LEGISLATIVE UPDATE 1-19-2024

LEGISLATIVE UPDATE 1-19-24 PDF

 

January 19, 2024

 The 2024 session began on Wednesday, January 3.  Bills are being referred to committees and hearings are beginning, with several bills of interest having hearings next week.  Each week we will send out an update report showing bill actions during the week.  Below are summaries of bills of interest.  Changes from the last report, including committee assignments and hearings, are noted in red.

Priority Bills

SB 1062 (Coleman) – eliminates sales tax on food over a four-year period.  (Oppose)

SB 1115 (Schroer) – provides that when a juvenile officer makes a risk and needs assessment of a child, he or she shall use a cumulative total of points assessed for all alleged offenses committed to determine whether or not the court shall order the child to be detained. (Support)

SB 1252 (Rehder) – exempts food from sales tax.  (Oppose)

HB1418 (Sauls) – exempts food from sales tax.  (Oppose)

HB1464 (Sander) – similar HB 1418.  (Oppose)

HB 2055 (Keathley) – exempts food from sales tax over a four-year period. (Oppose)

HB 2174 (Schnelting) – similar to HB 1418 (Oppose)

HB 2273 (Dinkins) – similar to HB 2055.  (Oppose)

HB 2401 (Quade) – eliminates the retail sale of food from state and local sales and authorizes certain tax increases to offset lost revenues, subject to voter approval.

 Court Bills

 HB 1796 (Mackey) – eliminates municipal courts and requires all trials in the circuit court.  (Oppose)

Economic Development Bills

 SB 750 (Hough) – authorizes St. Louis County and any municipality with more than 1,500 inhabitants and not located in St. Louis County to establish a land bank.  Emerging Issues Committee. Heard 1/16.  (Support)

SB 919 (Koenig) – requires community improvement districts to be approved by a 2/3 vote of the governing body if a sales tax is proposed.  Also requires a 2/3 vote of the highway commission or local transportation authority if a sales tax is proposed.

SB1210 (Arthur) – 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.

SB 1242 (Washington) – modifies the definition of “blighted area” for the purposes of tax increment financing (TIF). Such areas shall be in a distressed community and be insanitary or unsafe for living or working; shall have unemployment one and one-half times greater than the average for the state; or have a median household income of less than fifty percent of the median household income of the metropolitan statistical area in which the area is located.

HB 2058 (Keathley) – requires CIDs and TDDs to be unanimously approved by 2/3 vote of the governing body.  The bill also excludes streaming services from the definition of video services thus eliminating streaming services from local fees.  (Oppose)

HB 2065 (Owen) – authorizes St. Louis County and any municipality with more than 1,500 inhabitants and not located in St. Louis County to establish a land bank.  Local Government Committee. (Support)

Election Bills

SB 774 (Gannon) – changes the filing period for April elections to 8:00 a.m. on the 16th Tuesday prior to the election until 5:00 p.m. on the 13th Tuesday prior to the election, unless the 13th Tuesday prior to an election falls on a holiday, then the closing of filing shall be at 5:00 p.m. on the next day that is not a holiday.  Local Government & Elections Committee. (Support)

SB 856 (O’Laughlin) – under current law, mayors of 3rd and 4th class cities must be a resident of such city at the time of the election and for a certain time period before the election.  This act modifies that provision to provide that a person must be a resident of the county in which such city is located at the time of the election and for a certain time period before the election. Local Government & Elections Committee. (Oppose)

SB 926 (Crawford) – contains same filing provisions as SB 774 and other election revisions.

SB 929 (Cierpiot) – requires all proposals for new local taxes, licenses, or fees, or for a renewal or increase in an existing tax, license, or fee, to be submitted to the voters on a general election day or primary election day – August or November of even numbered years.  (Oppose)

HB1517 (Murphy) – requires election issues to be labeled in alphabetical or numerical order.  Tax Reform Committee.  Hearing 1/23.

HB 1604 (Hinman) – changes the filing period for April elections to 8:00 a.m. on the 16th Tuesday prior to the election until 5:00 p.m. on the 13th Tuesday prior to the election, unless the 13th Tuesday prior to an election falls on a holiday, then the closing of filing shall be at 5:00 p.m. on the next day that is not a holiday.  Elections Committee.  Heard 1/9.

HB 2061 (Keathley) – prohibits resubmission of failed tax election for four years unless the proposal is substantially changed.  (Oppose)

HB 2140 (McGaugh) – changes filing period to open 16 weeks before election and close 13 weeks before election.  Elections Committee.  Heard 1/16.

