying or collecting a tax on tangible personal property.

This constitutional amendment is identical to SJR 5 (2019).

Last Action

04/28/2020 S - Placed on Informal Calendar

SJR45 - Prohibits overlapping political subdivisions from levying multiple taxes for the same service

Sponsor

Sen. Mike Cierpiot (R)

Summary

SJR 45 - This constitutional amendment, if approved by the voters, would provide that, in any county or other political subdivision which levies a property tax, sales tax, or any other tax solely for a specific purpose, and whose boundaries overlap the boundaries of another political subdivision which also levies a property tax, sales tax, or any other tax solely for the same purpose, persons residing in such overlapping boundaries shall only be required to remit such tax to one taxing jurisdiction. The local election authority shall submit to the voters living within the overlapping boundaries the question of from which political subdivision such voters shall continue to receive services from and to which political subdivision the voters shall remit the tax.

Last Action

03/11/2020 S - Hearing Conducted

SJR46 - Modifies voter turnout thresholds for tax increase elections

Sponsor

Sen. Mike Cierpiot (R)

Summary

SJR 46 - 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.

This amendment is substantially similar to SJR 24 (2019) and SJR 12 (2019).

Last Action

03/04/2020 S - Hearing Conducted

SJR48 - Allows the growth in assessed values to be limited by law

Sponsor

Sen. Tony Luetkemeyer (R)

Summary SCS/SJRs 48, 41, & 43 - This constitutional amendment, if approved by the voters, provides that the amount by which the assessed values of real property may increase over the assessed value of such property from the previous assessment may be limited by law.

Last Action

04/28/2020 S - Placed on Informal Calendar

SJR52 - Modifies voter turnout thresholds for tax increase elections

Sponsor

Sen. Bill Eigel (R)

Summary

SJR 52 - 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 or an increase in 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 50% of qualified voters cast a ballot in the election.

This amendment is identical to SJR 12 (2019) and is substantially similar to SJR 24 (2019).

Last Action

03/04/2020 S - Hearing Conducted

SJR56 - Modifies a property tax exemption for certain veterans

Sponsor

Sen. Eric Burlison (R)

Summary

SJR 56 - Current law provides a property tax exemption for real property owned by a former prisoner of war with a total service-connected disability. This constitutional amendment, if approved by the voters, modifies such provision to provide a property tax exemption for real and personal property owned by a veteran with a combat-related disability and a total combined disability rating of 80% or higher, as determined by the U.S. Department of Veterans Affairs.

This amendment is substantially similar to HJR 67 (2020), SJR 23 (2018), SJR 34 (2018), HJR 63 (2018), and HJR 57 (2018).

Last Action

02/25/2020 S - Hearing Conducted

SJR58 - Makes technical corrections to provisions relating to property taxes

Sponsor

Sen. Bill Eigel (R)

Summary

SJR 58 - This constitutional amendment, if approved by the voters, makes technical changes to provisions relating to property taxes.

Last Action

02/20/2020 S - Referred to Senate Committee on Ways and Means

Track: Economic Development HB1259 - Modifies provisions regarding transportation development district elections

Sponsor

Rep. Dan Stacy (R)

Summary

This bill requires the circuit court to conduct transportation development district director elections in a manner similar to mail-in elections for any registered voters in a district.

This bill is the same as HB 30 (2019).

Last Action

03/10/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB1350 - Specifies that a school board may vote to remove its operating levy from a certain definition related to tax increment financing for redevelopment projects

Sponsor

Rep. Bill Kidd (R)

Summary

This bill authorizes a school board to remove its district's operating levy from the definition of levies that are subject to tax increment allocation financing for redevelopment projects pursuant to Section 99.845, RSMo. The bill specifies that a district's operating levy will be removed from the definition if a two-thirds majority of the school board votes in favor after permitting public comment on the matter at two consecutive school board meetings.

This bill is the same as HB 1847 (2018) and HB 137 from (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1433 - Changes the rates of the state motor fuel tax

Sponsor

Rep. Kip Kendrick (D)

Summary

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1476 - Modifies provisions relating to the state motor fuel tax

Sponsor

Rep. Joe Runions (D)

Summary

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1493 - Changes the laws regarding tax increment financing districts

Sponsor

Rep. Doug Beck (D)

Summary

This bill is the same as HB 84 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1510 - Modifies definitions for certain statutes governing urban rehabilitation projects

Sponsor

Rep. Steven Lynch (R)

Summary

This bill changes the definition of "organization" to include veteran-owned businesses, in Sections 447.620 through 447.640,RSMo, which allows certain organizations to take possession of and rehabilitate abandoned real property.

This bill also repeals an exemption in the definition of "parties of interest" that exempts any municipality contained wholly or partially within a county with a charter form of government and with more than 600,000 but less than 700,000 inhabitants.

Last Action

05/04/2020 H - Scheduled for Committee Hearing - ** REVISED for TIME CHANGE ** - House- Veterans - 05/04/20 - Upon Adjournment of House-Rules-Administrative Oversight - HR 3

HB1518 - Places a sunset provision on tax credits without a sunset provision

Sponsor

Rep. Jeffrey Messenger (R)

Summary

This bill places a six-year sunset on existing tax credits that do not sunset within the next six years.

This bill is the same as HB 1243 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1585 - Changes the laws regarding tax increment financing

Sponsor

Rep. Barbara Washington (D)

Summary

This bill modifies the definition of a blighted area where tax increment financing (TIF) projects are possible to be areas where buildings are unsafe or unsanitary provided the area also qualifies as a distressed community, where the level of unemployment is one and one-half times greater than the state average unemployment rate, or where the average household income is less that 50% of the average household income of the surrounding metropolitan statistical area (Section 99.805, RSMo).

The bill also provides that tax credits, reduced tax rates, and any other measurable contributions such as donations or discounts shall be considered funding sources for the purposes of assessing the property proposed in a TIF redevelopment plan. A study that the proposed property was not previously developed using private funds, and a study as to whether or not development would occur without public assistance are added to the requisite findings a municipality must make before a redevelopment plan is adopted (Section 99.810).

The bill exempts certain redevelopment projects from the funding limits for TIF projects associated with a geospatial intelligence federal employer in St. Louis City. Redevelopment projects so exempted include those consisting solely of public infrastructure improvements on public land and that will pay off its bonds within seven years, and those projects where only a municipality's economic activity taxes and payment in lieu of taxes (PILOTs), but not any charges levied by other taxing jurisdictions, are used to finance the project (Section 99.811).

The bill additionally requires that 25% of all payments in lieu of taxes (PILOTs) associated with a TIF project shall be distributed by a municipality to all other taxing entities that would be entitled to tax revenue but for the TIF. Municipalities and developers are then required to annually report to the Department of Economic Development regarding the status of any TIF, and the department shall subsequently, and annually thereafter, create a report for the Governor and the General Assembly annually, by April 13th, on the TIF projects statewide (Sections 99.812 and 99.813).

Redevelopment districts that provide emergency services shall be reimbursed through disbursements from a municipality's special allocation fund, provided that no reimbursement shall be less 25% or more than 100% of the district's TIF revenue. Reimbursements are further limited by only applying to districts in certain counties and municipalities (Section 99.814).

Finally, the bill qualifies projects in blighted areas that are also in distressed communities for disbursements from the state Supplemental Tax Increment Fund. However, the bill prohibits TIF redevelopment projects unless all school districts in the redevelopment area have low fiscal capacity, all associated census blocks or census block groups have high unemployment, or all associated municipalities, census blocks, or census block groups are moderate income areas (Section 99.845).

This bill is the same as HB 962 (2019).

Last Action

02/06/2020 H - Referred to House committee on Economic Development

HB1612 - Changes the laws regarding tax increment financing districts

Sponsor

Rep. Mary Elizabeth Coleman (R)

Summary

This bill modifies several provisions relating to tax increment financing.

This bill modifies the definitions of "blighted area" and "conservation area", and creates new definitions for "flood plain infrastructure projects", "port infrastructure projects", "retail area", and "retail infrastructure projects" (Section 99.805, RSMo).

This bill modifies local tax increment financing projects by providing that a study will 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 bill also provides that retail areas, as defined in the bill, will not receive tax increment financing unless such financing is exclusively utilized to fund retail infrastructure projects, as defined in the bill, or unless such area is a blighted or conservation area (Section 99.810).

This bill prohibits new projects from being authorized in any Greenfield area (Section 99.843).

This bill also prohibits new projects from being authorized in an area designated as a flood plain by the Federal Emergency Management Agency unless such projects are located in a port district, provided such financing is utilized for port infrastructure projects, or in a levee or drainage district created prior to August 28, 2020. This bill also provides that new projects may be authorized in an area within a flood plain provided that such financing must be exclusively utilized to fund flood plain infrastructure projects, as defined in the bill, that result in such area no longer being within an area designated as a flood plain. This provision will not apply to tax increment financing projects or districts approved prior to June 30, 2021, and such projects may be modified, amended, or expanded by not more than 40% of such projects' original projected cost. Projects in flood plains will not be authorized in St. Charles County (Section 99.847).

This bill is the same as SB 570 (2020).

Last Action

05/16/2020 H - Referred to House committee on Economic Development

HB1659 - Enacts provisions relating to the "Missouri Urban Rural Renewal Workforce Act"

Sponsor

Rep. Raychel Proudie (D)

Summary

The bill establishes the "Missouri Urban and Rural Renewal Workforce Act", and creates a "Missouri Urban and Rural Renewal Workforce", for providing employability skills training, and meaningful work experience leading to credentials and employment necessary to better prepare the citizens in urban and rural areas for meeting basic work requirements (Sections 620.608 and 620.609, RSMo).

The program will be a year-round community employment program administered under the Division of Workforce Development within the Department of Higher Education and Workforce Development.The program will consist of projects that offer paid work experience integrated with educational activities. The division shall give preference to persons whose income is at or below poverty level. The director may segregate programs to take advantage of federal funds.

The division can contract with any state agency, local unit of government, governor's advisory council or commission, private notfor-profit organization, or other private entity to be a project sponsor in order to find employment opportunities.

A project sponsor shall administer projects funded under the provisions specified in the bill. Participants shall be paid at least the minimum wage and shall be exempt from merit system requirements and benefits. No more than 10% of the funds distributed to a project sponsor used for paying such participants may be expended for administrative expenses and no funds shall be awarded for any program that replaces or supersedes employees engaged in any authorized work stoppage, or that replaces or supersedes currently employed workers, or that impairs existing contracts for services provided by other workers.

The division shall establish and promote the recruitment of "ShowMe Employers", which shall consist of Missouri-based corporations and businesses agreeing to interview participants completing any of the corps' programs (Section 620.617).

This bill creates within the State Treasury, the "Urban and Rural Renewal Workforce Fund", which shall be a designated fund to solely be used for the purposes set forth in Sections 620.608 to 620.619; the State Treasurer shall be the custodian of the fund.

This bill is the same as HCB 8 (2019).

Last Action

05/16/2020 H - Referred to House Special Committee on Urban Issues

HB1688 - Establishes the "Expanded Workforce Access Act of 2020"

Sponsor

Rep. Derek Grier (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Workforce Development by a vote of 11 to 0.

The following is a summary of the House Committee Substitute for HB 1688.

This bill creates the "Expanded Workforce Access Act of 2020". Beginning January 1, 2021, licensing authorities are required to grant a license to any applicant that has completed the 8th grade, completed a federally-approved apprenticeship program, and passed any necessary examination. The passing score for any examination cannot be higher than the passing score required for any nonapprenticeship license, and there cannot be an examination required for an apprenticeship license if there isn't one required for a non-apprenticeship license.

For some types of apprenticeships, the number of working hours required cannot be more than the number of educational hours required for a non-apprenticeship license.

These provisions do not apply to occupations specified in the bill.

This bill is the similar to HB 470 (2019).

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that apprenticeships help people get proper training. Supporters also stated that Missouri needs a skilled workforce and that Missouri is leading the country in apprenticeships. Apprenticeships help people learn a skill and will help decrease the unemployment rate.

Testifying for the bill were Representative Grier; Associated General Contractors of Missouri; St. Louis Regional Chamber; Missouri Chamber of Commerce & Industry; and Opportunity Solutions Project.

OPPONENTS: There was no opposition voiced to the committee.

Last Action

03/12/2020 H - Reported Do Pass Committee

HB1695 - Establishes the Targeted Industrial Manufacturing Enhancement Zones Act

Sponsor

Rep. John Black (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Economic Development by a vote of 14 to 0.

The following is a summary of the House Committee Substitute for HB 1695.

This bill establishes the "Targeted Industrial Manufacturing Enhancement Zones Act".

This bill allows any two or more contiguous or overlapping political subdivisions, as defined in the bill, to create one or more targeted industrial manufacturing enhancement (TIME) zones, which will be political subdivisions of the state, for the purpose of completing infrastructure projects to promote economic development. Prior to the creation of a TIME zone, each political subdivision must propose an ordinance or resolution that sets forth the names of the political subdivisions which will form the zone, the general nature of the proposed improvements, the estimated cost of such improvements, the boundaries of the proposed TIME zone, and the estimated number of new jobs to be created in the TIME zone. The political subdivisions must hear and pass upon all objections to the TIME zone and the proposed improvements, if any, and may amend the proposed improvements and the plans and specifications.

This bill allows the zone board governing the TIME zone to retain 25% of withholding taxes on new jobs created within the TIME zone to fund improvements made in the TIME zone. These moneys shall be deposited into the newly created "TIME Zone Fund", as specified in the bill. Prior to retaining such withholding taxes, the zone board will enter into an agreement with the Department of Economic Development. Such agreement will specify the estimated number of new jobs to be created, the estimated average wage of new jobs to be created, the estimated net fiscal impact of the new jobs, the estimated costs of improvements, and the estimated amount of withholding tax to be retained over the period of the agreement. The department will not approve an agreement unless the zone board commits to the creation of a certain number of new jobs, as described in the bill.

The term of such agreement will not exceed 10 years. A zone board may apply to the Department of Economic Development for approval to renew any agreement. In determining whether to approve the renewal of an agreement, the department will consider the number of new jobs created and the average wage and net fiscal impact of such new jobs, and the outstanding improvements to be made within the TIME zone, the funding necessary to complete such improvements, and any other factor the Department requires. The department may approve the renewal of an agreement for a period not to exceed 10 years. If a zone board has not met the new job creation requirements by the end of the agreement, the department will recapture the withholding taxes retained by the zone board.

The zone board must submit an annual report to the Department of Economic Development and to the General Assembly by December 31st of each year. The content of the report is specified the bill.

No political subdivision will establish a TIME zone with boundaries that overlap the boundaries of an advanced industrial manufacturing (AIM) zone.

This bill sunsets 6 years after the effective date.

This bill is similar to SCS SB 594 (2020).

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that the bill will incentivize economic development across the state by allowing municipalities and counties to work together in order to complete infrastructure projects. Additionally, with the Department of Economic Development reviewing and approving projects, job requirements, a sunset clause, and not allowing the Missouri Works program to work in conjunction with a TIME Zone, this bill has necessary oversight.

Testifying for the bill were Representative Black; Missouri Association of Municipal Utilities; Missouri Chamber of Commerce and Industry; Missouri Association of School Administrators; City Utilities of Springfield; and Boone County Missouri.

OPPONENTS: There was no opposition voiced to the committee.

OTHERS: Others testifying on the bill say that the proposed TIME zones are very similar to both the Missouri Works program and advanced industrial manufacturing zones.

Testifying on the bill was the Missouri Department of Economic Development.

Last Action

03/10/2020 H - Reported Do Pass Committee

HB1750 - Requires community improvement districts to include more than one property owner

Sponsor

Rep. Vic Allred (R)

Summary

This bill requires community improvement district boundaries to encompass at least two owners of real property.

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB1781 - Authorizes a tax credit for establishing a new business in a distressed community

Sponsor

Rep. Rasheen Aldridge (D)

Summary

This bill authorizes an income tax credit equal to 50% of the amount incurred in the construction and development of a new business in a distressed community so long as the majority of the new business' employees live within the county of the distressed community. A distressed community is defined to be a census tract with a poverty rate of at least 20% or a median family income of less than 80% of the statewide average.

A taxpayer cannot claim a tax credit greater than $2.5 million per tax year. The credit is nonrefundable and nontransferable, but may be carried over three years. The total amount of credits authorized cannot exceed $25 million in any calendar year.

A taxpayer must repay all credits received plus a reasonable return on the value of the credits issued if the business leaves within five years of being issued the credits.

This bill is the same as HB 286 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1831 - Establishes programs in the Department of Economic Development to assist minority business enterprises

Sponsor

Rep. Alan Green (D)

Summary

This bill requires the Department of Economic Development to develop a program to provide training and assistance to minority business enterprises to help such enterprises secure bid, performance and payment bonds that are necessary for contracting with a federal, state or local entity. In addition, the department may secure letters of credit as necessary to guarantee such bonds that minority business enterprises are required to obtain in order to contract with a federal, state, or local entity.

This bill is the same as HB 102 (2019).

Last Action

05/16/2020 H - Referred to House committee on Economic Development

HB1834 - Changes the laws regarding tax increment financing districts

Sponsor

Rep. Alan Green (D)

Summary

This bill requires tax increment financing commissions to give priority to low-income areas, as specified in the bill. These provisions apply for any redevelopment project that is approved by a municipality after June 30, 2022.

Tax increment financing cannot be used for more than 5% of the total estimated redevelopment costs or 30% of the infrastructure costs, whichever is greater, of a project that is primarily retail unless the redevelopment is in a municipality, census block group, or group of block groups with a median household income less than 70% of that of the metropolitan area, a distressed community, a federal enterprise zone, or a federal empowerment zone.

The bill requires that the municipality and developer must submit a report annually to the Department of Economic Development regarding the approved plan. The department must submit a report to the Governor and General Assembly by April 30 of each year.

This bill specifies that any district providing emergency services under Chapter 190 or 321, RSMo, will be entitled to reimbursement from the special allocation fund for direct costs. However, such reimbursement will not be less than 25% nor more than 100% of the district's tax increment.

This bill is similar to HB 94 (2019).

Last Action

05/16/2020 H - Referred to House committee on Economic Development

HB1842 - Establishes the "Missouri Minority Business Enterprise Loan Program"

Sponsor

Rep. Alan Green (D)

Summary

This bill establishes the "Missouri Minority Business Loan Program". Accordingly, the Department of Economic Development may loan or grant funds to qualified entities to create revolving loan funds to finance the economic development of minority owned businesses. Qualified entities include planning and development districts, small business investment corporations, bank-based community development corporations, or other entities that meet department standards. A minority business is a for-profit, small business that is owned and controlled by another minority business or one or more members of a minority, at least 50% of whom are Missouri residents. The funds for said program shall not exceed $29 million in the aggregate.

The bill also provides certain restrictions and requirements for minority businesses receiving loans from the revolving fund.

The provisions of this program will sunset six years after the effective date.

This bill is the same as HB 93 (2019).

Last Action

01/30/2020 H - Referred to House committee on Economic Development

HB2184 - Changes the laws regarding political subdivisions to allow neighborhood and community improvement districts to expend funds on telecommunication services

Sponsor

Rep. Hannah Kelly (R)

Summary

This bill allows for neighborhood and community improvement districts to expend funds for the improvement of telecommunications facilities in the district.

Last Action

03/10/2020 H - Public hearing completed

HB2235 - Changes the laws regarding community improvement districts

Sponsor

Rep. Justin Hill (R)

Summary

This bill makes changes to the community improvement district laws. In its main provisions, the bill:

(2) Limits the duration of the district to 21 unless the municipality extends the time pursuant to statute;

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HJR71 - Proposes a constitutional amendment to authorize the highways and transportation commission to construct toll roads and impose and collect tolls on interstates and four-lane roadways

Sponsor

Rep. Jeffrey Messenger (R)

Summary

This bill is the same as HJR 15 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Transportation

SB539 - Increases taxes on motor fuels

Sponsor

Sen. Doug Libla (R)

Summary

This act contains an emergency clause.

ERIC VANDER WEERD

Last Action

02/10/2020 S - Placed on Informal Calendar

SB550 - Relating to the assessment of certain properties that are exempt from ad valorem taxes

Sponsor

Sen. Dan Hegeman (R)

Summary

This act is identical to SCS/SB 97 (2019) and is substantially similar to HB 1004 (2019).

JOSH NORBERG

Last Action

01/28/2020 S - Not heard in committee

SB570 - Modifies provisions relating to taxation

Sponsor

Sen. Andrew Koenig (R)

Summary

HCS/SS/SCS/SB 570 - This act modifies several provisions relating to taxation.

ST. LOUIS CITY ASSESSOR

This provision is identical to a provision contained in HB 1710 (2020).

This section shall not become effective until the passage and approval of a constitutional amendment allowing all county assessors to be elected.

SENIOR CITIZENS' SERVICES FUND This act authorizes the board of directors managing the Senior Citizens' Services Fund in the City of St. Louis to solicit, accept, and expend grants from private or public entities and enter into agreements so long as the transaction is in the best interest of the programs provided by the board and proceeds are used exclusively to fund such programs. (Sections 67.990 and 67.993)

This provision is identical to HB 1560 (2020).

TRANSIENT GUEST TAXES

This act authorizes the City of Butler to submit to the voters a transient guest tax not to exceed 6% of the charges per occupied room per night. (Section 67.1011)

This provision is identical to HB 2562 (2020).

This provision is identical to SB 387 (2019), HB 1073 (2019), and to a provision contained in SCS/SB 770 (2020), SS/SCS/SBs 46 & 50 (2019), SCS/HCS/HB 674 (2019), and SCS/HB 761 (2019).

AIM ZONES

Under current law, no advanced industrial manufacturing (AIM) zone may be established after August 28, 2023. This act extends such date to August 28, 2030. (Section 68.075)

This provision is identical to SB 636 (2020) and HB 2334 (2020).

PUBLIC SAFETY SALES TAXES

These provisions are identical to SB 873 (2020), HB 1701 (2020), HB 1309 (2020), HB 1726 (2020), and HB 1731 (2020).

BLIGHTED HOME TAX CREDIT

The tax credit issued under this act shall not be refundable or transferrable, but may be carried back three years or carried forward to any subsequent five years. (Section 99.720)

This provision shall sunset on December 31, 2026, unless reauthorized by the General Assembly.

This provision is identical to HB 1588 (2020).

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". (Section 99.805) 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 prohibits new projects from being authorized in any Greenfield area. (Section 99.843)

This act is substantially similar to HCS/SS/SCS/SB 108 (2019) and HB 698 (2019), and is similar to SB 311, HB 32 (2019), and SS/SCS/SB 859 (2018).

COMMUNITY LAND TRUST TAX CREDIT

Tax credits issued under the act shall not be refundable or transferrable, and shall not be carried forward or backward.

This provision shall expire on August 28, 2026, unless reauthorized by the general assembly. (Section 135.180) WOOD ENERGY TAX CREDIT

This provision is identical to SB 647 (2020) and to a provision contained in SB 454 (2019).

SPECIAL NEEDS ADOPTION TAX CREDIT

HOMELESS SERVICES TAX CREDIT

This provision shall sunset on August 28, 2026, unless reauthorized by the General Assembly.

DOMESTIC VIOLENCE SHELTER TAX CREDIT

SCHOOL TEACHER TAX CREDIT

This provision shall sunset on December 31, 2026, unless reauthorized by the General Assembly.

FOOD DESERT TAX CREDIT

This provision shall sunset on December 31, 2026, unless reauthorized by the General Assembly.

AGRICULTURAL LAND VALUES

This act prohibits the State Tax Commission from promulgating a rule increasing agricultural land productive values by more than two percent over the value in effect prior to the rule change or by more than eight percent over the lowest value in effect in any of the ten years prior to the rule change. (Section 137.021) This provision is identical to SB 983 (2020) and HB 2321 (2020), and is substantially similar to SB 548 (2018), HB 1721 (2018), SB 364 (2017), HCS/HB 1036 (2017), SS/SB 543 (2014), and HB 2178 (2014), and to a provision contained in HCB 16 (2018) and HCS/HB 1640 (2014).

PROPERTY TAX ASSESSMENTS

This section shall not become effective until the passage and approval of a constitutional amendment authorizing a statutory limitation on increases in assessed valuations.

This act applies such provisions to appeals in all charter counties, first class counties, and the City of St. Louis. (Section 138.060).

INCOME TAXES

These provisions are substantially similar to provisions contained in HCS/SB 676 (2020) and SS#2/SB 704 (2020). For all tax years beginning on or after January 2, 2021, this act authorizes an income tax deduction for charitable contributions made by a taxpayer. The deduction shall be equal to the total amount of contributions made, less five hundred dollars, provided that the deduction does not exceed fifty percent of the taxpayer's federal adjusted gross income. (Section 143.1300)

This provision shall sunset on August 28, 2026, unless reauthorized by the General Assembly.

FEMININE HYGIENE PRODUCTS SALES TAX

This provision is substantially similar to SB 443 (2019) and HB 747 (2019).

CHARTER SCHOOLS

This act modifies the calculation of the amount a school district with one or more pupils attending a charter school shall pay to the charter school.

CALCULATION OF SCHOOL AID

This provision is identical to HB 1818 (2020).

IRON COUNTY SCHOOL FUND

This provision is identical to HCS/HB 1817 (2020).

TIME ZONES

This act establishes the "Targeted Industrial Manufacturing Enhancement Zones Act".

This act allows the zone board governing the TIME zone to retain twenty-five percent of withholding taxes on new jobs created within the TIME zone to fund improvements made in the TIME zone. Prior to retaining such withholding taxes, the zone board shall enter into an agreement with the Department of Economic Development. Such agreement shall specify the estimated number of new jobs to be created, the estimated average wage of new jobs to be created, the estimated net fiscal impact of the new jobs, the estimated costs of improvements, and the estimated amount of withholding tax to be retained over the period of the agreement. The Department shall not approve an agreement unless the zone board commits to the creation of a certain number of new jobs, as described in the act.

The zone board shall submit an annual report to the Department and to the General Assembly, as described in the act.

No political subdivision shall establish a TIME zone with boundaries that overlap the boundaries of an advanced industrial manufacturing (AIM) zone.

The total amount of withholding taxes retained by TIME zones under this act shall not exceed $5 million per year.

This provision shall sunset on August 28, 2023, unless reauthorized by the General Assembly. (Section 620.2250) CAPITOL COMPLEX TAX CREDIT ACT

This act creates the Capitol Complex Tax Credit Act.

Tax credits issued for donations under this act are not subject to any fee. Tax credits issued under this act may be assigned, transferred, sold, or otherwise conveyed.

These provisions shall sunset six years after August 28, 2020, unless reauthorized by the General Assembly. (Section 620.3210)

Last Action

05/14/2020 H - Laid over on third reading

SB577 - Modifies provisions relating to property assessment contracts for energy efficiency

Sponsor

Sen. Sandy Crawford (R)

Summary

SB 577 - This act modifies provisions relating to the Property Assessment Clean Energy (PACE) Act.

The Division may refer any matter related to the conduct of a PACE board to the State Auditor or to the Attorney General.

The act sets limitations on what incentives or information the PACE board shall provide to a contractor.

Finally, a contractor shall not provide a different price for a project financed as a residential PACE project than the contractor would provide if paid in cash by the property owner.

This act is similar to SCS/SB 173 (2019), HCS/HB 215 (2019), SB 933 (2018), HB 2214 (2018), and HB 2344 (2018).

JAMIE ANDREWS

Last Action

01/09/2020 S - Referred to Senate Committee on Insurance and Banking

SB594 - Establishes the Targeted Industrial Manufacturing Enhancement Zones Act

Sponsor

Sen. Lincoln Hough (R)

Summary

HCS/SS#2/SCS/SB 594 - This act modifies several provisions relating to political subdivisions.

JOINT COMMITTEE ON COVID-19 RESPONSE

This act establishes the Joint Committee on the COVID-19 Response, which shall be composed of eighteen members as described in the act. The Committee shall study the impact of the COVID-19 pandemic on the state, including the rate and spread of infections, the impact on various organizations, relief efforts, federal funds received by the state, and the impact on the economy of the state, as described in the act.

The Committee shall issue periodic reports to the General Assembly and the Governor as the Committee deems appropriate. (Section 21.855)

ANTI-DISCRIMINATION AGAINST ISRAEL ACT

This act creates the "Anti-Discrimination Against Israel Act". Under this act, public entities are prohibited from entering into certain contracts with a company unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of goods or services from the State of Israel or any company, or person or entity, doing business with or in the State of Israel. Any contract failing to comply with the provisions of this act shall be void against public policy.

This act does not apply to contracts with a total potential value of less than $100,000 or to contractors with fewer than 10 employees. (Section 34.600)

This provision is substantially similar to SCS/SB 739 (2020), HCS/HB 2179 (2020), HB 1344 (2020), HB 1738 (2020), SB 308 (2019), HB 1006 (2019), SCS/SB 849 (2018), and the perfected HB 2179 (2018).

COST OPENNESS AND SPENDING TRANSPARENCY ACT

This act requires all individuals and entities receiving state money to include in any statements, press releases, requests for proposals, bid solicitations, or any other documents describing projects or programs to include on such communications a statement indicated the amount of state money used for the project, the percentage of the project funded with state money, and the amount and percentage of the project funded with non-governmental sources. (Section 37.965)

This provision is identical to HCS/HB 2555 (2020).

