LEGISLATIVE UPDATE JANUARY 27, 2023

January 27, 2023

LEGISLATIVE UPDATE 1-27-23 – pdf

 

Senate hearing schedule can be found HERE.

House hearing schedule can be found HERE.

 

 Hearings are increasingly being scheduled, including on bills of interest.   Changes from last week are in red.

Please note that the Senate Committee on Commerce, Consumer Protection, Energy and the Environment will meet next Tuesday morning to hear testimony on SB 152 relating to video service providers.  Similar legislation in the House (House Bills, 479, 651, and 647) will be heard by the House Utilities Committee on February 8, 2023.  This is the time for elected officials to reach out to lawmakers, especially those on the two committees, to educate them on our opposition to the bills. 

Priority Bills

HB 177 (Van Schoiack) – currently, no city in Missouri shall submit, to the voters, any proposal that results in a combined rate of sales taxes adopted under Section 94.510,RSMo in excess of 2%. This bill removes this requirement.

HB 309 (Riggs) – authorizes two or more political subdivisions, upon a vote of eligible voters, to form a broadband infrastructure improvement district for the delivery of broadband Internet service to their residents. A district has the power to contract with a broadband Internet service provider to provide broadband Internet service to the residents of the district.

HB 394 (Falkner) – defines as closed records email addresses of local government residents for purposes of receiving government correspondence and GPS records of public safety vehicles. (Support)

HB 928 (Falkner) – delays date for lowering video franchise fees from 2023 to 2026 to allow time for Task Force on Right of Way Management and Taxation to meet.  (Support)

HB 978 (Falkner) – modifies provisions for home based businesses enacted in 2022.  (Support)

Court Bills

HB 252 (Hafner) – currently, if a Missouri resident is charged with a moving violation and fails to dispose of the charges a, the court informs the resident that it will instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. Under this bill, the court will inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s license. If a Missouri resident is charged with only a minor traffic violation and fails to dispose of the charges as ordered and fails to appear on two return dates without good cause, the court will, within 10 days of the failure to comply, inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. A person whose license is suspended under these provisions will receive limited driving privileges unless the Director of the Department of Revenue finds that the defendant is ineligible for such privileges.

HB 305 (Roberts) – prohibits a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a motor vehicle equipment violation citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the motor vehicle equipment violation have been satisfied.

 Economic Development Bills

 SB 96 (Koenig) – requires a unanimous vote of a local governing body to establish a community improvement district or transportation development district.   Local Government & Elections Committee.  Hearing 1/30.

SB 306 (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.

HB 536 (Keathley) – requires CIDs and TDDs to be unanimously approved by the governing body.

Election Bills

SB 202 (Brattin) – changes the filing period for declarations of candidacy in all political subdivisions and special districts that have not otherwise required a filing period by law or charter to be 8:00 a.m. on the 18th Tuesday prior to the election until 5:00 p.m. on the 13th Tuesday prior to the election.  The bill also requires all candidates for offices in cities, towns, villages, and townships to declare a political party affiliation when filing for office. (Oppose) 

SB 218 (Mosley) – requires each political subdivision to redistrict or reapportion their wards not later than 5 months prior to the opening of filing for office after the census data is reported to the President of the United States. Such wards shall be drawn using the following criteria, in order of priority:  Wards shall be as nearly equal as practicable in population, and shall be drawn on the basis of one person, one vote. Wards are as nearly equal as practicable in population if they do not deviate by more than five percent from the ideal population.

SB 479 (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 which occur in even number years.

HB 186 (Murphy) – prohibits a political subdivision or election authority from describing any proposed tax on property in a political subdivision as not increasing taxes, or any language to that effect, unless both: (1) Failing to adopt the proposed measure would cause an actual increase in the tax rate; and (2) Adopting the measure would cause the tax rate to stay the same or decrease.  Government Efficiency Committee.  Hearing 2/1.

HB 416 (Sander) – requires an elected official to resign his or her office before seeking a new elective office.

HB 566 (West) – changes date for closing of election filing from 14th to 12th Tuesday prior to election.

HB 739 (Woods) – establishes ranked choice voting for all candidate elections.

HJR 16 (Seitz) – constitutional amendment to restrict tax increase elections to the general election date, which is November of even numbered years.  (Oppose)

HJR 50 (Mayhew) – constitutional amendment to restrict tax increase elections to the general election date, which is November of even numbered years.   (Oppose)

Miscellaneous Bills

  SB 174 (Koenig) – makes various changes to the Sunshine Law including allowing a public governmental body is authorized to close records that are related to 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.  (Support)

SB 207 (Eslinger) –  establishes a statutory cause of action for damages arising out of a public nuisance and replaces any such common law cause of action to the contrary. This act defines a public nuisance as an unlawful condition that violates an established public right, which is defined as those rights commonly held by all members of the public to the use of public land, air, and water. Additionally, this act provides that public nuisance actions may only be brought by the state or a political subdivision thereof and only through a government attorney of the relevant jurisdiction unless there is a contract to retain a private attorney that meets certain requirements provided by this act

SB 524 (Bernskoetter) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 64 (Terry) – establishes term limits of 8 years for 4th class city mayors.  Allows monthly stipends for 4th class city elected officials, rather than salaries.

HB 72 (Dinkins) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 101 (Davidson) – provides that private contractors, when acting within the scope of a government contract, shall have the same sovereign or governmental tort immunity as a public entity.

HB 103 (Barnes) – establishes the offenses of harassment of a school or recreation athletic official and entry or remaining on site of a school or recreation athletic contest after being forbidden.

HB 108 (Barnes) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 256 (Pollitt) – expands the definition of “special victim” under Section 565.002, RSMo, to include sports officials assaulted at a sporting event while performing their duties as sports officials.

HB 264 (Sander) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2022 and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code, and are authorized to adopt local amendments to the Code or amendments made by the International Code Council.

HB 296 (Haden) – 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.

HB 362 (Proudie) – specifies that limited liability companies that own real property in St. Louis County must designate a contact person with the county clerk.

HB 380 (Quade) – in a civil action brought by the Attorney General against a political subdivision, including school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district. (Support)

HB 516 (Mayhew) – for any 4th class city with no more than two thousand inhabitants, if a statute or ordinance authorizes the mayor  to appoint a member of a  board or commission, any requirement that the appointed person be a resident of the 5city shall be deemed satisfied if the person owns real property or a business in the city,  regardless of whether the position to which the appointment is made is considered an officer of the city under section 79.250.

HB 562 (Sauls) – 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.  (Support)

HB 580 (Houx) – establishes a limit on the regulation of construction standards for insulation in new dwellings that political subdivisions may adopt and enforce.  Government Efficiency & Downsizing Committee.  Hearing 2/1.

HB 625 (Lovasco) – prohibits a political subdivision from requiring an exempt homeowner to obtain a license, certification, or professional registration or be tested as a condition of applying for a building permit if all work is done by the owner.  (Oppose)  Local Government Committee.  Hearing 1/31.

HB 626 (Lovasco) – prohibits local governments from regulating parking of vehicles in private property.  Also prohibits local governments from limiting or banning home rentals.  (Oppose)

HB 646 (Lovasco) – allows members of the general assembly to serve as ex-officio members of boards, commissions, councils or legislative bodies within their district without voting privileges.

HB 772 (Burnett) – repeals the state prohibition of local governments regulating paper and plastic bags.

 HB 798 (Mackey) – in a civil action brought by the Attorney General against a political subdivision, including school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district. (Support)

HB 815 (Gray) – prohibits 3rd & 4th class 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.

HB 926 (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 in bold, ten-point or greater type identifying the persons who will have personal liability for payment.

HB 962 (Brown) – prohibits political subdivisions from requiring a home inspection before the sale of residential property.

 Personnel & Employment Bills

 SB 24 (Hough) – establishes the “Missouri First Responder Mental Health Initiative Act”. This act establishes the rights of first responders to access behavioral health care services and responsive treatment and to have certain records of such treatment be deemed confidential, as specified in the act, and shall not be shared with an employer. First responders shall have the right to seek treatment in any geographic area without restrictions or limitations imposed by an employer or insurance carrier and the right to receive expanded Family and Medical Leave Act protections while voluntarily seeking preventative treatment. First responders shall have the right to have treatment and living quarters in facilities separate from other patients, as well as access to behavioral health treatment for up to 36 months following retirement regardless of Medicare restrictions.  First responders receiving behavioral health services shall be able to seek reimbursement from the First Responder Behavioral Health Grant Program established by this act, in amounts specified in the act. The Department of Mental Health shall make grants to eligible recipients to reimburse behavioral health care expenses, as well as peer support education, prevention and awareness training, software, and other services.  Insurance/Banking Committee.  Hearing 1/31.

SB 46 (Gannon) – political subdivisions may elect to cover telecommunication first responders as public safety personnel.  Transportation, Infrastructure & Public Safety Committee.

SB 120 (May)  establishes post-traumatic stress disorder (PTSD), as described in the Diagnostic and Statistical Manual of Mental Health Disorders, Fifth Edition, (DSM-5) as a compensable occupational disease under workers’ compensation when diagnosed in first responders. A first responder shall not require a physical injury in order to be eligible for benefits, but preexisting PTSD is not compensable.  Judiciary/Civil & Criminal Jurisprudence Committee

SB 311 (Beck) – This act provides that post-traumatic stress disorder (PTSD) diagnosed in any person who is a firefighter, police officer, emergency medical technician, emergency medical dispatcher or other first responder shall be presumed as an occupational disease resulting from employment if:

  • The person has completed at least 5 years of employment; and
  • The person was examined by a medical professional upon commencing employment and the examination failed to reveal any evidence of PTSD.

Denial of a claim under this act shall be on the basis of clear and convincing medical evidence that the cause of the PTSD is unrelated to the person’s employment as a firefighter, police officer, emergency medical technician, emergency medical dispatcher, or other first responder.

SB 476 (Trent) – prohibits public employers from denying consideration to any applicant based solely on the applicant lacking a post-secondary degree. A public employer may include prior direct experience and particular certifications and courses as baseline requirements but may not include a postsecondary degree as a baseline requirement.

HB 125 (Nurrenbern) – subjects public employers to the state minimum wage law. (Oppose)

HB 141 (Adams) – requires every first responder agency to provide critical incident counseling services for all of its employees at the agency’s expense

HB 164 (Seitz) – recognizes Posttraumatic Stress Disorder (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers’ Compensation, when diagnosed in specified first responders.

HB 223 (Crossley) – if, preceding the date of an injury or death, an employee who was employed on active duty as a first responder is diagnosed with a mental impairment and had not been diagnosed with the mental impairment previously, the mental impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment.

HB 466 (Gregory) – modifies provisions related to workers’ compensation to establish PTSD as an occupational disease for first responders.

HB 733 (Boggs) – creates the Expanding Public Sector Career Opportunities Act to promote hiring for government careers.

HB 866 (Mosley) – establishes guidelines to determine those unfit for public elected office or employment.  Those deemed unfit must resign and lose benefits.

 Public Safety Bills

 SB 38 (Williams) – under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.

Additionally, this act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:

  • Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;
  • Has been convicted, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;
  • Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;
  • Has tested positive for a controlled substance without a valid prescription;
  • Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority; or
  • Has committed any act of gross misconduct indicating inability to function as a peace officer. Transportation, Infrastructure & Public Safety Committee.

SB 78 (Schroer) – returns operations of the St. Louis City police to a state appoint board of police commissioners.  Transportation, Infrastructure & Public Safety Committee.  Heard 1/25.

SB 197 (Williams) modifies numerous provisions relating to warrants executed by law enforcement officers.

SB 280 (Eigel) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

SB 445 (Washington) – modifies provisions relating to use of force by law enforcement officers

HB 33 (Brown) – repeals Section 21.750, RSMo, in which the General Assembly preempts the entire field of firearms regulation. This bill allows political subdivisions to regulate firearms in any manner allowed by state and federal law that is consistent with their police powers or charter.

HB 53 (Copeland) – returns operations of the St. Louis City police to a state appoint board of police commissioners.  Crime Prevention & Public Safety Committee.

HB 109 (Sharp) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

HB 117 (Shields) – currently, qualified first responders are allowed to administer naloxone to a person suffering from an apparent overdose. This bill clarifies the definition of first responders so that state and local law enforcement agency staff members do not need to be acting under the directives and established protocols of a medical director of a licensed ground ambulance service. That requirement only applies to fire department personnel, fire district personnel, and licensed emergency medical technicians.

HB 199 (Wright) – establishes authority for cities to issue municipal search warrants for ordinance violations

HB 210 (Smith) – provides that no person will be stopped, inspected, or detained solely for a traffic violation that does not involve speeding or failure to register or re-register a vehicle, that does not involve an accident or injury, and that does not involve points assessed by the Department of Revenue

HB 213 (Sparks) – returns operations of the St. Louis City police to a state appointed board of police commissioners.  Crime Prevention & Public Safety Committee.

HB 216 (Myers) – returns operations of the St. Louis City police to a state appointed board of police commissioners.  Crime Prevention & Public Safety Committee.

HB 282 (Schnelting) – allows a concealed carry permit holder to lawfully carry firearms on public transportation.

HB 306 (Perkins) – returns operations of the St. Louis City police to a state appointed board of police commissioners.  Crime Prevention & Public Safety Committee.

HB 359 (Cook) – returns operations of the St. Louis City police to a state appointed board of police commissioners.  Crime Prevention & Public Safety Committee.

HB 411 (Doll) – prohibits the assessment of a fine greater than $500 or a penalty involving jail time for a violation of any pedestrian offense.

HB 439 (Hovis) – currently, when the Director of Public Safety finds probable cause to immediately suspend a peace officer as a result of a disciplinary complaint, the Director may, without notice or a hearing, issue an emergency order to suspend the officer’s license until final determination of the disciplinary complaint. This bill requires the Director to issue the emergency order to suspend the officer’s license, instead of leaving it up the Director’s discretion.

HB 440 (Hovis) – revises disciplinary procedures for police officers.

HB 460 (Merideth) – changes the law regarding the Second Amendment Preservation Act by removing the provisions that subject law enforcement agencies and local governments to penalties.

HB 485 (Baker) – changes the law regarding concealed carrying of weapons by allowing firearms in churches and other places of worship with a concealed carry permit.

HB 514 (Mayhew) – prohibits a fire protection district from adopting any ordinances, orders, rules, or regulations related to the subdivision of land for residential purposes or to the construction or installation of improvements or infrastructure or utility facilities related to serving residential construction.

HB 570 (Christ) – creates the offense of unlawfully gaining entry into a motor vehicle, which a person commits if he or she lifts the door handles or otherwise tries the doors and locks of successive vehicles in an attempt to gain entry.  Crime Prevention & Public Safety Committee.