HB 2225 (Bonaker) – changes filing period to open 16 weeks before election and close 11 weeks before election.  Elections Committee.

Miscellaneous Bills

 SB 911 (Ben Brown)- Under this act, the state’s laws shall preempt any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision of the state regulating the sale of tobacco products, alternative nicotine products, or vapor products.

SB 994 (Ben Brown) – provides that when a person submits a request to a political subdivision for a permit to develop property, the political subdivision shall approve or deny the request within 60 days upon the receipt of the request from an applicant. If the political subdivision fails to approve or deny the request within 60 days, then the request is approved. If the political subdivision denies the request, the political subdivision shall provide in writing the reasons for the denial.

SB 1346 (Trent) – As it relates to political subdivisions purchasing liability insurance for tort claims made against the political subdivision, this act defines the term “purchase” to refer only to the direct acquisition of insurance coverage by a governing body and not any indirect action by contract or otherwise.  (Support)

HB 1635 (Terry) – establishes term limits of 8 years for mayors and alderpersons in 4^th class cities.

HB 1720 (Falkner) – defines as closed records email addresses and telephone numbers submitted to a public governmental body by individuals or entities for the sole purpose of receiving electronic or other communications limited to newsletters, notifications, advisories, alerts, and periodic reports.  Local Government Committee.  Heard 1/16.  (Support)

HB 1724 (Falkner) – no public official or other person who would otherwise be personally  liable under applicable law or at equity to a contractor, subcontractor, supplier at any tier, or otherwise, by reason of the failure of a public entity to require a contractor to furnish a payment bond as required by this section shall be so liable unless the contractor provides, prior to the time the contract is executed, to the presiding official or officer and to the secretary, clerk, or similar official or officer of the public entity a written notice identifying the persons who will have personal liability for payment.  (Support)

HB 1809 (Wright) – establishes authority for cities to issue municipal search warrants for ordinance violations.

HB 1902 (Proudie) – specifies that limited liability companies that own real property in St. Louis County must designate a contact person with the county clerk.

HB 1931 (Toalson-Reisch) – eliminates prevailing wage on public works projects.

HB 2060 (Keathley) – state pre-emption of local authority over tobacco products and sales.  (Oppose)

HB 2206 (West) – requires public comment and establishes procedures for public comment at local government meetings.  Government Efficiency & Downsizing Committee.  Heard 1/17.

HB 2279 (Toalson Reisch) – requires city populations to be posted on city limits signs.  Transportation Accountability Committee.  Heard 1/18.

HB 2282 (Lovasco) – no political subdivision shall require an exempt homeowner to obtain any license, certification, or professional registration or submit to any examination or testing as a condition of applying for or utilizing a building or construction permit, provided all 8 work is performed by the owner or other current resident.

HB 2284 (Lovasco) – limits authority of political subdivisions to restrict parking of unlicensed vehicles or to restrict usage of property.

HB 2292 (Falkner) – establishes provisions governing no-impact, home-based businesses.  (Support)

HB 2328 (Casteel) – requires public notices that are filed in newspaper to also be filed on the Secretary of State website.

HB 2380 (Brown) – prohibits political subdivisions from requiring a home inspection before the sale of residential property.  Small Business Committee.  Heard 1/17.

HB 2385 (Keathley) – prohibits local governments from requiring private property owners to accept Section 8 vouchers.

HB 2419 (Burnett) – Repeals the state prohibition of local governments regulating paper and plastic bags.

Personnel & Employment Bills

 SB 1066 (Ben Brown) – Under current law, state minimum wage laws preempt and nullify all political subdivision ordinances, rules, and regulations relating to the establishment or enforcement of a minimum or living wage or the provision of employment benefits that exceed state laws, rules, or regulations. This act adds to the list of political subdivision policies, ordinances, or resolutions that may not be enacted to include the following:

• Those that regulate the information an employer or potential employer shall request, require, or exclude on an application for employment from an employee or prospective employee.
• Those that regulate work stoppage or strike activity of employers and its employees or the means by which employees may organize;
• Those requiring an employer to provide to an employee paid or unpaid leave time;
• Those regulating the hours and scheduling that an employer is required to provide to employees;
• Those requiring an employer or its employees to participate in any educational apprenticeship or apprenticeship training program that is not required by state or federal law; and
• Those regulating or creating administrative or judicial remedies for wage, hour, or benefit disputes, including, but not limited to, any benefits described in this subsection.

HB 1735 (Crossley) – establishes the “First Responders’ Bill of Rights” and provisions relating to investigations of first responders.