LOCAL GOVERNMENT EXPENDITURE DATABASE

This act establishes the Missouri Local Government Expenditure Database to be maintained on the Missouri Accountability Portal. The database shall be available on the Office of Administration website and shall include information on expenditures made in each fiscal year beginning on or after July 1, 2023. For each expenditure, the database shall include certain information, as described in the act.

Municipalities and counties may participate in the database on a voluntary basis, or shall be required to participate if the requisite number of residents of the municipality or county makes such a request, as described in the act.

Subject to appropriation, the Office of Administration shall provide financial reimbursement to any participating municipality or county for expenditures incurred from participation in the database. (Sections 37.1090 to 37.1098)

EMERGENCY DECLARATIONS

This act provides that no state of emergency declared by a county executive shall be imposed or continue for more than fifteen days without a majority vote of at least 60% of the governing body of such county. (Section 44.080)

This provision contains an emergency clause.

USE OF COUNTY PROPERTY

Currently, the county commissions in all first, second, and fourth class counties are authorized to promulgate regulations concerning the use of county property. This act authorizes the county commission in all noncharter to promulgate such regulations. (Section 49.266) This provision is identical to HB 1698 (2020) and is substantially similar to SB 747 (2020), SB 464 (2019), HB 1269 (2018) and HB 1210 (2017).

COUNTY FINANCIAL STATEMENTS

Under current law, by the first Monday in March of each year, non-charter first class counties must prepare and publish in a qualified newspaper a financial statement for the previous year.

Under this act, all non-charter counties, by the first Monday in March of each year, must prepare and publish in a qualified newspaper a financial statement for the previous year. The financial statement shall include the name and current gross annual salary of each elected or appointed county official whose salary is set by the county salary commission.

Under this act, the county clerk or other officer responsible for the preparation of the financial statement shall preserve the documents relied upon in the making of the financial statements and shall provide an electronic copy free of charge to any newspaper requesting a copy of the data. The newspaper publishing the statement shall charge and receive no more than its regular local classified advertising rate. The county commission shall pay the publisher upon the filing of proof of publication. After verification, the State Auditor shall notify the county commission.

This act repeals a provision that any county treasurer paying or entering for protest any warrant for any commissioner of the county commission prior to notice from the State Auditor shall be liable on his or her official bond. The act also repeals current provisions regarding financial statements by second, third, and fourth class counties. (Sections 50.815 and 50.820)

These provisions are identical to SB 859 (2020), HB 1814 (2020), and HB 1966 (2020).

ST. LOUIS CITY ASSESSOR

This provision is identical to a provision contained in HB 1710 (2020).

This section shall not become effective until the passage and approval of a constitutional amendment allowing all county assessors to be elected.

COUNTY RECORDERS

This act requires candidates for county recorder to provide to the election authority a copy of an affidavit from a surety company that indicates the candidate is able to satisfy the bond requirements provided by law. (Section 59.021)

This act also modifies the bond requirements for county recorders to be at least $1,000 if elected prior to January 1, 2021, and at least $5,000 if elected on or after January 1, 2021. (Section 59.100)

These provisions are identical to HB 2368 (2020).

COUNTY PROPERTY MAINTENANCE AND NUISANCE CODES

This act authorizes Boone County to adopt property maintenance regulations and ordinances as provided in the act. The unavailability of a utility service due to nonpayment is not a violation of the property maintenance code.

Under this act, the property maintenance code must require the county commission to create a process for selecting a designated officer to respond to written complaints of the condition of a rented residence that threaten the health or safety of the tenants. When a written complaint is filed, the owner of any rental residence must be served with a notice specifying the condition alleged in the complaint and state a reasonable date by which abatement of the condition must commence. If work to abate the condition does not commence as determined by the designated officer, the complaint shall be given a hearing before the county commission. If the county commission finds that the rented residence has a dangerous condition that is harmful to the health, safety, or welfare of the tenant, the county commission shall issue an order that the condition be abated. If the owner violates an order issued by the county commission the owner may be punished by a penalty, which shall not exceed a Class C misdemeanor. (Section 64.207)

These provisions are identical to HCS/HB 2336 (2020) and to a provision contained in SS/SCS/HB 1854 (2020).

DOG ORDINANCES

This act provides that the state of Missouri occupies the entire field of legislation relating to the control and regulation of dogs. (Section 67.142)

This provision is identical to HCS/HBs 2241 & 2244 (2020).

SENIOR CITIZENS' SERVICES FUND

This provision is identical to HB 1560 (2020).

TEXT-TO-DONATE PILOT PROGRAM

This act creates a "Text-to-Donate" pilot program in Kansas City and St. Louis to provide services aimed at reducing the population of homeless persons in those cities. Each city shall create a fund within the city treasury to receive money for this program. This program will be funded by donations made via text messages. Each city shall provide the phone number to which donations can be sent via text message.

The cities shall be responsible for administering, promoting, securing donations to, and making distributions from the fund. Additionally, distributions from a city's fund shall only be made to pay for services aimed at reducing the homeless population of that city.

This act also requires the General Assembly to make a one-time appropriation sufficient to fund the initial signage promoting these funds. The signage shall be displayed in areas with a high population of homeless persons. Any further expenditures to promote a city's fund shall be paid out of the fund itself. (Section 67.1100)

This provision is identical to SB 544 (2020), HB 2500 (2020), and SB 152 (2019).

AIM ZONES

Under current law, no advanced industrial manufacturing (AIM) zone may be established after August 28, 2023. This act extends such date to August 28, 2030. (Section 68.075)

This provision is identical to SB 636 (2020) and HB 2334 (2020).

LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM

Currently, member contributions for the Missouri Local Government Employees' Retirement System are 0% or 4% of compensation. This act allows each political subdivision to elect an alternative member contribution amount of 2% or 6% of compensation. If a political subdivision elected a benefit program for certain members covered concurrently by Social Security and another for those members not covered concurrently by Social Security, the political subdivision may also elect one member contribution for those members who are covered and another contribution amount for those members who are not covered. (Section 70.705)

This provision is substantially similar to HB 1467 (2020) and to a provision contained in SCS/SB 768 (2020). POLICE OFFICER RESIDENCY REQUIREMENTS

This act provides that no city, village, town, county, township, or board of police shall require, as a condition of employment, any residency rule or requirement for current or prospective law enforcement officers, unless the rule is no more restrictive than requiring such personnel to reside within a one-hour response time. (Section 71.201)

Currently, commissioned and civilian personnel of the St. Louis City municipal police force must retain a primary residence in the city for a total of seven years and then may maintain a primary residence that is located within a one-hour response time. This act provides that such personnel shall not be subject to a residency requirement so long as the primary residence is located within a one-hour response time. (Section 84.344)

These provisions shall not apply to the Missouri State Highway Patrol.

These provisions are substantially similar to SB 558 (2020).

COURT REPORTERS

This act provides that testimony, objections, and rulings held in board of adjustment hearings shall be taken down by a certified court reporter, made by a certified electronic recorder, or by an officer of the court, as described in the act. (Section 89.080)

This act also provides that circuit court reporters with at least six years of service shall receive salary adjustments as described in the act. (Section 485.060)

These provisions are identical to HCS/HB 1819 (2020).

TRANSIENT GUEST TAXES

This provision is identical to SB 387 (2019), HB 1073 (2019), and to a provision contained in SCS/SB 770 (2020), SS/SCS/SBs 46 & 50 (2019), SCS/HCS/HB 674 (2019), and SCS/HB 761 (2019).

PUBLIC SAFETY SALES TAXES

These provisions are identical to SB 873 (2020), HB 1701 (2020), HB 1309 (2020), HB 1726 (2020), and HB 1731 (2020).

FINANCIAL REPORTS OF POLITICAL SUBDIVISIONS

Current law requires political subdivisions to submit an annual report of the financial transactions of the political subdivision to the State Auditor, with any political subdivision failing to do so subject to a fine of $500 per day. This act provides that any political subdivision that has gross revenues of less than $5,000 or that has not levied or collected sales or use taxes in the fiscal year for which the annual report was not timely filed shall not be subject to the fine. This act also provides that if the annual report was not filed as a result of fraud or other illegal conduct by an employee or officer, such political subdivision shall not be subject to a fine if the annual report is filed within thirty days of the discovery of the fraud or illegal conduct. The act authorizes the Director of Revenue to make a one-time reduction in the amount of outstanding fines for political subdivisions filing its first annual report after January 1, 2021, or if the Director determines the fine to be uncollectible, as described in the act.

For any political subdivision with outstanding fines or penalties that does not file an annual report by January 1, 2021, or that files such report but fails to file any subsequent report, the Director of Revenue shall initiate the process to disincorporate the political subdivision. If a resident of the political subdivision believes the annual report has not been filed, he or she may file an affidavit with the Department of Revenue, which shall investigate. If the report has not been filed, the political subdivision shall file it within ninety days. If the political subdivision fails after ninety days to file the annual report, the Director of Revenue shall initiate the process to disincorporate the political subdivision.

The question of whether a political subdivision shall be disincorporated shall be submitted to the voters, as described in the act. If a majority of voters vote for disincorporation, the circuit court shall appoint an administrative authority for the political subdivision, as described in the act. (Section 105.145)

This provision is identical to HCS/HB 1854 (2020).

PROPERTY TAX ASSESSMENTS

This act also prohibits an increase in the valuation of any real property by more than ten percent from the previous assessed valuation, excluding new construction and improvements. Additionally, this act prohibits an increase in the valuation of any residential real property for the duration of time that such property is located in a legally defined subdivision immediately adjacent to any subdivision that receives a tax abatement. (Section 137.115)

This section shall not become effective until the passage and approval of a constitutional amendment authorizing a statutory limitation on increases in assessed valuations.

Current law requires taxpayers in first class counties to appeal assessed valuations to the board of equalization by the third Monday in June. This act changes such deadline to the second Monday in July. (Section 137.385)

This act applies such provisions to appeals in all charter counties, first class counties, and the City of St. Louis. (Section 138.060)

IRON COUNTY SCHOOL FUND This act prohibits money received into the Iron County School Fund from the payment of penalties under the administrative order issued by the Department of Natural Resources on August 30, 2019, from being included in the calculation of local effort for the Iron County School District. (Section 163.024)

This provision is identical to HCS/HB 1817 (2020).

PRIVATE COLLEGE CAMPUS PROTECTION ACT

This act establishes the "Private College Campus Protection Act". The governing board of the College of the Ozarks may employ police officers for purposes set forth in the act. Such officers shall take an oath of office and complete police training to obtain a peace officer license. Additionally, the College of the Ozarks may establish and enforce traffic regulations for on-campus thoroughfares. (Sections 173.2700 to 173.2712)

These provisions shall sunset on August 28, 2025, unless reauthorized by the General Assembly.

These provisions are identical to HCS/HB 1282 (2020) and are substantially similar to SB 729 (2020), SB 129 (2019), HCS#2/HB 105 (2019), SB 1047 (2018) and HB 2495 (2018).

ALTERNATIVE COUNTY HIGHWAY COMMISSIONS

Under current law, a county that has adopted a alternative county highway commission may only abolish such commission by a vote of the people. This act allows the governing body of the county to abolish the commission.

Once abolished, or in counties that did not adopt the alternative county highway commission, current law requires the county to retain the county highway commission provided under current law. This act allows the county to adopt the county highway commission or county road overseers. (Section 230.205)

WORKING ANIMALS

Under this act, the right to utilize working animals, as defined in the act, is guaranteed. No law, ordinance, or rule shall be enacted by any political subdivision of the state that terminates, bans, or effectively bans, by creating undue financial hardship, the job or use of working animals or an enterprise employing working animals.

Nothing in the act shall prevent the establishment of or alter the laws, ordinances, or rules of a political subdivision regarding animal care, public health, or public safety; unless such law, ordinance, or rule is in violation of the act, in which case, the act shall supercede such law, ordinance, or rule. (Section 262.760)

This provision is identical to SB 979 (2020), HCS/HB 1752 (2020) and similar to SB 416 (2019), SCS/HB 559 (2019), and HB 1021 (2019).

PROPERTY RESTRICTIONS ON SOLAR PANELS

This act specifies that no deed restriction, covenant, or similar binding agreement running with the land shall limit or prohibit the installation of solar panels or solar collectors, as defined in the act, on the rooftop of any property or structure.

A homeowners' association may adopt reasonable rules regarding the placement of solar panels or solar collectors to the extent those rules do not prevent the installation of the device or adversely affect its functioning, use, cost, or efficiency.

This act shall apply only with regard to rooftops that are owned, controlled, and maintained by the owner of the property or structure. (Section 442.404)

This provision is identical to SB 1008 (2020) and HB 2526 (2020), and to a provision contained in HCS/SS/SB 618 (2020). CHANGE OF VENUE REIMBURSEMENT

This act establishes a fund from which counties may apply to the Office of the State Courts Administrator for reimbursement of costs associated with the sequestering of jurors in capital cases in which there is a change of venue into the county. (Section 550.125)

This provision is identical to a provision contained in SCS/HBs 1450 et al. (2020).

SUNSHINE LAW

This act adds security procedures for property owned or leased by a public governmental body, including, but not limited to, evacuation and lockdown procedures for the buildings on such property, to the list of records that may be closed under the Sunshine Law.

This act also adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law. (Section 610.021)

This provision is similar to SB 828 (2020), SCS/SB 453 (2019), and HCS/HB 1098 (2019).

TIME ZONES

This act establishes the "Targeted Industrial Manufacturing Enhancement Zones Act".

The zone board shall submit an annual report to the Department and to the General Assembly, as described in the act.

No political subdivision shall establish a TIME zone with boundaries that overlap the boundaries of an advanced industrial manufacturing (AIM) zone.

The total amount of withholding taxes retained by TIME zones under this act shall not exceed $5 million per year. This act shall sunset on August 28, 2023, unless reauthorized by the General Assembly. (Section 620.2250)

BROADBAND INTERNET GRANT PROGRAM

Currently, the broadband internet grant program for unserved and underserved areas of the state will expire on August 28, 2021. This act extends the program until August 28, 2030. (Section 620.2459)

This provision is similar to SS/SB 632 (2020) and HB 1859 (2020).

LAND CONVEYANCE

This act authorizes the conveyance of certain state property in the following locations (Sections 1-17):

• St. Francois County

• City of Rolla to Edgewood Investments

• City of Kirksville

• Macon County

• City of St. Louis

• Wyandotte County, Kansas

• Pike County to the State Highways and Transportation Commission

• Iron County to the State Highways and Transportation Commission

• City of Moberly

• Ste. Genevieve County to the National Park Service

• Cole County to the Heartland Port Authority of Central Missouri

• City of Fulton

The act contains an emergency clause for certain conveyances of property in St. Francois County and Ste. Genevieve County.

Last Action

05/07/2020 H - Reported Do Pass Committee

SB632 - Extends the expiration date of the broadband internet grant program for unserved and underserved areas of the state from August 28, 2021 to June 30, 2027

Sponsor

Sen. Dan Hegeman (R)

Summary

SS/SB 632 - Currently, the broadband internet grant program for unserved and underserved areas of the state will expire on August 28, 2021. This act extends the program until June 30, 2027. This act is similar to HB 1859 (2020).

Last Action

04/28/2020 H - Referred to House-Special Committee on Regulatory Oversight and Reform

SB636 - Extends the authorization of AIM Zones until 2030

Sponsor

Sen. Paul Wieland (R)

Summary

SB 636 - Under current law, no advanced industrial manufacturing (AIM) zone may be established after August 28, 2023. This act extends such date to August 28, 2030.

Last Action

03/03/2020 S - Placed on Informal Calendar

SB646 - Modifies provisions relating to certain special taxing districts

Sponsor

Sen. Andrew Koenig (R)

Summary

SB 646 - 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 withing the district. This act requires such sales taxes to be approved by a majority of the voters of the municipality in which the district is located. Additionally, current law authorizes TDDs to charge and collect tolls or fees for the use of a project if approved by a majority of voters within the district. This act requires such tolls or fees to be approved by a majority of voters within the municipality in which the TDD is located.

JOSH NORBERG

Last Action

04/28/2020 S - Placed on Informal Calendar

SB715 - Prohibits the enforcement of any federal rule or regulation promulgated by the United States Environmental Protection Agency unless the rule or regulation is approved by the General Assembly Sponsor

Sen. Eric Burlison (R)

Summary

SB 715 - This act prevents all state departments and agencies from enforcing any rule or regulation promulgated by the United States Environmental Protection Agency until such rule or regulation has been approved by the General Assembly.

This act is similar to HB 222 (2017) and HB 2582 (2016).

Last Action

02/19/2020 S - Hearing Conducted

SB722 - Repeals provisions authorizing regional economic development districts

Sponsor

Sen. Lincoln Hough (R)

Summary

SB 722 - Current law authorizes two or more counties or municipalities to form a regional economic development district to plan, formulate, develop, promote, fund, and conduct or cause to be conducted programs to encourage the economic development of the district. This act repeals such authority.

Last Action

02/25/2020 S - Voted do pass from committee

SB724 - Establishes the Missouri Rural Workforce Development Act

Sponsor

Sen. Justin Brown (R)

Summary

SB 724 - This act establishes the "Missouri Rural Workforce Development Act", which provides a tax credit for certain investments made in businesses located in rural areas in this state.

This act allows investors to make capital investments in a rural fund, as defined in the act. Such investors shall be allowed a tax credit for a period of six years beginning with the year the investor made a capital investment. The tax credit shall be equal to a percentage of the capital investment. The percentage shall be zero for the first two years, and fifteen percent for the subsequent four years. Tax credits issued under the act shall not be refundable, but may be carried forward to any of the five subsequent tax years, as described in the act. No more than $25 million dollars in tax credits shall be authorized in a given calendar year.

A rural fund wishing to accept investments as capital investments shall apply to the Department of Economic Development. The application shall include the amount of capital investment requested, a copy of the applicant's license as a rural business or small business investment company, evidence that the applicant has made at least $100 million in investments in nonpublic companies located in counties throughout the United States with a population less than fifty thousand, and a business plan that includes a revenue impact statement projecting state and local tax revenue to be generated by the applicant's proposed qualified investments, as described in the act. The rural fund shall also submit a nonrefundable application fee of $5,000.

The Department shall grant or deny an application within thirty days of receipt. The Department shall deny an application if such application is incomplete or insufficient, if the revenue impact assessment does not demonstrate that the business plan will result in a positive economic impact on the state over a ten year period, or if the Department has already approved the maximum amount of capital investment authority.

Rural funds shall use capital investments made by investors to make qualified investments, as defined in the act, in eligible businesses. An eligible business is a business that, at the time of the qualified investment, has fewer than two hundred fifty employees and has its principal business operations in one or more rural areas in the state, defined as any county with a population of less than ninety thousand.

The Department may recapture tax credits if the rural fund does not invest sixty percent of its capital investment authority in qualified investments within two years of the date of the capital investment, and one hundred percent of its capital investment authority within three years, if the rural fund fails to maintain qualified investments equal to ninety percent of its capital investment authority in years three through six, as described in the act, if prior to exiting the program the rural fund makes a distribution or payment that results in the fund having less than ninety percent of its capital investment authority invested in qualified investments, or if the rural fund violates provisions of the act.

Rural funds shall submit annual reports to the Department, including the name and location of each eligible business receiving a qualified investment, the number of jobs created and jobs retained as a result of qualified investments, the average salary of such jobs, and any other information required by the Department, as described in the act.

At any time after the sixth anniversary of the capital investment, a rural fund may exit the program if the fund has satisfied the job creation and retention requirements. A rural fund not meeting such job creation and retention requirements may exit the program upon the payment of a penalty, which shall be calculated as described in the act.

This act shall sunset August 28, 2030, unless reauthorized by the General Assembly.

This act is identical to SCS/SB 477 (2019) and is substantially similar to HB 1230 (2019) and HB 1236 (2019).

Last Action

01/30/2020 S - Referred to Senate Committee on Economic Development

SB840 - Modifies provisions relating to the increment financing

Sponsor

Sen. Lauren Arthur (D)

Summary

SB 840 - This act 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.

Last Action

02/20/2020 S - Referred to Senate Committee on Local Government and Elections

SB1057 - Modifies provisions relating to the Missouri Works program

Sponsor

Sen. Dan Hegeman (R)

Summary

SB 1057 - This act modifies the Missouri Works program to provided that, for qualified military projects, the benefit shall be based on part-time and full-time jobs created by the project.

Last Action

05/01/2020 S - Referred to Senate Committee on Economic Development

Track: Mun. Admin. and Intergov. Rel. HB1259 - Modifies provisions regarding transportation development district elections

Sponsor

Rep. Dan Stacy (R)

Summary

This bill requires the circuit court to conduct transportation development district director elections in a manner similar to mail-in elections for any registered voters in a district.

This bill is the same as HB 30 (2019).

Last Action

03/10/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB1261 - Repeals provisions that prohibit political subdivisions from adopting orders, ordinances, or regulations relating to firearms

Sponsor

Rep. Richard Brown (D)

Summary

This bill 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.

This bill is the same as 1st Extraordinary Session HB 9 (2019).

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB1265 - Prohibits anyone from using a hand-held electronic wireless communication device while driving a non-commercial motor vehicle unless the device is equipped for hands-free operation and is being used in that manner

Sponsor

Rep. Gretchen Bangert (D)

Summary

Currently, an individual 21 years of age or younger is prohibited from sending, reading, or writing a text message or electronic message from a hands-held electronic wireless communications device while operating a moving motor vehicle on any highway in this state. This bill prohibits anyone operating a moving noncommercial motor vehicle, regardless of age, from these activities and from making or taking part in a phone call unless the device is equipped with technology allowing for hands-free operation or equipped for voice-recognition hands-free texting and is being used in that manner.

This bill is the same as HB 50 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Transportation

HB1290 - Prohibits the use of a hand-held wireless communications device for texting by drivers of any age

Sponsor

Rep. David Evans (R)

Summary

Currently, drivers 21 years of age or younger are prohibited from sending, reading, or writing text messages or electronic messages while operating a moving vehicle upon the highways of this state. This bill repeals the age limitation and subjects drivers of any age to the provisions of the statute.

This bill is the same as HB 896 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Transportation

HB1344 - Prohibits public bodies from entering into certain contracts

Sponsor

Rep. Ben Baker (R)

Summary

This bill shall be known as the "Anti-Disrimination Against Israel Act".

This bill is the same as HB 1006 (2019).

Last Action

04/07/2020 S - Referred to Senate Committee on Transportation, Infrastructure, and Public Safety

HB1347 - Changes the law relating to the prohibition on expenditure of public funds to support or oppose candidates and certain measures

Sponsor Rep. Ben Baker (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Elementary and Secondary Education by a vote of 7 to 6.

The following is a summary of the House Committee Substitute for HB 1347.

This bill 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.

The bill does not prohibit these individuals from making public appearances or from issuing press releases concerning any such ballot measure. The bill does allow the use of legislative liaisons by political subdivisions and special districts to communicate information to the General Assembly about their policies and procedures.

If a contribution or expenditure of public funds to any person results in the use of any part of such funds to advocate, support, or oppose any ballot measure or candidate for public office, the contribution or expenditure is in violation of these provisions.

Any resident of a political subdivision who wishes to challenge a contribution or expenditure of public funds may bring an action in any circuit court of the political subdivision in which any alleged violation occurred. The political subdivision and the officer, board member, director, administrator, employee, or agent who allegedly violated this section shall be named as party defendants. The petition shall set forth the contribution, expenditure, or contribution and expenditure at issue and the facts that gave rise to a violation and shall pray leave to produce such proof. The court shall consider the petition and evidence, hear arguments, and in its decision determine whether a violation of this section occurred. If the court decides the contribution or expenditure of public funds was a violation, then the court may award attorney fees and the political subdivision shall be subject to a civil penalty in an amount 10 times the amount of the contribution or expenditure or $1,000 whichever is greater, or if the violation involved only uses public resources, then there shall be a civil fine not to exceed $1,000 for those offenses that are committed by specified administrators or board members. A first violation of these provisions by specified non-administrative level employees will not be subject to any fine, but a subsequent offense will be punished using the previous categories. The House Committee Substitute limits complainants to either file with the Missouri Ethics Commission or to challenge in circuit court, and in an event where a court filing and an ethics complaint are filed only the first filed will proceed.

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that tax payers expect teachers and administration to do their job educating not lobbying. When education establishments use teachers to lobby they are doing so on the public dime. Supporters point out that many in private industry, military, and federal jobs may not lobby or be political.

Testifying for the bill were Representative Baker; Missouri Education Reform Council; and United For Missouri.

OPPONENTS: Those who oppose the bill say that board members are elected by the community and hire superintendents that they expect to advocate on behalf of the community, the limitations of this bill would negatively impact the ability to address educational issues. Opponents question the constitutionality and claim that additional lawsuits will arise from unnecessary lawsuits.

Testifying against the bill were Gary Grigsby, Missouri School Boards Association; Missouri National Education Association; Steven R. Carroll, St. Louis Public Schools/COOPs of Greater Kansas City School; School Administrators Coalition; Missouri State Teachers Association; and the American Federation of Teachers Missouri.

This bill is the same as HB 363 (2019).

Last Action

02/13/2020 H - Returned to committee without amendments - Elementary and Secondary Education

Sponsor

Rep. Mark Ellebracht (D)

Summary

This bill is similar to HB 1202 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Judiciary

HB1363 - Modifies provisions of sunshine laws relating to data exchanged on government-issued cell phones

Sponsor

Rep. Mark Ellebracht (D)

Summary

This bill 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.

This bill is the same as HB 386 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Judiciary

HB1366 - Modifies provision for closed meetings of governmental bodies

Sponsor

Rep. Mark Ellebracht (D)

Summary

This bill modifies the law to allow records or meetings of governmental bodies that include descriptions of discussion about security procedures, including evacuation and lock down procedures, to remain confidential and closed to the public.

This bill is the same as HB 389 (2019).

Last Action

02/04/2020 H - Reported Do Pass Committee

HB1370 - Modifies the computation of heritage value in condemnation proceedings

Sponsor Rep. Mark Ellebracht (D)

Summary

Currently, "heritage value" applies to real property that has been owned within the same family for at least 50 years, and the value is calculated to be 50% of fair market value. This bill amends the definition of "heritage value" to apply to real property that has been owned within the same family for at least 10 years. Heritage value for property that has been owned within the same family for 10 years and one day shall be 10% of fair market value. For every 10 years and one day increment thereafter, such value shall increase by 10% for each such increment.

This bill is the same as HB 396 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Judiciary

HB1372 - Modifies provisions relating to ethics

Sponsor

Rep. Mark Ellebracht (D)

Summary

This bill allows the Missouri Ethics Commission to initiate an independent investigation by the Executive Director when there are reasonable grounds to believe that a specified violation has occurred and there is a unanimous vote of the six members of the commission, with all members voting. If there are no reasonable grounds to believe a violation has occurred, then the investigation is terminated and the individual under investigation will be notified of the reasons for the disposition of the investigation.

The bill also imposes the current liquid investment requirements for candidate, campaign, and debt service committees under Sections 130.021 and 130.034, RSMo, on continuing committees and political party committees. An expired provision allowing the transfer of committee funds to trusts for the benefit of spouses or children in certain cases is also repealed.

This bill is the same as HB 515 (2019).

Last Action

05/15/2020 H - Referred to House committee on Elections and Elected Officials

HB1390 - Creates civil rights for homeless persons

Sponsor Rep. Wiley Price (D)

Summary

This bill creates the "Bill of Rights for the Homeless". A person's rights, privileges, or access to public services may not be denied because such person is homeless.

The bill defines the term "housing status" and prohibits certain forms of discrimination based upon a person's housing status. A court may award damages and other relief in a civil action alleging a violation of this provision.

This bill is the same as HB 285 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Judiciary

HB1412 - Requires attorney's fees and costs to be paid to the property owner in any condemnation proceeding

Sponsor

Rep. Sheila Solon (R)

Summary

This bill specifies that, in any condemnation proceeding, the condemning authority must reimburse the property owner for his or her actual reasonable attorney's fees and costs incurred with respect to the condemnation proceeding.

Last Action

01/16/2020 H - Referred to House Committee on Judiciary

HB1413 - Modifies provisions relating to the offense of trespass in the first degree

Sponsor

Rep. Sheila Solon (R)

Summary

A person commits the offense of trespass in the first degree if he or she knowingly or intentionally enters or refuses to leave the real property of another after having been prohibited from entering or asked to leave the real property by a law enforcement officer if the real property is vacant real property or a vacant structure. "Vacant real property" and "vacant structure" are defined in the bill.

A law enforcement officer will not be held liable for acts or omissions made in good faith under this bill.

Last Action

04/27/2020 H - Reported Do Pass Committee

HB1433 - Changes the rates of the state motor fuel tax

Sponsor

Rep. Kip Kendrick (D)

Summary

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1439 - Modifies provisions relating to when a person is charged with a moving traffic violation and fails to prepay a fine and appear in court

Sponsor

Rep. Steve Helms (R)

Summary

Currently, if a Missouri resident fails to dispose of charges or fails to appear in court, if required, for a moving traffic violation, the court is required to notify the Director of the Department of Revenue of the failure and order the director to suspend the defendant’s driving privileges if the charges are not disposed of and paid within 30 days. This bill makes it discretionary for the court to notify the department and order license suspension.