HB 602 (Reedy) – modifies the offense of unlawful use of a weapon by clarifying circumstances of firing from a vehicle legally and by adding Blair’s Law, which adds the discharging of a firearm within or into the limits of a municipality to the offense.

HB 702 (Christ) – returns operations of the St. Louis City police to a state appointed board of police commissioners.  Crime Prevention & Public Safety Committee.

HB 751 (Crossley) – modifies provisions relating to keeping records for the sale of catalytic converters.

HB 863 (O’Donnell) – provides that a municipality that issues a municipal green bond shall establish a green bond holder protection fund separate from the municipality’s debt service reserve fund or an equivalent fund.  Financial Institutions Committee.  Hearing 1/31.

HB 868 (Lovasco) – no law enforcement agency or prosecuting authority shall refer,  transfer, or otherwise relinquish possession of property or currency owned by a Missouri resident and seized under state law to a federal agency.

 Taxation & Revenue Bills

 SB 8 (Eigel) – requires political subdivisions to annually reduce such 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 January 1, 2073.  Subject to appropriations, a political subdivision that receives less than the allowable amount of total real and personal property tax revenues shall be eligible for reimbursement from the state in an amount equal to the amount by which such revenues are below the allowable amount. (Oppose) Economic Development & Tax Policy Committee.  Heard 1/17.

SB 23 (Hough) – requires licensed motor vehicle dealers to collect and remit to the Department of Revenue the sales tax on all motor vehicles the dealer sells, beginning January 1, 2024.  Transportation, Infrastructure & Public Safety Committee.

SB 66 (Mosley) requires financing entities that extend financing to cover state and local sales taxes owed on the purchase of a motor vehicle to remit the amount of such state and local sales taxes to the appropriate taxing authority on behalf of the purchaser. The financing entity and purchaser shall be jointly liable to the taxing authority for the amount of sales tax owed.  Transportation, Infrastructure & Public Safety Committee.

SB 104 (Cierpiot) – current law requires personal property to be assessed at 33.3% of its true value in money. Beginning with the 2024 calendar year, this act reduces such percentage by one percent a year through the 2035 calendar year. Beginning with the 2036 calendar year, personal property shall be assessed at 20% of its true value.  Government Accountability Committee.

SB 105 (Cierpiot) – Current law requires residential real property to be assessed at 19% of its true value in money. Beginning with the c024 calendar year, this act reduces such percentage by one percent a year through the 2026 calendar year. Beginning with the 2027 calendar year, residential real property shall be assessed at 15% of its true value.  Government Accountability Committee.

SB 161 (Coleman) – provides that retail sales of food shall be exempt from state and local sales taxes.  Economic Development & Tax Policy Committee.  (Oppose)

SB 478 (Cierpiot) – requires political subdivisions to submit tax reductions and repeals to voters when receiving a petition signed by 15% of voters.

SJR 7 (Eigel) – constitutional amendment, if approved by the voters, prohibits total state general revenue appropriations for any fiscal year, as defined in the amendment, from exceeding the level from the previous fiscal year, allowing for growth in an amount equal to the annual rate of inflation plus the annual percentage change in state population. Total state general revenue appropriations may exceed the previous fiscal year’s amount only under certain conditions, as described in the amendment.  Fiscal Oversight Committee.   Heard 1/26.

SJR 18 (Brattin) – constitutional amendment to replace property taxes with a sales tax on the purchase.   Government Accountability Committee.

HB 58 (Terry) – Establishes a one-time one year period to set up payment plans for unpaid vehicle sales tax

HB 181 (Van Schoiack) – authorizes all cities in the state to levy a transient guest tax of 2-5% to promote tourism.  Subject to voter approval.

HB 247 (Hurlbert) – allows any municipality to levy a public safety sales tax of up to 1/2 cent, subject to approval by 4/7 of the voters.  The bill also allows any city with a fire department, any city contracting for fire service or any fire district (including those in St. Louis County) to levy a fire service sales tax of up to 1/2 cent, subject to 4/7 voter approval.  The League supports the sales tax flexibility offered to cities in this bill but has long opposed sales tax authority for County fire districts.

HB 260 (Sander) – exempts food from sales tax.  (Oppose)

HB 377 (Quade)- exempts food from sales tax.  (Oppose)

HB 415 (O’Donnell) – requires licensed motor vehicle dealers to collect and remit to the Department of Revenue the sales tax on all motor vehicles the dealer sells, beginning January 1, 2024.  Ways & Means Committee. Hearing 2/2.

HB 452 (Coleman) – exempts food from sales tax.  (Oppose)

HB 526 (Mosley) – requires entities that provide financing that covers the sales tax on motor vehicle purchases to remit the sales tax directly to the Department of Revenue on behalf of the purchaser.

HB 589 (Murphy) – allows voters of surrounding counties to vote on the retention of the St. Louis earnings tax every five years.

HB 591 (Sauls) – exempts food from sales tax.  (Oppose)

HB 641 (McGirl) – authorizes cities which contract for fire service to levy a fire sales tax.  (Support)

HB 810 (Merideth) – allows any political subdivision to increase the tax on cigarettes subject to a public vote.

HB 896 (Gray) exempts food from state and local sales tax.  (Oppose)

Transportation and Vehicle Bills

 SB 233 (Brown) – provides that any political subdivision that adopts an ordinance or other regulation that requires installation of electric vehicle charging stations at any non-automotive fueling station business shall pay all costs associated with the installation, maintenance, and operation of the stations. No political subdivision shall adopt any ordinance or other regulation that requires more than five such stations per parking lot located at any non-automotive fueling station, or infrastructure for future installation of more than five such stations. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.

SB 242 (Eigel) – repeals the 2021 gas tax increase. (Oppose)

SB 260 (Moon) – repeals the 2021 gas tax increase. (Oppose)

SB 454 (Carter) – repeals the 2021 gas tax increase. (Oppose)

HB 184 (Murphy) – provides that any political subdivision that adopts an ordinance or other regulation that requires installation of electric vehicle charging stations at any non-automotive fueling station business shall pay all costs associated with the installation, maintenance, and operation of the stations. No political subdivision shall adopt any ordinance or other regulation that requires more than five such stations per parking lot located at any non-automotive fueling station, or infrastructure for future installation of more than five such stations. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.  Government Efficiency & Downsizing Committee.  Heard 1/25.

HB 246 (Hurlbert) – prohibits the state and any political subdivision from establishing or collecting any fee for parking on any public street.  Government Efficiency & Downsizing Committee.  Hearing 2/1.  (Oppose)

 Utility & Broadband Bills

SB 152 (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 services 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 299 (Hoskins) – Tmodifies the definition of “video service” for provisions of law relating to video service providers. The act excludes streaming content accessed via a service that enables users to access content via the internet from the definition of “video service”

HB 479 (Bromley) – excludes streaming services from the definition of video services thus eliminating streaming services from local taxes.  Utilities Committee.  (Oppose)

HB 647 (Knight) – excludes streaming services from the definition of video services thus eliminating streaming services from local taxes.  Utilities Committee.  (Oppose)

HB 651 (Richey) – excludes streaming services from the definition of video services thus eliminating streaming services from local taxes.  Utilities Committee.   (Oppose)

 

 

 

 

LEGISLATIVE UPDATE JANUARY 20, 2023

LEGISLATIVE UPDATE 1-20-23

 

Senate hearing schedule can be found HERE.

House hearing schedule can be found HERE.

  

January 20, 2023

 

Several bills in each chamber have now been assigned to committee and hearings will ramp up starting 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 last week are in red.

Priority Bills

HB 177 (Van Schoiack) – currently, no city in Missouri shall submit, to the voters, any proposal that results in a combined rate of sales taxes adopted under Section 94.510,RSMo in excess of 2%. This bill removes this requirement.

HB 309 (Riggs) – authorizes two or more political subdivisions, upon a vote of eligible voters, to form a broadband infrastructure improvement district for the delivery of broadband Internet service to their residents. A district has the power to contract with a broadband Internet service provider to provide broadband Internet service to the residents of the district.

HB 394 (Falkner) – defines as closed records email addresses of local government residents for purposes of receiving government correspondence and GPS records of public safety vehicles. (Support)

 Court Bills

 HB 42 (Burnett) – Currently, municipal court judges cannot be a judge or prosecutor for any other court. This bill specifies that only full-time municipal court judges are prohibited from being a judge or prosecutor for any other court.  WITHDRAWN

HB 252 (Hafner) – currently, if a Missouri resident is charged with a moving violation and fails to dispose of the charges a, the court informs the resident that it will instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. Under this bill, the court will inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s license. If a Missouri resident is charged with only a minor traffic violation and fails to dispose of the charges as ordered and fails to appear on two return dates without good cause, the court will, within 10 days of the failure to comply, inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. A person whose license is suspended under these provisions will receive limited driving privileges unless the Director of the Department of Revenue finds that the defendant is ineligible for such privileges.

HB 305 (Roberts) – prohibits a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a motor vehicle equipment violation citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the motor vehicle equipment violation have been satisfied.

Economic Development Bills

 SB 96 (Koenig) – requires a unanimous vote of a local governing body to establish a community improvement district or transportation development district.   Local Government & Elections Committee.

SB 306 (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.

HB 536 (Keathley) – requires CIDs and TDDs to be unanimously approved by the governing body.

Election Bills

SB 202 (Brattin) – changes the filing period for declarations of candidacy in all political subdivisions and special districts that have not otherwise required a filing period by law or charter to be 8:00 a.m. on the 18th Tuesday prior to the election until 5:00 p.m. on the 13th Tuesday prior to the election.  The bill also requires all candidates for offices in cities, towns, villages, and townships to declare a political party affiliation when filing for office. (Oppose) 

SB 218 (Mosley) – requires each political subdivision to redistrict or reapportion their wards not later than 5 months prior to the opening of filing for office after the census data is reported to the President of the United States. Such wards shall be drawn using the following criteria, in order of priority:  Wards shall be as nearly equal as practicable in population, and shall be drawn on the basis of one person, one vote. Wards are as nearly equal as practicable in population if they do not deviate by more than five percent from the ideal population.

SB 479 (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 which occur in even number years.

HB 186 (Murphy) – prohibits a political subdivision or election authority from describing any proposed tax on property in a political subdivision as not increasing taxes, or any language to that effect, unless both: (1) Failing to adopt the proposed measure would cause an actual increase in the tax rate; and (2) Adopting the measure would cause the tax rate to stay the same or decrease.

HB 416 (Sander) – requires an elected official to resign his or her office before seeking a new elective office.

HB 656 (West) – changes date for closing of election filing from 14th to 12th Tuesday prior to election.

HJR 16 (Seitz) – constitutional amendment to restrict tax increase elections to the general election date, which is November of even numbered years.  (Oppose)

HJR 50 (Mayhew) – constitutional amendment to restrict tax increase elections to the general election date, which is November of even numbered years.   (Oppose)

Miscellaneous Bills

  SB 174 (Koenig) – makes various changes to the Sunshine Law including allowing a public governmental body is authorized to close records that are related to 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.  (Support)

SB 207 (Eslinger) –  establishes a statutory cause of action for damages arising out of a public nuisance and replaces any such common law cause of action to the contrary. This act defines a public nuisance as an unlawful condition that violates an established public right, which is defined as those rights commonly held by all members of the public to the use of public land, air, and water. Additionally, this act provides that public nuisance actions may only be brought by the state or a political subdivision thereof and only through a government attorney of the relevant jurisdiction unless there is a contract to retain a private attorney that meets certain requirements provided by this act

SB 524 (Bernskoetter) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 64 (Terry) – establishes term limits of 8 years for 4th class city mayors.  Allows monthly stipends for 4th class city elected officials, rather than salaries.

HB 72 (Dinkins) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 101 (Davidson) – provides that private contractors, when acting within the scope of a government contract, shall have the same sovereign or governmental tort immunity as a public entity.

HB 103 (Barnes) – establishes the offenses of harassment of a school or recreation athletic official and entry or remaining on site of a school or recreation athletic contest after being forbidden

HB 108 (Barnes) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 256 (Pollitt) – expands the definition of “special victim” under Section 565.002, RSMo, to include sports officials assaulted at a sporting event while performing their duties as sports officials.

HB 264 (Sander) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2022 and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code, and are authorized to adopt local amendments to the Code or amendments made by the International Code Council.

HB 296 (Haden) – 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.

HB 362 (Proudie) – specifies that limited liability companies that own real property in St. Louis County must designate a contact person with the county clerk.

HB 380 (Quade) – in a civil action brought by the Attorney General against a political subdivision, including school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district. (Support)

HB 516 (Mayhew) – for any 4th class city with no more than two thousand inhabitants, if a statute or ordinance authorizes the mayor  to appoint a member of a  board or commission, any requirement that the appointed person be a resident of the 5city shall be deemed satisfied if the person owns real property or a business in the city,  regardless of whether the position to which the appointment is made is considered an officer of the city under section 79.250.

HB 562 (Sauls) – 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.  (Support)

HB 580 (Houx) – establishes a limit on the regulation of construction standards for insulation in new dwellings that political subdivisions may adopt and enforce.  Government Efficiency & Downsizing Committee.

HB 625 (Lovasco) – prohibits a political subdivision from requiring an exempt homeowner to obtain a license, certification, or professional registration or be tested as a condition of applying for a building permit if all work is done by the owner.  (Oppose)  Local Government Committee.

HB 626 (Lovasco) – prohibits local governments from regulating parking of vehicles in private property.  Also prohibits local governments from limiting or banning home rentals.  (Oppose)

HB 646 (Lovasco) – allows members of the general assembly to serve as ex-officio members of boards, commissions, councils or legislative bodies within their district without voting privileges.

 Personnel & Employment Bills

 SB 24 (Hough) – establishes the “Missouri First Responder Mental Health Initiative Act”. This act establishes the rights of first responders to access behavioral health care services and responsive treatment and to have certain records of such treatment be deemed confidential, as specified in the act, and shall not be shared with an employer. First responders shall have the right to seek treatment in any geographic area without restrictions or limitations imposed by an employer or insurance carrier and the right to receive expanded Family and Medical Leave Act protections while voluntarily seeking preventative treatment. First responders shall have the right to have treatment and living quarters in facilities separate from other patients, as well as access to behavioral health treatment for up to 36 months following retirement regardless of Medicare restrictions.  First responders receiving behavioral health services shall be able to seek reimbursement from the First Responder Behavioral Health Grant Program established by this act, in amounts specified in the act. The Department of Mental Health shall make grants to eligible recipients to reimburse behavioral health care expenses, as well as peer support education, prevention and awareness training, software, and other services.  Insurance/Banking Committee.

SB 46 (Gannon) – political subdivisions may elect to cover telecommunication first responders as public safety personnel.  Transportation, Infrastructure & Public Safety Committee.