HB 1769 (Perkins) – establishes a disciplinary procedure process for firefighters.  Crime Prevention & Public Safety Committee.  Heard 1/18.

HB 1861 (Sauls) – establishes a procedure for investigations of firefighters.

HB 2056 (Keathley) – Requires municipalities to reimburse non-rate regulated utilities for site relocation costs incurred due to road maintenance.

HB 2459 (Ealy) – similar to HB 1861.

Public Safety Bills

 SB 730 (Rowden) – establishes a pilot program known as the “Community Crime Reduction Grant Program” which shall provide money to municipal police departments that apply to the Department of Public Safety for a grant for

• 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. Transportation, Infrastructure & Public Safety Committee.

SB 808 (Schroer) – puts St. Louis City police back under a state appointed board of commissioners.  Transportation, Infrastructure & Public Safety Committee.  Heard 1/17.

SB 820 (McCreery) – creates the offense of aggravated fleeing a stop or detention of a motor vehicle if the person knows that a law enforcement officer is attempting to detain the vehicle and the person flees at a high speed which creates a substantial risk of serious physical injury or death or causes physical injury or death to another person. This shall be a class D felony if the person creates a substantial risk of injury, a class B felony is the person causes physical injury, and a class A felony if the person causes death of another.  Additionally, a person is presumed to be fleeing a vehicle stop if he or she has seen or heard or reasonably should have seen or heard emergency lights or sounds. It shall not be a defense that the law enforcement officer was acting unlawfully in making the arrest.  Transportation, Infrastructure & Public Safety Committee.

SB 901 (Schroer) – similar to SB 820.  Transportation, Infrastructure & Public Safety Committee.

SB 948 (Brattin) – no political subdivision shall adopt any order or ordinance relating to the sale, purchase, or ownership of a firearm unless it conforms exactly with state law.  This act adds that any officer of a governing body who violates those provisions shall be subject to a penalty of $1,000 for every offense and shall be guilty of a class A misdemeanor.

SB 1334 (Eigel) – prohibits state agencies and political subdivisions from purchasing, installing, or using automated license plate reader systems (ALPRs) as defined in the act, and from accessing or using captured license plate data from vehicles located on public highways.

SJR 72 (Schroer) – constitutional amendment to require the Department of Public Safety to establish a uniform crime reporting system and shall annually determine the most dangerous cities in the state. Each political subdivision in this state shall report their crime statistics. Any political subdivision which fails to do so shall not receive any state funds.  The Department shall then develop a policing plan for those cities which shall determine a minimum number of commissioned peace officers required to be on duty. Such cities shall implement the policing plan within 90 days. If any city fails to implement the policing plan, the Attorney General shall file a petition with the circuit court for injunctive relief or a declaratory judgment.

HB 1462 (Brown) – repeals provisions that prohibit political subdivisions from adopting orders, ordinances, or regulations relating to firearms.

HB 1481 (Christ) – puts St. Louis City police back under a state appointed board of commissioners.

HB 1601 (Bosley) – which requires all peace officers in the state to wear video cameras that include audio and video affixed to their uniforms when they are on duty, with some exceptions. Recordings must be preserved for at least 60 days and the recordings must be made available to the public within 14 days of an incident.

HB 1692 (Sparks) – creates the offense of aggravated fleeing a stop or detention of a motor vehicle if the person knows that a law enforcement officer is attempting to detain the vehicle and the person flees at a high speed which creates a substantial risk of serious physical injury or death or causes physical injury or death to another person. This shall be a class D felony if the person creates a substantial risk of injury, a class B felony is the person causes physical injury, and a class A felony if the person causes death of another.  Additionally, a person is presumed to be fleeing a vehicle stop if he or she has seen or heard or reasonably should have seen or heard emergency lights or sounds. It shall not be a defense that the law enforcement officer was acting unlawfully in making the arrest.  Crime Prevention & Public Safety Committee.

Taxation & Revenue Bills

 SB 725 (Hoskins) – requires political subdivisions to annually reduce current personal property tax rate percentage such that the amount by which the revenue generated by taxes levied on such personal property is reduced is substantially equal to one hundred percent of the growth in revenue generated by real property assessment growth, as defined in the act. Annual reductions shall be made until December 31, 2073. Thereafter, the percentage of true value in money at which personal property is assessed shall be equal to the percentage in effect on December 31, 2073.  Economic Development & Tax Policy Committee.  Heard 1/16.  (Oppose)

SB 733 (Eigel) – similar to SB 725. Economic Development & Tax Policy Committee. Heard 1/16. (Oppose)

SB 777 (Moon) – eliminates food sales from the state 1% education sales tax and authorizes political subdivisions to exempt food from local sales taxes.  Economic Development & Tax Policy Committee.