Last Action

05/15/2020 H - Referred to House Committee on Judiciary

HB1463 - Prohibits political subdivisions from adopting ordinances restricting the use of plastic bags or other disposable containers

Sponsor

Rep. Dan Shaul (R)

Summary

This bill preempts any political subdivision from imposing any restriction, tax, or prohibition upon the use of auxiliary containers including paper or plastic bags and other materials as defined in the bill. However, this bill does not apply to the use of auxiliary containers on county or city property, or any political subdivision's ordinance or agreement regarding recycling or solid waste disposal.

This bill is the same as HB 271 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB1465 - Modifies provisions of who can request certain records

Sponsor

Rep. Dan Shaul (R)

Summary

This bill allows a financial institution with a secured interest in a property that has been involved in an incident to obtain any closed records, including an incident report or other records closed by a law enforcement agency, for the purposes of the investigation of any civil claim or defense.

This bill is similar to HCS HB 968 & 902 (2019).

Last Action

05/15/2020 H - Referred to House committee on Financial Institutions

HB1467 - Modifies provisions relating to Missouri LAGERS

Sponsor

Rep. Patricia Pike (R)

Summary

This bill modifies the Missouri Local Government Employees Retirement system (LAGERS) member employer contribution elections for retirement benefit funding.

Currently, an employer can elect to cover the full cost of funding the retirement benefit of its eligible employees or require all eligible employees to contribute 4% of their gross wages to help pay for the retirement benefit.

This bill expands the available contribution options by allowing employers to additionally elect a 2% or 6% contribution rate that all eligible employees would make to help pay for the retirement benefit. The bill allows a political subdivision to elect one benefit program for members whose employment is concurrently covered by federal Social Security and a different benefit program for members whose employment is not concurrently covered by federal Social Security, as provided in Section 70.655, RSMo. The political subdivision is also allowed, by majority vote of the governing body, to make one election concerning member contributions for members concurrently covered by federal Social Security and one election concerning member contributions for members whose employment is not concurrently covered by federal Social Security. (Section 70.705).

STATE EMPLOYEE RETIREMENT SYSTEMS

Currently, if a member elected a joint & survivor benefit payment option at retirement, survivor benefits are paid out to the spouse designated, regardless of marital status of the member and spouse.

Under this bill, any member of the Missouri Department of Transportation and Highway Patrol Employees' Retirement System and the Missouri State Employees' Retirement System receiving a reduced annuity with his or her spouse as the designated beneficiary may cancel his or her election and receive a monthly benefit, with no survivor benefits, equal to the actuarial equivalent of the joint and survivor benefit payment if the marriage is dissolved on or after January 1, 2021, and the dissolution decree provides for the sole retention of the annuity and that the spouse shall not be entitled to survivor benefits. In no event shall the monthly benefit be more than the single life annuity amount entitled to the member as if his or her spouse had died on the date of the dissolution.

Additionally, a member who divorced their designated spouse before January 1, 2021, may have their annuity adjusted if the dissolution decree provided for sole retention of the retirement benefits by the member and the member obtained an amended dissolution decree after January 1, 2021. If the dissolution decree did not provide for the sole retention by the member, the member may also adjust their retirement allowance if an amended dissolution decree providing for the member's sole retention is obtained.

Any increase shall be prospective and shall be effective the first of the month following the date of receipt by the system of a certified copy of the dissolution decree (Sections 104.010, 104.090, 104.395, 104.1027).

MISSOURI STATE EMPLOYEES RETIREMENT SYSTEM

This bill allows vested members of the Missouri State Employees' Retirement System covered under the closed plan or Year 2000 plan who are no longer employees to elect to receive a lump sum payment equal to 60%, or a higher percentage chosen by the board, of the present value instead of a deferred annuity if the member is employed in a position covered by the judicial retirement plan. Any member making an election shall forfeit all creditable service, future rights in the annuity, and long- term disability benefits. If the member subsequently becomes an employee entitled to a benefit from the system, such a member shall be considered a new employee under the Missouri State Employees' Plan 2011 (Section 104.1089).

PUBLIC SCHOOL RETIREMENT SYSTEM

This bill exempts information pertaining to the salaries and benefits of the executive director and employees of the Board of the Public School Retirement System of Missouri from being confidential (Section 169.020).

Last Action

05/07/2020 H - Truly Agreed and Finally Passed - Y-145 N-1

HB1474 - Imposes certain restrictions on the use of handheld wireless communications devices by persons operating motor vehicles

Sponsor

Rep. Joe Runions (D)

Summary

This bill prohibits the use of specified electronic communication devices while driving. Exceptions for emergency vehicles, roadside assistance, emergency services contact, and operator dispatch operations are specified in the bill. Certain hands-free communications devices are allowed for individuals 18 years of age or older. A violation of the bill is punishable by a $50 fine unless it occurs in specified work or school zones in which case the fine shall be $100.

A violation is not a moving violation for purposes of point assessment, but is a serious traffic violation under the commercial driver's license rules and regulations.

The state preempts the field regulating the use of hand-held electronic wireless communication devices by the operators of motor vehicles. The provisions of this section shall supercede any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision to regulate the use of hand-held electronic wireless communicated devices by the operator of a motor vehicle.

The bill also prohibits the use of a hand-held electronic wireless communication device and a hands- free electronic wireless communication device by a person under the age of 18, or with an instruction permit or intermediate license regardless of age, while driving.

This bill is similar to HB 1531 (2020).

Last Action 05/15/2020 H - Referred to House Committee on Transportation

HB1475 - Modifies provisions relating to safety belt enforcement

Sponsor

Rep. Joe Runions (D)

Summary

This bill changes the name of the standards that must be met for safety belts in cars from the Federal National Highway, Transportation and Safety Act to the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards and Regulations.

The bill also repeals the provision that prohibits a person from being stopped, inspected, or detained solely to determine compliance with this section.

Last Action

05/15/2020 H - Referred to House Committee on Transportation

HB1476 - Modifies provisions relating to the state motor fuel tax

Sponsor

Rep. Joe Runions (D)

Summary

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1477 - Modifies provisions relating to the state motor fuel tax

Sponsor

Rep. Steve Butz (D)

Summary

The bill will increase the tax on motor fuel by 10 cents from its current level of 17 cents per gallon to 27 cents per gallon using incremental increases of two cents per gallon beginning January 1, 2021, and ending on January 1, 2025. It would also require alternative fuels to be taxed at a substantially similar rate approved by the Department of Agriculture beginning January 1, 2027.

This bill is the same as HB 822 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB1481 - Changes the laws regarding the requirements to serve or be employed as certain public safety personnel

Sponsor

Rep. Shane Roden (R)

Summary

This bill prohibits fire departments, fire protection districts, ambulance districts, and law enforcement agencies from requiring non-salaried employees to live within the fire department's geographical jurisdiction, the fire protection district, the ambulance district, or a jurisdiction more specific than the state, respectively.

Counties are prohibited from requiring attendance at a specific training academy by candidates for firefighter positions but are allowed to require a specific certification from any training academy.

Members of the board of directors of fire protection districts and ambulance districts only can receive compensation for meetings actually attended. If more than one meeting occurs on the same day, board members only can receive compensation for one meeting.

This bill is the same as HB 1642 (2018).

Last Action

01/16/2020 H - Referred to House Committee on Judiciary

HB1498 - Prohibits employers from inquiring about an employee or applicant's salary history information

Sponsor

Rep. Doug Beck (D)

Summary

This bill provides that an employer or prospective employer may not seek or inquire about salary history information from an applicant for employment.

This bill is the same as HB 328 (2019).

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB1531 - Imposes certain restrictions on the use of handheld wireless communication devices by persons operating motor vehicles

Sponsor

Rep. Greg Razer (D)

Summary

A violation is not a moving violation for purposes of point assessment, but is a serious traffic violation under the commercial driver's license rules and regulations.

This bill is similar to HB 211 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Transportation

HB1542 - Modifies provisions relating to workers' compensation law

Sponsor

Rep. Rudy Veit (R)

Summary

The Division of Workers' Compensation within the Department of Labor may give priority to and pay from the Second Injury Fund, all death benefits related to claims before January 1, 2014 and ongoing medical expenses occurring before January 1, 2014.

If a group of employers who have been granted self-insurance authority under Chapter 537, RSMO or a public sector individual employer granted self-insurance authority under Chapter 537, files for bankruptcy, and fails to pay any of its obligations that are owed to an injured employee or an injured employee's dependent or dependents, the division shall call upon the entire security posted by the group of employers or public sector individual employer.

The division may refer all known losses or cases of the group of employers or public sector individual employer to a third-party administrator or any such entity authorized in this state to administer the Workers' Compensation cases. Any unused portion of the security proceeds must be returned to the division.

Last Action

02/13/2020 H - Referred to House Committee on Judiciary

HB1604 - Modifies residency requirements for personnel of certain municipal police forces

Sponsor

Rep. Ron Hicks (R)

Summary

This bill amends the restriction that commissioned and civilian personnel who were previously employed by the Board of Police Commissioners be required, throughout their employment for the City of St. Louis, to retain a primary residence in the City of St. Louis for a total of seven years before being permitted to maintain a residence outside the City of St. Louis as long as the residence is located within a one-hour response time. This bill specifies that, commissioned and civilian personnel who are employed by a municipal police force will not be subject to a residency restriction so long as the employee's primary residence is located within a one-hour response time. The bill also specifies that no city, village, town, county, township, or board of police or of police commissioners may require current or prospective law enforcement officers to reside within any jurisdictional limit but may require such current or prospective officers to reside within a one-hour response time. These provisions will not apply to the Missouri Highway Patrol.

Additionally, all St. Louis City employees will not be required to reside within city limits.

Last Action

04/07/2020 S - Referred to Senate Committee on Local Government and Elections

HB1608 - Enacts provisions relating to the use of public funds for lobbying activities

Sponsor

Rep. Mary Elizabeth Coleman (R) Summary

This bill prohibits state agency or department employees from engaging in any activity requirement registration as a legislative lobbyist. However, legislative liaisons will not be considered legislative lobbyists and will be exempt from registration requirements.

An employee of a state agency may provide personal opinions and testify at committee hearings so long as they are not compensated in any manner for doing so and do not engage in such practices during work hours.

The bill specifies that political activities of elected statewide officials, members of the General Assembly, Judicial Branch, public union members acting on behalf of the union, and the staff and employees of elected officials and judges are not included in these restrictions.

The bill also creates a class B misdemeanor offense for the unauthorized contribution of public funds to support or oppose ballot measures or candidates or to hire legislative lobbyists or provide anything of value to a person required to register as a legislative lobbyist.

This bill is similar to HB 2170 (2018).

Last Action

05/15/2020 H - Referred to House committee on Elections and Elected Officials

HB1621 - Prohibits certain cities in St. Louis County from imposing a fee for a false alarm to which the police department responds if it is the alarm user's first false alarm in a twelve-month period

Sponsor

Rep. Alan Gray (D)

Summary

This bill 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.

This bill is the same as HB 412 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB1626 - Modifies the penalties permitted for certain traffic and traffic-related offenses

Sponsor

Rep. Alan Gray (D)

Summary

This bill 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 of any ordinance of any political subdivision of this state.

If a person is not indigent, the court of jurisdiction may offer community service in lieu of a fine for such an offense. However, the defendant must be responsible for paying all court costs, fees, and expenses. Once a defendant is sentenced to perform community service in lieu of paying a fine under these provisions, he or she will be ineligible for a community service sentence for future traffic offenses within the same jurisdiction within the 12-month period following the date of the offense for which community service was ordered (Section 304.825, RSMo).

This bill specifies that an individual must not be assessed any additional penalty and an arrest warrant must not be issued if the individual fails to appear in municipal court for any traffic or ordinance violation if the failure to appear occurs once in a 12- month period in the same jurisdiction following the date of the traffic or ordinance violation. If the individual fails to appear two or more times in a 12- month period for a traffic ordinance violation, the municipal court may assess additional penalties, but is prohibited from issuing an arrest warrant. The court may use a collection agency to collect any money owed by the individual (Section 479.012).

This bill is the same as HB 415 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Transportation

HB1633 - Prohibits the use of hand-held wireless communication devices by drivers of any age

Sponsor

Rep. Jeff Porter (R)

Summary

This bill is the same as HB 896 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Transportation

HB1657 - Changes the laws regarding public nuisances

Sponsor

Rep. Raychel Proudie (D)

Summary

This bill 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.

This bill is similar to HB 969 (2019).

Last Action

03/10/2020 H - Referred to House Committee on Rules-Administrative Oversight

HB1710 - Modifies provisions relating to taxation of property

Sponsor

Rep. John Eggleston (R)

Summary

This bill modifies several provision relating to taxation of property.

ASSESSOR OF ST. LOUIS CITY

This bill repeals an exemption that allows the assessor of St. Louis City to not be a resident of St. Louis City. Additionally, this bill requires the assessor to be elected (Sections 53.010 and 82.550, RSMo).

BURDEN OF PROOF AT ANY HEARING OR APPEAL OF THE ASSESSMENT

The bill makes it so the burden of proof, supported by clear, convincing evidence to sustain such valuation, will be on the assessor at any hearing or appeal of the valuation of residential real property in any first class county, charter county, or the City of St. Louis (Sections 137.115 and 138.060)

LIMITATION ON INCREASES TO THE VALUES OF REAL PROPERTY

Currently, before any assessor may increase the value of residential real property more than 15% since the last assessment, the assessor must conduct a physical assessment of the property. This bill changes the increase to 10%, as defined in the bill. Additionally, the assessor may not increase the value of any real property by more than 10% from the most recent assessed valuation unless the increase is due to new construction or improvements (Section 137.115).

APPEALS TO THE BOARD OF EQUALIZATION IN FIRST CLASS COUNTIES

This bill changes the deadline to appeal valuation of property to the board of equalization in first class counties from the third Monday in June to the second Monday in July (Section 137.385).

Last Action

05/08/2020 S - Hearing Conducted

HB1722 - Allows concealed carrying of firearms on public transportation systems and transporting nonfunctional or unloaded firearms on public buses

Sponsor

Rep. Adam Schnelting (R)

Summary

Currently, it is a crime to board a bus with a dangerous or deadly weapon or carry such a weapon in a terminal. Weapons may not be carried in any facility or on any conveyance used for a public transportation system of the Bi-State Development Agency.

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 nonfunctioning state by bus if ammunition is not available. This bill does not apply to property of Amtrak or any partnership in which Amtrak engages.

This bill is similar to HB 643 (2019).

Last Action

03/11/2020 H - Superseded by HB1901

HB1730 - Changes the law regarding tobacco products by raising the required age to purchase and possession from eighteen to twenty-one

Sponsor

Rep. Dan Shaul (R)

Summary

This bill changes the age of a minor for purposes of tobacco sales and possession from 18 to 21 years of age. A person cannot sell tobacco products, including vaping products, to a person who is under 21 and a person who is under 21 years of age cannot purchase or possess tobacco products, including vaping products.

The bill preempts the field of regulating the sale of tobacco products and state statute supercedes any local laws or ordinances, except for local taxes on the sale of tobacco products.

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB1752 - Modifies provisions relating to working animals

Sponsor

Rep. Bryan Spencer (R)

Summary

This bill specifies that no law, ordinance, or rule may be enacted by any village, town, city or county to terminate, ban, or effectively ban, by creating an undue financial hardship, the job of working animals or animal enterprise. These provisions do not alter state or federal laws that regulate animal care, public health, and safety. The provisions of this bill do not prevent the establishment of or alter any village, town, city or county or law, ordinance, or rule regarding animal care, public health, traffic regulations, or public safety unless it is in violation of the provisions of the bill.

This bill is similar to SCS HB 559 (2019).

Last Action

04/07/2020 S - Referred to Senate Committee on Agriculture, Food Production, and Outdoor Resources

HB1754 - Enacts provisions relating to traffic enforcement

Sponsor

Rep. Bryan Spencer (R)

Summary

This bill prohibits the use of automated traffic enforcement systems to establish evidence a motor vehicle or its operator has committed a traffic-related offense, or to impose or collect any civil or criminal fine, fee, or penalty for such offense. As specified in the bill, the term "automated traffic enforcement system" does not include systems or devices that would qualify as a "mobile video recorder" under the Sunshine Law.

State agencies and political subdivisions with automated traffic enforcement installation or maintenance contracts existing on the effective date of this bill are required to complete or terminate the contracts within one year, and thereafter must comply with the other provisions.

Notwithstanding any provision of law to the contrary, no state agency or political subdivision shall be exempt from the provisions of this bill, except by explicit reference in state law to, or modification of, the provisions of the bill.

The provisions of this bill do not apply to data and information recorded at weigh stations managed by the Department of Transportation or the Highway Patrol.

This bill is the same as SB 709 (2020).

Last Action

05/15/2020 H - Referred to House Committee on Transportation

HB1760 - Requires certain public officials to vote in meetings and not electronically or by proxy

Sponsor

Rep. Bryan Spencer (R)

Summary

This bill requires public officials from special districts or political subdivisions, where the district or political subdivision has 10,000 or more individuals, to be physically present when casting a vote. Electronic voting of any kind is not allowed in such cases.

Last Action

01/29/2020 H - Public hearing completed

HB1761 - Modifies provisions relating to elections

Sponsor

Rep. Peggy McGaugh (R)

Summary

This bill allows qualified voters to vote in person by absentee ballot without providing a reason. Voting by mail using absentee ballots will continue to require a reason specified under Section 115.277, RSMo.

The bill also increases the distance requirement for certain electioneering activities at polling places from 25 feet to 100 feet.

Last Action

03/11/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB1764 - Modifies requirements for written offers in condemnation proceedings

Sponsor

Rep. Kathy Swan (R)

Summary

Currently, a condemning authority must, at the time of an offer, provide the property owner with an appraisal or an explanation with supporting financial data for its determination of value for purposes of the offer.

This bill clarifies that the condemning authority is required to provide an explanation with supporting financial data for its determination of value for purposes of the offer only when the offer is not based on an appraisal.

The offer must provide the property owner with a concise and understandable disclosure statement describing the effects of the project on the property, which must include certain information as set out in the bill.

If a condemning authority's offer fails to comply with the procedural requirements or is presented prior to notice of intended acquisition, it will be deemed a nonconforming offer. What is considered an offer and a nonconforming offer are described in the bill.

The lack of a nonconforming offer for up to two years prior to the filing of the condemnation petition is a factor in determining whether a condemning authority engaged in good faith negotiations.

This bill is the same as HB 228 (2019).

Last Action

01/16/2020 H - Referred to House Committee on Judiciary

HB1777 - Modifies provisions for expenditure of public funds on printed matter

Sponsor

Rep. Tony Lovasco (R)

Summary

This bill requires the Secretary of State (SOS) 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 agency or 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.

Publications in compliance with federal election laws and the full text of proposed ballot measures may be printed as specified in the bill.

Last Action 03/04/2020 H - Public hearing completed

HB1799 - Establishes the "Right to Due Process Act"

Sponsor

Rep. Mike Moon (R)

Summary

This bill designates Section 1.205, RSMo as the "Right to Due Process Act". The bill states that the life of each human being begins at fertilization; repeals current statutory provisions acknowledging the preemption of state law by the Constitution of the United States and decisions of the United States Supreme Court; and requires law enforcement officers, officers of the court, and any licensed or state regulated entity in Missouri to affirmatively enforce Article I, Section 10 of the Constitution of Missouri, which specifies that no person must be deprived of life, liberty, or property without due process of law. The bill changes the terms and any reference to "unborn child" and "unborn children" to "child in a women's womb" and "children in a women's womb".

This bill is similar to HB 671 (2019).

Last Action

05/15/2020 H - Referred to House committee on Children and Families

HB1810 - Authorizes a city or county to proclaim the United States flag be flown at half-staff upon the death of certain persons

Sponsor

Rep. Bryan Spencer (R)

Summary

This bill authorizes the chief executive officer of a city or county to proclaim that the United States Flag be flown at halfstaff upon the death of certain persons specified in the bill.

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB1819 - Changes the law regarding court reporters

Sponsor

Rep. David Wood (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Local Government by a vote of 12 to 0.

The following is a summary of the House Committee Substitute for HB 1819.

This bill authorizes the Board of Adjustment to keep records of all testimony, objections thereto, and rulings thereon taken by a certified court reporter, a certified electronic recorder with basic knowledge of court proceedings and terminology who may use any form of audiotape, videotape, or digital recording, or an officer of the court as provided by Supreme Court Rule 57.

Currently, all such records must be taken down by a reporter employed by the board for that purpose, but who is not required to be certified.

Beginning January 1, 2021, each court reporter for a circuit judge with a minimum of 6 years of service shall receive stepped raises based upon his or her years of service as specified in the bill.

This bill is similar to HB 623 (2019).

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that this is a cost-saving measure that has been adopted by other similar offices, boards, and commissions. It is an option, not a requirement.

Testifying for the bill were Representative Wood; Charles R. Pryor, City of Versailles; and Missouri Municipal League.

OPPONENTS: There was no opposition voiced to the committee.

Last Action

02/26/2020 H - Reported Do Pass Committee

HB1832 - Requires the department of public safety to commission a study on gun violence in the state of Missouri

Sponsor

Rep. Alan Green (D)

Summary

This bill requires the Department of Public Safety to commission a study on gun violence in Missouri and appoint a committee to oversee and review the results of the study.

This bill is the same as HB 90 (2019).

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB1840 - Creates a tort cause of action for injuries that result from harassment in the workplace

Sponsor

Rep. Alan Green (D)

Summary

This bill specifies that any person who is a victim of workplace harassment and who suffers a significant and medically diagnosed physical or psychological injury or illness as a result of the offender’s conduct is entitled to bring a civil cause to recover the actual damages sustained as a result of the offender’s conduct and reasonable fees for attorneys and expert witnesses. In order to bring a civil action, the harassment must have occurred on or after August 28, 2020, and the civil action must be commenced within three years of the last date of the harassment. In order for a claim for workplace harassment to be successful, the victim and the offender must have the same place of employment, the actions giving rise to the claim must have occurred at the place of employment, and the offender’s conduct must meet certain specified criteria.

This bill is the same as HB 89 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Judiciary

HB1854 - Modifies provisions relating to political subdivisions

Sponsor

Rep. Donna Pfautsch (R)

Summary

AUDITS OF COUNTY OFFICES (Section 29.230, RSMo)

Under current law, the State Auditor is permitted to conduct performance audits when performing an audit of a county office. This act prohibits the State Auditor from conducting a performance audit when conducting an audit in a third class county not initiated pursuant to a petition if:

(1) The county commission has adopted a resolution electing not to be subject to such an audit; and

(2) The county has undergone an audit by a certified public accountant within the preceding two years.

The county commission is required to send the resolution and audit report to the State Auditor.

POLITICAL RESTRICTIONS FOR CERTAIN STATE EMPLOYEES (Section 36.155)

Under current law, any individual holding a position of state employment that is subject to the State Personnel Law is also subject to various restrictions on participating in political activities, including running for partisan political office. This act provides that any state employee that is not subject to the Merit System (Section 36.030) or the Uniform Classification and Pay System (Section 36.031) may run for the nomination, or as a candidate for election, to a partisan political office.

This provision contains an emergency clause.

MISSOURI LOCAL GOVERNMENT EXPENDITURE DATABASE (Section 37.1090 through Section 37.1098)

This bill establishes the "Missouri Local Government Expenditure Database". The database shall be available free of charge on the Office of Administration's website and shall include information about expenditures made during each fiscal year that begins after December 31, 2022.

The database shall include the following information: the amount of the expenditure; the date the expenditure was paid; the vendor to whom the expenditure was paid, unless such information is confidential; the purpose of the expenditure; and the municipality or county that made or requested the expenditure.

A municipality or county may choose to voluntarily participate in the database. Each municipality or county participating in the database shall provide electronically transmitted information to the Office of Administration biannually as provided in the act.

Additionally, if 5% of the registered voters in a municipality or county request to participate, the municipality or county shall participate in the database. Residents may request participation by submitting a written letter by certified mail to the governing body of the municipality or county and the Office of Administration. After receiving the requisite number of requests, a municipality or county shall begin participating in the database, but is not required to report expenditures incurred before one complete 6 month reporting period.

The Office of Administration shall provide financial reimbursement to any participating municipality or county for actual expenditures incurred from participation in the database.

COUNTY REGULATION OF COUNTY PROPERTY (Section 49.266)

Currently, the county commissions in all non-charter counties are authorized to promulgate regulations concerning the use of county property. This bill authorizes the county commission in all first, second, third, and fourth classification counties to promulgate such regulations.

Additionally, please note that Section 49.266 appears twice in this bill because it is doubly-enacted due to the Cole County Circuit Court decision in Calzone v. Koster, et al. (2016). This bill repeals the version enacted by SB 672 (2014) and amends the version in effect prior to SB 672 (2014).

WARRANTS FILED BY COUNTY CLERKS (Section 50.166)

Under current law, a county clerk may transmit in the form of a warrant the amount due for a grant, salary, pay, and expenses to the county treasurer.

This bill provides that, upon request, the county treasurer shall have access to any financially relevant document in the possession of any county official for the purposes of processing a warrant. If the warrant is received in the absence of a check, then the county treasurer shall have access to the information necessary to process the warrant.

Additionally, no official of any county shall refuse a request from the county treasurer for access to or a copy of any document in the possession of a county office that is financially relevant to the salaries of county officers and assistants. No county treasurer shall refuse to release funds for the payment of any properly approved expenditure.

2ND CLASS COUNTY CORONER SALARIES (Section 50.327)

Under current law, the compensation for non-charter county coroners is based on salary schedules established by law.

This bill provides that, upon majority approval of the salary commission, the annual compensation of a non-charter county coroner of any county of the second classification may be increased up to $14,000 greater than the compensation provided by the salary schedule established by law.

COUNTY REVENUE VIOLATIONS (Section 54.140) Page 25 of 95

Under current law, any county treasurer or other county officer who fails or refuses to perform duties required of him or her under the law is guilty of a misdemeanor, shall be punished by a fine and, in addition to such punishment, his or her office shall become vacant.

This bill repeals the provision that a county treasurer's or other county officer's office shall become vacant upon violation.

CANDIDATES FOR COUNTY RECORDER (Sections 59.021 & 59.100)

This bill provides that each candidate for county recorder shall provide an affidavit to the election authority that indicates the candidate is able to satisfy the bond requirements under the law.

A recorder elected before January 1, 2021, shall have bond of no less than $1,000. A recorder elected after December 31, 2020, shall have a bond no less than $5,000.

BOONE COUNTY PROPERTY MAINTENANCE AND NUISANCE CODES (Section 64.207)

This bill authorizes Boone County to adopt property maintenance regulations and ordinances as provided in the bill. The unavailability of a utility service due to nonpayment is not a violation of the property maintenance code.

Under this bill, the property maintenance code must require the county commission to create a process for selecting a designated officer to respond to written complaints of the condition of a rented residence that threaten the health or safety of the tenants. When a written complaint is filed, the owner of any rental residence must be served with a notice specifying the condition alleged in the complaint and state a reasonable date by which abatement of the condition must commence. If work to abate the condition does not commence as determined by the designated officer, the complaint shall be given a hearing before the county commission. If the county commission finds that the rented residence has a dangerous condition that is harmful to the health, safety, or welfare of the tenant, the county commission shall issue an order that the condition be abated. If the owner violates an order issued by the county commission the owner may be punished by a penalty, which shall not exceed a Class C misdemeanor.

COUNTY PLANNING COMMISSION MEETING EXPENSES(Section 64.805)

Currently, members of the county planning commission may be reimbursed for meeting expenses up to $25 per meeting. This bill increases the reimbursement amount to $35.

CAPITAL IMPROVEMENT SALES TAX (Sections 67.730 & 94.838))

This bill makes technical corrections to provisions of law authorizing Clay and Platte counties to propose a capital improvement sales tax.

Current law authorizes the City of Lamar Heights to levy a sales tax of up to 2% on retail sales of food at cafes, cafeterias, lunchrooms, or restaurants for the purpose of funding the construction, maintenance, and operation of capital improvements. This bill allows such sales tax to be levied at a rate not to exceed 6% and allows the revenues to be used for general revenue purposes.

CERTAIN TAXING DISTRICTS (Section 67.1545, 238.207, 238.235, & 238.237)

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 withing the district. This bill requires such sales taxes to be approved by a majority of the voters of the municipality in which the district is located. Additionally, current law authorizes TDDs to charge and collect tolls or fees for the use of a project if approved by a majority of voters within the district. This bill requires such tolls or fees to be approved by a majority of voters within the municipality in which the TDD is located.

EARLY CHILDHOOD SALES TAX (Section 67.1790)

This bill allows Greene County and any city within the county to impose a sales tax, upon approval of a majority of the voters, not to exceed one-fourth of one percent for the purpose of funding early childhood education in the county or city.

APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS IN FOURTH CLASS CITIES (Section 79.235)

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.

If the board to which a person is appointed is for the purpose of managing a city's municipal utilities, then any requirement that the appointed person be a resident of the city shall be satisfied if the following conditions are met:

(1) The board has no authority to set utility rates or to issue bonds;

(2) The person resides within a 5-mile radius of the city limits;

(3) The person owns real property or a business in the city;

(4) The person or the person's business is a customer of the public utility that is owned and operated by the city; and

(5) The person has no pecuniary interest in, or is not a member of, any other utility of the type managed by the board.