SB 120 (May)  establishes post-traumatic stress disorder (PTSD), as described in the Diagnostic and Statistical Manual of Mental Health Disorders, Fifth Edition, (DSM-5) as a compensable occupational disease under workers’ compensation when diagnosed in first responders. A first responder shall not require a physical injury in order to be eligible for benefits, but preexisting PTSD is not compensable.

SB 311 (Beck) – This act provides that post-traumatic stress disorder (PTSD) diagnosed in any person who is a firefighter, police officer, emergency medical technician, emergency medical dispatcher or other first responder shall be presumed as an occupational disease resulting from employment if:

  • The person has completed at least 5 years of employment; and
  • The person was examined by a medical professional upon commencing employment and the examination failed to reveal any evidence of PTSD.

Denial of a claim under this act shall be on the basis of clear and convincing medical evidence that the cause of the PTSD is unrelated to the person’s employment as a firefighter, police officer, emergency medical technician, emergency medical dispatcher, or other first responder.

SB 476 (Trent) – prohibits public employers from denying consideration to any applicant based solely on the applicant lacking a post-secondary degree. A public employer may include prior direct experience and particular certifications and courses as baseline requirements but may not include a postsecondary degree as a baseline requirement.

HB 125 (Nurrenbern) – subjects public employers to the state minimum wage law. (Oppose)

HB 141 (Adams) – requires every first responder agency to provide critical incident counseling services for all of its employees at the agency’s expense

HB 164 (Seitz) – recognizes Posttraumatic Stress Disorder (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers’ Compensation, when diagnosed in specified first responders.

HB 223 (Crossley) – if, preceding the date of an injury or death, an employee who was employed on active duty as a first responder is diagnosed with a mental impairment and had not been diagnosed with the mental impairment previously, the mental impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment.

HB 466 (Gregory) – modifies provisions related to workers’ compensation to establish PTSD as an occupational disease for first responders.

 Public Safety Bills

 SB 38 (Williams) – under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.

Additionally, this act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:

  • Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;
  • Has been convicted, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;
  • Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;
  • Has tested positive for a controlled substance without a valid prescription;
  • Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority; or
  • Has committed any act of gross misconduct indicating inability to function as a peace officer. Transportation, Infrastructure & Public Safety Committee.

SB 78 (Schroer) – returns operations of the St. Louis City police to a state appoint board of police commissioners.  Transportation, Infrastructure & Public Safety Committee.  Hearing 1/25.

SB 197 (Williams) modifies numerous provisions relating to warrants executed by law enforcement officers.

SB 280 (Eigel) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

SB 445 (Washington) – modifies provisions relating to use of force by law enforcement officers

HB 33 (Brown) – repeals Section 21.750, RSMo, in which the General Assembly preempts the entire field of firearms regulation. This bill allows political subdivisions to regulate firearms in any manner allowed by state and federal law that is consistent with their police powers or charter.

HB 53 (Copeland) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

HB 109 (Sharp) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

HB 117 (Shields) – currently, qualified first responders are allowed to administer naloxone to a person suffering from an apparent overdose. This bill clarifies the definition of first responders so that state and local law enforcement agency staff members do not need to be acting under the directives and established protocols of a medical director of a licensed ground ambulance service. That requirement only applies to fire department personnel, fire district personnel, and licensed emergency medical technicians.

HB 199 (Wright) – establishes authority for cities to issue municipal search warrants for ordinance violations

HB 210 (Smith) – provides that no person will be stopped, inspected, or detained solely for a traffic violation that does not involve speeding or failure to register or re-register a vehicle, that does not involve an accident or injury, and that does not involve points assessed by the Department of Revenue

HB 213 (Sparks) – returns operations of the St. Louis City police to a state appointed board of police commissioners.

HB 216 (Myers) – returns operations of the St. Louis City police to a state appointed board of police commissioners.

HB 282 (Schnelting) – allows a concealed carry permit holder to lawfully carry firearms on public transportation.

HB 306 (Perkins) – returns operations of the St. Louis City police to a state appointed board of police commissioners.

HB 359 (Cook) – returns operations of the St. Louis City police to a state appointed board of police commissioners.

HB 411 (Doll) – prohibits the assessment of a fine greater than $500 or a penalty involving jail time for a violation of any pedestrian offense.

HB 439 (Hovis) – currently, when the Director of Public Safety finds probable cause to immediately suspend a peace officer as a result of a disciplinary complaint, the Director may, without notice or a hearing, issue an emergency order to suspend the officer’s license until final determination of the disciplinary complaint. This bill requires the Director to issue the emergency order to suspend the officer’s license, instead of leaving it up the Director’s discretion.

HB 440 (Hovis) – revises disciplinary procedures for police officers.

HB 460 (Merideth) – changes the law regarding the Second Amendment Preservation Act by removing the provisions that subject law enforcement agencies and local governments to penalties.

HB 485 (Baker) – changes the law regarding concealed carrying of weapons by allowing firearms in churches and other places of worship with a concealed carry permit.

HB 514 (Mayhew) – prohibits a fire protection district from adopting any ordinances, orders, rules, or regulations related to the subdivision of land for residential purposes or to the construction or installation of improvements or infrastructure or utility facilities related to serving residential construction.

HB 570 (Christ) – creates the offense of unlawfully gaining entry into a motor vehicle, which a person commits if he or she lifts the door handles or otherwise tries the doors and locks of successive vehicles in an attempt to gain entry.

HB 602 (Reedy) – modifies the offense of unlawful use of a weapon by clarifying circumstances of firing from a vehicle legally and by adding Blair’s Law, which adds the discharging of a firearm within or into the limits of a municipality to the offense.

HB 702 (Christ) – returns operations of the St. Louis City police to a state appointed board of police commissioners.

 Taxation & Revenue Bills

 SB 8 (Eigel) – requires political subdivisions to annually reduce such 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 January 1, 2073.  Subject to appropriations, a political subdivision that receives less than the allowable amount of total real and personal property tax revenues shall be eligible for reimbursement from the state in an amount equal to the amount by which such revenues are below the allowable amount. (Oppose) Economic Development & Tax Policy Committee.  Heard 1/17.

SB 23 (Hough) – requires licensed motor vehicle dealers to collect and remit to the Department of Revenue the sales tax on all motor vehicles the dealer sells, beginning January 1, 2024.  Transportation, Infrastructure & Public Safety Committee.

SB 66 (Mosley) requires financing entities that extend financing to cover state and local sales taxes owed on the purchase of a motor vehicle to remit the amount of such state and local sales taxes to the appropriate taxing authority on behalf of the purchaser. The financing entity and purchaser shall be jointly liable to the taxing authority for the amount of sales tax owed.  Transportation, Infrastructure & Public Safety Committee.

SB 104 (Cierpiot) – current law requires personal property to be assessed at 33.3% of its true value in money. Beginning with the 2024 calendar year, this act reduces such percentage by one percent a year through the 2035 calendar year. Beginning with the 2036 calendar year, personal property shall be assessed at 20% of its true value.  Government Accountability Committee.

SB 105 (Cierpiot) – Current law requires residential real property to be assessed at 19% of its true value in money. Beginning with the c024 calendar year, this act reduces such percentage by one percent a year through the 2026 calendar year. Beginning with the 2027 calendar year, residential real property shall be assessed at 15% of its true value.  Government Accountability Committee.

SB 161 (Coleman) – provides that retail sales of food shall be exempt from state and local sales taxes. (Oppose)

SB 478 (Cierpiot) – requires political subdivisions to submit tax reductions and repeals to voters when receiving a petition signed by 15% of voters.

SJR 7 (Eigel) – constitutional amendment, if approved by the voters, prohibits total state general revenue appropriations for any fiscal year, as defined in the amendment, from exceeding the level from the previous fiscal year, allowing for growth in an amount equal to the annual rate of inflation plus the annual percentage change in state population. Total state general revenue appropriations may exceed the previous fiscal year’s amount only under certain conditions, as described in the amendment.  Fiscal Oversight Committee

SJR 18 (Brattin) – constitutional amendment to replace property taxes with a sales tax on the purchase.   Government Accountability Committee.

HB 58 (Terry) – Establishes a one-time one year period to set up payment plans for unpaid vehicle sales tax

HB 181 (Van Schoiack) – authorizes all cities in the state to levy a transient guest tax of 2-5% to promote tourism.  Subject to voter approval.

HB 247 (Hurlbert) – allows any municipality to levy a public safety sales tax of up to 1/2 cent, subject to approval by 4/7 of the voters.  The bill also allows any city with a fire department, any city contracting for fire service or any fire district (including those in St. Louis County) to levy a fire service sales tax of up to 1/2 cent, subject to 4/7 voter approval.  The League supports the sales tax flexibility offered to cities in this bill but has long opposed sales tax authority for County fire districts.

HB 260 (Sander) – exempts food from sales tax.  (Oppose)

HB 377 (Quade)- exempts food from sales tax.  (Oppose)

HB 415 (O’Donnell) – requires licensed motor vehicle dealers to collect and remit to the Department of Revenue the sales tax on all motor vehicles the dealer sells, beginning January 1, 2024.

HB 452 (Coleman) – exempts food from sales tax.  (Oppose)

HB 526 (Mosley) – requires entities that provide financing that covers the sales tax on motor vehicle purchases to remit the sales tax directly to the Department of Revenue on behalf of the purchaser.

HB 589 (Murphy) – allows voters of surrounding counties to vote on the retention of the St. Louis earnings tax every five years.

HB 591 (Sauls) – exempts food from sales tax.  (Oppose)

HB 641 (McGirl) – authorizes cities which contract for fire service to levy a fire sales tax.  (Support)

Transportation and Vehicle Bills

 SB 231 (Carter) – repeals the 2021 gas tax increase, subject to state voter approval. (Oppose)  WITHDRAWN

SB 233 (Brown) – provides that any political subdivision that adopts an ordinance or other regulation that requires installation of electric vehicle charging stations at any non-automotive fueling station business shall pay all costs associated with the installation, maintenance, and operation of the stations. No political subdivision shall adopt any ordinance or other regulation that requires more than five such stations per parking lot located at any non-automotive fueling station, or infrastructure for future installation of more than five such stations. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.

SB 242 (Eigel) – repeals the 2021 gas tax increase. (Oppose)

SB 260 (Moon) – repeals the 2021 gas tax increase. (Oppose)

SB 454 (Carter) – repeals the 2021 gas tax increase. (Oppose)

HB 184 (Murphy) – provides that any political subdivision that adopts an ordinance or other regulation that requires installation of electric vehicle charging stations at any non-automotive fueling station business shall pay all costs associated with the installation, maintenance, and operation of the stations. No political subdivision shall adopt any ordinance or other regulation that requires more than five such stations per parking lot located at any non-automotive fueling station, or infrastructure for future installation of more than five such stations. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.  Government Efficiency & Downsizing Committee.  Hearing 1/25.

HB 246 (Hurlbert) – prohibits the state and any political subdivision from establishing or collecting any fee for parking on any public street.  (Oppose)

 Utility & Broadband Bills

SB 152 (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 services does not include any video programming accessed via a service that enables users to access content over the internet, including streaming content

SB 299 (Hoskins) – The act modifies the definition of “video service” for provisions of law relating to video service providers. The act excludes streaming content accessed via a service that enables users to access content via the internet from the definition of “video service”

HB 479 (Bromley) – excludes streaming services from the definition of video services thus eliminating streaming services from local taxes.  (Oppose)

HB 647 (Knight) – excludes streaming services from the definition of video services thus eliminating streaming services from local taxes.  (Oppose)

HB 651 (Richey) – excludes streaming services from the definition of video services thus eliminating streaming services from local taxes.  (Oppose)

LEGISLATIVE UPDATE JANUARY 13, 2023

LEGISLATIVE UPDATE 1-13-23 PDF

 

Senate hearing schedule can be found HERE.

 

House hearing schedule can be found HERE.   

 

January 13, 2023

 

The 2023 session began on Wednesday, January 4.  Each week we will send out an update report showing bill actions during the week.  Below are summaries of bills of interest.  Changes from last week are in red.

Priority Bills

HB 177 (Van Schoiack) – currently, no city in Missouri shall submit, to the voters, any proposal that results in a combined rate of sales taxes adopted under Section 94.510,RSMo in excess of 2%. This bill removes this requirement.

HB 309 (Riggs) – authorizes two or more political subdivisions, upon a vote of eligible voters, to form a broadband infrastructure improvement district for the delivery of broadband Internet service to their residents. A district has the power to contract with a broadband Internet service provider to provide broadband Internet service to the residents of the district.

HB 394 (Falkner) – defines as closed records email addresses of local government residents for purposes of receiving government correspondence and GPS records of public safety vehicles. (Support)

 Court Bills

 HB 42 (Burnett) – Currently, municipal court judges cannot be a judge or prosecutor for any other court. This bill specifies that only full-time municipal court judges are prohibited from being a judge or prosecutor for any other court.

HB 252 (Hafner) – currently, if a Missouri resident is charged with a moving violation and fails to dispose of the charges a, the court informs the resident that it will instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. Under this bill, the court will inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s license. If a Missouri resident is charged with only a minor traffic violation and fails to dispose of the charges as ordered and fails to appear on two return dates without good cause, the court will, within 10 days of the failure to comply, inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. A person whose license is suspended under these provisions will receive limited driving privileges unless the Director of the Department of Revenue finds that the defendant is ineligible for such privileges.

HB 305 (Roberts) – prohibits a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a motor vehicle equipment violation citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the motor vehicle equipment violation have been satisfied.

Economic Development Bills

 SB 96 (Koenig) – requires a unanimous vote of a local governing body to establish a community improvement district or transportation development district.

SB 306 (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.

HB 536 (Keathley) – requires CIDs and TDDs to be unanimously approved by the governing body.

Election Bills

SB 202 (Brattin) – changes the filing period for declarations of candidacy in all political subdivisions and special districts that have not otherwise required a filing period by law or charter to be 8:00 a.m. on the 18th Tuesday prior to the election until 5:00 p.m. on the 13th Tuesday prior to the election.  The bill also requires all candidates for offices in cities, towns, villages, and townships to declare a political party affiliation when filing for office. (Oppose)

SB 218 (Mosley) – requires each political subdivision to redistrict or reapportion their wards not later than 5 months prior to the opening of filing for office after the census data is reported to the President of the United States. Such wards shall be drawn using the following criteria, in order of priority:  Wards shall be as nearly equal as practicable in population, and shall be drawn on the basis of one person, one vote. Wards are as nearly equal as practicable in population if they do not deviate by more than five percent from the ideal population.

SB 479 (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 which occur in even number years.

HB 186 (Murphy) – prohibits a political subdivision or election authority from describing any proposed tax on property in a political subdivision as not increasing taxes, or any language to that effect, unless both: (1) Failing to adopt the proposed measure would cause an actual increase in the tax rate; and (2) Adopting the measure would cause the tax rate to stay the same or decrease.