SB 879 (Beck) – authorizes municipalities located within St. Louis County to impose a property tax to provide fire protection services, with such tax not to exceed $0.25 per $100 assessed valuation.  This act also authorizes fire protection districts and municipalities located within St. Louis County to impose a sales tax of up to 0.5% to provide fire protection services. A fire protection district or municipality imposing a sales tax authorized by this act shall reduce any property tax levy imposed by such district or municipality for the purposes of providing fire protection services such that the revenue generated by such property tax levy is offset in an amount equal to one hundred percent of the amount of revenue generated by the sales tax imposed pursuant to this act.  Local Government & Elections Committee (Oppose fire district sales tax provision)

SB 1086 (Brattin) – identical to SB 725 (Oppose)

SJR 53 (Eigel) – constitutional amendment to freeze state revenues and eliminate personal property tax by 2028.  (Oppose)

SJR 82 (Brattin) – replaces real property taxes with a countywide sales tax.

HB 1527 (Buchheit-Courtway) – specifies that motor vehicles seven years of age or older, based on the model year and used solely for noncommercial purposes, will be assessed at 5% of their true value in money.

HB 1667 (Matthiesen) – authorizes taxpayers to submit petitions to reduce local tax rate levies up to 5%.

HB 1669 (Matthiesen) – exempts vehicles from personal property taxes upon adoption of a constitutional amendment.  Property Tax Reform Committee.  (Oppose)

HB 2231 (Merideth) – allows political subdivisions to tax tobacco products.

HJR 82 (Seitz) – constitutional amendment provides that any individual 65 years or older that has a Missouri taxable income of less than $45,000 will not be subject to or liable for any property tax.  Property Tax Reform Committee.

HJR 85 (Terry) – constitutional amendment provides that residential property shall be assessed at 50% of the value at which such property would otherwise be assessed if the property owner is a senior or disabled.  Property Tax Reform Committee.

HJR 88 (Matthiesen) – constitutional amendment to allow the legislature to eliminate personal property taxes. Property Tax Reform Committee.   (Oppose)

Transportation and Vehicle Bills

SB 953 (Moon) – repeals the gas tax increase.  (Oppose)

SB 1269 (Schroer) – prohibits political subdivisions from using automated photo red light enforcement systems to enforce red light violations.

 HB 1511 (Murphy) – requires political subdivisions that require the installation of electric vehicle charging stations at certain businesses to pay the costs associated with the installation, maintenance, and operation of such station.  Government Efficiency & Downsizing Committee.  Heard 1/10.  Passed Committee 1/17.

Utility & Broadband Bills

SB 803 (Trent) – modifies the definition of “video service” to include the provision of video programming by a video service provider provided through wireline facilities located in a public right-of-way without regard to the delivery technology. “Video service” does not include any video programming accessed via a service that enables users to access content over the internet, including streaming content. Commerce, Consumer Protection Energy & Environment Committee.  (Oppose)

SB 947 (Thompson Rehder) – identical to SB 803 (Oppose)

SB 999 (Hoskins) – identical to SB 803 (Oppose)

SB 1018 (Justin Brown) – whenever the state or a municipality requires a broadband or a video service provider to relocate their telecommunications infrastructure installed for the purpose of delivering internet and video service to customers, the state or the municipality shall reimburse the internet and video service providers for all relocation costs. (Oppose)

SB 1205 (McCreery) – completion of the Task Force on the Future of Right-of-Way Management and Taxation report of its activities for submission to the General Assembly shall be submitted no later than December 31, 2025, instead of December 31, 2023, as currently provided. The Task Force shall expire on December 31, 2025, instead of on December 31, 2023, as currently provided. (Support)

SB 1316 (Cierpiot) – identical to SB 803.

HB 1816 (Riggs) – establishes a broadband development council.  Workforce & Infrastructure Development Committee.

HB 1995 (Perkins) – repeals the expiration date of the Uniform Small Wireless Facility Deployment Act.  Utilities Committee.  Heard 1/17.

HB 2057 (Keathley) – excludes streaming services from the definition of video services thus eliminating streaming services from local fees.  Utilities Committee. Heard 1/10.  (Oppose)

HB 2281 (Knight) – identical to HB 2057.

HB 2409 (Falkner) – extends the expiration date for the task force on right-of-way management to 12/31/26.