TRANSIENT GUEST TAXES (Sections 67.1011, 67.1360, 94.842, & 94.1014)

This bill authorizes the City of Butler to submit to the voters a transient guest tax not to exceed 6% of the charges per occupied room per night. The vote shall occur on a general election day not earlier than the 2022 general election.

This bill adds the City of Cameron to the list of cities authorized to propose a transient guest tax for the promotion of tourism.

This bill authorizes the City of Springfield to submit to the voters a transient guest tax not to exceed 7.5% of the charges per occupied room per night. Such tax shall be used solely for capital investments that can be demonstrated to increase the number of overnight visitors.

This bill authorizes the City of Ashland to submit to the voters a transient guest tax not to exceed 5% of the charges per occupied room per night. Such tax shall be used for the promotion of tourism, growth of the region, economic development, and public safety, as described in the bill.

PUBLIC SAFETY SALES TAXES (Sections 94.900 and 94.902)

This bill adds the cities of Clinton, Lincoln, Branson West, Cole Camp, Hallsville, Kearney, Smithville, and Claycomo to the list of cities and villages authorized to levy a sales tax upon voter approval for the purposes of improving public safety.

FINANCIAL REPORTS OF POLITICAL SUBDIVISIONS (Section 105.145)

Under current law, any transportation development district having gross revenues of less than $5,000 in a fiscal year for which an annual financial statement was not timely filed to the State Auditor is not subject to a fine.

This bill provides that any political subdivision that has gross revenues of less than $5,000 or that has not levied or collected sales or use taxes in the fiscal year for which the annual financial statement was not timely filed shall not be subject to a fine.

Additionally, if failure to timely submit the annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the failure shall not be subject to a fine if the statement is filed within 30 days of discovery of the fraud or illegal conduct.

If the political subdivision has an outstanding balance or fines at the time it files its first annual financial statement after January 1, 2021, the Director of Revenue shall make a one-time downward adjustment to such outstanding balance in an amount that reduces the outstanding balance by 90%. If the Director of Revenue determines a fine is uncollectible, the Director shall have the authority to make a one-time downward adjustment to any outstanding penalty.

The Director of Revenue shall initiate the process to disincorporate a political subdivision if such political subdivision has an outstanding balance for fines or penalties and fails to file an annual financial statement as provided in the bill. A resident of a political subdivision may file an affidavit with the Director of Revenue with information regarding the political subdivision's failure to report.

The question of whether a political subdivision may be subject to disincorporation shall be submitted to the voters of the political subdivision as provided in the bill. Upon the affirmative vote of a majority of voters in the political subdivision, the Director of Revenue shall file an action to disincorporate the political subdivision in the circuit court with jurisdiction over the political subdivision. The circuit court shall enforce such orders and carry out remedies as provided in the bill. Additionally, the Attorney General shall have the authority to file an action in a court of competent jurisdiction against any political subdivision that fails to comply with this bill.

FILING PERIOD FOR CANDIDATES IN POLITICAL SUBDIVISIONS (Section 115.127)

Under current law, the period for filing a declaration of candidacy in certain political subdivisions and special districts is from 8:00 a.m. on the 16th Tuesday prior to the election until 5:00 p.m. on the 11th Tuesday prior to the election.

This bill changes that period to 8:00 a.m. on the 17th Tuesday prior to the election until 5:00 p.m. on the 14th Tuesday prior to the election.

SENATORIAL DISTRICT POLITICAL PARTY COMMITTEES (Section 115.621)

Under current law, the members of each senatorial district political party committee are required to meet on the Saturday after each general election for the purpose of electing members to the state political party committee. In lieu of that requirement, this bill permits the chair of the congressional district committee where the senatorial district is principally located to call for a meeting to be held concurrently with the election of senatorial officers.

USE OF PUBLIC FUNDS IN ELECTIONS (Section 115.646)

This bill prohibits the contribution or expenditure of public funds by any school district or by any officer, employee, or agent of any school district to:

(1) Support or oppose the nomination or election of any candidate for public office;

(2) Support or oppose the passage or defeat of any ballot measure;

(3) Any committee supporting or opposing candidates or ballot measures; or

(4) For paying debts or obligations of any candidate or committee previously incurred for the above purposes.

Any purposeful violation of this bill is punishable as a class four election offense.

PROPERTY TAX ASSESSMENT NOTIFICATIONS (Section 137.180)

For property tax assessments, current law provides that assessors shall notify property owners of an increase in the property owner's assessed valuation by June 15. This bill requires such notifications in St. Louis County to include information regarding the assessment method and computation of value for such property and, for properties valued using sales of comparable properties, a list of such comparable properties and the address or location and purchase prices from sales thereof that the assessor used in determining the assessed valuation of the owner's property.

PROPERTY TAX APPEALS ATTORNEY FEES (Section 138.434)

Current law allows certain counties and St. Louis City to reimburse taxpayers who successfully appeal a property tax assessment to the State Tax Commission for appraisal costs, attorney fees, and court costs, with such reimbursements limited to $1,000 for residential appeals and the lesser of $4,000 or 25% of the tax savings resulting from the appeal for other non-residential appeals. Beginning January 1, 2021, this bill increases such limits for St. Louis County to $6,000 for residential appeals and the lesser of $10,000 or 25% of the tax savings resulting from the appeal for other non-residential appeals.

TAXATION OF PARTNERSHIPS (Section 143.425)

This bill requires taxpayers in a partnership to report and pay any tax due as a result of federal adjustments from an audit or other action taken by the IRS or reported by the taxpayer on an amended federal income tax return. Such report shall be made to the Department of Revenue on forms prescribed by the Department, and payments of additional tax due shall be made no later than 180 days after the final determination date of the IRS action, as defined in the bill.

Partners shall be prohibited from applying any deduction or credit on any amount determined to be owed under this bill.

The Department shall assess additional tax, interest, and penalties due as a result of federal adjustments under this bill no later than three years after the return was filed, as provided in current law, or one year following the filing of the federal adjustments report under this bill. For taxpayers who fail to timely file the federal adjustments report as provided under this bill, the Department shall assess additional tax, interest, and penalties either by three years after the return was filed, one year following the filing of the federal adjustments report, or six years after the final determination date, whichever is later.

BALLOT LANGUAGE RELATING TO LOCAL USE TAX (Section 144.757)

DISSOLUTION OF CERTAIN COUNTY HOSPITAL DISTRICTS (Section 205.202)

This bill provides that, upon the dissolution of a county hospital district in Ripley County levying a sales tax for the purpose of funding the district, the sales tax shall be automatically repealed and 25% of the funds remaining in the special trust fund shall be distributed to the county public health center and 75% shall be distributed to a federally qualified health center located in the county.

FIRE PROTECTION DISTRICT DIRECTOR (Section 321.015)

Currently, a person cannot hold any lucrative office or employment under this state or a political subdivision and hold the office of fire protection district director. This bill creates an exception to this prohibition for employees of law enforcement agencies.

ATTENDANCE FEES FOR BOARD MEMBERS (Section 321.190 & 321.603)

This bill further modifies the attendance fee for a board member attending a board meeting from $100 to $150 for board members of districts in both non-charter and charter counties.

This bill also repeals provisions that prohibit a member from being paid more than one attendance fee if such member attended multiple meetings in certain time periods and, in its place, authorizes board members to be paid for attending not more than one meeting per calendar week.

BOUNDARIES OF FIRE PROTECTION DISTRICTS (Section 321.300)

Under this bill, if one or more fire protection districts serve any portion of a city with a charter form of government located in a county with a charter form of government with a population of 900,000 or more inhabitants which has a municipal fire department, the boundaries of either district may be expanded so as to include areas within the city into the boundaries of the fire protection district, but shall not expand beyond the city limits of such city as it existed on July 1, 2020.

Such a change in the district boundaries shall be accomplished if the governing body of the city files with the board of any such fire protection district a written consent for the board to seek approval of the circuit court for an extension of the district's boundaries to the registered voters of the area.

If a majority of the voters voting on the proposition vote in favor of the extension of the boundaries of the district, then the court shall enter an order declaring the extension of the boundaries of the fire district to be final and conclusive.

FIRE PROTECTION SALES TAXES (Section 321.552)

Current law authorizes ambulance and fire protection districts in certain counties to propose a sales tax at a rate of up to 0.5%. This bill allows such districts to propose a sales tax of up to 1.0%.

CIVIL ACTIONS BROUGHT BY INMATES IN COUNTY JAILS (Section 506.384)

Currently, offenders under supervision or in the custody of the Department of Corrections may not bring a civil action against the Department unless all administrative remedies are exhausted. This bill also prevents inmates or detainees in county jails from bringing a civil action until all administrative remedies are exhausted.

RECORDS OF MUNICIPALLY OWNED UTILITIES (Section 610.021)

This bill adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law. A municipally owned utility shall make available to the public the customer's name, billing address, location of service, and dates of service provided for any commercial service account.

MISSOURI WORKS PROGRAM (Section 620.2005 & 620.2010)

This bill modifies the Missouri Works program to provided that, for qualified military projects, the benefit shall be based on part- time and full-time jobs created by the project.

Last Action

05/15/2020 H - Truly Agreed and Finally Passed

HB1857 - Establishes the "Firearm Violence Prevention Act"

Sponsor

Rep. Greg Razer (D)

Summary

The bill allows a family or household member or a law enforcement officer to petition the court for an extreme risk protection order (ERPO). A warrant may be issued to search and seize a firearm from a person subject to an ERPO if there is probable cause that the person possesses a firearm.

A family member of the person subject to the protection order may request a temporary ERPO without notice to the person by including relevant evidence in the petition. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. If the court finds that the respondent is a significant risk of causing personal injury to his or herself or others by having a firearm, the court must issue a temporary ERPO. The court must then schedule a hearing within 7 days of the issuance of the temporary order to determine if an 182 day ERPO should be issued.

The ERPO must include a statement of the ground for the order, the date and time the order is issued and expires, and the requirements for the surrender of firearms.

Upon issuance of the ERPO, the respondent shall surrender all of his or her firearms and his or her concealed carry permit if the respondent has one. The respondent may surrender his or her firearms either to a law enforcement agency or a federally licensed firearms dealer. If a person other than the respondent claims title to any firearms surrendered to law enforcement, the firearm shall be returned to him or her.

The bill also requires the State Court Administrator to develop and prepare standard petitions and ERPO forms.

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB1864 - Prohibits employers from discriminating in providing compensation based on gender for the same work

Sponsor

Rep. Judy Morgan (D)

Summary

This bill prohibits an employer from discriminating based on gender in providing compensation for the same work performed under similar working conditions. Wage disparities are not prohibited if based on bona fide factors other than gender. This bill prohibits employers from taking any adverse action against an employee who utilizes the protections of this bill and prohibits an employer from reducing wages to comply with the provisions of this bill. This bill allows recovery of actual and compensatory damages, not to exceed twice the wages awarded, for any unlawful gender-based compensation practice. An employer who shows deliberate patterns of violations of the provisions of this bill may be ordered to pay punitive damages. This bill further allows any employee who prevails in a civil action brought under the provisions of this bill to recover reasonable attorney fees. Any action brought under the sections of this bill must be commenced within two years after the alleged violation.

This bill is the same as HB 145 (2019).

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB1877 - Modifies provisions for eminent domain for utility purposes

Sponsor

Rep. Jim Hansen (R)

Summary

This bill specifies the owner of a transmission line of 200 kilovolts or higher does not have the power of eminent domain unless the line includes electric substations constructed at intervals of less than 50 miles that are necessary to accommodate both the purchase and sale of electricity within the state and elsewhere and the owner of the line has been directed or designated to construct the line by a regional transmission organization by the Federal Energy Regulatory Commission.

This bill is similar to HB 1062 (2019).

Last Action

05/16/2020 H - Referred to House Committee on Utilities

HB1889 - Establishes the "Law Enforcement Officers' Bill of Rights"

Sponsor

Rep. Nick Schroer (R)

Summary

This bill establishes the "Law Enforcement Officers' Bill of Rights".

The bill defines a "law enforcement officer" as any sworn peace officer, except an elected sheriff or deputy, who possesses the duty and power of arrest for violations of the criminal laws of this state or for violations of ordinances of counties or municipalities of this state. These provisions do not apply to an officer serving in a probationary period or the highest ranking officer of any law enforcement agency.

The bill 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.

This bill provides that any law enforcement officer who is suspended without pay, demoted, terminated, transferred, or placed on a status resulting in economic loss is entitled to a full due process hearing. The hearing requirements are specified in the bill.

This bill is the same as HB 928 (2019).

Last Action

03/05/2020 H - Referred to House committee on Crime Prevention and Public Safety

HB1891 - Adds provisions relating to statewide mechanical contractor licenses Sponsor

Rep. Nick Schroer (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Professional Registration and Licensing by a vote of 10 to 2.

The following is a summary of the House Committee Substitute for HCS HB 1891.

This bill shall be known as the "Missouri Statewide Mechanical Contractor Licensing Act".

This bill creates a statewide mechanical contractor license which shall be issued and regulated by the Division of Professional Registration.

The bill creates the "Office of Mechanical Contractors" within the division, to carry out the provisions of licensure.

Applicants for a statewide mechanical license must meet certain criteria. A corporation, firm, institution, organization, company, or representative seeking to engage in mechanical contracting, is required to employ at least one license holder. A statewide licensed mechanical contractor may represent only one entity at a time.

A mechanical contractor shall have one license-holder responsible for offering field employees eight contact hours of industry training each year, and mechanical contractors shall be responsible for providing proof of such training to the division upon request.

In the event of a loss of a license holder, a mechanical contractor shall remain in good standing with the division for six months after notifying the division of such change. Within the six month period, a new license holder shall be registered with the division. If no license holder is registered within such six month period, the division shall declare the mechanical contractor inactive.

Political subdivisions may establish their own local mechanical contractor's license, but must recognize a statewide license in lieu of a local license for the purposes of performing contracting work or obtaining permits to perform work within such political subdivision. No political subdivision may require the employees of a statewide licensed mechanical contractor or its subcontractors or manufacturers' representatives to obtain journeymen licenses, apprenticeship licenses, or occupational licenses that require passing any examination or any special requirements to assess proficiency.

If a political subdivision does not recognize a statewide license in lieu of a local license, a statewide mechanical contractor licensee may file a complaint with the division, which may investigate such complaint. If the division finds that the political subdivision failed to recognize a statewide license, the division shall notify the political subdivision of such violation and grant them 30 days to comply. If after 30 days the political subdivision does not comply, the division shall notify the Director of the Department of Revenue, who shall withhold any moneys the political subdivision would otherwise be entitled to from local sales tax until the political subdivision is in compliance.

The bill establishes the "Missouri Mechanical Contractor Licensing Fund" in the State Treasury, which shall be expended for the administration of the provisions of the bill.

Mechanical contractor licenses shall expire on a renewal date established by the division. The division shall, prior to the renewal date, mail a renewal notice to the last known address of each person licensed as a mechanical contractor. Failure to provide the division with the information required for renewal or to pay the required fee shall result in the license being declared inactive. The license shall remain inactive until the licensee applies for reinstatement and pays the required fees, so long as the application for reinstatement is received within two years of the renewal date.

Any person operating as a mechanical contractor in a political subdivision shall not be required to possess a statewide license to operate as a mechanical contractor in such political subdivision.

The division may refuse to issue any certificate of registration or license, and may cause a complaint to be filed with the Administrative Hearing Commission against any holder of a certificate of registration or license. Upon a finding by the Administrative Hearing Commission that grounds for disciplinary action are met, the division may censure or place such a person on probation for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke any license. Upon a judicial or administrative finding of a violation of the bill, the division may assess fines up to $5,000.

Any person who knowingly violates the provisions of the bill is guilty of a class B misdemeanor.

This bill is the same as SB 559 (2020), and similar to SB 376 , HCS HB 326, SCS HB 705 (2019), and HB 2673 (2018).

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that current mechanical contractor requirements vary from one city or municipality to the next. Individuals are required to get multiple licenses which takes time and money. The current system eliminates competition and raises the prices for consumers. This license is not required, it just helps to remove some of the barriers for those working in the industry.

Testifying for the bill were Representative Schroer; Robert Hoffman, Hoffman Brothers Heating; Mark Jackson, All Air Systems Heating And Cooling; Jeff Aboussie, City of St. Louis; Heather Coil, Associated Builders And Contractors; Tyler Menes, Kirkwood Heating And Air Conditioning; Mike Keeven, Keeven Heating And Cooling; Kellie Jones, Gateway Air Conditioning Contractors; and Brian Agers, Agers Heating And Cooling.

OPPONENTS: Those who oppose the bill say that every individual working in the field should be required to have a license, not just one person for each company. Opponents say that the issue of license reciprocity has already been addressed. This bill removes the rights of individual counties to license in the manner that best protects the citizens of that county.

Testifying against the bill were Brian Rogers, International Association of Plumbing and Mechanical Officials; Missouri Association of Plumbing, Heating, And Cooling Contractors/SMACNA/Plumbing Industry Council; St. Louis Sheet Metal, Air Conditioning Contractors, Plumbing Industry Council; and Kyle Tibbs, Sheet Metal And Air Conditioning Contractors National Association.

OTHERS: Others testifying on the bill say that this legislation is redundant.

Testifying on the bill was St Louis County.

Last Action

03/04/2020 H - Reported Do Pass Committee

HB1901 - Changes the law regarding firearms

Sponsor

Rep. Ron Hicks (R)

Summary

This bill allows concealed carry permit holders to lawfully carry firearms on public transportation. "Public transportation system" is defined in the bill. In addition, this bill exempts persons transporting non-functioning or unloaded firearms on buses from the crimes prohibiting the possession of weapons on buses.

This bill is similar to SB 700 and HB 641 (2019).

Last Action

03/11/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB1906 - Modifies provisions governing the authorization of the deduction of moneys from the paychecks of public employees for the benefit of public labor organizations

Sponsor Rep. Phil Christofanelli (R)

Summary

A public body may withhold fees from public employee paychecks for the purpose of paying any portion of labor organization dues, agency shop fees, or any other fees paid to a labor organization only upon the annual consent of the 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. Furthermore, the department shall require clear and compelling evidence that the authorization was freely given by a public employee. The department is additionally required to create and maintain an electronic database whereby public employees can submit or revoke any authorization.

This bill is the same as SB 701 (2020).

Last Action

05/15/2020 H - Referred to House Committee on Workforce Development

HB1920 - Modifies provisions relating to the misclassification of workers

Sponsor

Rep. Justin Hill (R)

Summary

This bill establishes the criteria of a worker to be considered as an independent contractor. The bill states that independent contractors shall have a written contract that states the person is an independent contractor, not an employee, and that the person is responsible for all costs, fees, and taxes as an independent contractor. In addition, the person must have the right to control the manner and means by which the work is accomplished, and satisfies at least five out of nine listed requirements of an independent contractor. This bill also changes the definition of "employee" by removing the reference to the factors in IRS Rev. Rule 87-41, 1987-1 C.B.296 and stating that an individual who meets the requirements for an independent contractor as specified in this bill is not an employee.

This bill is similar to HCS HB 1137 (2019).

Last Action

05/15/2020 H - Referred to House Committee on Workforce Development

HB1923 - Requires law enforcement agencies to adopt written investigation policies for officer-involved deaths Sponsor

Rep. Shamed Dogan (R)

Summary

This bill 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 or city not within a county in which the officer-involved death occurred.

Compensation for participating in an investigation is determined by a manner consistent with a mutual aid agreement.

This bill is the same as HB 446 (2019).

Last Action

05/15/2020 H - Referred to House committee on Crime Prevention and Public Safety

HB1966 - Changes the process by which public notice is required to be published

Sponsor

Rep. Steven Lynch (R)

Summary

Currently, 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 bill repeals those requirements and instead requires the public body or organization to post the legal notice on the front page of its website, if it has one. If the public body or organization does not have a website, the notice shall be sent to the Secretary of State who shall publish the notice on the "Legal Notices Website", required by this bill to be established and maintained by the Secretary of State.

This bill is similar to SB 268 (2019).

Last Action 05/15/2020 H - Referred to House committee on General Laws

HB1967 - Implements the Streamlined Sales and Use Tax Agreement

Sponsor

Rep. Warren Love (R)

Summary

This bill creates the "Streamlined Sales and Use Tax Agreement Act" and requires the Director of the Department of Revenue to enter into the "Streamlined Sales and Use Tax Agreement" with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and types of commerce. Additionally, this bill creates the "Streamlined Sales and Use Tax Agreement Special Fund" which will consist of the revenue generated by this bill and will be transferred to pay for outstanding transportation bond debt. These provisions will sunset five years after the effective date of the bill (Section 32.070).

The bill specifies that:

(1) When a city annexes or detaches property, the city clerk must forward a certified copy of the ordinance to the department director within 10 days of adoption of the ordinance. The tax rate in the added or abolished territory must become effective on the first day of the calendar quarter 120 days after the sellers receive notice of the change (Section 32.087.18, RSMo);

(2) When a political subdivision changes the tax rate or the local sales tax boundary, the change must become effective on the first day of the calendar quarter 120 days after the sellers receive notice of the change (Section 32.087.19); and

(3) When specified political subdivisions repeal an existing tax, the repeal must become effective on the first day of the calendar quarter 120 days after notice to sellers (Sections 66.620 - 67.1545, 67.1775, 67.2000, and 67.2530).

The bill also:

(1) Requires the department to establish the necessary rules to implement the compliance provisions of the agreement. The state must be represented by three delegates including a person appointed by the Governor, a member of the General Assembly appointed by mutual consent of the President Pro Tem of the Senate and the Speaker of the House of Representatives, and the department director or his or her designee. The delegates must make an annual report by January 15 on the status of the agreement (Section 32.070);

(2) Authorizes the department director to retain 1% of the amount of any local sales or use taxes collected by the department for the cost of collection (Sections 32.086 and 67.395 - 67.576);

(3) Requires the department director to perform all functions regarding the administration, collection, enforcement, and operation of all sales tax and additional tax authorized in the bill (Section 67.2530);

(4) Defines "delivery charges," "food and food ingredients," "bottled water," "candy," "ancillary services," "lease or rental," and "purchase price" as they apply in the streamlined agreement. The bill also defines "engages in business activities within this state" and "maintains a place of business in this state" as they relate to the collection of taxes and defines "tangible personal property" to exclude specified digital products, digital audiovisual works, digital audio works, and digital books (Section 144.010);

(5) Establishes rules to determine the taxability of bundled transactions involving both taxable and nontaxable goods or services (Section 144.022);

(6) Requires uniform sourcing rules to determine what tax rates will apply to certain transactions (Sections 144.043, and 144.111 - 144.112);

(7) Requires the department director to participate in an online registration system that will allow sellers to register in this state and other member states. Registration with the central registration system and the collection of sales and use taxes in this state must not be used as a factor in determining whether the seller has nexus with this state for any tax at any time (Section 144.082);

(8) Requires the department director to establish rules and regulations for the remittance of sales and use taxes that allow for payments by all remitters and requires a seller to submit its sales and use tax returns electronically in a simplified format approved and prescribed by the department director (Section 144.084);

(9) Requires a seller to be allowed a deduction from taxable sales for bad debts attributable to taxable sales that have become uncollectable (Section 144.105);

(10) Requires the department director to provide and maintain an electronic database that describes boundary changes for all taxing jurisdictions and the effective dates of the changes for sales and use tax purposes, a database of all sales and use tax rates for all taxing jurisdictions, and a database that assigns each five- and nine-digit zip code to the proper rates and taxing jurisdictions. The department director must complete a taxability matrix and provide reasonable notice of changes in the taxability of products or services listed in the matrix. A seller or certified service provider cannot be held liable for reliance upon erroneous data provided by the department director on tax rates, boundaries, or taxing jurisdiction assignments (Sections 144.123 - 144.124);

(11) Authorizes an amnesty to certain out-of-state sellers with uncollected or unpaid sales or use tax if the seller was not registered in Missouri in the prior 12-month period before the effective date of this state's participation in the streamlined agreement (Section 144.125);

(12) Requires the department director to provide a monetary allowance under the automated collection system for sellers and certified service providers for collecting and remitting the state and local sales taxes. Currently, sellers are allowed to keep 2% for collecting and timely remitting the tax. A seller cannot simultaneously receive this monetary allowance and the 2% timely filing deduction (Sections 144.140 and 144.710); and

(13) Requires marketplace facilitators that meet the sales tax economic nexus threshold established in the bill to register with the Department of Revenue to collect and remit sales tax on sales made into the state through the marketplace facilitator's marketplace by or on behalf of a marketplace seller, as described in the bill (Section 144.575).

SALES AND USE TAX

The bill:

(1) Authorizes a state and local sales and use tax exemption for sales of over-the-counter drugs to individuals with disabilities, and all sales of durable medical equipment, prosthetic devices, mobility enhancing equipment, and drugs dispensed by prescription (Section 144.030.2(19));

(2) Authorizes a state and local sales and use tax exemption for school instructional materials (Section 144.030.2(46));

(3) Removes opt-out option for locals, changes the purchase limits on the back-to-school sales tax holiday from a per transaction limit to a per item limit and adds instructional materials and school computer supplies (Section 144.049); and

(4) Requires any out-of-state seller who voluntarily collects and remits use tax to file and remit the tax annually unless the amount is equal to $1,000 or more. The seller must file and remit the use tax for the month when $1,000 or more is due (Section 144.655.7).

The provisions of the bill regarding the "Streamlined Sales and Use Tax Agreement" will become effective January 1, 2021.

This bill is similar to HB 908 (2019).

Last Action

02/12/2020 H - Public hearing completed

HB1968 - Modifies provisions relating to local elections Sponsor

Rep. Mary Elizabeth Coleman (R)

Summary

This bill authorizes a county to submit a question to the voters on moving any election currently held in April to the August election day. The question must be submitted during an election that includes all eligible voters in the county.

Last Action

05/15/2020 H - Referred to House committee on Elections and Elected Officials

HB1971 - Modifies provisions relating to sales tax on motor fuel

Sponsor

Rep. Aaron Griesheimer (R)

Summary

Beginning January 1, 2021, this bill increases the tax on all motor fuel by 1% each year until the rate reaches 4% in 2024. This bill also removes the sales tax exemption on motor fuel used in certain situations, defined in the bill.

This provision will be effective only if approved by the voters.

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB2028 - Allows a property owner to choose utility service for new structures built on the property

Sponsor

Rep. Herman Morse (R)

Summary

This bill specifies that any new structures on a tract of land may be served by the electrical supplier that serves the other structure on the tract and that, at the discretion of the property owner, a utility may continue to serve a structure even if the ownership of the property is transferred.

The bill also specifies that a property owner whose property is located on the boundary line of a territorial agreement between two utility providers may choose the electrical service that is most convenient and cost-effective without applying to the Public Service Commission for a change in the agreement.

Last Action

05/16/2020 H - Referred to House Committee on Utilities

HB2042 - Expands the Missouri Law Enforcement Assistance Program to include all local law enforcement jurisdictions in the state

Sponsor

Rep. Doug Richey (R)

Summary

This bill specifies that all law enforcement agencies, municipal and county, located in any county or city not within a county will be eligible to receive funding under the "Missouri Law Enforcement Assistance Program".

Last Action

05/15/2020 H - Referred to House committee on Crime Prevention and Public Safety

HB2045 - Changes the laws regarding fire protection districts

Sponsor

Rep. Cheri Toalson Reisch (R)

Summary

This bill provides that a municipality will not have any obligation to respond to calls for fire-fighting service within an area it has recently annexed if the area is within a fire protection district.

This bill has an emergency clause.

Last Action

02/04/2020 H - Public hearing completed

HB2120 - Establishes provisions relating to water safety and security

Sponsor

Rep. Bill Kidd (R)

Summary

INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGE FOR GAS CORPORATIONS (Section 393.1009 to 393.1015)

This bill modifies the definition of "appropriate pretax revenues" and "gas utility plant projects" for provisions of law relating to an infrastructure system replacement surcharge (ISRS) for gas corporations. By January 1, 2022, gas corporations must develop a pre-qualification process to file with the Public Service Commission for contractors to install ISRS-eligible gas utility plant projects. Any gas corporation whose ISRS is found by a court of competent jurisdiction to include illegal and inappropriate charges shall refund every current customer of the gas corporation who paid such charges, before the gas corporation can file for a new ISRS.

Any ISRS petition thereafter shall be accompanied with a verified statement that the gas corporation is using a competitive bidding process for installing no less than 25% of ISRS-eligible gas utility plant projects. Under this bill, the lowest and best bid in the competitive bidding process shall receive the contract to perform the project. The Public Service Commission shall prepare an annual report on the competitive bidding process for the General Assembly beginning December 31, 2023. The provisions of law relating to the ISRS for gas corporations shall expire on August 28, 2029.

COMMUNITY WATER SYSTEMS (Sections 640.141, 640.142, 640.144, and 640.145)

This bill specifies that within one year, every community water system in the state that uses an Internet-connected control system must create a plan that establishes policies and procedures for identifying and mitigating cyber risk. They must also create a valve inspection and a hydrant inspection program as specified in the bill and must submit a report upon the request of the Department of Natural Resources that certifies compliance with regulations regarding water quality sampling, testing, reporting, hydrant and valve inspections, and cyber security plans.

These requirements do not apply to cities with a population of more than 30,000 inhabitants, Jackson or St. Louis counties.