HB 416 (Sander) – requires an elected official to resign his or her office before seeking a new elective office.

HJR 16 (Seitz) – constitutional amendment to restrict tax increase elections to the general election date, which is November of even numbered years.  (Oppose)

Miscellaneous Bills

  SB 174 (Koenig) – makes various changes to the Sunshine Law including allowing a public governmental body is authorized to close records that are related to 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.  (Support)

SB 207 (Eslinger) –  establishes a statutory cause of action for damages arising out of a public nuisance and replaces any such common law cause of action to the contrary. This act defines a public nuisance as an unlawful condition that violates an established public right, which is defined as those rights commonly held by all members of the public to the use of public land, air, and water. Additionally, this act provides that public nuisance actions may only be brought by the state or a political subdivision thereof and only through a government attorney of the relevant jurisdiction unless there is a contract to retain a private attorney that meets certain requirements provided by this act

HB 64 (Terry) – establishes term limits of 8 years for 4th class city mayors.  Allows monthly stipends for 4th class city elected officials, rather than salaries.

HB 72 (Dinkins) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 101 (Davidson) – provides that private contractors, when acting within the scope of a government contract, shall have the same sovereign or governmental tort immunity as a public entity.

HB 103 (Barnes) – establishes the offenses of harassment of a school or recreation athletic official and entry or remaining on site of a school or recreation athletic contest after being forbidden

HB 108 (Barnes) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 256 (Pollitt) – expands the definition of “special victim” under Section 565.002, RSMo, to include sports officials assaulted at a sporting event while performing their duties as sports officials.

HB 264 (Sander) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2022 and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code, and are authorized to adopt local amendments to the Code or amendments made by the International Code Council.

HB 296 (Haden) – 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.

HB 362 (Proudie) – specifies that limited liability companies that own real property in St. Louis County must designate a contact person with the county clerk.

HB 380 (Quade) – in a civil action brought by the Attorney General against a political subdivision, including school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district. (Support)

HB 516 (Mayhew) – for any 4th class city with no more than two thousand inhabitants, if a statute or ordinance authorizes the mayor  to appoint a member of a  board or commission, any requirement that the appointed person be a resident of the 5city shall be deemed satisfied if the person owns real property or a business in the city,  regardless of whether the position to which the appointment is made is considered an officer of the city under section 79.250.

HB 562 (Sauls) – 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.  (Support)

 Personnel & Employment Bills

 SB 24 (Hough)establishes the “Missouri First Responder Mental Health Initiative Act”. This act establishes the rights of first responders to access behavioral health care services and responsive treatment and to have certain records of such treatment be deemed confidential, as specified in the act, and shall not be shared with an employer. First responders shall have the right to seek treatment in any geographic area without restrictions or limitations imposed by an employer or insurance carrier and the right to receive expanded Family and Medical Leave Act protections while voluntarily seeking preventative treatment. First responders shall have the right to have treatment and living quarters in facilities separate from other patients, as well as access to behavioral health treatment for up to 36 months following retirement regardless of Medicare restrictions.  First responders receiving behavioral health services shall be able to seek reimbursement from the First Responder Behavioral Health Grant Program established by this act, in amounts specified in the act. The Department of Mental Health shall make grants to eligible recipients to reimburse behavioral health care expenses, as well as peer support education, prevention and awareness training, software, and other services.  Insurance/Banking Committee.

SB 46 (Gannon) – political subdivisions may elect to cover telecommunication first responders as public safety personnel.  Transportation, Infrastructure & Public Safety Committee.

SB 120 (May)  establishes post-traumatic stress disorder (PTSD), as described in the Diagnostic and Statistical Manual of Mental Health Disorders, Fifth Edition, (DSM-5) as a compensable occupational disease under workers’ compensation when diagnosed in first responders. A first responder shall not require a physical injury in order to be eligible for benefits, but preexisting PTSD is not compensable.

SB 311 (Beck) – This act provides that post-traumatic stress disorder (PTSD) diagnosed in any person who is a firefighter, police officer, emergency medical technician, emergency medical dispatcher or other first responder shall be presumed as an occupational disease resulting from employment if:

  • The person has completed at least 5 years of employment; and
  • The person was examined by a medical professional upon commencing employment and the examination failed to reveal any evidence of PTSD.

Denial of a claim under this act shall be on the basis of clear and convincing medical evidence that the cause of the PTSD is unrelated to the person’s employment as a firefighter, police officer, emergency medical technician, emergency medical dispatcher, or other first responder.

SB 476 (Trent) – prohibits public employers from denying consideration to any applicant based solely on the applicant lacking a post-secondary degree. A public employer may include prior direct experience and particular certifications and courses as baseline requirements but may not include a postsecondary degree as a baseline requirement.

HB 125 (Nurrenbern) – Subjects public employers to the state minimum wage law. (Oppose)

HB 141 (Adams) – requires every first responder agency to provide critical incident counseling services for all of its employees at the agency’s expense

HB 164 (Seitz) – recognizes Post Traumatic Stress Disorder (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers’ Compensation, when diagnosed in specified first responders.

HB 223 (Crossley) – if, preceding the date of an injury or death, an employee who was employed on active duty as a first responder is diagnosed with a mental impairment and had not been diagnosed with the mental impairment previously, the mental impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment.

HB 466 (Gregory) – modifies provisions related to workers’ compensation to establish PTSD as an occupational disease for first responders.

 Public Safety Bills

 SB 38 (Williams) – Under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.

Additionally, this act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:

  • Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;
  • Has been convicted, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;
  • Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;
  • Has tested positive for a controlled substance without a valid prescription;
  • Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority; or
  • Has committed any act of gross misconduct indicating inability to function as a peace officer. Transportation, Infrastructure & Public Safety Committee.

SB 78 (Schroer) – returns operations of the St. Louis City police to a state appoint board of police commissioners.  Transportation, Infrastructure & Public Safety Committee.

SB 197 (Williams) modifies numerous provisions relating to warrants executed by law enforcement officers.

SB 280 (Eigel) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

SB 445 (Washington) – modifies provisions relating to use of force by law enforcement officers

HB 33 (Brown) – repeals Section 21.750, RSMo, in which the General Assembly preempts the entire field of firearms regulation. This bill allows political subdivisions to regulate firearms in any manner allowed by state and federal law that is consistent with their police powers or charter.

HB 53 (Copeland) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

HB 109 (Sharp) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

HB 117 (Shields) – currently, qualified first responders are allowed to administer naloxone to a person suffering from an apparent overdose. This bill clarifies the definition of first responders so that state and local law enforcement agency staff members do not need to be acting under the directives and established protocols of a medical director of a licensed ground ambulance service. That requirement only applies to fire department personnel, fire district personnel, and licensed emergency medical technicians.

HB 199 (Wright) – establishes authority for cities to issue municipal search warrants for ordinance violations

HB 210 (Smith) – provides that no person will be stopped, inspected, or detained solely for a traffic violation that does not involve speeding or failure to register or re-register a vehicle, that does not involve an accident or injury, and that does not involve points assessed by the Department of Revenue

HB 213 (Sparks) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

HB 216 (Myers) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

HB 282 (Schnelting) – allows a concealed carry permit holder to lawfully carry firearms on public transportation.

HB 306 (Perkins) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

HB 359 (Cook) – returns operations of the St. Louis City police to a state appoint board of police commissioners.

HB 411 (Doll) – prohibits the assessment of a fine greater than $500 or a penalty involving jail time for a violation of any pedestrian offense.

HB 439 (Hovis) – currently, when the Director of Public Safety finds probable cause to immediately suspend a peace officer as a result of a disciplinary complaint, the Director may, without notice or a hearing, issue an emergency order to suspend the officer’s license until final determination of the disciplinary complaint. This bill requires the Director to issue the emergency order to suspend the officer’s license, instead of leaving it up the Director’s discretion.

HB 440 (Hovis) – revises disciplinary procedures for police officers.

HB 460 (Merideth) – changes the law regarding the Second Amendment Preservation Act by removing the provisions that subject law enforcement agencies and local governments to penalties.

HB 485 (Baker) – changes the law regarding concealed carrying of weapons by allowing firearms in churches and other places of worship with a concealed carry permit.

HB 514 (Mayhew) – prohibits a fire protection district from adopting any ordinances, orders, rules, or regulations related to the subdivision of land for residential purposes or to the construction or installation of improvements or infrastructure or utility facilities related to serving residential construction.

Taxation & Revenue Bills

 SB 8 (Eigel)requires political subdivisions to annually reduce such 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 January 1, 2073.  Subject to appropriations, a political subdivision that receives less than the allowable amount of total real and personal property tax revenues shall be eligible for reimbursement from the state in an amount equal to the amount by which such revenues are below the allowable amount.  Economic Development & Tax Policy Committee.  Hearing 1/17.

SB 23 (Hough) – requires licensed motor vehicle dealers to collect and remit to the Department of Revenue the sales tax on all motor vehicles the dealer sells, beginning January 1, 2024.  Transportation, Infrastructure & Public Safety Committee.

SB 66 (Mosley) requires financing entities that extend financing to cover state and local sales taxes owed on the purchase of a motor vehicle to remit the amount of such state and local sales taxes to the appropriate taxing authority on behalf of the purchaser. The financing entity and purchaser shall be jointly liable to the taxing authority for the amount of sales tax owed.  Transportation, Infrastructure & Public Safety Committee.

SB 104 (Cierpiot) – current law requires personal property to be assessed at 33.3% of its true value in money. Beginning with the 2024 calendar year, this act reduces such percentage by one percent a year through the 2035 calendar year. Beginning with the 2036 calendar year, personal property shall be assessed at 20% of its true value.

SB 105 (Cierpiot) – Current law requires residential real property to be assessed at 19% of its true value in money. Beginning with the c024 calendar year, this act reduces such percentage by one percent a year through the 2026 calendar year. Beginning with the 2027 calendar year, residential real property shall be assessed at 15% of its true value.

SB 161 (Coleman) – provides that retail sales of food shall be exempt from state and local sales taxes. (Oppose)

SB 478 (Cierpiot) – requires political subdivisions to submit tax reductions and repeals to voters when receiving a petition signed by 15% of voters.

SJR 7 (Eigel) – constitutional amendment, if approved by the voters, prohibits total state general revenue appropriations for any fiscal year, as defined in the amendment, from exceeding the level from the previous fiscal year, allowing for growth in an amount equal to the annual rate of inflation plus the annual percentage change in state population. Total state general revenue appropriations may exceed the previous fiscal year’s amount only under certain conditions, as described in the amendment.

SJR 18 (Brattin) – constitutional amendment to replace property taxes with a sales tax on the purchase.

HB 58 (Terry) – Establishes a one-time one year period to set up payment plans for unpaid vehicle sales tax

HB 181 (Van Schoiack) – authorizes all cities in the state to levy a transient guest tax of 2-5% to promote tourism.  Subject to voter approval.

HB 247 (Hurlbert) – allows any municipality to levy a public safety sales tax of up to 1/2 cent, subject to approval by 4/7 of the voters.  The bill also allows any city with a fire department, any city contracting for fire service or any fire district (including those in St. Louis County) to levy a fire service sales tax of up to 1/2 cent, subject to 4/7 voter approval.  The League supports the sales tax flexibility offered to cities in this bill but has long opposed sales tax authority for County fire districts.

HB 260 (Sander) – exempts food from sales tax.  (Oppose)

HB 377 (Quade)- exempts food from sales tax.  (Oppose)

HB 415 (O’Donnell) – requires licensed motor vehicle dealers to collect and remit to the Department of Revenue the sales tax on all motor vehicles the dealer sells, beginning January 1, 2024.

HB 452 (Coleman) – exempts food from sales tax.  (Oppose)

HB 526 (Mosley) – requires entities that provide financing that covers the sales tax on motor vehicle purchases to remit the sales tax directly to the Department of Revenue on behalf of the purchaser.

Transportation and Vehicle Bills

 SB 231 (Carter) – repeals the 2021 gas tax increase, subject to state voter approval. (Oppose)

SB 233 (Brown) – provides that any political subdivision that adopts an ordinance or other regulation that requires installation of electric vehicle charging stations at any non-automotive fueling station business shall pay all costs associated with the installation, maintenance, and operation of the stations. No political subdivision shall adopt any ordinance or other regulation that requires more than five such stations per parking lot located at any non-automotive fueling station, or infrastructure for future installation of more than five such stations. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.

SB 242 (Eigel) – repeals the 2021 gas tax increase. (Oppose)

SB 260 (Moon) – repeals the 2021 gas tax increase. (Oppose)

SB 454 (Carter) – repeals the 2021 gas tax increase. (Oppose)

HB 184 (Murphy) – provides that any political subdivision that adopts an ordinance or other regulation that requires installation of electric vehicle charging stations at any non-automotive fueling station business shall pay all costs associated with the installation, maintenance, and operation of the stations. No political subdivision shall adopt any ordinance or other regulation that requires more than five such stations per parking lot located at any non-automotive fueling station, or infrastructure for future installation of more than five such stations. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.

HB 246 (Hurlbert) – prohibits the state and any political subdivision from establishing or collecting any fee for parking on any public street.  (Oppose)

Utility & Broadband Bills

SB 152 (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 services does not include any video programming accessed via a service that enables users to access content over the internet, including streaming content

SB 299 (Hoskins) – The act modifies the definition of “video service” for provisions of law relating to video service providers. The act excludes streaming content accessed via a service that enables users to access content via the internet from the definition of “video service”

HB 479 (Bromley) – excludes streaming services from the definition of video services thus eliminating streaming services from local taxes.  (Oppose)

LEGISLATIVE UPDATE JANUARY 6, 2023


LEGISLATIVE UPDATE 1-6-23 pdf

 

January 6, 2023

The 2023 session began on Wednesday, January 4. Each week we will send out an update report showing bill actions during the week. Below are summaries of bills of interest that were pre-filed.

Priority Bills

HB 177 (Van Schoiack) – currently, no city in Missouri shall submit, to the voters, any proposal that results in a combined rate of sales taxes adopted under Section 94.510,RSMo in excess of 2%. This bill removes this requirement.

HB 309 (Riggs) – authorizes two or more political subdivisions, upon a vote of eligible voters, to form a broadband infrastructure improvement district for the delivery of broadband Internet service to their residents. A district has the power to contract with a broadband Internet service provider to provide broadband Internet service to the residents of the district.

HB 394 (Falkner) – defines as closed records email addresses of local government residents for purposes of receiving government correspondence and GPS records of public safety vehicles. (Support)

Court Bills

HB 42 (Burnett) – Currently, municipal court judges cannot be a judge or prosecutor for any other court. This bill specifies that only full-time municipal court judges are prohibited from being a judge or prosecutor for any other court.

