Bill Tracking
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LEGISLATIVE REPORT March 24, 2021 Note: This report contains two sections, the first is of bills that are of high priority and ACEC is actively working on. The second section contains bills that ACEC Missouri is actively monitoring. HIGH PRIORITY SB262 - Modifies provisions relating to transportation Sponsor Sen. Dave Schatz (R) Summary SS#2/SCS/SB 262 - This act modifies provisions relating to transportation. TRANSPORTATION FUNDING This act enacts an additional tax on motor fuel, beginning with 2.5 cents in October 2021, and increasing by 2.5 cents in each fiscal year until reaching an additional 12.5 cents per gallon on July 1, 2025. (Section 142.803.3). Motor fuel used for propelling highway vehicles shall be exempt from the additional tax, and an exemption and refund may be claimed by the taxpayer if the tax has been paid and no refund has been previously issued, provided that the taxpayer applies for the exemption and refund as provided in the act. (Section 142.822.1). To claim an exemption and refund, a person shall present written verification that the claim is made under penalty of perjury, and stating the amount of fuel tax paid in the applicable fiscal year for each vehicle for which the exemption and refund is claimed. The claim shall not be transferred or assigned, and shall be filed on or after July 1, but not later than September 30, following the fiscal year for which the exemption and refund is claimed. The claim may be filed electronically, and shall be supported by certain documentation as provided in the act. (Section 142.822.2). Every person shall maintain and keep records for 3 years to substantiate all claims for exemption and refund of the motor fuel tax, as specified in the act. (Section 142.822.3). The Director of the Department of Revenue may investigate exemptions and refunds prior to their issuance, or following issuance but within the time frame for making tax adjustments as provided by law. (Section 142.822.4). The act provides for payment of interest by the Director for exemptions and refunds not issued within 45 days of an accurate and complete filing. (Section 142.822.5). The exemption and refund of additional motor fuel tax shall be available only with regard to motor fuel delivered into a motor vehicle with a gross vehicle weight rating of 26,000 lbs or less. (Section 142.822.6). This act also provides that the existing fuel tax exemption for non-highway use may be filed electronically, that applicants shall retain original sales slips rather than submitting them to the Department, and that refunds shall be issued within 45 days, rather than 30 days. (Sections 142.824.1, 142.824.5 and 142.824.8). Under the act, the fees for alternative fuel decals are increased by 20% per year for a period of 5 years, except that the fee for vehicles in excess of 36,000 pounds is increased by 10% per year for a period of 5 years, and the fee for temporary decals is not modified. (Section 142.869.2). Lastly, the act establishes within the Department of Revenue the "Electric Vehicle Task Force", with membership as specified in the act. As detailed in the act, the task force shall analyze and make recommendations regarding the impact of electric vehicle adoption on transportation funding. The task force shall deliver a written report to the General Assembly and the Governor no later than December 31, 2022. (Section 142.1000). ODOMETER READINGS This act increases, from 10 years to 20 years, the maximum age of motor vehicle required to have its odometer readings recorded in certain circumstances. (Sections 301.192.1(6) and 301.280.1). A corresponding change is made with regard to odometer fraud offenses. (Sections 407.526 and 407.556.2(2)). The act also specifies that the Department of Revenue may allow electronic signatures on written powers of attorney authorizing mileage disclosures and transfers of ownership. (Section 407.536.8). These provisions are subject to an emergency clause. These provisions are identical to provisions in SB 370 (2021) and similar to HB 2660 (2020). CDL BANS FOR HUMAN TRAFFICKING CONVICTIONS The act also enacts a lifetime ban from driving a commercial motor vehicle for any person convicted of using a commercial motor vehicle in the commission of a felony involving "severe forms of human trafficking in persons", as defined by federal law. (Section 302.755.19). These provisions are subject to an emergency clause. These provisions are identical to provisions in SB 370 (2021). Last Action 03/11/2021 H - Reported to the House and read first time ACEC POSITION: SUPPORT HB1044 - Modifies provisions relating to motor fuel tax Sponsor Rep. Becky Ruth (R) Summary Currently, the tax charged on all motor fuel used or consumed in this state is $0.17 per gallon, with certain exemptions. Beginning January 1, 2022, this bill