LEAD TESTING IN SCHOOLS (Section 701.200)

The bill permits, subject to appropriations, each school district to test a sample of a source of potable water in a public school building in that district serving students under first grade and constructed before 1996 for lead contamination as specified in the bill. The water samples may be submitted to a Department of Health and Senior Services-approved laboratory and the results of such testing may be submitted to the department. If any of the samples tested exceed the U.S. Environmental Protection Agency standard, the school district shall notify the parents or guardians of enrolled students. If the samples tested are less than or equal to the standard, the district may notify parents individually or on the school's website.

SMALL WIRELESS FACILITIES (Sections 67.5122 and 620.2459)

This provision extends program authorization for small wireless facilities from 2021 to 2025 and for the broadband Internet program in underserved areas from 2018 to 2027.

Last Action

05/15/2020 H - Truly Agreed and Finally Passed

HB2179 - Prohibits public bodies from entering into certain contracts

Sponsor

Rep. Holly Rehder (R)

Summary

COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on General Laws by a vote of 8 to 3.

The following is a summary of the House Committee Substitute for HB 2179.

This bill prevents any public entity from entering into a contract with a company that is boycotting Israel. The bill makes exceptions for contacts with a total potential value of less than $100,000 and contractors with fewer than 10 employees. This section shall be known as the "Anti-Disrimination Against Israel Act".

This bill is similar to HB 1006 (2019).

The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.

PROPONENTS: Supporters say that Missouri has a good relationship with Israel. Supporters testified that the Boycott. Divestment, Sanctions (BDS) movement is not designed to improve the life of Palestinians and creates a national security issue. They also stated that Israel is not a racist country and that there is a strategic alliance between Missouri and Israel. Proponents further testified that this bill only applies to companies and will not limit individual free speech.

Testifying for the bill were Representative Rehder; Harvey M. Tettlebaum; Jim Conrady; Linda Conrady; Marcy Cornfeld; Nancy Lisker, American Jewish Committee Non Profit, Jewish Global Advocacy; and Richard Cornfeld.

OPPONENTS: Those who oppose the bill say that this bill hinders their Constitutional right to boycott. The act of boycotting is a proud political position that promotes political and social change. Opponents stated that this bill will impact Missourians' right to free speech and that no boycott has been destructive to the United States. Opponents further testified that the BDS movement is about unity and equality, not about terrorism. Opponents stated that they are not anti-Semitic just because they support the BDS movement.

Testifying against the bill were American Civil Liberties Union of Missouri; George Smith; Layla Azmi Goushey; Linda Badran; Lynn Barkovitz Parshall; Michael Berg, Jewish Voice For Peace- St Louis; Michael Volz; Muath Salamen; Neveen Ayesh; Rabieh Ead; Raed Abuhamda; Ulaa Kuziez; Wesley Knight, Christian Church (Disciples Of Christ); Yael Shomroni; Fayek S. Subeh; George P. Smith; and Walid Ramadan.

This bill is similar to HB 1006 (2019).

Last Action

02/25/2020 H - Reported Do Pass Committee

HB2182 - Repeals the sunset clause on the Uniform Small Wireless Facility Deployment Act

Sponsor

Rep. Rocky Miller (R)

Summary

Currently, the uniform small wireless facility deployment act expires on January, 1, 2021. This bill repeals the expiration date.

Last Action

02/25/2020 H - Public hearing completed

HB2214 - Modifies the term public entity as it relates to sovereign immunity

Sponsor

Rep. Phil Christofanelli (R)

Summary

This bill adds to the term "public entity" any multistate compact agency's employees while they are acting in the course and scope of their employment, as the term applies to sovereign immunity.

This bill is the same as HB 1003 (2019).

Last Action 02/20/2020 H - Referred to House Committee on Judiciary

HB2217 - Modifies provisions relating to workers' compensation for firefighters and other first responders

Sponsor

Rep. Robert Sauls (D)

Summary

This bill allows firefighters and first responders to receive Workers' Compensation for, but not limited to, diseases of the heart, diseases of the cardiovascular system, any infectious diseases, and diseases of the lungs or respiratory tract. Mental disorders may be recognized as occupational diseases and may be defined to be a disability due to stressful exposures, if such psychological stress or mental disorders arise from their employment.

The employer of the firefighter or first responder has a duty to provide reasonable medical evidence. If the employer does not provide reasonable medical evidence, then the first responder will have the benefit of the presumption regardless of the absence of medical evidence.

References to "the body systems or organs from carcinoma" shall be presumed to be references to cancer and an occupational disease if:

(1) The first responder has been assigned to at least 5 years of hazardous duty,

(2) The first responder was exposed to an agent classified by the International Agency for Research on Cancer,

(3) Fewer than 20 years have elapsed since the first responder was last assigned to hazardous duty; and

(4) At the time of the diagnosis of cancer, the first responder was under the age of 70.

The division must prepare and submit a report regarding presumed cancer claims before August 28, 2021 and an updated report every 2 years thereafter. This report shall be provided to the Speaker of the House of Representatives, the Minority Leader of the House, the President Pro Tem and the Minority Leader of the Senate, The Missouri Association of Fire Chiefs, The Fire Fighters Association of Missouri, and the Missouri Municipal League.

Last Action

05/15/2020 H - Referred to House Committee on Workforce Development

HB2225 - Establishes procedures relating to land use permits for historic landfills

Sponsor

Rep. Maria Chappelle-Nadal (D)

Summary

This bill requires St. Louis County to compile and keep a list of historic landfills in the county and make the list available to the public. Before July 1, 2021 the county must establish a procedure to determine whether any reclamation or remediation of an historic landfill has been accomplished safely before issuing a land use permit for the property. The procedure must be developed in consultation with the residents and stakeholders as required in the bill and be protective of the health of residents and people working near the landfill. All information and testimony provided in the development of the procedure is part of the official record.

Before issuing a land use permit for an historic landfill property, the county must hold public hearings to allow for public comment that allows ample time for evidence of residents' concerns. All information and testimony provided during the public comment period is part of the official record and the county must use the information to determine if additional testing is necessary. If additional testing is necessary, the county must perform the testing and remediation prior to issuing the land use permit.

Last Action

03/09/2020 H - Public hearing completed

HB2241 - Prohibits villages, towns, and cities from regulating dogs in a breed-specific manner

Sponsor

Rep. David Gregory (R)

Summary

The bill 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.

Last Action

03/11/2020 H - Perfected

HB2244 - Prohibits villages, towns, and cities from regulating dogs in a breed-specific manner

Sponsor Rep. Ron Hicks (R)

Summary

This bill is the same as HB 2242 (2020) and similar to HB 297 (2019).

Last Action

02/19/2020 H - Superseded - HB2241

HB2248 - Changes provisions governing solid waste management districts

Sponsor

Rep. Rocky Miller (R)

Summary

This bill changes the process for a governing body of a county to request to change Solid Waste Management Districts. Beginning August 28, 2020, after public notice and comment and within 90 days of submission of an application, the Department of Natural Resources (DNR) must authorize a change if the county demonstrates the change will not negatively affect the region it is joining.

Currently, a district must submit a solid waste management plan to the DNR with specific information every 24 months. The bill changes the submission of the plan from mandatory to voluntary and changes the information required in the plan. If a district submits a plan, it must review the plan every 36 months.

Beginning January 1, 2021, the bill increases the fee that a solid waste sanitary landfill must collect from $1.50 per ton to $3 per ton, the fee a solid waste demolition landfill must collect from $1 per ton to $3 per ton, and the fee a person who operates a transfer station must transmit to the department from $1.50 per ton to $3 per ton. Beginning October 1, 2040, the money in the Solid Waste Management Fund can not exceed the amount required to fund the operation of DNR's Solid Waste Management Program.

For all fiscal years beginning July 1, 2021 and ending on or before June 30, 2031, $4 million from the Solid Waste Management Fund must be made available to the Environmental Improvement and Energy Resources Authority for its current activities that promote the development of markets for recovered materials. On June 30, 2031, the remaining balance of uncommitted moneys appropriated to the authority will be transferred to the "Landfill Remedial Fund", which is created in this section, to address the proper closure of abandoned landfills and the maintenance of closed and abandoned landfills.

For all fiscal years beginning July 1, 2021 and ending on or before June 30, 2031, $4 million from the Solid Waste Management Fund must be transferred to the Landfill Remedial Fund to promote the proper cleanup, closure, and the maintenance of abandoned or underfunded closed landfills. The DNR must establish a procedure to measure the effectiveness of the program and provide a report to the Governor and General Assembly by January 15 of each year.

On June 30, 2040, the remaining balance of uncommitted moneys transferred to the Landfill Remedial Fund will be transferred back to the Solid Waste Management Fund and the Landfill Remedial Fund will be terminated.

Currently, each Solid Waste Management District receives a minimum of $75,000 for district grants and operations. This bill removes the minimum amount a district must receive, but specifies that no district may receive more than $3.5 million in one year.

Last Action

02/13/2020 H - Referred to House committee on Conservation and Natural Resources

HB2266 - Modifies provisions relating to political subdivisions

Sponsor

Rep. Derek Grier (R)

Summary

This bill exempts employees of a law enforcement agency from the prohibition against serving on the board of directors of a fire protection district. The bill also increases the board meeting attendance fee to $150 from $100, and provides that a board member cannot be paid for attending more than one meeting in a calendar week.

Last Action

03/04/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB2278 - Increases the state motor fuel tax

Sponsor

Rep. Steve Butz (D)

Summary

This bill increases the motor fuel tax from $0.17 per gallon to $0.18 per gallon.

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB2284 - Authorizes sports wagering

Sponsor

Rep. Cody Smith (R)

Summary

This bill permits sports wagering only by a licensed facility. A licensed facility may offer sports wagering in person at the licensed facility and over the Internet.

The rules adopted under this section must include the manner in which wagers are received, payouts are paid, and point spreads, lines, and odds are disclosed. The rules must establish standards to govern how a certificate holder offers sports wagering over the Internet and the manner a certificate holder's books and financial records related to sports wagering are maintained. The standards must also detect and prevent compulsive gambling.

The rules adopted under this standard requires a certificate holder to make commercially reasonable efforts by designating an area within the facility for sports wagering, ensure the security and integrity of sports wagering, ensure that the certificate holder's surveillance system covers all areas, allow the commission's gaming agents to be present, prevent people under the age of 21 to make sports wagers, provide written information about sports wagering, and post a sign in areas indicating the minimum and maximum amounts to be waged.

A licensed applicant who wants to offer sports wagering must submit an application to the commission and pay an initial application fee of $25,000.

The commission must test new sports wagering devices and new forms that the commission considered appropriate prior to allowing a certificate holder to offer a new sports wagering device or new form. A certificate holder must designate an area within their facility for conducting sports wagering. A certificate holder may administer up to three individually branded interactive sports wagering platforms. Sports wagering may be conducted with negotiable currency. A certificate holder determines the minimum and maximum wagers in sports wagering.

An interactive sports wagering platform provider may offer sports wagering if the platform holds an interactive sports wagering platform license issued by the commission. An application for such license must be submitted with a $25,000 application fee. An annual renewal fee of $50,000 is required. An interactive sports wagering platform may request for a temporary license, which will require an application fee.

A certificate holder must verify that a person placing a wager is at least 21 years of age. The commission must adopt rules that require interactive sports wagering platforms to make reasonable efforts to not target minors, disclose the identity of the sports wagering certificate holder, provide resources relating to gambling addiction, and to not deceive a reasonable consumer.

The commission shall not grant a license until the commission determines that each person that has control of the applicant seeking a license meets all qualifications. The commission and certificate holders must cooperate with investigations conducted by sports governing bodies or law enforcement agencies. A certificate holder is required to report criminal activity and wagers that violate law.

A certificate holder is required to maintain records for a period of at least three years for bets and wagers that exceed $10,000.

Any person, corporation, or employee who violates sections of this bill will be liable for civil penalty of $5,000 for each violation, not to exceed $50,000 for violations arising out of the same transaction. A person may also be guilty of a class E felony for specified violations.

Within 30 days of the end of each calendar quarter, a certificate holder must give the commission a royalty fee. The commission will disburse the royalty fee evenly among public universities and used for athletics compliance.

Additionally, a wagering tax of 9% is imposed on the adjusted gross receipts received from sports wagering conducted by a certificate holder. The tax imposed must be deposited to the "Gaming Proceeds for Education Fund" and distributed.

All sports wagering shall be initiated and made on the property of an excursion gambling boat within this state. A raffle using tickets, a device, or a machine, where a person or persons buy(s) one or more chances from a finite number of draws for a prize are authorized activities.

Last Action

03/05/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB2318 - Enacts provisions related to sports wagering

Sponsor

Rep. Phil Christofanelli (R)

Summary

This bill enacts new provisions relating to sport wagering.

The bill modifies the definition of "Games of skill" to include sports wagering (Section 313.800, RSMo).

The bill allows licensed facilities to offer sports wagering in person at the licensed facility or over the internet via an interactive sports wagering platform to persons physically located in this state.

The Missouri Gaming Commission (Commission) shall adopt rules to implement the provisions of the bill and all rules must comply with Chapter 536, RSMo. Rules adopted under this section include the standards and procedures to govern sports wagering conduct, standards for offering internet sports wagering to patrons physically located in Missouri, maintaining and auditing of books and financial records, and standards concerning the detection and prevention of compulsive gambling (Section 313.1003).

A person licensed to operate an excursion gambling boat in this state can apply to the Commission for a certificate of authority to conduct sports wagering. The applicant shall pay an application fee of $50,000 (Section 313.1006).

Certificate holders shall ensure that the certificate holder's surveillance system covers all areas in which sports wagering is conducted, allow the Commission to be present through gaming agents during the hours sports wagering is conducted, ensure that individuals under the age of 21 are not making sports wagers, provide certain information to sports wagering patrons, and post a sign indicating the minimum and maximum amounts that may be wagered (Section 313.1004).

The Commission must test new sports wagering devices and new forms. Certificate holders shall designate an area within the licensed facility for conducting sports wagering. A certificate holder may contract with up to 3 branded interactive sports wagering platforms to conduct sports wagering at the certificate holder's licensed facility. Sports wagering may be conducted with negotiable currency. A certificate holder will determine the minimum and maximum wagers in sports wagering (Section 313.1008).

An interactive sports wagering platform, as defined, must apply to the Commission for authority to offer sports wagering on behalf of a certificate holder. Such interactive sports wagering platform shall submit an application fee of $50,000. Each year after licensure, an interactive sports wagering platform shall submit an annual license renewal fee of $20,000 (Section 313.1010).

A certificate holder must verify that individuals under the age of 21 are not making sports wagers. The Commission shall promulgate rules for a sports wagering self-exclusion program, as described in the bill. The Commission shall also promulgate rules to ensure that advertisements for sports wagering do not target minors or other persons who are ineligible to place wagers, problem gamblers, or other vulnerable persons (Section 313.1012).

The Commission shall conduct background checks on individuals seeking licenses under these sections. Such background checks shall include a search for criminal history and any charges or convictions involving corruption or manipulation of sporting events. The bill provides a list of individuals who are prohibited from engaging in sports wagering, including anyone that owns at least 5% of the sports governing body or member teams. Anyone with at least 5% ownership that places or accepts any wager for a member team is guilty of a class C misdemeanor.

The Commission and certificate holders must cooperate with investigations conducted by law enforcement agencies. A sports governing body may notify the Commission that it desires to restrict, limit, or exclude sports wagers, as defined in the bill, on its sporting events (Section 313.1014).

A certificate holder must maintain records of all bets and wagers placed through an interactive sports wagering platform, and all bets and wagers placed in person that exceed $10,000 in a 24-hour period, including personally identifiable information of the bettor, the amount and type of bet, the time the bet was placed, the location of the bet, the outcome of the bet, and records of abnormal betting activity for at least three years after the sporting event occurs (Section 313.1016).

A wagering tax of six and three-fourths of one percent is imposed on the adjusted gross receipts received from sports wagering conducted by a certificate holder. Such tax shall be remitted one day prior to the last business day of each month. Revenues received from the tax shall be deposited in the "Gaming Proceeds for Education Fund".

A certificate holder shall also pay to the Commission an annual administrative fee of $20,000. In addition to such administrative fee, a certificate holder shall pay to the Commission a fee of $10,000 every five years for a reinvestigation of the certificate holder. Such fees shall be deposited into the newly created "Sports Wagering Fund" (Section 313.1021).

All sports wagers placed under this bill shall be deemed to be initiated, received, and otherwise made on the property of an excursion gambling boat in this state. The intermediate routing of electronic data shall not determine the location or locations in which such wager is initiated, received, or otherwise made (Section 313.1022).

This bill is similar to HB 2088 (2020).

Last Action

03/04/2020 H - Referred to House Committee on Rules-Legislative Oversight

HB2359 - Modifies the Historic Preservation tax credit

Sponsor

Rep. Louis Riggs (R)

Summary

This bill modifies provisions relating to the Historic Preservation tax credit, and renames such tax credit the "Missouri Historic, Heritage, Tourism, and Rural Revitalization Act".

This bill allows counties to designate certain structures as "essential community or heritage facilities", which will be structures that are historic county courthouses located in a qualifying county, as defined in the bill, or structures that are significant in the history, architecture, archeology, or culture of the state or its communities, which must have been constructed at least 50 years prior to an application for tax credits, and which will have at least $100,000 in estimated eligible costs and expenses to be incurred in the rehabilitation of such structure. Five million dollars of the amount of tax credits that may be authorized under this bill will be reserved for essential community or heritage facility projects that are historic county courthouses, provided that no county will have more than two such projects approved in a given fiscal year, and provided that such projects will only receive tax credits from the reserved amount. If the maximum amount reserved for such projects is authorized in any fiscal year, the amount reserved will be increased by $1 million, provided that no more than $10 million will be reserved for such projects. Any amount of reserved tax credits not authorized by March 31 of a fiscal year will no longer stand reserved, and may be authorized for any project under the bill.

Currently, the law limits the amount of tax credits that may be issued under this bill to $90 million, with an additional $30 million available for projects that are located in a qualified census tract, as defined in the bill. The bill modifies this provision to provide that the $90 million limit will be used only for projects not located in a qualified census tract. If the maximum amount of the $30 million allowed for projects located in a qualified census tract is authorized, such projects may be authorized under the $90 million limit, provided such maximum amount has not been authorized.

The bill also modifies the tax credits which may be claimed under the act for residential structures. Currently, such structures will be non-income producing single-family, owner-occupied residential property. This bill allows the structure to be either owner-occupied or occupied by a relative within the third degree of consanguinity of the applicant. For applications approved on or after July 1, 2020, any residential project located in a county that is not a qualified county will only receive tax credits if it is located in a distressed area, as described in the bill (Section 253.550, RSMo).

Currently, the amount of tax credits that a project may receive is limited to 25% of the total costs and expenses of rehabilitation incurred. This bill modifies the amount for residential projects to 25% of total costs or $50,000, whichever is less. For essential community or heritage facility projects that are historic county courthouses, the amount will be 50% of total costs or $500,000, whichever is less. For all other projects located in a qualifying county, the amount will be 35% of total costs. For all other projects located in a county that is not a qualifying county, the amount will remain 25% (Section 253.545).

This bill modifies the carry-back and carry-forward provisions of tax credits issued under this bill by reducing such periods from a 3-year carry-back and 10-year carry-forward to a 1-year carry-back and 5-year carry-forward for all tax credits authorized on or after July 1, 2020.

Currently, not-for-profit entities are prohibited from receiving historic preservation tax credits. This bill allows these entities to claim such tax credits (Section 253.557).

If the scope of an approved project materially changes, such project will be eligible to receive additional tax credits, as described in the bill. If the project was originally approved prior to August 28, 2018, the Department of Economic Development will evaluate the change in scope under the criteria in effect prior to such date (Section 253.559).

Projects that receive approval for tax credits must commence rehabilitation within 18 months, rather than nine months, of the date of approval. Additionally, "commencement of rehabilitation" means that as of the date that physical work has begun, the taxpayer will have incurred no less than 20%, rather than 10% percent, of the estimated costs of rehabilitation. Taxpayers must notify the Department of Economic Development of any loss of site control, or of failure to obtain site control, within ten days of such failure. Taxpayers may voluntarily forfeit project approval at any time. The amount of tax credits authorized for such forfeited or rescinded project will be made available for other projects. If a taxpayer later submits an application for the same project, any expenditures which are incurred after the date of the rescinded or forfeited approval will remain eligible expenditures for the purposes of determining the amount of tax credits (Section 253.259).

After completion of a project, the taxpayer is required to submit an application for the final approval of costs and issuance of tax credits. Within 60 days of receipt of such application, the Department of Economic Development must issue to the taxpayer tax credits in the amount of 75% of the amount of tax credits for which the taxpayer is eligible based on the application for final approval, or 75% of the amount of tax credits approved under the initial application, whichever is less. Within 120 days of an application for final approval, the department must make a determination of final costs and the amount of tax credits to be issued, and must issue the balance of tax credits owed to the applicant and not issued in the initial tax credit issuance. If the amount initially issued exceeds the amount that the taxpayer is eligible for, as determined by the Department of Economic Development's final approval, the taxpayer must repay such excess amount to the department (Section 253.559).

An applicant or their duly authorized representative may appeal any official decision made by the Department of Economic Development with regard to the application submitted to an independent thirdparty appeals officer designated by the department. This appeal must be submitted in writing within 30 days of the applicant's receipt of the decision being appealed. The appeals officer must deliver a written decision no later than 90 days after initial receipt of the appeal (Section 253.559).

Currently, the Department of Economic Development may charge a fee of 4% of the value of tax credits issued under the bill for deposit in the Economic Development Advancement Fund, with 37.5% of such revenue appropriated for business recruitment and marketing and the remainder appropriated for various purposes in the department. This bill modifies such provision to distribute the revenues as follows: 37.5% in the Economic Development Advancement Fund for business recruitment and marketing, 25% to the department for the administration of the bill, 25% to the Department of Natural Resources for the administration of the bill, and the remaining 12.5% to the Economic Development Advancement Fund for purposes allowed by current law (Section 620.1900).

This bill is similar to SB 819 (2020).

Last Action

03/11/2020 H - Referred to House committee on Economic Development

HB2449 - Abolishes the doctrine of adverse possession in Missouri

Sponsor

Rep. Tom Hurst (R)

Summary

This bill specifies that the doctrine of adverse possession for acquiring land does not apply in the state.

This bill is the same as HB 429 (2019) and HB 2160 (2018).

Last Action

05/15/2020 H - Referred to House Committee on Judiciary

HB2487 - Prohibits using the zoning process to discriminate against firearm businesses

Sponsor

Rep. Justin Hill (R)

Summary

This bill prohibits a county, city, village, and political subdivision from using the zoning process to prohibit federally licensed firearms from locating at any place within the jurisdiction where any other business may locate.

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB2503 - Modifies provisions relating to taxation, transient guests, and other hotel/motel guests

Sponsor

Rep. Vic Allred (R)

Last Action

05/15/2020 H - Referred to House Committee on Ways and Means

HB2567 - Changes the law regarding newspapers

Sponsor

Rep. Steven Lynch (R)

Summary

Currently, in order to qualify as a newspaper legally acceptable to run public notices and advertisements, a newspaper must have been published regularly for a period of three years; or must be the successor newspaper to a defunct newspaper and begin publication no later than 30 days after the termination of the prior newspaper.

This bill reduces the time period of regular publication from three years to one year, and increases the time period from 30 days to 90 days within which a successor newspaper must begin publication. The bill also allows a newspaper that has been purchased or newly established by another newspaper that satisfies the these conditions to qualify.

Last Action

03/11/2020 H - Public hearing completed

HB2656 - Modifies the dates for primary and municipal elections

Sponsor

Rep. Chrissy Sommer (R)

Last Action

05/15/2020 H - Referred to House committee on Elections and Elected Officials

HB2663 - Requires that all municipal elections in the city of Saint Louis be non-partisan

Sponsor

Rep. John Wiemann (R)

Summary

This bill prohibits candidates for municipal offices in the City of St. Louis from declaring a party affiliation. Municipal primary elections must have a single nonpartisan ballot, and the two candidates with the most votes for a particular office will advance to the municipal general election.

Last Action

03/05/2020 H - Referred to House committee on Elections and Elected Officials

HB2668 - Prohibits the state and any political subdivision from regulating certain uses of private property

Sponsor

Rep. Tony Lovasco (R)

Last Action

05/15/2020 H - Referred to House Committee on Local Government

HB2691 - Enacts provisions related to sports wagering

Sponsor

Rep. Wes Rogers (D)

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB2707 - Modifies provisions relating to electronic public records

Sponsor

Rep. Gina Mitten (D)

Summary

This bill prohibits the use of public monies to enable self destructing message technology use by officials and staff or employees of public governmental bodies. Such individuals are also prohibited from using their personally owned devices to conduct public business using such messaging technology.

This bill is the same as HB 1254 (2019).

Last Action

05/15/2020 H - Referred to House committee on General Laws

HB2725 - Modifies provisions for the sunshine law

Sponsor

Rep. Mary Elizabeth Coleman (R)

Summary

This bill modifies provisions relating to the Sunshine Law.

Currently, certain specified documents consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of a governmental body are not considered public records unless they are retained by the body or presented at a public meeting. This bill adds internal communications and drafts to the list of documents and removes the requirement that the body not retain the documents.

The bill also allows records or meetings to be closed if they relate to individually identifiable information such as telephone numbers, email and physical addresses, driver's license numbers, or tax information; records of any correspondence between a member or employee of a public governmental body and a constituent's request for information or assistance. For this purpose a constituent does not include a lobbyist or lobbyist principal.

This bill allows any public governmental body to deny a request for continuous or repeated access to certain records and require that each request be made separately.

Currently, when a public record contains material that is public and material that is exempt the exempt and public material is separated and the public material made available. This bill specifies that the public governmental body must inform the person requesting the records that there are materials exempt from disclosure and allows the materials exempt from disclosure to be redacted or closed.

The bill prohibits any member or employee of a public governmental body from using any software or application that encrypts or automatically deletes any communication to conduct any official business except, when a software or application is recommended by a law enforcement agency to protect the safety or security of members or employees of the public governmental body.

Currently, anyone requesting information may be charged for the actual cost of time to research the request. This bill adds the time to review the information, including a legal review.

A public governmental body may request payment prior to the production of records as long as the requester is given at least 30 days to remit the payment. If the requester does not remit the payment within the given time frame the request may be considered closed.

Last Action

03/16/2020 H - Reported Do Pass Committee

HB2742 - Modifies provisions relating to transportation

Sponsor

Rep. Nate Tate (R)

Last Action

03/10/2020 H - Referred to House Committee on Transportation

HCR80 - Disapproves the Missouri Hazardous Waste Management Commission's recommendations regarding the fees and taxes of the Hazardous Waste Management Commission

Sponsor

Rep. Robert Ross (R)

Summary

This resolution disapproves the regulation filed by the Missouri Hazardous Waste Management Commission on August 30, 2019, that increases fees for generators of hazardous waste.

This bill is similar to SCR 38 (2020).

Last Action

05/15/2020 H - Referred to House committee on Conservation and Natural Resources

HJR59 - Proposes a constitutional amendment to assert the right of Missourians to hunt and fish

Sponsor

Rep. Chris Dinkins (R)

Summary

Upon voter approval this proposed Constitutional amendment prohibits any law or rule that unreasonably restricts hunting, fishing, or harvesting wildlife using traditional methods and devices. Public hunting and fishing shall be a preferred means of wildlife management and control. The amendment does not modify property rights or trespass laws.

This bill is similar to HJR 20 (2019).

Last Action

05/15/2020 H - Referred to House committee on Conservation and Natural Resources

HJR83 - Proposes a constitutional amendment limiting votes for county mergers to the counties affected by the merger

Sponsor

Rep. LaKeySha Bosley (D)

Summary

Upon voter approval, this proposed Constitutional amendment specifies that any change to the territories or governments of St. Louis City and St. Louis County shall only occur as authorized by Article VI, Sections 30(a) to 30(c) of the state Constitution.

It also prohibits any alteration, merger, or dissolution of cities, towns, or villages without a vote occurring in each of the entities affected by a proposal for alteration, merger, or dissolution.

This bill is the same as HJR 37 (2019).

Last Action

05/15/2020 H - Referred to House committee on Elections and Elected Officials

SB532 - Enacts provisions relating to the operation of motor vehicles while using electronic devices

Sponsor

Sen. Wayne Wallingford (R)

Summary

SB 532 - Currently, drivers under the age of 22 are prohibited from using electronic wireless communication devices to send text messages or electronic messages while driving. This act extends the prohibition to drivers of all ages. Operators of noncommercial motor vehicles may still use "hands- free" electronic wireless communication devices, as defined in the act.

This act exempts emergency vehicles and other motor vehicles responding in a commercial capacity to another vehicle's request for roadside assistance from the prohibition against operators using electronic wireless communication devices. This act also allows for use of an electronic wireless communication device to contact emergency services or relay information between for-hire operators and their dispatchers. Individuals under the age of 18 or who have an intermediate license or instruction permit are prohibited from using the devices for any purpose other than to contact emergency services.

A violation of the prohibition against using electronic communication devices while driving shall be an infraction punishable by a $50 fine, or by a $100 if in a school zone or in a work zone when workers are present. Violations committed while operating a commercial vehicle shall constitute a serious traffic violation for purposes of commercial motor vehicle license suspensions.