HB 252 (Hafner) – currently, if a Missouri resident is charged with a moving violation and fails to dispose of the charges a, the court informs the resident that it will instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. Under this bill, the court will inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s license. If a Missouri resident is charged with only a minor traffic violation and fails to dispose of the charges as ordered and fails to appear on two return dates without good cause, the court will, within 10 days of the failure to comply, inform the defendant that it may instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. A person whose license is suspended under these provisions will receive limited driving privileges unless the Director of the Department of Revenue finds that the defendant is ineligible for such privileges.
HB 305 (Roberts) – prohibits a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a motor vehicle equipment violation citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the motor vehicle equipment violation have been satisfied.

Economic Development Bills

SB 96 (Koenig) – requires a unanimous vote of a local governing body to establish a community improvement district or transportation development district.

SB 306 (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.

Election Bills
SB 202 (Brattin) – changes the filing period for declarations of candidacy in all political subdivisions and special districts that have not otherwise required a filing period by law or charter to be 8:00 a.m. on the 18th Tuesday prior to the election until 5:00 p.m. on the 13th Tuesday prior to the election. The bill also requires all candidates for offices in cities, towns, villages, and townships to declare a political party affiliation when filing for office. (Oppose)
SB 218 (Mosley) – requires each political subdivision to redistrict or reapportion their wards not later than 5 months prior to the opening of filing for office after the census data is reported to the President of the United States. Such wards shall be drawn using the following criteria, in order of priority: Wards shall be as nearly equal as practicable in population, and shall be drawn on the basis of one person, one vote. Wards are as nearly equal as practicable in population if they do not deviate by more than five percent from the ideal population;
HB 186 (Murphy) – prohibits a political subdivision or election authority from describing any proposed tax on property in a political subdivision as not increasing taxes, or any language to that effect, unless both: (1) Failing to adopt the proposed measure would cause an actual increase in the tax rate; and (2) Adopting the measure would cause the tax rate to stay the same or decrease.
HJR 16 (Seitz) – constitutional amendment to restrict tax increase elections to the general election date, which is November of even numbered years. (Oppose)
Miscellaneous Bills

SB 174 (Koenig) – makes various changes to the Sunshine Law including allowing a public governmental body is authorized to close records that are related to 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. (Support)

SB 207 (Eslinger) – establishes a statutory cause of action for damages arising out of a public nuisance and replaces any such common law cause of action to the contrary. This act defines a public nuisance as an unlawful condition that violates an established public right, which is defined as those rights commonly held by all members of the public to the use of public land, air, and water. Additionally, this act provides that public nuisance actions may only be brought by the state or a political subdivision thereof and only through a government attorney of the relevant jurisdiction unless there is a contract to retain a private attorney that meets certain requirements provided by this act

HB 64 (Terry) – establishes term limits of 8 years for 4th class city mayors. Allows monthly stipends for 4th class city elected officials, rather than salaries.

HB 72 (Dinkins) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 101 (Davidson) – provides that private contractors, when acting within the scope of a government contract, shall have the same sovereign or governmental tort immunity as a public entity.

HB 103 (Barnes) – establishes the offenses of harassment of a school or recreation athletic official and entry or remaining on site of a school or recreation athletic contest after being forbidden

HB 108 (Barnes) – adds to the definition of “special victim” a sports official assaulted while he or she is performing sports official duties or as a direct result of such duties.

HB 256 (Pollitt) – expands the definition of “special victim” under Section 565.002, RSMo, to include sports officials assaulted at a sporting event while performing their duties as sports officials.

HB 264 (Sander) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2022 and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code, and are authorized to adopt local amendments to the Code or amendments made by the International Code Council.

HB 296 (Haden) – 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.

HB 362 (Proudie) – Specifies that limited liability companies that own real property in St. Louis County must designate a contact person with the county clerk.

HB 380 (Quade) – in a civil action brought by the Attorney General against a political subdivision, including school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district. (Support)

Personnel & Employment Bills

SB 24 (Hough) – establishes the “Missouri First Responder Mental Health Initiative Act”. This act establishes the rights of first responders to access behavioral health care services and responsive treatment and to have certain records of such treatment be deemed confidential, as specified in the act, and shall not be shared with an employer. First responders shall have the right to seek treatment in any geographic area without restrictions or limitations imposed by an employer or insurance carrier and the right to receive expanded Family and Medical Leave Act protections while voluntarily seeking preventative treatment. First responders shall have the right to have treatment and living quarters in facilities separate from other patients, as well as access to behavioral health treatment for up to 36 months following retirement regardless of Medicare restrictions. First responders receiving behavioral health services shall be able to seek reimbursement from the First Responder Behavioral Health Grant Program established by this act, in amounts specified in the act. The Department of Mental Health shall make grants to eligible recipients to reimburse behavioral health care expenses, as well as peer support education, prevention and awareness training, software, and other services.
SB 46 (Gannon) – political subdivisions may elect to cover telecommunication first responders as public safety personnel.
SB 120 (May) establishes post-traumatic stress disorder (PTSD), as described in the Diagnostic and Statistical Manual of Mental Health Disorders, Fifth Edition, (DSM-5) as a compensable occupational disease under workers’ compensation when diagnosed in first responders. A first responder shall not require a physical injury in order to be eligible for benefits, but preexisting PTSD is not compensable.
SB 311 (Beck) – This act provides that post-traumatic stress disorder (PTSD) diagnosed in any person who is a firefighter, police officer, emergency medical technician, emergency medical dispatcher or other first responder shall be presumed as an occupational disease resulting from employment if:
· The person has completed at least 5 years of employment; and
· The person was examined by a medical professional upon commencing employment and the examination failed to reveal any evidence of PTSD.
Denial of a claim under this act shall be on the basis of clear and convincing medical evidence that the cause of the PTSD is unrelated to the person’s employment as a firefighter, police officer, emergency medical technician, emergency medical dispatcher, or other first responder.
HB 125 (Nurrenbern) – Subjects public employers to the state minimum wage law. (Oppose)
HB 141 (Adams) – requires every first responder agency to provide critical incident counseling services for all of its employees at the agency’s expense
HB 164 (Seitz) – recognizes Posttraumatic Stress Disorder (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers’ Compensation, when diagnosed in specified first responders.
HB 223 (Crossley) – if, preceding the date of an injury or death, an employee who was employed on active duty as a first responder is diagnosed with a mental impairment and had not been diagnosed with the mental impairment previously, the mental impairment shall presumptively be considered an occupational disease and shall be presumed to have arisen out of and in the course of employment.

Public Safety Bills

SB 38 (Williams) – Under current law, the POST Commission sets a minimum number of basic training hours for licensure for peace officers no lower than 470 hours and no higher than 600 with certain exceptions as provided in law. This act changes this requirement to be no lower than 600 hours.
Additionally, this act adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers. This act provides that any peace officer shall be disciplined who:
• Is unable to perform the function of a peace officer with reasonable competency or reasonable safety;
• Has been convicted, or has entered a plea of guilty or nolo contendere, in a criminal prosecution under any state laws, any federal laws, or any laws of anther country, regardless if a sentence was imposed;
• Has committed any act that involves moral turpitude or a reckless disregard for the safety of the public;
• Has tested positive for a controlled substance without a valid prescription;
• Is subject to an order suspending or revoking a peace officer license from another state, territory, the federal government, or any peace officer licensing authority; or
• Has committed any act of gross misconduct indicating inability to function as a peace officer.
SB 78 (Schroer) – returns operations of the St. Louis City police to a state appoint board of police commissioners.
SB 197 (Williams) modifies numerous provisions relating to warrants executed by law enforcement officers.
SB 280 (Eigel) – returns operations of the St. Louis City police to a state appoint board of police commissioners.
SB 445 (Washington) – modifies provisions relating to use of force by law enforcement officers

HB 33 (Brown) – repeals Section 21.750, RSMo, in which the General Assembly preempts the entire field of firearms regulation. This bill allows political subdivisions to regulate firearms in any manner allowed by state and federal law that is consistent with their police powers or charter.
HB 53 (Copeland) – returns operations of the St. Louis City police to a state appoint board of police commissioners.
HB 109 (Sharp) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.
HB 117 (Shields) – currently, qualified first responders are allowed to administer naloxone to a person suffering from an apparent overdose. This bill clarifies the definition of first responders so that state and local law enforcement agency staff members do not need to be acting under the directives and established protocols of a medical director of a licensed ground ambulance service. That requirement only applies to fire department personnel, fire district personnel, and licensed emergency medical technicians.
HB 199 (Wright) – establishes authority for cities to issue municipal search warrants for ordinance violations
HB 210 (Smith) – provides that no person will be stopped, inspected, or detained solely for a traffic violation that does not involve speeding or failure to register or re-register a vehicle, that does not involve an accident or injury, and that does not involve points assessed by the Department of Revenue
HB 213 (Sparks) – returns operations of the St. Louis City police to a state appoint board of police commissioners.
HB 216 (Myers) – returns operations of the St. Louis City police to a state appoint board of police commissioners.
HB 282 (Schnelting) – allows a concealed carry permit holder to lawfully carry firearms on public transportation.
HB 306 (Perkins) – returns operations of the St. Louis City police to a state appoint board of police commissioners.
HB 359 (Cook) – returns operations of the St. Louis City police to a state appoint board of police commissioners.
Taxation & Revenue Bills

SB 8 (Eigel) – requires political subdivisions to annually reduce such 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 January 1, 2073. Subject to appropriations, a political subdivision that receives less than the allowable amount of total real and personal property tax revenues shall be eligible for reimbursement from the state in an amount equal to the amount by which such revenues are below the allowable amount.
SB 23 (Hough) – requires licensed motor vehicle dealers to collect and remit to the Department of Revenue the sales tax on all motor vehicles the dealer sells, beginning January 1, 2024.
SB 66 (Mosley) requires financing entities that extend financing to cover state and local sales taxes owed on the purchase of a motor vehicle to remit the amount of such state and local sales taxes to the appropriate taxing authority on behalf of the purchaser. The financing entity and purchaser shall be jointly liable to the taxing authority for the amount of sales tax owed.
SB 104 (Cierpiot) – current law requires personal property to be assessed at 33.3% of its true value in money. Beginning with the 2024 calendar year, this act reduces such percentage by one percent a year through the 2035 calendar year. Beginning with the 2036 calendar year, personal property shall be assessed at 20% of its true value.
SB 105 (Cierpiot) – Current law requires residential real property to be assessed at 19% of its true value in money. Beginning with the c024 calendar year, this act reduces such percentage by one percent a year through the 2026 calendar year. Beginning with the 2027 calendar year, residential real property shall be assessed at 15% of its true value.
SB 161 (Coleman) – provides that retail sales of food shall be exempt from state and local sales taxes. (Oppose)
SJR 7 (Eigel) – constitutional amendment, if approved by the voters, prohibits total state general revenue appropriations for any fiscal year, as defined in the amendment, from exceeding the level from the previous fiscal year, allowing for growth in an amount equal to the annual rate of inflation plus the annual percentage change in state population. Total state general revenue appropriations may exceed the previous fiscal year’s amount only under certain conditions, as described in the amendment.
SJR 18 (Brattin) – constitutional amendment to replace property taxes with a sales tax on the purchase..
HB 58 (Terry) – Establishes a one-time one year period to set up payment plans for unpaid vehicle sales tax
HB 181 (Van Schoiack) – authorizes all cities in the state to levy a transient guest tax of 2-5% to promote tourism. Subject to voter approval.
HB 247 (Hurlbert) – allows any municipality to levy a public safety sales tax of up to 1/2 cent, subject to approval by 4/7 of the voters. The bill also allows any city with a fire department, any city contracting for fire service or any fire district (including those in St. Louis County) to levy a fire service sales tax of up to 1/2 cent, subject to 4/7 voter approval. The League supports the sales tax flexibility offered to cities in this bill but has long opposed sales tax authority for County fire districts.
HB 260 (Sander) – exempts food from sales tax. (Oppose)
HB 377 (Quade)- exempts food from sales tax. (Oppose)

Transportation and Vehicle Bills

SB 231 (Carter) – repeals the 2021 gas tax increase, subject to state voter approval. (Oppose)

SB 233 (Brown) – provides that any political subdivision that adopts an ordinance or other regulation that requires installation of electric vehicle charging stations at any non-automotive fueling station business shall pay all costs associated with the installation, maintenance, and operation of the stations. No political subdivision shall adopt any ordinance or other regulation that requires more than five such stations per parking lot located at any non-automotive fueling station, or infrastructure for future installation of more than five such stations. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.

SB 242 (Eigel) – repeals the 2021 gas tax increase. (Oppose)

SB 260 (Moon) – repeals the 2021 gas tax increase. (Oppose)

SB 454 (Carter) – repeals the 2021 gas tax increase. (Oppose)

HB 184 (Murphy) – provides that any political subdivision that adopts an ordinance or other regulation that requires installation of electric vehicle charging stations at any non-automotive fueling station business shall pay all costs associated with the installation, maintenance, and operation of the stations. No political subdivision shall adopt any ordinance or other regulation that requires more than five such stations per parking lot located at any non-automotive fueling station, or infrastructure for future installation of more than five such stations. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.

HB 246 (Hurlbert) – prohibits the state and any political subdivision from establishing or collecting any fee for parking on any public street. (Oppose)

Utility & Broadband Bills
SB 152 (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 services does not include any video programming accessed via a service that enables users to access content over the internet, including streaming content
SB 299 (Hoskins) – The act modifies the definition of “video service” for provisions of law relating to video service providers. The act excludes streaming content accessed via a service that enables users to access content via the internet from the definition of “video service”

Legislative Update 4/29/2022

 

April 29, 2022

 

There is still no agreement between the House and Senate on the congressional district bill, the House has asked meet in conference with the Senate to hash out a compromise, but the Senate has refused to meet.  The Senate has approved its version of the budget and now the House and Senate will appoint conference committees to work out the differences.  The budget must be approved by May 6, per the Missouri Constitution.  Bills from the opposite chamber are now being heard.  Below are summaries of bills of interest.  Changes from last week are shown in red.  Bills that have not come out of committee have been deleted.  Bills that have not been perfected have been lined through.

 

The links below will take you to the weekly hearing schedules.  Bills are added throughout the week, by clicking on the link and committee name you can see the most current bills that will have public hearings or be voted out of committee.

 

Senate Hearing Schedule

House Hearing Schedule   

 

Priority Bills

HB 1992 (Coleman) – exempts food from state and LOCAL sales taxes.  Ways & Means Committee.  Heard 2/9.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar and could be debated next week. (Oppose)

SB 743.  (Crawford) authorizes any taxing jurisdiction to impose one or more sales taxes for purposes to be designated by the taxing jurisdiction, provided that the total combined rate of local sales taxes imposed and retained 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 and retained by a county shall not exceed 4.5%; the total combined rate of local sales taxes imposed and retained by the City of St. Louis shall not exceed 9.0%; and for all other taxing jurisdictions, the total combined rate of sales taxes in any given taxing jurisdiction shall not exceed 3.0%.  Perfected 3/9.  Passed Senate 3/21.  House Government Accountability Committee.  Heard 4/20.