increases that tax by two cents per year for five years. Beginning January 1, 2023, any person who pays this increased amount of tax is eligible to have the increased amount refunded by filing a claim with the Department of Revenue which includes the original sales receipts and additional information as set out in the bill. The refund claim must be filed no later than one year after the motor fuel purchase or April 15th following the year of purchase, whichever is later. If the original sales receipt is lost or destroyed, a claim still can be made under conditions described in the bill. Accurate and complete refunds must be paid to the claimant within 30 days. A refund claim cannot be sold, transferred, assigned, or otherwise conveyed. A person shall be permitted to claim a refund for motor fuel purchased only for up to two vehicles per calendar year. No more than one person per calendar year can claim a refund for motor fuel purchased for a given motor vehicle. Last Action 02/04/2021 H - Read Second Time ACEC POSITION: SUPPORT HB481 - Modifies provisions relating to the licensure of architects, engineers, and landscape architects Sponsor Rep. Jeff Coleman (R) Summary ARCHITECTS (Sections 327.091 and 327.101, RSMo.) Current law sets forth the practice of an architect in Missouri as any person who renders or represents himself or herself as willing or able to render service or creative work which requires architectural education, training, and experience. This bill instead sets forth the practice of architecture as rendering or offering to render services in connection with the design and construction of public and private buildings, structures, shelters, and site improvements which have as their principal purpose human occupancy or habitation. Only a person with the required architectural education, practical training, relevant work experience, and licensure may practice as an architect in Missouri. Current law allows certain people to perform specified architectural work without a license. This bill removes the exception for people who perform certain architectural work for their employer that does not endanger the public health or safety. The bill allows an exception for people who render architectural services in connection with buildings used exclusively for agricultural purposes. The bill also removes the exception for people who work on privately-owned commercial buildings that contain less than 10 people, or people who work on privately-owned buildings of less than 2,000 square feet, and instead allows the exception only for people who work on any one building that contains less than 10 people, contains less than 2,000 square feet, and is not part of another building. Current law requires a person who applies for licensure as an architect to hold a certified Intern Development Program record with the National Council of Architectural Registration Boards. The bill allows a person to apply if he or she holds a certified Architectural Experience Program record. PROFESSIONAL ENGINEERS (Sections 327.191 and 327.241) Current law allows certain people to perform specified professional engineering work without a license. This bill removes this exception for people who perform certain professional engineering work for their employer that does not endanger the public health or safety. The bill allows an exception for people who render professional engineering services in connection with buildings used exclusively for agricultural purposes. The bill also allows an exception for persons who work on a privately-owned: (1) Dwelling house; (2) Multiple-family dwelling house containing no more than two families; (3) Single building that contains less than 10 people, contains less than 2,000 square feet, and is not part of another building; and (4) Multiple-family dwelling house containing three or four families, as long as the work does not affect safety features of the building. The bill clarifies that an applicant for an engineer-intern or a professional engineer can take the engineering exam before having acquired at least four years of satisfactory engineering experience. The bill removes a provision requiring a professional engineer to be licensed within four years of being eligible for licensure. LANDSCAPE ARCHITECTS (Section 327.612) The bill removes a provision requiring an applicant as a landscape architect to be 21 years old. The bill allows an applicant as a landscape architect to possess education that equals or exceeds the education received by a graduate of an accredited school in lieu of having a degree from an accredited school. The bill adds a requirement that an applicant pass all sections of the landscape architectural registration examination from the Council of Landscape Architectural Registration Boards. This bill is similar to SB 992 and HB 2575 (2020); and provisions contained in HCS SCS SBs 673 & 560 (2020).