This act is similar to SB 15 (2019), SB 749 (2018), SB 165 (2017), SB 253 (2017), HB 284 (2017), HB 312 (2017), HB 378 (2017), SB 510 (2017), and HB 546 (2017).

ERIC VANDER WEERD

Last Action

01/09/2020 S - Referred to Senate Committee on Transportation, Infrastructure, and Public Safety

SB539 - Increases taxes on motor fuels Sponsor

Sen. Doug Libla (R)

Summary

This act contains an emergency clause.

ERIC VANDER WEERD

Last Action

02/10/2020 S - Placed on Informal Calendar

SB549 - Relating to low-income housing tax credits

Sponsor

Sen. Dan Hegeman (R)

Summary

SB 549 - This act places an aggregate cap on the amount of state low-income housing tax credits that may be authorized in a fiscal year. Such cap shall be the lesser of 72.5% of the amount of federal low-income housing tax credits allocated to the state or $123 million, adjusted annually for inflation.

This act also reduces the limit on tax credits authorized for projects financed through tax-exempt bonds from $6 million to $4 million. To the extent that such limit is not reached in a fiscal year, the amount not authorized may, for such fiscal year only, be added to the amount of tax credits that may be authorized for projects not financed through tax-exempt bond issuance.

The Missouri Housing Development Commission shall establish an evaluation rubric and score applicants for low-income housing tax credits against the rubric. The Commission shall publish such rubric before it accepts applications and shall publish the scored rubric for each application.

Beginning August 28, 2021, the Commission shall establish a pilot program under which low-income housing tax credits may be transferred, sold, or assigned to a third party if so authorized by the Commission and elected by the taxpayer, as described in the act. The amount of tax credits authorized to be transferred shall not exceed fifteen percent of the aggregate cap. The pilot program shall expire on August 28, 2024.

This act is substantially similar to HCS/SS/SCS/SB 28 (2019) and HCS/HB 665 (2019), and is similar to SB 269 (2019), SCS/SB 591 (2018), and HB 1237 (2018), and to a provision contained in HB 1824 (2018) and SCS/SBs 285 & 17 (2017).

Last Action

02/25/2020 S - Hearing Conducted

SB557 - Modifies provisions relating to illegal gambling

Sponsor

Sen. Dave Schatz (R)

Summary

SCS/SB 557 - Current law allows the Missouri Gaming Commission to enter into agreements with various federal, state, and local agencies to carry out the duties of the Commission. This act also allows the Commission to enter into agreements with such agencies for investigations relating to and the enforcement of criminal provisions relating to illegal gambling.

This act requires the Gaming Commission to establish a telephone contact number, which shall be prominently displayed on the Commission's website, to receive reports of suspected illegal gambling activity. The Commission shall initiate an investigation upon receiving such report. If the Commission finds sufficient evidence of illegal gambling, it shall refer such violation to the prosecuting attorney. Upon the request of the prosecuting attorney, the Attorney General may aid such prosecuting attorney in prosecuting violations referred by the Commission.

Any person or establishment licensed under current law relating to gaming that is convicted of or pleads guilty to illegal gambling, and any affiliated company of such person or establishment, shall be permanently prohibited from being licensed to participate in any way in a program implementing video lottery gaming terminals should such a program be implemented in this state. (Section 313.004)

This act also allows the supervisor of liquor control to refer to the Commission any suspected illegal gambling activity being conducted on the premises of a location licensed under the Liquor Control Law. (Section 311.660)

Current law allows a sheriff, peace officer, or eight or more citizens of a county or city to bring an action in circuit court to initiate proceedings to suspend or revoke a license issued under the Liquor Control Law as a result of certain offenses committed by a licensee. This act adds permitting illegal gambling devices on the licensed premises of a licensee to such list of offenses. (Section 311.710)

This act provides that any conviction in this state for illegal gambling activity involving an illegal gambling device shall result in the automatic and permanent revocation of a license issued under the Liquor Control Law, as well as any lottery game retailer license. (Sections 311.720 and 313.255)

This act modifies the definitions of "gambling device" and "slot machine" for the purposes of provisions of law relating to the prosecution of illegal gambling. (Section 572.010)

This act contains an emergency clause.

This act is substantially similar to SB 530 (2020) and SCS/SB 431 (2019), and to provisions contained in SS#3/SCS/SB 44 (2019).

Last Action

01/28/2020 S - Placed on Informal Calendar

SB559 - Establishes the Missouri Statewide Mechanical Contractor Licensing Act

Sponsor

Sen. Dave Schatz (R)

Summary

SCS/SB 559 - This act shall be known as the Missouri Statewide Mechanical Contractor Licensing Act.

Under this act, the statewide mechanical license for mechanical contractors shall be regulated by the Division of Professional Registration, within the Department of Commerce and Insurance. This act creates the Office of Mechanical Contractors within the Division, to carry out the provisions of this act.

Applicants for a statewide mechanical license must meet certain criteria set forth in the act. A corporation, firm, institution, organization, company, or representative seeking to engage in mechanical contracting, is required to employ at least one license holder. A statewide licensed mechanical contractor may represent only one entity at a time.

A mechanical contractor shall have one license holder responsible for offering field employees eight contact hours of industry training each year, and mechanical contractors shall be responsible for providing proof of such training to the Division upon request.

In the event of a loss of a license holder, a mechanical contractor shall remain in good standing with the Division for six months after notifying the Division of such change. Within the six month period, a new license holder shall be registered with the Division. If no license holder is registered within such six month period, the Division shall declare the mechanical contractor inactive.

(Section 324.959)

Political subdivisions may establish their own local mechanical contractor's license, but shall recognize a statewide license in lieu of a local license for the purposes of performing contracting work or obtaining permits to perform work within such political subdivision. No political subdivision may require the employees of a statewide licensed mechanical contractor or its subcontractors or manufacturers' representatives to obtain journeymen licenses, apprenticeship licenses, or occupational licenses that require passing any examination or any special requirements to assess proficiency.

If a political subdivision does not recognize a statewide license in lieu of a local license, a statewide mechanical contractor licensee may file a complaint with the Division, which may investigate such complaint. If the Division finds that the political subdivision failed to recognize a statewide license, the Division shall notify the political subdivision of such violation and grant them 30 days to comply. If after 30 days the political subdivision does not comply, the Division shall notify the director of the Department of Revenue, who shall withhold any moneys the political subdivision would otherwise be entitled to from local sales tax until the political subdivision is in compliance.

(Section 324.962)

This act establishes the Missouri Mechanical Contractor Licensing Fund in the state treasury, which shall be expended for the administration of this act.

(Section 324.965)

Mechanical contractor licenses shall expire on a renewal date established by the Division. The Division shall, prior to the renewal date, mail a renewal notice to the last known address of each person licensed under this act. Failure to provide the Division with the information required for renewal or to pay the required fee shall result in the license being declared inactive. The license shall remain inactive until the licensee applies for reinstatement and pays the required fees, so long as the application for reinstatement is received within two years of the renewal date.

(Section 324.968)

Any person operating as a mechanical contractor in a political subdivision shall not be required to possess a statewide license to operate as a mechanical contractor in such political subdivision.

(Section 324.971)

The Division may refuse to issue any certificate of registration or license, and may cause a complaint to be filed with the Administrative Hearing Commission against any holder of a certificate of registration or license for causes set forth in the act. Upon a finding by the Administrative Hearing Commission that grounds for disciplinary action are met, the Division may censure or place such a person on probation for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke any license. Upon a judicial or administrative finding of a violation of this act, the Division may assess fines up to $5,000.

(Section 324.980)

Any person who knowingly violates the provisions of this act is guilty of a Class B misdemeanor.

(Section 324.983)

The provisions of this act shall not apply to service work or installation of chimney sweeps, outdoor cooking appliances, outdoor fire pits, and outdoor gas lanterns.

(Section 324.950)

This act is substantially similar to SB 376 (2019), HCS/HB 326 (2019), and provisions contained in SCS/HB 705 (2019), and is similar to HB 2673 (2018).

Last Action

02/20/2020 S - Reported Do Pass Committee as substituted

SB566 - Establishes the Missouri Video Lottery Control Act

Sponsor

Sen. Denny Hoskins (R)

Summary

SB 566 - This act modifies several provisions relating to video lottery.

LOTTERY COMMISSION

This act allows the Lottery Commission to incur fees when accepting debit cards or other electronic payment methods for the sale of lottery game plays. (Section 313.360)

MISSOURI VIDEO LOTTERY CONTROL ACT

This act establishes the Missouri Video Lottery Control Act.

This act allows the State Lottery Commission to implement a system of video lottery game terminals and to issue licenses to video lottery game manufacturers, distributors, operators, handlers, and retailers, as defined in the act. The Commission shall not allow a single vendor or licensee to be responsible for implementing the program, nor shall it allow a single vendor or licensee to control or operate more than twenty-five percent of video lottery game terminals in the state after December 31, 2025. (313.429.1 and .2)

Video lottery game terminals may be placed in fraternal organizations, veterans' organizations, truck stops, as defined in the act, and retail establishments licensed to sell liquor by the drink for on- premise consumption. (Section 313.427)

Video lottery game terminals shall be connected to a centralized computer system developed or procured by the Commission. No video lottery game terminal shall be placed in operation without first connecting to such centralized computer system.

The Commission may impose a non-refundable application fee, as described in the act. The initial license shall be for a period of one year. Thereafter, the license renewal period shall be four years with the applicable license renewal fee paid for each year such license is renewed, as described in the act. In addition to such license fees, video lottery game operators shall pay the Commission an annual license fee of $200 for each video lottery game terminal placed in service. No license shall be issued to any person who has been convicted of a felony or crime involving illegal gambling. Sales agents shall register with the Commission and may not solicit or enter into any agreement with a retailer or retail establishment prior to such registration with the Commission. (Section 313.429.3 and .4)

Video lottery game operators shall pay winning tickets using a video lottery game ticket redemption terminal, which shall be located within the video lottery game retailer's establishment in direct proximity of where such video lottery games are offered. Video lottery game operators shall pay to the Commission thirty-two percent of any unclaimed cash prizes associated with winning tickets that have not been redeemed within 180 days of issue.

Video lottery game operators and video lottery game retailers shall enter into a written agreement for the placement of video lottery game terminals. The agreement shall specify an equal division of adjusted gross receipts between the operator and retailer after adjustments for taxes and administrative fees are made. Video lottery game operators and video lottery game retailers are prohibited from offering anything of value other than the percentage of adjusted gross receipts for the placement of video lottery terminals. Persons violating such prohibition forfeit the right to operate video lottery game terminals for a one-year period. (Section 313.429.7)

The cost of video lottery game terminal credits shall be $0.01, $0.05, $0.10, or $0.25, and the maximum wager played per video lottery game shall not exceed $5.00. No cash award for the maximum wager played on any individual lottery game shall exceed $1,000.

Operators shall not operate more than ten terminals at any one fraternal organization, veterans organization, or truck-stop, and not more than five terminals in any one establishment licensed to sell liquor by the drink for on-premise consumption. (Section 313.429.8)

A person under the age of twenty-one shall not play video lottery games, and such video lottery game terminals shall be under the supervision of a person that is at least twenty-one years of age. Video lottery game terminals shall be placed in a fully enclosed room that is continually monitored by video surveillance and where access to persons under the age of twenty-one is prohibited. Recorded video surveillance shall be made available as reasonably and specifically requested by the Commission. An operator that fails to review such video and report any known violation of law may be subject to an administrative fine not to exceed $5,000. Any operator or retailer found to have knowingly committed a violation of provisions governing the conduct of video lottery games may be subject to a fine of $5,000, the suspension of such operator's retailer's license for up to thirty days, or, in the case of repeated violations, the revocation of such operator's or retailer's license for up to one year. (Section 313.429.9)

Video lottery game operators shall pay to the Commission thirty-six percent of the video lottery game adjusted gross receipts. The net proceeds of the sale of video lottery game tickets shall be appropriated equally to public elementary and secondary education and public institutions of higher education, with an emphasis on funding elementary and secondary education student transportation costs and public institutions of higher education workforce development programs. The Commission shall compensate the administrative costs of the city or county in which a video lottery retailer maintains an establishment in an amount equal to four percent of the video lottery game adjusted gross receipts.

The remainder of video lottery game adjusted gross receipts, after the cost of the centralized computer system and administrative costs are paid and apportioned, shall be retained by video lottery game operators and shall be split evenly between video lottery game operators and video lottery game retailers as provided under an agreement. (Section 313.429.10)

All revenues collected by the Commission from license renewal fees and any reimbursements associated with the enforcement of the act shall be appropriated for administrative expenses associated with supervising and enforcing the provisions of the act. (Section 313.429.11)

The Commission shall contract with a state law enforcement entity to assist in conducting investigations into applicants for licenses and to investigate violations of the provisions of the act. (Section 313.429.12)

The use or possession of any video gaming terminal, gambling machine, or device capable of simulating lottery games, games of chance, or gambling games, and that is not licensed by the Lottery Commission or Gaming Commission shall be punishable under the provisions of Chapter 572 relating to illegal gambling. Any lottery vendor or licensee violating such provisions shall be guilty of a Class D felony and fined up to $10,000 per occurrence. The Commission shall suspend or revoke the license of any vendor or licensee that allows the use of any prohibited video gaming terminal. (Section 313.429.13)

Participation in the state lottery under this act shall not be construed to be a lottery or gift enterprise in violation of Article III, Section 39 of the Constitution of Missouri, and shall not constitute a valid reason for the denial or revocation of a permit to sell liquor. (Section 313.433)

This act allows a municipality or county to adopt an ordinance within one hundred eighty days of the effective date of this act prohibiting video lottery game terminals within the municipality or county. (Section 313.435)

This act is substantially similar to SB 43 (2019) and SB 452 (2017), and to provisions contained in SS#3/SCS/SB 44 (2019) and SS/SCS/SB 767 (2018), and is similar to HB 990 (2017).

JOSH NORBERG

Last Action 03/04/2020 S - Hearing Conducted

SB567 - Authorizes sports wagering

Sponsor

Sen. Denny Hoskins (R)

Summary

SB 567 - This act allows the Missouri Lottery Commission to offer games based on the outcomes of sporting events. (Section 313.230)

This act also authorizes sports wagering, and modifies the definition of "gambling game" to include sports wagering.

Sports wagering shall only be authorized to be conducted on an excursion gambling boat or over the internet to persons physically located in this state. Such licensed facilities shall apply to the Missouri Gaming Commission for authorization to conduct sports wagering, and shall pay an application fee of $25,000. If granted a certificate of authority, a certificate holder shall be authorized to conduct sports wagering in a licensed facility or through an interactive sports wagering platform, as defined in the act. (Section 313.1006)

Certificate holders shall designate an area within the licensed facility for conducting sports wagering. (Section 313.1008)

Subject to the approval of the Commission, a certificate holder may contract with a third party to conduct sports wagering at the certificate holder's licensed facility. (Section 313.1008)

An interactive sports wagering platform, as defined in the act, may apply to the Commission for authority to offer sports wagering on behalf of a certificate holder. Such interactive sports wagering platform shall submit an application fee of $25,000. Each year after licensure, an interactive sports wagering platform shall submit an annual license renewal fee of $50,000. (Section 313.1010)

The Commission shall promulgate rules for a sports wagering self-exclusion program, as described in the act. The Commission shall also promulgate rules to ensure that advertisements for sports wagering do not target minors or other persons who are ineligible to place wagers, problem gamblers, or other vulnerable persons. (Section 313.1012)

The Commission shall conduct background checks on individuals seeking licenses under the act. Such background checks shall include a search for criminal history and any charges or convictions involving corruption or manipulation of sporting events.

A sports governing body may notify the Commission that it desires to restrict, limit, or exclude sports wagers, as defined in the act, on its sporting events, including restrictions on sources of data and associated video upon which an operator may rely in offering and paying wagers. The Commission may deny such request if it determines that it is arbitrary and capricious. Except in certain emergency situations, such restrictions shall not apply to tier one sports wagers on non-exhibition games or events of professional sports organizations, as defined in the act.

Certificate holders may use any data source to determine the results of sports wagers, provided the data is not obtained directly or indirectly from live event attendees or through automated computer programs. However, within thirty days of a sports governing body notifying the Commission of its desire to supply official league data to certificate holders for determining the results of tier two wagers, as defined in the act, certificate holders shall only use official league data to determine the results of such wagers. Certificate holders shall not purchase or utilize any personal biometric data of an athlete, as defined in the act, without written permission from the athlete's exclusive bargaining representative.

The Commission and certificate holders shall cooperate with investigations conducted by law enforcement agencies. (Section 313.1014)

A certificate holder shall maintain records of all bets and wagers placed through an interactive sports wagering platform, and all bets and wagers placed in person that exceed $10,000 in a 24-hour period, including personally identifiable information of the bettor, the amount and type of bet, the time the bet was placed, the location of the bet, the outcome of the bet, and records of abnormal betting activity for at least three years after the sporting event occurs. (Section 313.1016)

Any person who knowingly violates any procedure implemented under this act shall be liable for a civil penalty of not more than $5,000 for each violation, not to exceed $50,000 for violations arising out of the same transaction or occurrence. Such person shall also be subject to actions and penalties provided under current law, provided that any such financial penalties shall not exceed those provided for in the act.

Any person who places, or causes to be placed, a bet or wager on the basis of material nonpublic information relating to that bet or wager, or who knowingly engages in, facilitates, or conceals conduct that intends to improperly influence a betting outcome of a sporting event for purposes of financial gain in connection with betting or wagering on a sporting event shall be guilty of a Class E felony. The term "material nonpublic information" shall include personal biometric data. (Section 313.1018)

Within thirty days of the end of each calendar quarter, a certificate holder shall remit to the Commission a royalty fee of 0.25% of the amount wagered on sporting events conducted during the previous calendar quarter by sports governing bodies that have registered with the Commission, as described in the act. No later than April 30th of each year, a registered sports governing body may submit a request for disbursement of funds remitted by certificate holders in the previous calendar year. The Commission shall disburse the funds to the registered sports governing body in pro rata proportion of the total amount wagered on its sporting events. Any unclaimed royalty fees shall be distributed to certificate holders that timely remitted such fees. (Section 313.1019)

Within thirty days of the end of each calendar quarter, a certificate holder shall remit to the Commission a royalty fee of 0.25% of the amount wagered on sporting events involving at least one NCAA Football Bowl Subdivision football team or at least one NCAA Division I basketball team. No later than April 30th of each year, the Commission shall disburse such royalty fees evenly among the public universities in this state that sponsor an NCAA Football Bowl Subdivision football team or NCAA Division I basketball team. The royalty fees received by public universities under this act shall be used solely for athletics compliance. (Section 313.1020)

A tax is imposed at a rate of 9.0% on the adjusted gross receipts received from sports wagering conducted by a certificate holder. Such tax shall be remitted by the last business day of each month. Revenues received from the tax shall be deposited in the Gaming Proceeds for Education Fund.

A certificate holder shall also pay to the Commission an annual administrative fee of $50,000. In addition to such administrative fee, a certificate holder shall pay to the Commission a fee of $10,000 every five years for a reinvestigation of the certificate holder. Such fees shall be deposited in the Gaming Commission Fund. (Section 313.1021)

All sports wagers placed under this act shall be deemed to be initiated, received, and otherwise made on the property of an excursion gambling boat in this state. The intermediate routing of electronic data shall not determine the location or locations in which such wager is initiated, received, or otherwise made. (Section 313.1022)

The Commission shall establish a hotline or other method of communication that allows any person to confidentially report information about any conduct that the person believes is a violation of the provisions of this act. The Commission shall investigate all reasonable allegations and shall refer allegations that it deems credible to the appropriate law enforcement agency.

Sports wagering operators, sports governing bodies, professional sports franchises, and higher education institutions shall not discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee because of any lawful act performed by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of the provisions of this act. An employee may bring an action at law or equity for relief from a violation of this provision, as described in the act. Such action shall be commenced not later than one hundred eighty days from the later of the date on which the violation occurs or the date on which the employee became aware of the violation. (Section 313.1024)

This act is substantially similar to HB 119 (2019), SB 1009 (2018), HB 2406 (2018), and to provisions contained in SS#3/SCS/SB 44 (2019) and SB 187 (2019), and is similar to HB 2320 (2018) and to a provision contained in SB 195 (2019).

JOSH NORBERG

Last Action

03/04/2020 S - Hearing Conducted

SB572 - Establishes the "Community Crime Reduction Grant Program" which shall provide money to qualifying municipal police departments

Sponsor

Sen. Caleb Rowden (R)

Summary

SB 572 - This act establishes a pilot program known asthe "Community Crime Reduction Grant Program" which shall provide money to qualifying municipal police departments.

• Employ less than two officers per one thousand people; and

• Serve a city with a population of 75,000 inhabitants to 125,000 inhabitants that is located in a first class county.

Grants received from the program shall be used as payment for the following:

• Up to 50% of the cost of employing new law enforcement officers needed to raise the department's officer to population ratio to two officers per one thousand people; and

The Department of Public Safety shall administer the grants issued under the program and promulgate all rules and regulations for the administration of the program.

The provisions in this act shall sunset after four years unless reauthorized by the General Assembly.

This act is substantially similar to HB 2466 (2016).

MARY GRACE BRUNTRAGER

Last Action 04/28/2020 S - Placed on Informal Calendar

SB589 - Modifies provisions relating to sanctuary policies enacted by political subdivisions

Sponsor

Sen. Eric Burlison (R)

Summary

SB 589 - This act adds law enforcement policies, whether formally enacted or informally adopted, to the definition of "sanctuary policy" with regard to political subdivisions. Under this act, a sanctuary policy includes any order, ordinance, or law enforcement policy by a municipality that:

• Violates federal law prohibiting local and state governments from enacting laws or policies that limit communication with the Department of Homeland Security;

• Restricts the municipality's cooperation with Immigration and Customs Enforcement (ICE) to obtain custody or transfer any alien into the custody of ICE; or

• Prevents the municipality's law enforcement officers from asking an individual his or her citizenship or immigration status.

Additionally, this act provides that political subdivisions, rather than municipalities, will be ineligible for certain state funds if any sanctuary policies are adopted.

This act is identical to SCS/SB 64 (2019) and similar to HB 1908 (2018) and HB 980 (2017).

MARY GRACE BRUNTRAGER

Last Action

02/11/2020 S - Voted do pass from committee

SB592 - Establishes provisions related to water and sewer infrastructure rate adjustments for water and sewer corporations Sponsor

Sen. Bill White (R)

Summary

SB 592 - This act establishes the Missouri Water and Infrastructure Act, which specifies that a water or sewer corporation may file a petition and proposed rate schedules with the Public Service Commission to create or change a water and sewer infrastructure rate adjustment (WSIRA) that provides for the recovery of pretax revenues associated with eligible infrastructure projects. The WSIRA and any future changes must meet specific requirements as set forth in the act.

The Commission shall not approve a WSIRA for a water or sewer corporation that has not had a general rate proceeding decided or dismissed in the 3 years before the filing of a WSIRA petition unless the water or sewer corporation has filed for or is the subject of a new general rate proceeding.

At the time the water or sewer corporation files a petition for a WSIRA, it shall submit proposed WSIRA rate schedules and supporting documentation, and the corporation shall also serve the Office of Public Counsel with a copy of the petition, rate schedules, and documentation. Upon the filing of a petition, the Commission shall conduct an examination of the proposed WSIRA, as specified in the act. The Commission may hold a hearing on the petition and any associated WSIRA rate schedules. If the Commission finds that a petition complies with the requirements set forth in the act, the Commission shall enter an order authorizing the water or sewer corporation to implement the WSIRA. A corporation may petition the Commission for a change in its WSIRA no more than two times in every 12-month period.

The act lists what information the Commission may consider in determining the appropriate pretax revenues and how the WSIRA is calculated. If this information is unavailable and the Commission is not provided such information on an agreed-upon basis, the Commission shall use the last authorized overall pretax weighted average cost of capital in a general rate proceeding for the water or sewer corporation. At the end of each 12-month calendar year that a WSIRA is in effect, the corporation shall reconcile the differences between the revenues from a WSIRA and the appropriate pretax revenues found by the Commission for that period and submit the reconciliation and proposed WSIRA to the Commission for approval to recover or credit the difference.

A water or sewer corporation that has a WSIRA shall file revised WSIRA schedules when new base rates and charges become effective following a general rate proceeding that includes the WSIRA eligible costs in the base rates. Once the eligible costs are included in the water or sewer corporation's base rates, the corporation shall reconcile any previously unreconciled WSIRA revenues to ensure that revenues resulting from the WSIRA match as closely as possible the appropriate pretax revenues.

A water or sewer corporation's filing of a petition to establish or change a WSIRA is not considered a request for a general increase in the corporation's base rates and charges. Nothing in the act impairs the authority of the Commission to review the prudence or eligibility of specific projects in the proposed WSIRA.

This act is similar to SB 377 (2019) and HCS/HB 633 (2019).

JAMIE ANDREWS

Last Action

02/18/2020 S - Placed on Informal Calendar

SB610 - Enacts new provisions allowing employer policies relating to employee drug use

Sponsor

Sen. David Sater (R)

Summary

SB 610 - This act provides that an employer may refuse to accommodate the use of marijuana on its premises for any use described in Article XIV of the Missouri Constitution. The act further provides that an employer may institute a random drug-testing policy. Receipt of a positive drug test for marijuana may be considered grounds for dismissal in the case of an employee or, in the case of a prospective employee, refusal of employment.

This act is identical to SB 227 (2019).

Last Action

02/27/2020 S - Voted do pass from committee

SB619 - Requires public water systems and public water supply districts that intend to start or stop fluoridation of their water supply on a continuing basis to seek and receive information about the impact of fluoridation from the local health department

Sponsor

Sen. Wayne Wallingford (R)

Summary

SB 619 - This act requires any public water system or public water supply district that intends to start or stop fluoridation of its water supply on a continuing basis to seek and receive information about the impact of public water fluoridation from the local health department.

The public water system or public water supply district shall inform the Department of Natural Resources and the Department of Health and Senior Services that the water system or water district has sought and received information on the impact of public water fluoridation prior to submitting notification of the water system's or water district's intention to start or stop public water fluoridation on a continuing basis.

In cases of an investor-owned water system, the entity calling for the modifications to fluoridation shall be responsible for all costs associated with compliance.

This act is similar to SCS/SB 278 (2019), HB 975 (2019), and HB 2213 (2018).

Last Action

03/11/2020 H - House-Special Committee on Regulatory Oversight and Reform

SB632 - Extends the expiration date of the broadband internet grant program for unserved and underserved areas of the state from August 28, 2021 to June 30, 2027

Sponsor

Sen. Dan Hegeman (R)

Summary

SS/SB 632 - Currently, the broadband internet grant program for unserved and underserved areas of the state will expire on August 28, 2021. This act extends the program until June 30, 2027.

This act is similar to HB 1859 (2020).

Last Action

04/28/2020 H - Referred to House-Special Committee on Regulatory Oversight and Reform

SB646 - Modifies provisions relating to certain special taxing districts

Sponsor

Sen. Andrew Koenig (R) Summary

JOSH NORBERG

Last Action

04/28/2020 S - Placed on Informal Calendar

SB691 - Modifies provisions relating to automation adjustments paid by employers subject to the unemployment compensation laws

Sponsor

Sen. Mike Cunningham (R)

Summary

SCS/SB 691 - This act provides that any employer required to make contributions under the unemployment compensation laws shall pay an annual unemployment automation adjustment equal to .015% of its total taxable wages for the twelve-month period ending the preceding June 30th. The Division of Employment Security is permitted to lower this rate under certain circumstances.

This act has a delayed effective date of January 1, 2021.

This act is substantially similar to SB 161 (2019), HB 375 (2019), and a provision in SCS/HB 332 (2019).

Last Action

02/25/2020 S - Voted do pass as substitute from committee

SB699 - Restricts the inspection of grounds or facilities used for certain agricultural purposes

Sponsor

Sen. Jeanie Riddle (R)

Summary

SCS/SB 699 - This act specifies that the Missouri Department of Agriculture, the Missouri Department of Natural Resources, the county sheriff for the county in which the facility is located, the United States Department of Agriculture, and any other federal or Missouri state agency with statutory or regulatory authority shall have exclusive authority to inspect the grounds or facilities located in Missouri for the production of eggs, milk or other dairy products, the raising of livestock or poultry, or the production or raising of dogs or other animals that are not used to produce any food product. Unless requested by the owner of the grounds or facilities, no other entity may inspect the grounds or facilities to enforce or carry out the laws or administrative rules of another state.

The act shall not apply to inspections performed in charter counties or the city of St. Louis or to inspections performed on any manufacturing component of any production agriculture farm.

This act is similar to HB 1583 (2020) and the perfected HCS/HB 951 (2019).

Last Action

04/28/2020 S - Placed on Informal Calendar

SB700 - Allows the concealed carry of firearms on public transportation systems and the transporting of non-functioning or unloaded firearms on public buses

Sponsor

Sen. Bob Onder (R)

Summary

SB 700 - 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.

This act is identical to SB 39 (2019) and similar to SB 782 (2016) and SB 529 (2015).

Last Action

03/12/2020 S - Hearing Conducted

SB701 - Modifies provisions governing the authorization of the deduction of moneys from the paychecks of public employees for the benefit of public labor organizations

Sponsor

Sen. Bob Onder (R)

Summary

SB 701 - Under current law, a public body may withhold fees from public employee paychecks for the purpose of paying any portion of labor organization dues, agency shop fees, or any other fees paid to a labor organization only upon the annual consent of the public employee. Annual consent is also required for labor organizations to use such fees or dues for political purposes.