The provisions of this bill have been included in the Senate Committee Substitute for SB 649 (Eigel) Perfected 3/2.  3rd Reading Calendar. 

The provisions are also in  SB 759 (Hough) – Local Government and Elections Committee.  Heard 1/26.  Passed Committee 2/16. (Support) 

 SB 930 (Koenig) – a public governmental body is authorized to close records that are related to 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.  Government Accountability Committee.  Heard 3/3.  Passed Committee 3/10.  (Support) This language has been amended onto SB 741 (Crawford) – Perfected 4/21.  3rd Reading Calendar.

 HB 1594 (Walsh) – repeals the gas tax increase.  Government Oversight Committee.  Heard 2/8.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.  Perfection Calendar.  (Oppose).  Similar bills are SB 782 (Moon) and SB 811 (Eigel)

 HB 2363 (McGirl) – 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%.  The bill also allows municipalities that contract for fire protection services to, with voter approval, implement a sales tax of up to .5%.  Local Government.  Passed Committee 3/3. Referred to Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar.   (Support) Similarly there is HB 2147 (Schwadron) – allows cities which contract for fire service to levy up to 1/2 cent sales tax.  Local Government Committee.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee. (Support)

HB 2209 (Hurlbert) – the state, any political subdivision thereof, and any other entity that receives public funds shall not establish, levy, maintain, or collect any fee for parking on any public street or road and shall not use any mechanical or electronic device to receive funds for such a fee including, but not limited to, on-street parking meters.  (Oppose) Downsizing Government Committee.  Heard 3/23.  Passed Committee 3/31.  Referred Rules Committee.  Passed Committee 4/6.  Informal Perfection Calendar

 Court Bills

HB 1702 (Roberts) – amended to prohibit a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a traffic citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the traffic offense have been satisfied.  Crime Prevention Committee.  Heard 2/14.  Passed Committee 2/28.  Referred Rules Committee.  (Support) 

 HB 2007 (Haffner) – allows municipal judges to suspend the driver’s license for failure to appear in court for violations of municipal ordinances.  Local Government Committee.  Heard 2/23.  Passed Committee 2/24.  Referred Rules Committee.  (Support)

Economic Development Bills

 SB 735  (Koenig) – requires NIDs, CIDs and TDDs to be terminated upon completion of improvements and satisfaction of debt.    Also limits total combined sales taxes of CIDs and TDDs to 3.25% and exempts food.  Ways & Means Committee.  Heard 1/20.  Passed Committee 1/27.

 SB 874 (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.  Ways & Means Committee.  Heard 3/3. Passed Committee 3/10.  Perfection Calendar. (Oppose)

 SB 908 (Koenig) – requires the governing body of a city or county establishing a NID, CID, TDD or TIF to submit to the State Auditor and the Department of Revenue a description of the boundaries of the district, as well as information on assessments made in the district, as described in the act.  Ways & Means Committee.  Heard 3/2.  Passed Committee 3/10. Passed Senate 4/6.  House Government Oversight Committee.  Heard 4/13.  Passed Committee 4/20.  House 3rd Reading Calendar.

Election Bills

HB 1601 (Chipman) – requires a person appointed to elective public office not be delinquent in the payment of state income tax, personal property tax, municipal tax, or real property tax.  Elections Committee.  Heard 3/9.  Passed Committee 3/10.  Referred Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar.

HB 1859 (Eggleston) – political subdivisions or special districts shall label ballot measures of any type that are submitted to a vote of the people alphabetically in the order in which they are submitted.  Elections Committee.  Heard 2/9.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.  Perfected 4/14.  Passed House 4/25

HB 2678 (McCreery) – allows elected officials to use campaign funds for legal fees incurred as result of official duties.   Judiciary Committee.  Heard 3/2.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/30.

HJR 91  (Eggleston) – upon voter approval the Constitutional amendment would change the process and requirements for initiative petitions seeking a Constitutional amendment.  Heard 2/1.  Passed Committee 2/9.  Referred Rules Committee.  Passed Committee 2/16.  Perfected 2/24.  Passed House 3/10.  Senate Elections Committee.  Heard 4/13.  Similar to HJR 102 (Evans) Elections Committee.  Heard 1/26. 

Miscellaneous Bills

 HB 1581 (Mayhew) – provides that, for a city of the fourth classification with no more than 2,000 inhabitants, if a statute or ordinance authorizes the mayor to appoint a member of a local board or commission, any requirement that the appointed person be a resident of the city will be deemed satisfied if the person owns real property or a business in the city.  Local Government Committee.  Heard 4/7.  Passed Committee 4/14.  Referred Rules Committee.  Passed Committee 4/25.  Perfection Calendar.

 HB 1584 (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.  Transportation Committee.  Heard 1/12.  Passed Committee 1/26.  Referred Rules Committee.  Passed Rules Committee 2/10.  Perfected 2/28.  Passed House 3/10.  Senate Commerce/Environment Committee.  Heard 4/20.  Passed Committee 4/27.

 HB 1614 (Lovasco) – prohibits the state and any political subdivision of the state from making or enforcing any statute, ordinance, or rule regarding the parking of an unlicensed motor vehicle on private property if the vehicle is wholly within the property boundaries, is parked on a surface suitable for a driveway or parking area, and is not supported by any device other than its own tires unless it is being repaired for a period not to exceed 72 hours. The bill also prohibits the state and any political subdivision from making or enforcing any statute, ordinance, or rule, except for a statute, ordinance, or rule restricting air pollution or noise pollution, that would prohibit or penalize a noncorporate owner or renter of a private, single family residence from using the residence in a way that does not pose a clear and present danger to the health or safety of the neighbors, or would require a noncorporate owner or renter of a private residence to use the property in a way contrary to the wishes of the owner or renter.  Downsizing Government Committee.  Heard 3/2.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar.

 HB 1657 (Hicks) – 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.  Local Government Committee.  Heard 1/27.  Passed Committee 3/3. Referred Rules Committee.

 HB 1661 (Hicks) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2021, and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code and are authorized to adopt local amendments to the Code or amendments made by the International Code Council. 

Economic Development Committee.  Heard 2/24.  Passed Committee 3/24.  Referred Rules Committee.

 HB 1682 (Brown) – amended to state that no political subdivision shall require a property owner to have a home inspection conducted of a residential property regarding the sale of the property. This provision shall not apply to any inspection requirement of new construction or occupancy permit.  Perfected 3/30.  Passed House 4/6.  Senate Local Government Committee.  Hearing 5/2.

 HB 2593 (Lovasco) – limits political subdivisions regulations on home-based businesses.  Downsizing Government Committee.  Heard 2/23.  Passed Committee 3/3. Referred Rules Committee.  Passed Committee 3/8.  Perfected 4/6. Passed House 4/14.  Senate Small Business Committee.  Heard 4/26. Passed Committee 4/28.  (Oppose)

 SB 697 (Gannon) – a village, town, city, or county may prohibit dogs from running at large or further control or regulate dogs within its boundaries so long as the ordinance, order, policy, or regulation is not breed specific.  Local Government Committee.  Heard 3/2.  Passed Committee 3/9.

 SB 724 (Hegeman) – if a political subdivision’s failure to timely submit annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the political subdivision 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 for fines at the time it files its first annual financial statement after August 28, 2022, 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%. Local Government Committee.  Heard 1/26.  Passed Committee 2/16.  Perfected 3/9.  Passed Senate 3/21.  House Public Policy Committee.  Heard 4/14.  Passed Committee 4/21.  Referred Rules Committee.

 SB 809 (Koenig) — limits political subdivisions regulations on home-based businesses.  Small Business Committee.  Heard 3/8.  Passed Committee 3/22.  Perfection Calendar.

 SB 867 (Koenig) – establishes the statewide mechanical contractor license for mechanical contractors which 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. Political subdivisions may establish their own local mechanical contractor’s license but shall recognize a statewide mechanical contractor 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.  General Laws Committee.  Heard 3/1.  Passed Committee 3/22.  Perfection Calendar.

 Personnel & Employment Bills

 HB 1640 – (Seitz) – recognizes posttraumatic stress disorder (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers Compensation, when diagnosed in specified first responders.  Public Safety Committee.  Heard 3/29.  Passed Committee 4/5.  Referred Rules Committee.

 HB 1656 (Hicks) – specifies that no political subdivision can require its employees to reside within a jurisdiction.  Public Safety Committee.  Heard1/25.  Passed Committee 2/1.  Referred Rules Committee.  Passed Committee 2/22.  Perfected 3/23.  Passed House 3/28.  Senate Transportation/Infrastructure Committee.

 HB 2439 (Hovis) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Crime Prevention Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.  Passed Committee 3/24.  Perfected 4/25.  Passed House 4/28.

 SB 689 (Williams) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Public Safety Committee.  Heard 1/25.  Passed Committee 3/1.

 Public Safety Bills

 HB 1462 (Schnelting) – 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.  Also removes the prohibition on the carrying of firearms in churches and other places of worship by a person with a valid concealed carry permit.   General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.  Passed Committee 2/24.  Perfected 3/1.  Passed House 3/9.  Senate General Laws Committee.  Heard 3/29.  Passed Committee 4/5.  Senate 3rd Reading Calendar.

 HB 1660 (Hicks) – 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.  General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.

 HB 2154 (Perkins) – the costs of installing a fire hydrant, excluding dry fire hydrants, within the city limits of an incorporated city shall be paid by the city. If a city cannot or does not pay for the installation of such a fire hydrant, the city shall not require the installation of any such fire hydrant.  Public Safety Committee.  Heard 1/25.  Passed Committee 4/5.  Referred Rules Committee.

 HB 2432 (Roden) – returns the control of the City of St. Louis Police Department back to the Board of Police Commissioners.  Public Safety Committee.  Heard 3/29.  Passed Committee 4/26.  Referred Rules Committee.

 SB 752 (Burlision) – repeals provisions that prohibit someone with a valid concealed carry permit from carrying a concealed weapon in any meeting of the governing body of a unit of local government or the General Assembly.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 804 (Onder) – a person carrying a concealed firearm who possesses a valid concealed carry permit or endorsement shall not be prohibited 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. Additionally, an employee of the Bi-State Development Agency may carry a weapon into any facility or conveyance of the agency.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 Taxation & Revenue Bills

 HB 1583 (Murphy) – if, prior to the expiration of a temporary levy increase, voters approve a subsequent levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase. If, prior to the expiration of a temporary levy increase, voters of a political subdivision are asked to approve an additional, permanent increase to the political subdivision’s tax rate ceiling, voters shall be submitted ballot language that clearly indicates that if the permanent levy increase is approved, the temporary levy shall be made permanent.  Ways & Means Committee.  Heard 1/12.  Passed Committee 1/19.  Referred Rules Committee.  Passed Rules Committee 2/7.  Perfected 4/6.  Passed House 4/14.  Senate Ways & Means Committee.  Heard 4/25.  Passed Committee 4/28.

 HB 1740 (Dogan) – prohibits telecommuting work from being subject to earnings taxes.  Workforce Development Committee.  Heard 2/7.  Passed Committee 2/14.  Referred Rules Committee.  Passed Committee 3/3.  Informal Perfection Calendar.

 HB 2220 (Falkner) – relates to penalties for failure to file annual municipal finance reports.  Penalties could include disincorporation.  Local Government Committee.  Heard 2/23.  Passed Committee 3/3.  Referred Rules Committee.  Passed Committee 3/10. Informal Perfection Calendar.

 SB 911 (Eigel) – for the 2022 and 2023 calendar years, this act requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021 during such calendar years.  Clearly violates federal law.  Ways & Means Committee.  Heard 2/24.  Passed Committee 3/3.  (Oppose)

 SB 967 (Hough) – requires all motor vehicle dealers to apply to collect and remit sales tax on motor vehicles sold by such dealer.  Transportation Committee.  Heard 3/1.  Passed Committee 3/8.

 Transportation and Vehicle Bills

HB 2705 (Lovasco) – prohibits the use of traffic cameras.  Downsizing Government Committee.  Heard 4/13.  Passed Committee 4/27.  Referred Rules Committee.

 Utility Bills

SB 1074 (Hegeman) no federal funds received by the state, or a political subdivision shall be expended for the construction of broadband internet infrastructure unless the project to be constructed is located in an “unserved area” or “underserved area”, and the project will provide broadband internet service to customers at certain speeds as stated in the act.  Commerce Committee.  Heard 4/6.  Passed Committee 4/13.

SB 1232 (O’Laughlin) – modifies the definition of “video service” for provisions of law relating to video service providers and such definition now includes streaming content.  The act also states that any suit arising out of a dispute over the video service provider fee established in statute shall be filed by the Public Service Commission under its own name or on behalf of the franchise entity seeking to recover an additional amount or seeking a refund.  A video service provider shall not be required to retain financial records associated with payment of the video service provider fee for more than 3 years unless the Public Service Commission, rather than a franchise entity, has commenced a dispute regarding such payment.  Commerce Committee.  Heard 4/13.  Passed Committee 4/27.

 

 

 

LEGISLATIVE UPDATE 4/22/2022

 

LEGISLATIVE UPDATE 4-22-22 pdf

 

April 22, 2022

 

There is still no agreement between the House and Senate on the congressional district bill, the House has asked meet in conference with the Senate to hash out a compromise, but the Senate has refused to meet.  The House has passed the budget and sent it to the Senate several weeks later than normal.  The Senate has begun work on the budget which must be approved by May 6, per the Missouri Constitution.  Bills from the opposite chamber are now being heard.  Below are summaries of bills of interest.  Changes from last week are shown in red.  Bills that have not had a hearing have been deleted.  Bills that have not come out of committee have been lined through.

 The links below will take you to the weekly hearing schedules.  Bills are added throughout the week, by clicking on the link and committee name you can see the most current bills that will have public hearings or be voted out of committee.

 

Senate Hearing Schedule

House Hearing Schedule   

 

Priority Bills

HB 1992 (Coleman) – exempts food from state and LOCAL sales taxes.  Ways & Means Committee.  Heard 2/9.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar and could be debated next week. (Oppose)

SB 743.  (Crawford) authorizes any taxing jurisdiction to impose one or more sales taxes for purposes to be designated by the taxing jurisdiction, provided that the total combined rate of local sales taxes imposed and retained 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 and retained by a county shall not exceed 4.5%; the total combined rate of local sales taxes imposed and retained by the City of St. Louis shall not exceed 9.0%; and for all other taxing jurisdictions, the total combined rate of sales taxes in any given taxing jurisdiction shall not exceed 3.0%.  Perfected 3/9.  Passed Senate 3/21.  House Government Accountability Committee.  Heard 4/20.