This act requires any such authorization to be submitted to the Department of Labor and Industrial Relations. Furthermore, the Department shall require clear and compelling evidence that the authorization was freely given. The Department is additionally required to create and maintain an electronic database whereby public employees can submit or revoke any authorization.

Last Action

04/28/2020 S - Placed on Informal Calendar

SB709 - Enacts provisions relating to traffic enforcement

Sponsor

Sen. Bill Eigel (R)

Summary

SB 709 - This act prohibits the use of automated traffic enforcement systems to establish evidence a motor vehicle or its operator has committed a traffic-related offense, or to impose or collect any civil or criminal fine, fee, or penalty for such offense. As used in the act, the term "automated traffic enforcement system" does not include systems or devices that would qualify as a "mobile video recorder" under the Sunshine Law.

State agencies and political subdivisions with automated traffic enforcement installation or maintenance contracts existing on the effective date of this act will be required to complete or terminate the contracts within one year, and thereafter must comply with the other provisions.

Notwithstanding any provision of law to the contrary, no state agency or political subdivision shall be exempt from the provisions of this act, except by explicit reference in state law to, or modification of, the provisions of the act.

The provisions of this act do not apply to data and information recorded at weigh stations managed by the Department of Transportation or the Highway Patrol.

This act is similar to SB 111 (2019), SB 847 (2018), HB 1386 (2018), SB 315 (2017), HB 275 (2017), and contains provisions similar to provisions in HCS/HB 380 (2017), HB 1945 (2016), HB 2486 (2016), and HB 234 (2015).

Last Action

01/30/2020 S - Referred to Senate Committee on General Laws

SB710 - Creates new provisions relating to occupational diseases diagnosed in first responders

Sponsor

Sen. Bill Eigel (R)

Summary

SB 710 - This act 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 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.

One or more compensable mental impairment claims arising out of a single accident shall constitute a single injury. Furthermore, a mental impairment shall not be considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.

This act is substantially similar to SB 281 (2019).

Last Action

02/11/2020 S - Voted do pass from committee

SB715 - Prohibits the enforcement of any federal rule or regulation promulgated by the United States Environmental Protection Agency unless the rule or regulation is approved by the General Assembly

Sponsor

Sen. Eric Burlison (R)

Summary

This act is similar to HB 222 (2017) and HB 2582 (2016).

Last Action

02/19/2020 S - Hearing Conducted

SB725 - Modifies provisions relating to political subdivisions Sponsor

Sen. Justin Brown (R)

Summary

HCS/SS/SB 725 - This act modifies provisions relating to political subdivisions.

JOINT COMMITTEE ON THE COVID-19 RESPONSE (Section 21.855):

The act establishes the Joint Committee on the COVID-19 Response. The Joint Committee shall study the impact of the COVID-19 pandemic on Missouri, including, but not limited to:

(1) The rate and spread of COVID-19 infections across the state;

(2) The impact of the COVID-19 pandemic in this state on individuals, business organizations, health care facilities, schools, local governments, and the state government;

(3) The relief efforts that have been implemented in this state by local governments and by the state government;

(4) Any further relief efforts that may be needed for individuals, business organizations, health care facilities, schools, local governments, and other entities throughout the state;

(5) The federal funds received by the state government to assist with COVID-19 relief efforts and any restrictions on the use of such funds;

(6) The ways in which the state and federal funds available for COVID-19 relief efforts should be distributed in order to provide the maximum relief in an efficient manner; and

(7) The impact of the COVID-19 pandemic on the economy of the state.

A priority of the committee shall be to provide information and assistance to the state government to ensure that funds provided to this state under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act and any other federal COVID-19 relief legislation are adequately distributed to local governments in this state.

The committee shall issue periodic reports to the members of the General Assembly and the Governor at such times as the committee deems appropriate. The reports shall include the findings of the committee under subsection 3 of this section and any other information relating to the COVID-19 pandemic that the committee deems relevant.

This provision is identical to a provision contained in HCS/SB 587 (2020).

COST OPENNESS AND SPENDING TRANSPARENCY ACT (Section 37.965):

This act creates the "Cost Openness and Spending Transparency (COST) Act", which requires that when persons or entities issue statements, press releases, or other documents, excluding communications with 280 characters or less, describing a project or program funded wholly or in part with state moneys, the dollar amount of state funds used shall be clearly indicated.

This provision is identical to HCS/HB 2555 (2020).

LOCAL GOVERNMENT EXPENDITURE DATABASE (Sections 37.1090-37.1098):

This act establishes the "Missouri Local Government Expenditure Database" to be maintained by the Office of Administration.

For each fiscal year beginning on or after December 31, 2022, the database shall include extensive information about a given municipality's or county's expenditures and the vendors to whom payments were made.

These provisions are identical to HB 1933 (2020). EMERGENCY DECLARATIONS (Section 44.080):

No state of emergency declared by a county executive shall be imposed or continue for more than 15 days without a 60% majority vote of the county governing body approving and setting the number of days beyond 15 days.

This provision is identical to a provision contained in HCS/SB 774 (2020) and HCS/SB 587 (2020).

COUNTY REGULATION OF COUNTY PROPERTY (Section 49.266)

Currently, the county commissions in all non-charter counties are authorized to promulgate regulations concerning the use of county property. This act authorizes the county commission in all first, second, third, and fourth classification counties to promulgate such regulations.

Additionally, please note that Section 49.266 appears twice in this act because it is doubly-enacted due to the Cole County Circuit Court decision in Calzone v. Koster, et al. (2016). This act repeals the version enacted by SB 672 (2014) and amends the version in effect prior to SB 672 (2014).

These provisions are identical to SS#2/SCS/HCS/HB 1854 (2020), SB 747 (2020), SB 464 (2019), HB 1269 (2018), and HB 1210 (2017).

COUNTY FINANCIAL STATEMENTS (Sections 50.800-50.820):

Under current law, by the first Monday in March of each year, non-charter first class counties must prepare and publish in a qualified newspaper a financial statement for the previous year.

These provisions are identical to HB 1814 (2020) and SB 859 (2020).

ST. LOUIS CITY ASSESSOR (Section 53.010):

This provision is identical to a provision contained in HCS/SS/SCS/SB 570 (2020), SS#2/SCS/HCS/HB 1854 (2020), HCS/SS/SCS/SB 594 (2020), and HB 1710 (2020).

This section shall not become effective until the passage and approval of a constitutional amendment allowing all county assessors to be elected.

CANDIDATES FOR COUNTY RECORDER (Sections 59.021 & 59.100)

This act provides that each candidate for county recorder shall provide an affidavit to the election authority that indicates the candidate is able to satisfy the bond requirements under the law. A recorder elected before January 1, 2021, shall have bond of no less than $1,000. A recorder elected after December 31, 2020, shall have a bond no less than $5,000.

These provisions are identical to HB 2368 (2020) and to provisions contained in SS#2/SCS/HCS/HB 1854 (2020).

COUNTY PROPERTY MAINTENANCE AND NUISANCE CODES (64.207):

These provisions are identical to HCS/HB 2336 (2020), SS#2/SCS/HCS/HB 1854 (2020), and HCS/SS/SCS/SB 594 (2020).

DOG ORDINANCES (Section 67.142):

This act provides that the state of Missouri occupies the entire field of legislation relating to the control and regulation of dogs.

This provision is identical to HCS/HBs 2241 & 2244 (2020). and to a provision contained in HCS/SS/SCS/SB 594 (2020).

TRANSIENT GUEST TAXES (Section 67.662):

This act allows a municipality, county, or local taxing entity to collect transient guest taxes only on the amount received by a hotel, motel, tavern, inn, tourist cabin, tourist camp, or other place in which rooms are furnished to the public.

This provision is identical to HB 2504 (2020).

AIM ZONES (Section 68.075):

Under current law, no advanced industrial manufacturing (AIM) zone may be established after August 28, 2023. This act extends such date to August 28, 2030.

This provision is identical to SB 636 (2020), HB 2334 (2020), and to a provision contained in HCS/SS/SCS/SB 594 (2020).

LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM (Section 70.705):

This provision is identical to a provision contained in HCS/SS/SCS/SB 594 (2020), and substantially similar to HB 1467 (2020) and to a provision contained in SCS/SB 768 (2020).

POLICE OFFICER RESIDENCY REQUIREMENTS (Sections 71.201 & 84.344):

These provisions shall not apply to the Missouri State Highway Patrol.

These provisions are identical to provisions contained in HCS/SS/SCS/SB 594 (2020) and substantially similar to SB 558 (2020).

APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS IN FOURTH CLASS CITIES (Section 79.235):

1) The board has no authority to set utility rates or to issue bonds;

2) The person resides within a 5-mile radius of the city limits;

3) The person owns real property or a business in the city;

4) The person or the person's business is a customer of the public utility that is owned and operated by the city; and

5) The person has no pecuniary interest in, or is not a member of, any other utility of the type managed by the board.

This provision is identical to a provision contained in SS#2/SCS/HCS/HB 1854 (2020) and similar to HB 1602 (2020).

COURT REPORTERS (Sections 89.080 & 485.060):

This act also provides that circuit court reporters with at least six years of service shall receive salary adjustments as described in the act.

These provisions are identical to HCS/HB 1819 (2020).

TRANSIENT GUEST TAXES (Section 94.842): This act authorizes the City of Springfield to submit to the voters a transient guest tax not to exceed 7.5% of the charges per occupied room per night. Such tax shall be used solely for capital investments that can be demonstrated to increase the number of overnight visitors.

This provision is identical to SB 387 (2019), HB 1073 (2019), and to a provision contained in HCS/SS/SCS/SB 594 (2020), SCS/SB 770 (2020), SS/SCS/SBs 46 & 50 (2019), SCS/HCS/HB 674 (2019), and SCS/HB 761 (2019), and similar to a provision contained in SS#2/SCS/HCS/HB 1854 (2020).

PUBLIC SAFETY SALES TAXES (Sections 94.900 and 94.902):

These provisions are identical to HCS/SS/SCS/SB 594 (2020), SB 873 (2020), HB 1701 (2020), HB 1309 (2020), HB 1726 (2020), and HB 1731 (2020), and similar to SS#2/SCS/HCS/HB 1854 (2020),

FINANCIAL REPORTS OF POLITICAL SUBDIVISIONS (Section 105.145):

The act authorizes the Director of Revenue to make a one-time reduction in the amount of outstanding fines for political subdivisions filing its first annual report after January 1, 2021, or if the Director determines the fine to be uncollectible, as described in the act.

This provision is identical to SS#2/SCS/HCS/HB 1854 (2020).

PROPERTY TAX ASSESSMENTS (Sections 137.115, 137.385, & 138.060):

Current law provides that, in any charter county or in St. Louis City, if a valuation of residential real property is made by computer, computer-assisted method, or a computer program, the burden of proof shall be on the assessor at any hearing or appeal. This act modifies such provision to require the burden of proof to be on the assessor at any hearing or appeal in any county in the state and St. Louis City, regardless of whether a computer, computer-assisted method, or a computer program was used. Current law requires assessors to conduct a physical inspection of a property prior to increasing the assessment of such property by more than 15%. This act requires such inspection prior to increasing an assessment by more than 10%. This act also modifies additional physical inspection requirements applicable only to St. Louis County by making such requirements applicable to the whole state.

This act also prohibits an increase in the valuation of any real property by more than ten percent from the previous assessed valuation, excluding new construction and improvements.

Section 137.115 shall not become effective until the passage and approval of a constitutional amendment authorizing a statutory limitation on increases in assessed valuations.

This act applies such provisions to appeals in all charter counties, first class counties, and the City of St. Louis.

IRON COUNTY SCHOOL FUND (Section 163.024):

This provision is identical to HCS/HB 1817 (2020) and to a provision contained in HCS/SS/SCS/SB 594 (2020).

PRIVATE COLLEGE CAMPUS PROTECTION ACT (Sections 173.2700-173.2712):

These provisions shall sunset on August 28, 2025, unless reauthorized by the General Assembly.

These provisions are identical to HCS/HB 1282 (2020) and are substantially similar to SB 729 (2020), SB 129 (2019), HCS#2/HB 105 (2019), SB 1047 (2018) and HB 2495 (2018).

ALTERNATIVE COUNTY HIGHWAY COMMISSIONS (Section 230.205):

This provision is identical to a provision contained in HCS/SS/SCS/SB 594 (2020).

WORKING ANIMALS (Section 262.760): Under this act, the right to utilize working animals, as defined in the act, is guaranteed. No law, ordinance, or rule shall be enacted by any political subdivision of the state that terminates, bans, or effectively bans, by creating undue financial hardship, the job or use of working animals or an enterprise employing working animals.

This provision is identical to SB 979 (2020), HCS/HB 1752 (2020), HCS/SS/SCS/SB 594 (2020), and similar to SB 416 (2019), SCS/HB 559 (2019), and HB 1021 (2019).

PROPERTY RESTRICTIONS ON SOLAR PANELS (Section 442.404):

This act shall apply only with regard to rooftops that are owned, controlled, and maintained by the owner of the property or structure.

This provision is identical to SB 1008 (2020) and HB 2526 (2020), and to a provision contained in HCS/SS/SB 618 (2020), and HCS/SS/SCS/SB 594 (2020).

CHANGE OF VENUE REIMBURSEMENT (Section 550.125):

This provision is similar to a provision contained in SCS/HBs 1450 et al. (2020) and HCS/SS/SCS/SB 594 (2020).

SUNSHINE LAW (Section 610.021):

This provision is identical to a provision contained in HCS/SS/SCS/SB 594 (2020).

TIME ZONES (Section 620.2250):

This act establishes the "Targeted Industrial Manufacturing Enhancement Zones Act".

The zone board shall submit an annual report to the Department and to the General Assembly, as described in the act.

No political subdivision shall establish a TIME zone with boundaries that overlap the boundaries of an advanced industrial manufacturing (AIM) zone.

The total amount of withholding taxes retained by TIME zones under this act shall not exceed $5 million per year.

This act shall sunset on August 28, 2026, unless reauthorized by the General Assembly.

BROADBAND INTERNET GRANT PROGRAM (Section 620.2459):

Currently, the broadband internet grant program for unserved and underserved areas of the state will expire on August 28, 2021. This act extends the program until August 28, 2027. (Section 620.2459)

This provision is similar to SS/SB 632 (2020), SS/SCS/HB 1768 (2020), HCS/SS/SCS/SB 594 (2020), and HB 1859 (2020).

LAND CONVEYANCES (Sections 1-14):

This act authorizes the conveyance of certain state property in the following locations (Sections 1-17):

• Cole County to the Heartland Port Authority of Central Missouri

• City of Fulton

• St. Francois County

• City of Rolla to Edgewood Investments

• City of Kirksville

• Macon County

• City of St. Louis

• Wyandotte County, Kansas

• Pike County to the State Highways and Transportation Commission

• Iron County to the State Highways and Transportation Commission

• City of Moberly

• Ste. Genevieve County to the National Park Service

These sections contain provisions that are identical to SB 585 (2020), SB 851 (2020), SB 948 (2020), SB 969 (2020), SB 1023 (2020), SCS/HB 1330 (2020), HCS/HB 1696 (2020), HB 1876 (2020), HCS/HB 2315 (2020), HB 2405 (2020), and HCS/SS/SCS/SB 594 (2020). The act contains an emergency clause for certain conveyances of property in St. Francois County and Ste. Genevieve County.

HA #1: MODIFIES PROVISIONS RELATING TO PROPERTY TAX ASSESSMENTS.

HA #2: CHANGES THE PHRASE "CITY/TOWN/VILLAGE" TO "POLITICAL SUBDIVISION" IN A PROVISION RELATING TO THE QUESTION OF WHETHER A POLITICAL SUBDIVISION SHALL BE DISINCORPORATED.

HA #4: MODIFIES A PROVISION RELATING TO A COUNTY BEING REIMBURSED FOR COSTS ASSOCIATED WITH CHANGE OF VENUE IN CAPITAL CASES.

HA #5: ADDS PROVISIONS RELATING TO TOURISM TAXES.

HA #6: ESTABLISHES A PROCEDURE FOR THE REMOVAL AND DISPOSAL OF ABANDONED AIRCRAFT ON AIRPORT PROPERTY.

HA #8: MODIFIES PROVISIONS RELATING TO THE SECRETARY OF STATE.

ALLOWS CERTAIN STATE EMPLOYEES TO RUN FOR A PARTISAN POLITICAL OFFICE.

CREATES NEW PROVISIONS RELATING TO THE FUNDING OF INAUGURAL ACTIVITIES.

MODIFIES THE DEFINITION OF "LEGISLATIVE LOBBYIST".

MODIFIES PROVISIONS RELATING TO CERTAIN FINANCIAL INTEREST STATEMENTS.

MODIFIES PROVISIONS RELATING TO ABSENTEE VOTING.

MODIFIES PROVISIONS RELATING TO CANDIDATES FILING FOR ELECTION FOR PUBLIC OFFICE IN ST. LOUIS.

MODIFIES PROVISIONS RELATING TO INITIATIVE AND REFERENDUM PETITIONS.

EXTENDS SEVERAL SUNSET DATES FOR FEES COLLECTED BY THE SECRETARY OF STATE.

THIS AMENDMENT CONTAINS A NONSEVERABILITY CLAUSE AND AN EMERGENCY CLAUSE FOR CERTAIN SECTIONS.

HA #9: ESTABLISHES PROCEDURES FOR THE DISTRIBUTION OF MONEYS RECEIVED FROM MINING ROYALTIES ON FEDERAL LAND WITHIN THE STATE.

HA #10: REMOVES A PROVISION PROHIBITING TOWNS AND CITIES FROM REQUIRING A LAW ENFORCEMENT OFFICE RESIDE WITHIN ANY JURISDICTIONAL LIMIT.

ADDS A THE DEFINITION OF "COMMUNITY PARAMEDIC" AND "PARAMEDIC" AND REPEALS SEVERAL PROVISIONS RELATING TO EMERGENCY SERVICE PERSONNEL.

STATES THAT NO EMPLOYEE OF A FIRE DEPARTMENT OF ST. LOUIS SHALL BE REQUIRED TO RESIDE WITHIN CITY LIMITS. FURTHER STATES THAT NO COUNTY SHALL REQUIRE ATTENDANCE AT A SPECIFIC TRAINING ACADEMY BY ANY CANDIDATE FOR A FIREFIGHTER POSITION.

REMOVES TWO SECTIONS AUTHORIZING THE CONVEYANCE OF CERTAIN STATE PROPERTY LOCATED IN COLE COUNTY.

HA #11: ADDS ALL PUBLIC EMPLOYEE RETIREMENT SYSTEMS AND QUASI-GOVERNMENTAL ENTITY EMPLOYEE SALARIES TO THE GOVERNMENT ACCOUNTABILITY PORTAL.

HA #12: ALLOWS SOUTHEAST MISSOURI STATE UNIVERSITY TO DEVELOP A STATEWIDE MISSION. THE AMENDMENT ALSO MODIFIES PROVISIONS RELATING TO THE BOARD OF GOVERNORS OF SEMO. STATES THAT HARRIS-STOWE STATE UNIVERSITY IS DESIGNATED AND SHALL BE OPERATED AS AN INSTITUTION WITH A STATEWIDE MISSION IN STEM.

HA #13: ALLOWS PERSONAL DELIVERY DEVICES TO OPERATE ON SIDEWALKS AND ROADWAYS.

HA #14: ADDS PROVISIONS RELATING TO COST TRANSPARENCY WITH AN EMERGENCY CLAUSE

HA #15: ESTABLISHES PROCEDURES RELATING TO LAND USE PERMITS FOR HISTORIC LANDFILLS.

HA #16: ALLOWS A PERSON TO APPLY FOR A MARRIAGE LICENSE ELECTRONICALLY.

HA #17: MODIFIES PROVISIONS RELATING TO FIRE PROTECTION DISTRICTS WITH AN EMERGENCY CLAUSE.

HA #18: AUTHORIZES THE VILLAGE OF LAMAR HEIGHTS TO LEVY A SALES TAX UPON VOTER APPROVAL FOR PURPOSES OF IMPROVING PUBLIC SAFETY.

AUTHORIZES A TRANSIENT GUEST TAX IN THE CITY OF ASHLAND AND CAMERON UPON VOTER APPROVAL.

HA #19: MODIFIES PROVISIONS RELATING TO THE TARGETED INDUSTRIAL MANUFACTURING ENHANCEMENT ZONES ACT.

REPEALS PROVISIONS RELATING TO A TAX CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY AND ELECTRIC VEHICLE RECHARGING PROPERTY TAX CREDIT.

HA #20: MODIFIES A PROVISION ABOUT RESOLUTIONS FOR A SALES AND USE TAX ON RETAIL SALES WITHIN A POLITICAL SUBDIVISION.

HA #21: AUTHORIZES A TRANSIENT GUEST TAX IN THE CITY OF BUTLER UPON VOTER APPROVAL.

Last Action

05/12/2020 H - Reported Do Pass Committee

SB728 - Modifies provisions regarding arbitration agreements between employers and employees

Sponsor

Sen. Tony Luetkemeyer (R)

Summary

SB 728 - In arbitration agreements between an employer and an employee, the arbitrator shall make all initial decisions as to arbitrability, which includes deciding whether the parties have agreed to arbitration, whether the arbitration agreement is valid and enforceable, and whether specific claims are arbitrable. Furthermore, the act establishes certain criteria for when the arbitrator shall determine that the arbitration agreement is valid. On motion by a party showing that the arbitration agreement does not expressly delegate the issue of arbitrability to the court, the court shall stay the action and order the parties to proceed to arbitration. These provisions shall not apply to arbitration agreements contained in a collective bargaining agreement nor shall these provisions be construed as the exclusive means for entering into a valid and enforceable arbitration agreement.

Additionally, any clause in an arbitration agreement between an employer and an at-will employee that requires arbitration proceedings to be confidential and nondisclosable shall not be enforceable as to claims of sexual harassment, sexual assault, or claims of discrimination based on a protected status.

This act is similar to SS/SB 154 (2019), HB 503 (2019), SB 578 (2018), SB 831 (2018), provisions in SCS/SB 1102 (2018), HB 1402 (2018), HB 1512 (2018), HB 2552 (2018), the perfected version of SB 45 (2017), HCS/HB 156 (2017), HB 976 (2017), SCS/SB 746 (2016), HCS/HB 1718 (2016), SB 412 (2015), and HB 928 (2015).

Last Action

02/18/2020 S - Voted do pass from committee

SB730 - Modifies provisions relating to publication of notice

Sponsor

Sen. David Sater (R)

Summary

SB 730 - This act 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.

This act is substantially similar to SB 515 (2019).

Last Action

03/03/2020 S - Hearing Conducted

SB735 - Requires certain disclosures to be made by entities entering into contracts with public entities

Sponsor

Sen. Scott Sifton (D)

Summary

SB 735 - This act establishes the "Transparency in Government Contracting Act" requiring any person, corporation, association, firm, partnership, proprietorship, or business entity of any kind or character entering into a contract with a public agency to disclose any payments made to a political organization.

Furthermore, any person with a substantial interest in a corporation, association, firm, partnership, proprietorship, or business entity of any kind or character entering into a contract with a public agency shall disclose any payments made of five hundred dollars or more annually to a political organization.

Failure to timely file a disclosure is considered a material breach of contract, and in addition to other remedies, the contractor shall be subject to liquidated damages equal to five percent of the total contract price, and any payments on the contract due to the contractor shall be held until the contractor makes the required filing. The liquidated damages may, at the discretion of the public agency, be deducted from any payments due the contractor.

This act is identical to SB 148 (2019) and substantially similar to SB 1060 (2018).

Last Action

02/13/2020 S - Referred to Senate Committee on Rules, Joint Rules, Resolutions, and Ethics

SB739 - Prohibits public bodies from entering into certain contracts Sponsor

Sen. Bob Onder (R)

Summary

This bill creates the "Anti-Discrimination Against Israel Act". This act prohibits public entities from entering into certain contracts with a company unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of goods or services from the State of Israel or any company, or person or entity, doing business with or in the State of Israel. Any contract failing to comply with the provisions of this bill shall be void against public policy.

This bill does not apply to contracts with a total potential value of less than $100,000 or to contractors with fewer than 10 employees.

Last Action

05/14/2020 H - Truly Agreed and Finally Passed

SB750 - Modifies law regarding service animals

Sponsor

Sen. Bill White (R)

Summary

SB 750 - This act adds "mental health service dog" to the definition of a service dog. A mental health service dog, or a psychiatric service dog, is a dog that has been individually trained for an owner who has a psychiatric disability, medical condition, or developmental disability. The dog is trained to perform tasks to mitigate or assist the owner with difficulties directly related to the disability.

These provisions are similar to provisions in HCS/HB 107 (2019), HB 1369 (2019), HB 262 (2017), HCS/HB 1907 (2018), HCS/SS/SCS/SB 918 (2018), and SB 335 (2017), HCS/HB 1428 (2016), HB 787 (2015), and HB 142 (2015).

Under this act, any person knowingly misrepresenting a dog as a service dog, as described in the act, for the purposes of receiving accommodations regarding service dogs under the Americans with Disabilities Act shall be guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for each subsequent offense. Additionally, any person knowingly misrepresenting any animal as an assistance animal, as described in the act, for the purposes of receiving accommodations regarding assistance animals under the Fair Housing Act or the Rehabilitation Act shall be guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for each subsequent offense.

The Missouri Commission on Human Rights shall use its existing complaint hotline to receive reports of individuals impersonating a person with a disability, misrepresenting a dog as a service dog, or misrepresenting an animal as an assistance animal. The Governor's Council on Disability shall prepare and make available online a placard for posting in a front window or door of a business stating that service dogs are welcome and that misrepresenting a service dog is a violation of Missouri law. The Council shall also prepare and make available a brochure detailing guidelines regarding service dogs and assistance animals.

These provisions are similar to provisions in HCS/HB 107 (2019), SCS/SB 107 (2019), HCS/HB 2031 (2018), and HCS/SS/SCS/SB 918 (2018).

Last Action

03/03/2020 S - Hearing Conducted

SB760 - Creates new provisions of law relating to labor organizations

Sponsor

Sen. Eric Burlison (R)

Summary

SB 760 - Under this act, employers are barred from requiring employees to become, remain, or refrain from becoming a member of a labor organization or pay dues or other charges required of labor organization members as a condition of employment.

Any person who violates or directs another to violate this act is guilty of a Class C misdemeanor. Moreover, any person injured as a result of violation or threatened violation of this act is entitled to injunctive relief and certain other damages.

Prosecuting attorneys, circuit attorneys, and the Attorney General are charged with investigating complaints under this act.

The provisions of this act do not apply to any agreement between an employer and a labor organization entered into before the effective date of this act but shall apply to any such agreement upon its renewal, extension, amendment, or modification in any respect after the effective date of this act.

This act is identical to SB 63 (2019) and the truly agreed to and finally passed SS#2/SB 19 (2017) and substantially similar to HCS/HB 91 (2017), HB 42 (2017), HB 131 (2017), HB 265 (2017), HB 314 (2017), SB 667 (2016), SCS/HCS/HB's 116 & 569 (2015) which was vetoed by the Governor and SCS/SB 127 (2015), HB 1462 (2016), SB 76 (2013), SB 547 (2012), SB 614 (2012), SB 438 (2012), SB 109 (2011), SB 1 (2011), SB 888 (2010), and HB 877 (2005).

Last Action

02/13/2020 S - Referred to Senate Committee on Government Reform

SB768 - Allows each political subdivision in Missouri Local Government Employees' Retirement System to elect a member contribution amount of 2% or 6%

Sponsor

Sen. Bob Onder (R)

Summary

SCS/SB 768 - Currently, member contributions for the Missouri Local Government Employees' Retirement System are 0% or 4% of compensation. This act allows each political subdivision to elect an alternative member contribution amount of 2% or 6% of compensation. If a political subdivision elected a benefit program for certain members covered concurrently by Social Security and another for those members not covered concurrently by Social Security, the political subdivision may also elect one member contribution for those members who are covered and another contribution amount for those members who are not covered.

This act is substantially similar to provisions in the truly agreed to and finally passed HCS/SCS/SB 599 (2020), in the truly agreed to and finally passed SS/SCS/HB 1467 & HB 1934 (2020), in HCS/SS/SCS/SB 594 (2020), and in HCS/SCS/SB 725 (2020).

Last Action

04/28/2020 S - Placed on Informal Calendar

SB773 - Modifies the powers of Neighborhood Improvement Districts to include the power to construct, reconstruct, install, repair, maintain, and equip telecommunications facilities.

Sponsor

Sen. Jeanie Riddle (R)

Summary

SB 773 - This act modifies the powers of neighborhood improvement districts to include improvement of telecommunication facilities and community improvement districts to include the power to construct, reconstruct, install, repair, maintain, and equip telecommunications facilities.

Last Action

02/13/2020 S - Referred to Senate Committee on Commerce, Consumer Protection, Energy, and the Environment

SB781 - Modifies provisions relating to law enforcement assistance programs

Sponsor

Sen. Justin Brown (R)

Summary

This act repeals that provision and, in its place, allows any county and the city of St. Louis to be eligible to receive funding under the program.