The provisions of this bill have been included in the Senate Committee Substitute for SB 649 (Eigel) Perfected 3/2.  3rd Reading Calendar. 

The provisions are also in  SB 759 (Hough) – Local Government and Elections Committee.  Heard 1/26.  Passed Committee 2/16. (Support) 

 SB 930 (Koenig) – a public governmental body is authorized to close records that are related to 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.  Government Accountability Committee.  Heard 3/3.  Passed Committee 3/10.  (Support)  This language has been amended onto SB 741 (Crawford) – Perfected 4/21.

 HB 1594 (Walsh) – repeals the gas tax increase.  Government Oversight Committee.  Heard 2/8.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.  Perfection Calendar.  (Oppose).  Similar bills are SB 782 (Moon) and SB 811 (Eigel)

 HB 2363 (McGirl) – 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%.  The bill also allows municipalities that contract for fire protection services to, with voter approval, implement a sales tax of up to .5%.  Local Government.  Passed Committee 3/3. Referred to Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar.   (Support) Similarly there is HB 2147 (Schwadron) – allows cities which contract for fire service to levy up to 1/2 cent sales tax.  Local Government Committee.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee. (Support)

 HB 2209 (Hurlbert) – the state, any political subdivision thereof, and any other entity that receives public funds shall not establish, levy, maintain, or collect any fee for parking on any public street or road and shall not use any mechanical or electronic device to receive funds for such a fee including, but not limited to, on-street parking meters.  (Oppose) Downsizing Government Committee.  Heard 3/23.  Passed Committee 3/31.  Referred Rules Committee.  Passed Committee 4/6.  Informal Perfection Calendar

 Court Bills

HB 1702 (Roberts) – amended to prohibit a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a traffic citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the traffic offense have been satisfied.  Crime Prevention Committee.  Heard 2/14.  Passed Committee 2/28.  Referred Rules Committee.  (Support) 

 HB 2007 (Haffner) – allows municipal judges to suspend the driver’s license for failure to appear in court for violations of municipal ordinances.  Local Government Committee.  Heard 2/23.  Passed Committee 2/24.  Referred Rules Committee.  (Support)

Economic Development Bills

 HB 1598 (Falkner) – prohibits a redevelopment project from collecting economic activity taxes or payments in lieu of taxes from any tax whose revenues are dedicated to public safety unless the governing body of the municipality or the commission established under current law has voted to allow the redevelopment project to collect the economic activity taxes or payments in lieu of taxes of that tax.  Local Government Committee.  Heard 1/13.

 SB 735  (Koenig) – requires NIDs, CIDs and TDDs to be terminated upon completion of improvements and satisfaction of debt.    Also limits total combined sales taxes of CIDs and TDDs to 3.25% and exempts food.  Ways & Means Committee.  Heard 1/20.  Passed Committee 1/27.

 SB 874 (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.  Ways & Means Committee.  Heard 3/3. Passed Committee 3/10.  Perfection Calendar. (Oppose)

 SB 908 (Koenig) – requires the governing body of a city or county establishing a NID, CID, TDD or TIF to submit to the State Auditor and the Department of Revenue a description of the boundaries of the district, as well as information on assessments made in the district, as described in the act.  Ways & Means Committee.  Heard 3/2.  Passed Committee 3/10. Passed Senate 4/6.  House Government Oversight Committee.  Heard 4/13.  Passed Committee 4/20.

 Election Bills

HB 1601 (Chipman) – requires a person appointed to elective public office not be delinquent in the payment of state income tax, personal property tax, municipal tax, or real property tax.  Elections Committee.  Heard 3/9.  Passed Committee 3/10.  Referred Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar.

HB 1611 (Sassmann) – requires candidates for political subdivision or special district offices that are currently designated as nonpartisan to file an indication of their political party membership, if any, when running for office. Independents may continue to run for such local offices in the same manner.  General Laws Committee.  Heard 1/24.  (Oppose)

HB 1859 (Eggleston) – political subdivisions or special districts shall label ballot measures of any type that are submitted to a vote of the people alphabetically in the order in which they are submitted.  Elections Committee.  Heard 2/9.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.  Perfected 4/14.  3rd Reading Calendar.

HB 2678 (McCreery) – allows elected officials to use campaign funds for legal fees incurred as result of official duties.   Judiciary Committee.  Heard 3/2.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/30.

HJR 91  (Eggleston) – upon voter approval the Constitutional amendment would change the process and requirements for initiative petitions seeking a Constitutional amendment.  Heard 2/1.  Passed Committee 2/9.  Referred Rules Committee.  Passed Committee 2/16.  Perfected 2/24.  Passed House 3/10.  Senate Elections Committee.  Heard 4/13.  Similar to HJR 102 (Evans) Elections Committee.  Heard 1/26. 

Miscellaneous Bills

 HB 1581 (Mayhew) – provides that, for a city of the fourth classification with no more than 2,000 inhabitants, if a statute or ordinance authorizes the mayor to appoint a member of a local board or commission, any requirement that the appointed person be a resident of the city will be deemed satisfied if the person owns real property or a business in the city.  Local Government Committee.  Heard 4/7.  Passed Committee 4/14.  Referred Rules Committee.  Hearing 4/25.

 HB 1584 (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.  Transportation Committee.  Heard 1/12.  Passed Committee 1/26.  Referred Rules Committee.  Passed Rules Committee 2/10.  Perfected 2/28.  Passed House 3/10.  Senate Commerce/Environment Committee.  Heard 4/20.

 HB 1614 (Lovasco) – prohibits the state and any political subdivision of the state from making or enforcing any statute, ordinance, or rule regarding the parking of an unlicensed motor vehicle on private property if the vehicle is wholly within the property boundaries, is parked on a surface suitable for a driveway or parking area, and is not supported by any device other than its own tires unless it is being repaired for a period not to exceed 72 hours. The bill also prohibits the state and any political subdivision from making or enforcing any statute, ordinance, or rule, except for a statute, ordinance, or rule restricting air pollution or noise pollution, that would prohibit or penalize a noncorporate owner or renter of a private, single family residence from using the residence in a way that does not pose a clear and present danger to the health or safety of the neighbors, or would require a noncorporate owner or renter of a private residence to use the property in a way contrary to the wishes of the owner or renter.  Downsizing Government Committee.  Heard 3/2.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar.

 HB 1633 (Morse) – currently, political subdivisions that fail to submit the required annual financial statement to the State Auditor are fined $500 a day. This bill reduces the fine to an amount of not more than 10% of the total sales and use tax revenue of the fiscal year for which the annual financial statement was not filed for municipalities with fewer than 3,500 inhabitants.  Financial Institutions Committee.  Heard 4/6.

 HB 1657 (Hicks) – 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.  Local Government Committee.  Heard 1/27.  Passed Committee 3/3. Referred Rules Committee.

 HB 1661 (Hicks) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2021, and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code and are authorized to adopt local amendments to the Code or amendments made by the International Code Council. 

Economic Development Committee.  Heard 2/24.  Passed Committee 3/24.  Referred Rules Committee.

 HB 1682 (Brown) – amended to state that no political subdivision shall require a property owner to have a home inspection conducted of a residential property regarding the sale of the property. This provision shall not apply to any inspection requirement of new construction or occupancy permit.  Perfected 3/30.  Passed House 4/6.  Senate Local Government Committee.

 HB 2593 (Lovasco) – limits political subdivisions regulations on home-based businesses.  Downsizing Government Committee.  Heard 2/23.  Passed Committee 3/3. Referred Rules Committee.  Passed Committee 3/8.  Perfected 4/6. Passed House 4/14.  Senate Small Business Committee.  Hearing 4/26. (Oppose)

 SB 697 (Gannon) – a village, town, city, or county may prohibit dogs from running at large or further control or regulate dogs within its boundaries so long as the ordinance, order, policy, or regulation is not breed specific.  Local Government Committee.  Heard 3/2.  Passed Committee 3/9.

 SB 724 (Hegeman) – if a political subdivision’s failure to timely submit annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the political subdivision 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 for fines at the time it files its first annual financial statement after August 28, 2022, 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%. Amended to apply only to county and school financial statements.  Local Government Committee.  Heard 1/26.  Passed Committee 2/16.  Perfected 3/9.  Passed Senate 3/21.  House Public Policy Committee.  Heard 4/14.  Passed Committee 4/21.

 SB 809 (Koenig) — limits political subdivisions regulations on home-based businesses.  Small Business Committee.  Heard 3/8.  Passed Committee 3/22.  Perfection Calendar.

 SB 867 (Koenig) – establishes the statewide mechanical contractor license for mechanical contractors which 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. Political subdivisions may establish their own local mechanical contractor’s license but shall recognize a statewide mechanical contractor 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.  General Laws Committee.  Heard 3/1.  Passed Committee 3/22.  Perfection Calendar.

Personnel & Employment Bills

 HB 1640 – (Seitz) – recognizes posttraumatic stress disorder (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers Compensation, when diagnosed in specified first responders.  Public Safety Committee.  Heard 3/29.  Passed Committee 4/5.  Referred Rules Committee.

 HB 1656 (Hicks) – specifies that no political subdivision can require its employees to reside within a jurisdiction.  Public Safety Committee.  Heard1/25.  Passed Committee 2/1.  Referred Rules Committee.  Passed Committee 2/22.  Perfected 3/23.  Passed House 3/28.  Senate Transportation/Infrastructure Committee.

 HB 2439 (Hovis) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Crime Prevention Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.  Passed Committee 3/24.  Informal Perfection Calendar.

 SB 689 (Williams) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Public Safety Committee.  Heard 1/25.  Passed Committee 3/1.

 Public Safety Bills

 HB 1462 (Schnelting) – 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.  Also removes the prohibition on the carrying of firearms in churches and other places of worship by a person with a valid concealed carry permit.   General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.  Passed Committee 2/24.  Perfected 3/1.  Passed House 3/9.  Senate General Laws Committee.  Heard 3/29.  Passed Committee 4/5.

 HB 1660 (Hicks) – 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.  General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.

 HB 2154 (Perkins) – the costs of installing a fire hydrant, excluding dry fire hydrants, within the city limits of an incorporated city shall be paid by the city. If a city cannot or does not pay for the installation of such a fire hydrant, the city shall not require the installation of any such fire hydrant.  Public Safety Committee.  Heard 1/25.  Passed Committee 4/5.  Referred Rules Committee.

 HB 2432 (Roden) – returns the control of the City of St. Louis Police Department back to the Board of Police Commissioners.  Public Safety Committee.  Heard 3/29.

 SB 752 (Burlision) – repeals provisions that prohibit someone with a valid concealed carry permit from carrying a concealed weapon in any meeting of the governing body of a unit of local government or the General Assembly.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 804 (Onder) – a person carrying a concealed firearm who possesses a valid concealed carry permit or endorsement shall not be prohibited 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. Additionally, an employee of the Bi-State Development Agency may carry a weapon into any facility or conveyance of the agency.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 Taxation & Revenue Bills

 HB 1583 (Murphy) – if, prior to the expiration of a temporary levy increase, voters approve a subsequent levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase. If, prior to the expiration of a temporary levy increase, voters of a political subdivision are asked to approve an additional, permanent increase to the political subdivision’s tax rate ceiling, voters shall be submitted ballot language that clearly indicates that if the permanent levy increase is approved, the temporary levy shall be made permanent.  Ways & Means Committee.  Heard 1/12.  Passed Committee 1/19.  Referred Rules Committee.  Passed Rules Committee 2/7.  Perfected 4/6.  Passed House 4/14.  Senate Ways & Means Committee.  Hearing 4/25.

 HB 1740 (Dogan) – prohibits telecommuting work from being subject to earnings taxes.  Workforce Development Committee.  Heard 2/7.  Passed Committee 2/14.  Referred Rules Committee.  Passed Committee 3/3.  Informal Perfection Calendar.

 HB 2214 (Hurlbert) – allows any municipality to levy up to 1/2 cent sales tax for public safety, subject to 4/7 vote.  Also allows any municipality with a fire department, municipality contracting for fire service or fire district to levy an additional 1/2 cent sales tax for fire service.  All taxes must be approved by a 4/7 vote.  The League has long opposed sales tax authority for County fire districts.  Local Government Committee.  Heard 2/24.

 HB 2220 (Falkner) – relates to penalties for failure to file annual municipal finance reports.  Penalties could include disincorporation.  Local Government Committee.  Heard 2/23.  Passed Committee 3/3.  Referred Rules Committee.  Passed Committee 3/10. Informal Perfection Calendar.

 HB 2729 (Davidson) – requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to 50% the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021.  Clearly violates federal law. (Oppose)  Local Government Committee.  Heard 3/24.

 SB 911 (Eigel) – for the 2022 and 2023 calendar years, this act requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021 during such calendar years.  Clearly violates federal law.  Ways & Means Committee.  Heard 2/24.  Passed Committee 3/3.  (Oppose)

 

SB 967 (Hough) – requires all motor vehicle dealers to apply to collect and remit sales tax on motor vehicles sold by such dealer.  Transportation Committee.  Heard 3/1.  Passed Committee 3/8.

 SJR 59 (Brattin) – replaces all property taxes with a sales tax on property sales.  Ways & Means Committee.  Heard 3/31.

Transportation and Vehicle Bills

HB 2705 (Lovasco) – prohibits the use of traffic cameras.  Downsizing Government Committee.  Heard 4/13.

 Utility Bills

HB 2016 (Black) allows any political subdivision of the state to form a broadband infrastructure improvement district. In addition, the board of a district may allow the inclusion of a private entity, as defined in the bill, in the district.  Broadband Committee.  Heard 3/10.

HB 2353 (Riggs) – authorizes political subdivisions to form broadband infrastructure improvement districts.  Broadband Committee.  Heard 3/10.

SB 1074 (Hegeman) no federal funds received by the state, or a political subdivision shall be expended for the construction of broadband internet infrastructure unless the project to be constructed is located in an “unserved area” or “underserved area”, and the project will provide broadband internet service to customers at certain speeds as stated in the act.  Commerce Committee.  Heard 4/6.  Passed Committee 4/13.

SB 1232 (O’Laughlin) – modifies the definition of “video service” for provisions of law relating to video service providers and such definition now includes streaming content.  The act also states that any suit arising out of a dispute over the video service provider fee established in statute shall be filed by the Public Service Commission under its own name or on behalf of the franchise entity seeking to recover an additional amount or seeking a refund.  A video service provider shall not be required to retain financial records associated with payment of the video service provider fee for more than 3 years unless the Public Service Commission, rather than a franchise entity, has commenced a dispute regarding such payment.  Commerce Committee.  Heard 4/13.