Last Action

02/27/2020 S - Voted do pass from committee

SB807 - Modifies the powers of Neighborhood Improvement Districts to include the power to construct, reconstruct, install, repair, maintain, and equip telecommunication facilities

Sponsor Sen. Sandy Crawford (R)

Summary

SB 807 - This act modifies the powers of neighborhood improvement districts to include improvement of telecommunication facilities and community improvement districts to include the power to construct, reconstruct, install, repair, maintain, and equip telecommunications facilities.

This act is identical to SB 773 (2020).

Last Action

03/11/2020 S - Hearing Conducted

SB819 - Modifies the Historic Preservation tax credit

Sponsor

Sen. Wayne Wallingford (R)

Summary

SB 819 - This act modifies provisions relating to the Historic Preservation tax credit, and renames such tax credit the "Missouri Historic, Heritage, Tourism, and Rural Revitalization Act".

This act allows counties to designate certain structures as "essential community or heritage facilities", which shall be structures that are historic county courthouses located in a qualifying county, as defined in the act, or structures that are significant in the history, architecture, archeology, or culture of the state or its communities, which shall have been constructed at least 50 years prior to an application for tax credits, and which shall have at least $100,000 in estimated eligible costs and expenses to be incurred in the rehabilitation of such structure. $5 million of the amount of tax credits that may be authorized under this act shall be reserved for essential community or heritage facility projects that are historic county courthouses, provided that no county shall have more than two such projects approved in a given fiscal year, and provided that such projects shall only receive tax credits from the reserved amount. If the maximum amount reserved for such projects is authorized in any fiscal year, the amount reserved shall be increased by $1 million, provided that no more than $10 million shall be reserved for such projects. Any amount of reserved tax credits not authorized by March 31 of a fiscal year shall no longer stand reserved, and may be authorized for any project under the act.

Current law limits the amount of tax credits that may be issued under this act to $90 million, with an additional $30 million available for projects that are located in a qualified census tract, as defined in the act. This act modifies such provision to provide that the $90 million limit shall be used only for projects not located in a qualified census tract. If the maximum amount of the $30 million allowed for projects located in a qualified census tract is authorized, such projects may be authorized under the $90 million limit, provided such maximum amount has not been authorized.

This act also modifies the tax credits which may be claimed under the act for residential structures. Currently, such structures shall be non-income producing single-family, owner-occupied residential property. This act allows the structure to be either owner-occupied or occupied by a relative within the third degree of consanguinity of the applicant. For applications approved on or after July 1, 2020, any residential project located in a county that is not a qualified county shall only receive tax credits if it is located in a distressed area, as described in the act. (Section 253.550)

Currently, the amount of tax credits that a project may receive is limited to 25% of the total costs and expenses of rehabilitation incurred. This act modifies such amount for residential projects to 25% of total costs or $50,000, whichever is less. For essential community or heritage facility projects that are historic county courthouses, such amount shall be 50% of total costs or $500,000, whichever is less. For all other projects located in a qualifying county, such amount shall be 35% of total costs. For all other projects located in a county that is not a qualifying county, such amount shall remain 25%. (Section 253.545)

This act modifies the carry-back and carry-forward provisions of tax credits issued under this act by reducing such periods from a 3-year carry-back and 10-year carry-forward to a 1-year carry-back and 5-year carry-forward for all tax credits authorized on or after July 1, 2020.

Current law prohibits not-for-profit entities from receiving historic preservation tax credits. This act allows such entities to claim such tax credits. (Section 253.557)

If the scope of an approved project materially changes, such project shall be eligible to receive additional tax credits, as described in the act. If the project was originally approved prior to August 28, 2018, the Department shall evaluate the change in scope under the criteria in effect prior to such date. (Section 253.559.4)

Projects that receive approval for tax credits shall commence rehabilitation within eighteen months, rather than nine months, of the date of approval. Additionally, "commencement of rehabilitation" shall mean that as of the date that physical work has begun, the taxpayer shall have incurred no less than twenty percent, rather than ten percent, of the estimated costs of rehabilitation. Taxpayers shall notify the Department of Economic Development of any loss of site control, or of failure to obtain site control, within ten days of such failure. Taxpayers may voluntarily forfeit project approval at any time. The amount of tax credits authorized for such forfeited or rescinded project shall be made available for other projects. If a taxpayer later submits an application for the same project, any expenditures which are incurred after the date of the rescinded or forfeited approval shall remain eligible expenditures for the purposes of determining the amount of tax credits. (Section 253.259.8)

After completion of a project, the taxpayer is required to submit an application for the final approval of costs and issuance of tax credits. Within 60 days of receipt of such application, the Department shall issue to the taxpayer tax credits in the amount of 75% of the amount of tax credits for which the taxpayer is eligible based on the application for final approval, or 75% of the amount of tax credits approved under the initial application, whichever is less. Within 120 days of an application for final approval, the Department shall make a determination of final costs and the amount of tax credits to be issued, and shall issue the balance of tax credits owed to the applicant and not issued in the initial tax credit issuance. If the amount initially issued exceeds the amount that the taxpayer is eligible for, as determined by the Department's final approval, the taxpayer shall repay such excess amount to the Department. (Section 253.559.9)

An applicant or their duly authorized representative may appeal any official decision made by the Department with regard to the application submitted to an independent third-party appeals officer designated by the Department. Such appeal shall be submitted in writing within 30 days of the applicant's receipt of the decision being appealed. The appeals officer shall deliver a written decision no later than 90 days after initial receipt of the appeal. (Section 253.559.12)

Current law allows the Department to charge a fee of 4% of the value of tax credits issued under the act for deposit in the Economic Development Advancement Fund, with 37.5% of such revenue appropriated for business recruitment and marketing and the remainder appropriated for various purposes in the Department. This act modifies such provision to distribute the revenues as follows: 37.5% in the Economic Development Advancement Fund for business recruitment and marketing, 25% to the Department for the administration of the act, 25% to the Department of Natural Resources for the administration of the act, and the remaining 12.5% to the Economic Development Advancement Fund for purposes allowed by current law. (Section 620.1900)

This act is substantially similar to SB 1032 (2018) and HB 2717 (2018).

Last Action

03/12/2020 S - Committee hearing cancelled - Economic Development - 03/17/20 - 10:30 am or upon morning recess - SCR 1

SB828 - States that certain records of municipally owned utilities may be closed under the Sunshine Law

Sponsor

Sen. Lincoln Hough (R)

Summary

SB 828 - This act adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law.

This act is similar to SCS/SB 453 (2019) and HCS/HB 1098 (2019).

Last Action

02/13/2020 S - Referred to Senate Committee on Commerce, Consumer Protection, Energy, and the Environment

SB845 - Provides that defendants in tort actions shall only be held severally liable and not jointly Sponsor

Sen. Eric Burlison (R)

Summary

SB 845 - Currently, in all tort actions when a defendant is found to bear fifty-one percent or more of the fault then the defendant is jointly and severally liable for the judgment amount. This act states that the liability of each defendant for damages shall not be joint. Each defendant is liable only for the amount of damages in direct proportion to the defendant's percentage of fault.

The trier of fact shall consider the fault of all persons who contributed to the plaintiff's injury regardless of whether the person is a party to the suit.

Fault of a nonparty may be considered if the plaintiff entered into a settlement with the nonparty or if the defendant gives notice before trial that a nonparty was at fault. Findings of fact regarding the fault of a nonparty shall not subject the nonparty to liability or be introduced as evidence of liability in any action.

This act is similar to SB 678 (2018), a provision in SCS/SB 1102 (2018), SB 383 (2017), SB 736 (2016), HB 2287 (2016), SB 140 (2015), SB 830 (2014), and SCS/SB 589 (2014).

Last Action

02/20/2020 S - Referred to Senate Committee on Government Reform

SB874 - 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

Sponsor

Sen. David Sater (R)

Summary

SB 874 - This act 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, or user fees, but shall not have the power to levy, assess, apportion, or collect any tax upon property within the district nor upon any of its members.

The act also sets forth the composition and operation of the district governing board.

Last Action

03/11/2020 S - Hearing Conducted

SB876 - Modifies provisions relating to the composition of off- highway vehicles

Sponsor

Sen. Doug Libla (R)

Summary

SCS/SB 876 - This act modifies the definitions of certain off-highway vehicles.This act provides that in addition to the other requirements specified in the definition, a vehicle need only meet the seating and handlebar requirements "or" the maximum width requirement to meet the definition of "all-terrain vehicle", and specifies that the width shall be measured from the outsides of the tire rims. (Sections 300.010(2), 301.010(1), 407.815(2), 407.1025(2), and 577.001(3)). Certain definitions, specifying that the vehicles are equipped with low-pressure tires, are amended to instead specify that the vehicles are equipped with "nonhighway" tires, and provisions specifying the vehicles are equipped with a seat designed to be straddled by the operator, and handlebars for steering control, are repealed under the act. These definitions are also modified to specify a maximum weight of 1,500 pounds rather than 600 pounds, (sections 300.010(2), 407.815(2), and 407.1025(2)) or rather than 1,000 pounds (section 577.001(3)). The enacted definitions of "all-terrain vehicle" are identical to one another.The act also modifies the definition of "recreational off-highway vehicle" by specifying a maximum width of 80 inches, rather than 67 inches. The act also provides that the width shall be measured from the outsides of the tire rims, and specifies a maximum unladen dry weight of 3,500 pounds rather than 2,000 pounds. (Section 301.010(49))Lastly, the definition of "utility vehicle" is modified to specify a maximum width of 80 inches, rather than 67 inches. The act also provides that the width shall be measured from the outsides of the tire rims, and specifies a maximum unladen dry weight of 3,500 pounds rather than 2,000 pounds. (Section 301.010(70))

Last Action

03/12/2020 S - Voted do pass as substitute from committee

SB882 - Enacts provisions relating to transportation devices

Sponsor

Sen. Paul Wieland (R)

Summary

SB 882 - This act enacts provisions relating to transportation devices. The act modifies the state's model local traffic ordinances, which political subdivisions may but are not required to adopt, to provide that motorized bicycles weighing less than 60 pounds may be operated on a sidewalk in accordance with the current requirements for bicycles. (Section 300.347)

The act specifies that motorized bicycles shall be considered vehicles for the purposes of public safety offenses. (Section 307.180)

No person under the age of 16 years shall operate a shared motorized bicycle (SMB), as defined in the act, in this state. (Section 307.220.2). No person shall operate a SMB in the state at a speed greater than 15 miles per hour. (Section 307.220.3). No person shall park a motorized bicycle on a sidewalk in a way that impedes pedestrians, nor in violation of county or municipal parking regulations. (Section 307.220.4). A violation of these provisions shall be a class D misdemeanor. (Section 307.220.8)

A SMB shall be labeled with visible language identifying its use in a SMB system, and shall bear a unique identification number as specified in the act. (Section 307.220.5-6). No SMB system shall operate or deploy SMBs in the state without providing insurance coverage as specified in the act. No SMB system shall operate or deploy SMBs, or allow SMBs to be operated or deployed, in violation of this act or of any ordinance or rule adopted by a political subdivision. (Section 307.220.7). The owner or operator of a SMB system operating or deploying a SMB in violation of these provisions shall be guilty of a class D misdemeanor. (Section 307.220.8)

Counties and municipalities may regulate or prohibit the operation of SMBs and SMB systems within their jurisdiction, including but not limited to requiring protective headgear, and may provide for separate or modified regulations or prohibitions based on vehicle characteristics or operator age. (Section 307.224.1). No SMB system shall operate or deploy SMBs without first obtaining authorization or permission from the county or municipality in which the SMBs will be operated or deployed. Authorization or permission to operate a SMB or SMB system may be conditioned on certain requirements as specified in the act. (Section 307.224.2). Counties and municipalities may require the operator of a SMB system to provide anonymized fleet and ride activity data, provided that individuals' privacy is protected as specified in the act. (Section 307.224.3). Information received under these provisions shall be subject to disclosure under the Sunshine Law only after aggregation and anonymization sufficient to protect individuals' privacy. (Section 307.224.4)

The act also requires SMB systems to provide insurance coverage as specified in the act. (Section 379.1750). A SMB system shall maintain, for the operation and charging of SMBs, a policy of commercial general liability insurance in the amount of $1,000,000 per occurrence for death, bodily injury, and property damage. (Section 379.1750.2). The required coverage shall provide coverage beginning with the first dollar of the claim, and shall specify that the insurer has a duty to defend the claim. (Section 379.1750.3). The policy may be placed with an insurer licensed in this state to sell the policy, or by an eligible surplus lines producer as provided by law. (Section 379.1750.4). Other insurers issuing motor vehicle or other insurance may exclude or limit coverage for the operation of SMBs. (Section 379.1750.5)

Last Action

03/04/2020 S - Hearing Conducted

SB905 - Provides that personnel of municipal police forces will not be subject to a residency requirement

Sponsor

Sen. Bill Eigel (R)

Summary

SB 905 - This act provides that no city, village, town, county, township, or board of police shall require, as a condition of employment, any residency rule or requirement for current or prospective law enforcement officers, unless the rule is no more restrictive than requiring such personnel to reside within a 30 minute response time.

The provisions of this act shall not apply to the Missouri State Highway Patrol.

This act is substantially similar to SB 558 (2020).

Last Action

02/27/2020 S - Referred to Senate Committee on Local Government and Elections

SB936 - Establishes the Missouri Video Lottery Control Act

Sponsor

Sen. Karla May (D)

Summary

SB 936 - This act establishes the Missouri Video Lottery Control Act.

Video lottery game terminals may be placed in fraternal organizations, veterans' organizations, and truck stops, convenience stores, bars and restaurants, liquor stores, and grocery stores, as defined in the act. (Section 313.427(3))

The Commission may impose a non-refundable application fee, as described in the act. Manufacturers, operators, distributors, handlers, and retailers shall be required to annually remit a license fee. The Commission shall issue provisional licenses as described in the act. (Sections 313.429.3 and 313.431)

Video lottery game operators and video lottery game retailers shall enter into a written agreement for the placement of video lottery game terminals. The agreement shall specify a division of adjusted gross receipts between the operator and retailer after adjustments for taxes and administrative fees are made. Video lottery game operators are prohibited from offering, promising, or tendering any property or advantage to influence a video lottery game retailer for the placement of video lottery terminals. Persons violating such prohibition are subject to the suspension or revocation of his or her video lottery game operator's license. (Section 313.429.7)

Operators shall not operate more than five terminals at one retail establishment, except fraternal organizations, veterans organizations, and truck stops may operate up to ten terminals. (Section 313.429.8)

A person under the age of twenty-one shall not play video lottery games, and such video lottery game terminals shall be under the supervision of a person that is at least twenty-one years of age. Recorded video surveillance shall be made available as reasonably and specifically requested by the Commission. An operator that fails to review such video and report any known violation of law may be subject to an administrative fine not to exceed $5,000. Any operator or retailer found to have knowingly committed a violation of provisions governing the conduct of video lottery games may be subject to a fine of $5,000, the suspension of such operator's of retailer's license for up to thirty days, or, in the case of repeated violations, the revocation of such operator's or retailer's license for up to one year. (Section 313.429.9)

Video lottery game operators shall pay to the Commission thirty-six percent of the video lottery game adjusted gross receipts. The net proceeds of the sale of video lottery game tickets shall be appropriated to public elementary and secondary education and public institutions of higher education, with an emphasis on science, technology, engineering, and mathematics (STEM) and workforce development programs. The Commission shall compensate the administrative costs of the city or county in which a video lottery retailer maintains an establishment in an amount equal to four percent of the video lottery game adjusted gross receipts.

Sixty-four percent of video lottery game adjusted gross receipts shall be retained by video lottery game operators, a portion of which shall be utilized to pay for the cost of the centralized computer system. The remainder shall be divided between video lottery game operators and video lottery game retailers as provided under an agreement. (Section 313.429.10)

The Commission may contract with a state law enforcement entity to assist in conducting investigations into applicants for licenses and to investigate violations of the provisions of the act. (Section 313.429.12)

The use or possession of any video lottery game terminal that is not licensed by the Lottery Commission shall be punishable under the provisions of Chapter 572 relating to illegal gambling. (Section 313.429.13)

This act allows a municipality or county to adopt an ordinance within one hundred twenty days of the effective date of this act prohibiting video lottery game terminals within the municipality or county. (Section 313.435)

LOTTERY COMMISSION

This act allows the Lottery Commission to incur fees when accepting debit cards or other electronic payment methods, except credit cards, for the sale of lottery game plays. (Section 313.360)

This act is substantially similar to SB 566 (2020), HB 423 (2019), and SB 452 (2017), and to provisions contained in SB 643 (2020), SCS/SBs 327 & 43 (2019), SS#3/SCS/SB 44 (2019), and SS/SCS/SB 767 (2018), and are similar to HB 990 (2017) and to provisions contained in SB 187 (2019).

Last Action

03/11/2020 S - Hearing Conducted

SB979 - Enacts provisions relating to working animals

Sponsor

Sen. Wayne Wallingford (R)

Summary

SB 979 - Under this act, the right to utilize working animals, as defined in the act, is guaranteed. No law, ordinance, or rule shall be enacted by any political subdivision of the state that terminates, bans, or effectively bans, by creating undue financial hardship, the job or use of working animals or an enterprise employing working animals.

This act is identical to HCS/HB 1752 (2020) and similar to SB 416 (2019), SCS/HB 559 (2019), and HB 1021 (2019).

Last Action

03/05/2020 S - Referred to Senate Committee on Agriculture, Food Production, and Outdoor Resources

SJR35 - Modifies the use of census data for the purposes of redistricting

Sponsor

Sen. Jamilah Nasheed (D)

Summary

SJR 35 - This constitutional amendment, if approved by the voters, requires that, in each year in which the U.S. Census is taken and in which the Bureau of the Census allocates incarcerated persons as residents of correctional facilities, the Department of Corrections shall deliver to the nonpartisan state demographer a report including certain information on each incarcerated person subject to the jurisdiction of the Department of Corrections, including the last known address or other legal residence of the incarcerated person prior to incarceration.

The nonpartisan state demographer shall prepare redistricting population data to reflect incarcerated persons at their residential address prior to incarceration. Such data shall be the basis of representative and senatorial districts. Incarcerated persons residing at unknown geographic locations shall not be used to determine the ideal population of any district, but shall be allocated to a state unit not tied to a specific determined geography.

The data prepared by the nonpartisan state demographer shall be completed and published no later than thirty days from the date of the publishing of the decennial census data for the state.

Last Action

03/03/2020 S - Hearing Conducted

Track: Envir Energy & Sustainable Dev HB1408 - Modifies the membership of the "Clean Water Commission."

Sponsor

Rep. Robert Sauls (D)

Summary

Currently, at least two members of the Missouri Clean Water Commission must be knowledgeable about the needs of agriculture, industry, or mining, and not more than four members must represent the public. This bill modifies the composition of the Missouri Clean Water Commission so that two members must be knowledgeable about the needs of agriculture, industry, or mining, and four members must represent the public.

This bill is the same as HB 921 (2019) and HB 1850 (2018).

Last Action

05/15/2020 H - Referred to House committee on Conservation and Natural Resources

HB1547 - Establishes the Prescribed Burning Act which protects a landowner from liability for a prescribed burning

Sponsor

Rep. Jeff Shawan (R)

Summary

This bill creates the "Prescribed Burn Act", which specifies that any landowner or agent of a landowner will not be liable for damage, injury, or loss caused by a prescribed burn, as defined in the bill, or the resulting smoke of a prescribed burn so long as the burn is conducted at the direction of a certified prescribed burn manager in accordance with a written prescribed burn plan. The bill does not limit liability that would otherwise be incurred by the landowners or their agents conducting a prescribed burn if the damage or injury occurs as a result of malicious or grossly negligent conduct of a prescribed burn.

This bill is the same as HB 978 (2019).

Last Action

03/10/2020 H - Referred to House Committee on Rules-Administrative Oversight

HB1694 - Creates new provisions relating to hazardous waste sites

Sponsor

Rep. Sonya Anderson (R)

Summary

This bill requires the Department of Natural Resources to create and make available on its website an interactive map of hazardous waste sites in the state. The maps must link to certain information. Before January 1, 2021, each hazardous waste site must post an informational sign at each entrance to the site. The department must develop language for the sign as specified in the bill.

This bill is similar to HB 914 (2019).

Last Action

04/29/2020 S - Hearing Conducted

HB1707 - Changes the laws regarding development permits in floodplains

Sponsor

Rep. Mary Elizabeth Coleman (R)

Summary

Currently, counties can require a permit for construction, use, or other development within a flood plain, but a permit cannot be denied if the development does not raise the flood elevation of the 100- year flood level more than one foot. This bill authorizes counties to enact ordinances that restrict development in floodplains if the development will raise the elevation of the 100 year flood level by some amount less than one foot, and a permit cannot be denied if the development does not raise the flood elevation of the 100-year flood level more than the set number of inches.

This bill is the same as HB 699 (2019).

Last Action 05/15/2020 H - Referred to House committee on General Laws

HB1801 - Prohibits the enforcement of any federal rule or regulation promulgated by the United States Environmental Protection Agency unless the rule or regulation is approved by the General Assembly

Sponsor

Rep. Lynn Morris (R)

Summary

This bill prevents all state departments and agencies from enforcing any rule or regulation promulgated by the United States Environmental Protection Agency until such rule or regulation has been approved by the General Assembly.

This bill is similar to SB 715 (2020).

Last Action

05/15/2020 H - Referred to House committee on Conservation and Natural Resources

HB1804 - Requires the department of natural resources to assist permit applicants throughout the permitting process

Sponsor

Rep. Randy Pietzman (R)

Summary

This bill specifies that it is the policy of the Department of Natural Resources to assist applicants throughout the application and permitting process by designating one or more people who are trained in the process to assist applicants. The department must maintain a permit assistance portal on its website and must provide a link to the portal to all permit applicants. The department must track that number of requests for assistance submitted through the portal and the timeliness of responses provided to applicants.

No later than January 1, 2021, the department must post on its website exemplars of completed permit applications for the most common permits issued by the department.

The department must regularly track the number of days for permit applications to be determined to be complete.

This bill is similar to HCS HB 1158 (2019).

Last Action

04/07/2020 S - Referred to Senate Committee on Agriculture, Food Production, and Outdoor Resources

HB2094 - Modifies provisions relating to utilities

Sponsor

Rep. Jack Bondon (R)

Summary

The bill establishes the "Missouri Water and Sewer Infrastructure Act", which specifies that a water or sewer company may file a petition and proposed rate schedules with the Public Service Commission to create or change an infrastructure rate adjustment (WSIRA) that provides for the recovery of pretax revenues associated with eligible infrastructure projects. The WSIRA and any future changes must meet specific requirements.

The commission cannot approve a WSIRA for a water or sewer corporation that has not had a general rate proceeding decided or dismissed within the past three years of the filing of a WSIRA petition unless the corporation has filed for or is the subject of a new general rate proceeding. A corporation cannot collect a WSIRA for more than three years unless the corporation had filed for or is the subject of a new rate proceeding. In such case, the WSIRA can be collected until the effective date of the new rate schedules.

At the time the corporation files a petition to establish or change a WSIRA, it must submit proposed WSIRA rate schedules and supporting documentation, and it must also serve the Office of Public Counsel with a copy of the petition, rate schedules, and documentation. Upon filing, the commission must publish a notice of the filing, and conduct an examination of the proposed WSIRA, as specified in the bill. The commission may hold a hearing on the petition and any associated WSIRA rate schedules. If the commission finds that a petition complies with the requirements, the commission must enter an order authorizing the corporation to implement the WSIRA. A corporation may effectuate a change in its WSIRA no more often than twice in every 12-month period.

The bill specifies information the commission may consider in determining the appropriate pretax revenues and how the WSIRA is calculated. If this information is unavailable and the commission has not provided it on an agreed-upon basis, the commission must use the last authorized overall pretax weighted average cost of capital for a WSIRA or the last authorized overall pretax weighted average cost of capital in a general rate proceeding for the corporation. At the 12-month period the WSIRA was in effect, the corporation must reconcile the differences between the revenues from a WSIRA and the appropriate pretax revenues found by the commission for that period and submit the reconciliation and proposed WSIRA to the commission for approval to recover or credit the difference.

A corporation that has a WSIRA must file revised WSIRA schedules when new base rates and charges become effective following a general rate proceeding that includes the WSIRA eligible costs in the base rates. Once the eligible costs are included in corporation's base rates, the corporation must reconcile any previously unreconciled WSIRA revenues to ensure that revenues resulting from the WSIRA match as closely as possible the appropriate pretax revenues.

A corporation's filing of a petition to establish or change a WSIRA is not considered a request for a general increase in the corporation's base rates and charges. Nothing in this bill impairs the authority of the commission to review the prudence or eligibility of specific projects in the proposed WSIRA.

Last Action

04/27/2020 H - Reported Do Pass Committee

HB2225 - Establishes procedures relating to land use permits for historic landfills

Sponsor

Rep. Maria Chappelle-Nadal (D)

Summary

Last Action

03/09/2020 H - Public hearing completed

HB2343 - Modifies provisions relating to public water systems

Sponsor

Rep. Lynn Morris (R)

Summary

This bill specifies that a business's water system is not a public water system, regardless of if it meets the definition, if the business does not serve water from the system for the purpose of drinking. If a facility does not fill out the Public Water System Inventory Questionnaire to determine if a facility's water system should be regulated as a public water system, the department may include the name of a facility on a public list indicating the facility failed to submit the questionnaire, but no additional penalty can apply.

Last Action

03/10/2020 H - Referred to House Committee on Rules-Administrative Oversight

Sponsor

Sen. Wayne Wallingford (R)

Summary

In cases of an investor-owned water system, the entity calling for the modifications to fluoridation shall be responsible for all costs associated with compliance.

This act is similar to SCS/SB 278 (2019), HB 975 (2019), and HB 2213 (2018).

Last Action

03/11/2020 H - House-Special Committee on Regulatory Oversight and Reform

SB661 - Establishes the Prescribed Burning Act which protects a landowner from liability for a prescribed burning

Sponsor

Sen. Mike Bernskoetter (R)

Summary

SCS/SB 661 - This act establishes the Prescribed Burning Act. This act specifies that no landowner or agent of a landowner shall be liable for damages caused by a prescribed burning or the resulting smoke if the prescribed burning was conducted at the direction of a certified prescribed burn manager in accordance with a prescribed burn plan unless the landowner or agent is proven to be negligent. Additionally, unless proven to be negligent, no certified burn manager shall be liable for damages caused by a prescribed burning or the resulting smoke conducted with a certified prescribed burn manager pursuant to a prescribed burn plan.

This act is similar to HB 1547 (2020) and HB 978 (2019).

Last Action

04/28/2020 S - Placed on Informal Calendar

SB771 - Modifies provisions relating to solid waste management districts

Sponsor

Sen. Wayne Wallingford (R)

Summary

SB 771 - This act modifies provisions relating to solid waste management districts.

The act requires that if a county applies to the Department of Natural Resources to be placed with another regional grouping of solid waste management districts, the county must be placed with a regional grouping adjacent to the county.

Under current law, the Department of Natural Resources shall conduct a performance audit of grants to each solid waste management district at least once every 5 years. This act states that audits of no more than 10% of grants to each district shall occur as deemed necessary by the Department based upon district grantee performance.

Currently, $200,000 from the Solid Waste Management Fund may be allocated to certain solid waste management districts. This act repeals this provision.

Under current law, no more than 50% of revenue allocated to solid waste management districts shall be used for the implementation of a solid waste management plan and district operations. The act changes the amount to no more than 25% only for district operations. Current law states that at least 50% of the revenue shall be allocable to the districts. The act changes the amount to 75% for implementation of a solid waste management plan and grants or projects serving the districts. Additionally, the act requires such money to be allocated to districts on a quarterly basis from August 28, 2020, until August 27, 2025.

Currently, certain solid waste management districts are minimally funded at $95,000 a year. This act changes the amount to $120,000 a year.

The act repeals a provision stating that the Department and the Environmental Improvement and Energy Resources Authority shall conduct sample audits of grants.

Under current law, the Department has 30 days to review grant applications. The act changes this time to 10 days. Solid waste management districts then have an additional 30 days to respond to the Department's request for additional information to evaluate grant applications. The act changes the response time to 10 days. The Department then has 30 days to either approve or deny the grant application. The act changes this response time to 10 days.

Finally, if a solid waste management district receives an unfavorable decision on a request submitted to the Department, the district may send such request to the Solid Waste Advisory Board. Such request may be appealed to the Administrative Hearing Commission upon at least 2/3 of the members of the Board representing solid waste management districts, excluding the members of the Board appointed by the Program Director of the Solid Waste Management Program, voting to approve such appeal at the Board's next regular meeting.

Last Action

03/04/2020 S - Hearing Conducted

SB1048 - Prohibits political subdivisions from prohibiting the connection or reconnection of a utility service based upon the type or source of energy

Sponsor

Sen. Eric Burlison (R)

Summary SB 1048 - Under this act, no political subdivision shall adopt an ordinance, resolution, regulation, code or policy that prohibits, or has the effect of prohibiting, the connection or reconnection of a utility service based upon the type or source of energy to be delivered to an individual customer.

Last Action

03/12/2020 S - Referred to Senate Committee on Commerce, Consumer Protection, Energy, and the Environment