 

 

 

LEGISLATIVE UPDATE 4/15/2022

April 15, 2022

 

LEGISLATIVE UPDATE 4-15-22

 

There is still no agreement between the House and Senate on the congressional district bill, the House has asked meet in conference with the Senate hash out a compromise, but the Senate has refused to meet.  The House has passed the budget and sent it to the Senate several weeks later than normal, the Senate has taken little action toward the budget which must be approved by May 6, per the Missouri Constitution.  Bills from the opposite chamber are now being heard.  Below are summaries of bills of interest.  Changes from last week are shown in red.  Bills that have not yet been assigned to committee have little change of moving and have been deleted.  Bills that have not had a hearing have been lined through.

 The links below will take you to the weekly hearing schedules.  Bills are added throughout the week, by clicking on the link and committee name you can see the most current bills that will have public hearings or be voted out of committee.

 

Senate Hearing Schedule

House Hearing Schedule   

Priority Bills

HB 1992 (Coleman) – exempts food from state and LOCAL sales taxes.  Ways & Means Committee.  Heard 2/9.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/23.  Near the top of the Perfection Calendar and could be debated next week. (Oppose)

SB 743.  (Crawford) – authorizes any taxing jurisdiction to impose one or more sales taxes for purposes to be designated by the taxing jurisdiction, provided that the total combined rate of local sales taxes imposed and retained 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 and retained by a county shall not exceed 4.5%; the total combined rate of local sales taxes imposed and retained by the City of St. Louis shall not exceed 9.0%; and for all other taxing jurisdictions, the total combined rate of sales taxes in any given taxing jurisdiction shall not exceed 3.0%.  Perfected 3/9.  Passed Senate 3/21.  House Government Accountability Committee.

The provisions of this bill have been included in the Senate Committee Substitute for SB 649 (Eigel) Perfected 3/2.  3rd Reading Calendar. 

The provisions are also in  SB 759 (Hough) – Local Government and Elections Committee.  Heard 1/26.  Passed Committee 2/16. (Support) 

 SB 930 (Koenig) – a public governmental body is authorized to close records that are related to 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.  Government Accountability Committee.  Heard 3/3.  Passed Committee 3/10.  (Support)

 HB 1594 (Walsh) – repeals the gas tax increase.  Government Oversight Committee.  Heard 2/8.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.  Informal Perfection Calendar.  (Oppose).  Similar bills are SB 782 (Moon) and SB 811 (Eigel)

 HB 2363 (McGirl) – 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%.  The bill also allows municipalities that contract for fire protection services to, with voter approval, implement a sales tax of up to .5%.  Local Government.  Passed Committee 3/3. Referred to Rules Committee.  Passed Committee 3/23.  Perfection Calendar.   (Support) Similarly there is HB 2147 (Schwadron) – allows cities which contract for fire service to levy up to 1/2 cent sales tax.  Local Government Committee.  Heard 3/10.  Passed Committee 3/24.  Referred Rules Committee. (Support)

 HB 2209 (Hurlbert) – the state, any political subdivision thereof, and any other entity that receives public funds shall not establish, levy, maintain, or collect any fee for parking on any public street or road and shall not use any mechanical or electronic device to receive funds for such a fee including, but not limited to, on-street parking meters.  (Oppose) Downsizing Government Committee.  Heard 3/23.  Passed Committee 3/31.  Referred Rules Committee.  Passed Committee 4/6.  Informal Perfection Calendar

 Court Bills

HB 1702 (Roberts) – amended to prohibit a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a traffic citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the traffic offense have been satisfied.  Crime Prevention Committee.  Heard 2/14.  Passed Committee 2/28.  Referred Rules Committee.  (Support) 

 HB 2007 (Haffner) – allows municipal judges to suspend the driver’s license for failure to appear in court for violations of municipal ordinances.  Local Government Committee.  Heard 2/23.  Passed Committee 2/24.  Referred Rules Committee.  (Support)

Economic Development Bills

 HB 1598 (Falkner) – prohibits a redevelopment project from collecting economic activity taxes or payments in lieu of taxes from any tax whose revenues are dedicated to public safety unless the governing body of the municipality or the commission established under current law has voted to allow the redevelopment project to collect the economic activity taxes or payments in lieu of taxes of that tax.  Local Government Committee.  Heard 1/13.

 SB 735  (Koenig) – requires NIDs, CIDs and TDDs to be terminated upon completion of improvements and satisfaction of debt.    Also limits total combined sales taxes of CIDs and TDDs to 3.25% and exempts food.  Ways & Means Committee.  Heard 1/20.  Passed Committee 1/27.

 SB 874 (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.  Ways & Means Committee.  Heard 3/3. Passed Committee 3/10.  Perfection Calendar. (Oppose)

 SB 908 (Koenig) – requires the governing body of a city or county establishing a NID, CID, TDD or TIF to submit to the State Auditor and the Department of Revenue a description of the boundaries of the district, as well as information on assessments made in the district, as described in the act.  Ways & Means Committee.  Heard 3/2.  Passed Committee 3/10. Passed Senate 4/6.  House Government Oversight Committee.  Heard 4/13.

 Election Bills

HB 1601 (Chipman) – requires a person appointed to elective public office not be delinquent in the payment of state income tax, personal property tax, municipal tax, or real property tax.  Elections Committee.  Heard 3/9.  Passed Committee 3/10.  Referred Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar.

HB 1611 (Sassmann) – requires candidates for political subdivision or special district offices that are currently designated as nonpartisan to file an indication of their political party membership, if any, when running for office. Independents may continue to run for such local offices in the same manner.  General Laws Committee.  Heard 1/24.  (Oppose)

HB 1859 (Eggleston) – political subdivisions or special districts shall label ballot measures of any type that are submitted to a vote of the people alphabetically in the order in which they are submitted.  Elections Committee.  Heard 2/9.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.  Perfected 4/14.

HB 1911 (Shaul) – political subdivisions or special districts shall label ballot measures of any type that are submitted to a vote of the people alphabetically in the order in which they are submitted.  Elections Committee.

 HB 2678 (McCreery) – allows elected officials to use campaign funds for legal fees incurred as result of official duties.   Judiciary Committee.  Heard 3/2.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/30.

HJR 91  (Eggleston) – upon voter approval the Constitutional amendment would change the process and requirements for initiative petitions seeking a Constitutional amendment.  Heard 2/1.  Passed Committee 2/9.  Referred Rules Committee.  Passed Committee 2/16.  Perfected 2/24.  Passed House 3/10.  Senate Elections Committee.  Heard 4/13.  Similar to HJR 102 (Evans) Elections Committee.  Heard 1/26. 

 SB 1049 (Brattin) – requires all candidates for offices in cities, towns, villages, and townships to declare a political party affiliation when filing for office.  Local Government Committee.  (Oppose)

Miscellaneous Bills

 HB 1581 (Mayhew) – provides that, for a city of the fourth classification with no more than 2,000 inhabitants, if a statute or ordinance authorizes the mayor to appoint a member of a local board or commission, any requirement that the appointed person be a resident of the city will be deemed satisfied if the person owns real property or a business in the city.  Local Government Committee.  Heard 4/7.  Passed Committee 4/14.  Referred Rules Committee.

 HB 1584 (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.  Transportation Committee.  Heard 1/12.  Passed Committee 1/26.  Referred Rules Committee.  Passed Rules Committee 2/10.  Perfected 2/28.  Passed House 3/10.  Senate Commerce/Environment Committee.  Hearing 4/20.

 HB 1614 (Lovasco) – prohibits the state and any political subdivision of the state from making or enforcing any statute, ordinance, or rule regarding the parking of an unlicensed motor vehicle on private property if the vehicle is wholly within the property boundaries, is parked on a surface suitable for a driveway or parking area, and is not supported by any device other than its own tires unless it is being repaired for a period not to exceed 72 hours. The bill also prohibits the state and any political subdivision from making or enforcing any statute, ordinance, or rule, except for a statute, ordinance, or rule restricting air pollution or noise pollution, that would prohibit or penalize a noncorporate owner or renter of a private, single family residence from using the residence in a way that does not pose a clear and present danger to the health or safety of the neighbors, or would require a noncorporate owner or renter of a private residence to use the property in a way contrary to the wishes of the owner or renter.  Downsizing Government Committee.  Heard 3/2.  Passed Committee 3/9.  Referred Rules Committee.  Passed Committee 3/23.  Informal Perfection Calendar.

 HB 1633 (Morse) – currently, political subdivisions that fail to submit the required annual financial statement to the State Auditor are fined $500 a day. This bill reduces the fine to an amount of not more than 10% of the total sales and use tax revenue of the fiscal year for which the annual financial statement was not filed for municipalities with fewer than 3,500 inhabitants.  Financial Institutions Committee.  Heard 4/6.

 HB 1657 (Hicks) – 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.  Local Government Committee.  Heard 1/27.  Passed Committee 3/3. Referred Rules Committee.

 HB 1661 (Hicks) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2021, and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code and are authorized to adopt local amendments to the Code or amendments made by the International Code Council.  Economic Development Committee.  Heard 2/24.  Passed Committee 3/24.  Referred Rules Committee.

 HB 1682 (Brown) – amended to state that no political subdivision shall require a property owner to have a home inspection conducted of a residential property regarding the sale of the property. This provision shall not apply to any inspection requirement of new construction or occupancy permit.  Perfected 3/30.  Passed House 4/6.  Senate Local Government Committee.

 HB 2454 (Murphy) – provides that political subdivisions shall not enforce any ordinances struck down by a court and

that the chief executive of the political subdivision may be fined for any such enforcement.  Emerging Issues Committee.

 HB 2593 (Lovasco) – limits political subdivisions regulations on home-based businesses.  Downsizing Government Committee.  Heard 2/23.  Passed Committee 3/3. Referred Rules Committee.  Passed Committee 3/8.  Perfected 4/6. Passed House 4/14. (Oppose)

 SB 697 (Gannon) – a village, town, city, or county may prohibit dogs from running at large or further control or regulate dogs within its boundaries so long as the ordinance, order, policy, or regulation is not breed specific.  Local Government Committee.  Heard 3/2.  Passed Committee 3/9.

 SB 724 (Hegeman) – if a political subdivision’s failure to timely submit annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the political subdivision 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 for fines at the time it files its first annual financial statement after August 28, 2022, 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%. Local Government Committee.  Heard 1/2

SB 809 (Koenig) — limits political subdivisions regulations on home-based businesses.  Small Business Committee.  Heard 3/8.  Passed Committee 3/22.  Perfection Calendar.

 SB 842 (Moon) – repeals the prescription drug monitoring program.  Public Safety Committee.  (Oppose)

 SB 867 (Koenig) – establishes the statewide mechanical contractor license for mechanical contractors which 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. Political subdivisions may establish their own local mechanical contractor’s license but shall recognize a statewide mechanical contractor 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.  General Laws Committee.  Heard 3/1.  Passed Committee 3/22.  Perfection Calendar.

 SB 891 (Moon) – creates recall provisions for elected municipal officials.  Local Government Committee.

 SB 1028 (Moon) – provides a cause of action against a public body that causes economic detriment to a person for misapplication or unequal enforcement of the law.  Judiciary Committee.

 SB 1135 (Hegeman) – bases for closing records and meetings are modified to include certain records relating to records relating to operational guidelines, policies, and plans regarding responses to critical incidents. Existing or proposed security protocols of property owned by a public body may be closed under the act. Records containing any residential address, personal phone number, or personal email address of any employee, customer, or constituent of a public body or applicant for employment or appointment to the public body may be closed. Public bodies may close records containing business or personal addresses, telephone numbers, or email addresses of elected or appointed officials, or other individuals if the public body determines that disclosure would impair the body’s ability to protect the security or safety of persons or property. The act authorizes the closure of inter-agency or intra-agency memoranda or letters that would not be available by state or federal law to a party other than an agency in litigation with the agency, provided that this exception shall not apply to records created twenty-five years or more before the date the records were requested. Also, a public governmental body is authorized to close records that are related to 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. The public body may also close records of utility usage and bill records for customers of public utilities unless the customer requests them or authorizes their release.

Currently, requests for records must be acted upon with three business days. This act changes this requirement to five business days and conditions the earliest possible date that the records will be available upon receipt of payment. If the custodian of records requests payment of a fee prior to providing the earliest date the records will be available, the public body shall consider the request fulfilled if payment is not received on or before the date requested by the public body or if the requester fails to respond within thirty days to the body’s request for payment.  Government Accountability Committee.  (Support)

Personnel & Employment Bills

 HB 1640 – (Seitz) – recognizes posttraumatic stress disorder (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers Compensation, when diagnosed in specified first responders.  Public Safety Committee.  Heard 3/29.  Passed Committee 4/5.  Referred Rules Committee.

 HB 1656 (Hicks) – specifies that no political subdivision can require its employees to reside within a jurisdiction.  Public Safety Committee.  Heard1/25.  Passed Committee 2/1.  Referred Rules Committee.  Passed Committee 2/22.  Perfected 3/23.  Passed House 3/28.  Senate Transportation/Infrastructure Committee.

 HB 2439 (Hovis) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Crime Prevention Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.  Passed Committee 3/24.  Informal Perfection Calendar.

 SB 689 (Williams) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Public Safety Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 708 (Beck) – provides that post-traumatic stress disorder (PTSD) diagnosed in any person who is a firefighter, police officer, emergency medical technician, emergency medical dispatcher or other first responder shall be presumed as an occupational disease resulting from employment if the person has completed at least 5 years of employment and the person was examined by a medical professional upon commencing employment and the examination failed to reveal any evidence of PTSD.  Insurance Committee.

SB 728 (Onder) – establishes the “Public Employee Janus Rights Act,” permitting a public body to 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 with the written, informed consent of the public employee. The act also requires the public employee’s written, informed consent for labor organizations to use such fees or dues for political purposes. Any authorization required by this act may be in written or electronic form. Any authorization must be submitted to the public body employer before such fees may be withheld. Furthermore, the employer shall require clear and compelling evidence that the authorization was freely given. Any consent given by an employee may be revoked at any time. Failure to comply with these requirements on the part of an employer shall result in a fine of no more than $500 per violation.  General Laws Committee.

SB 854 (Washington) – the POST Commission and the Attorney General shall each create and maintain a database that shall store public data related to officer misconduct. Each law enforcement agency shall submit individual officer data which shall be redacted of personal identifying information of the officer.  Public Safety Committee.

SB 1188  (Beck) – current law prohibits punitive damages against a public entity. This act allows punitive damages to be awarded if a plaintiff shows by clear and convincing evidence that the public entity violated a safety standard issued by the employer or the Occupational Safety and Health Administration (OSHA), regulation, or statute in this state or any lawful order of a court or other judicial body.  Small Business Committee.

 Public Safety Bills

 HB 1462 (Schnelting) – 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.  Also removes the prohibition on the carrying of firearms in churches and other places of worship by a person with a valid concealed carry permit.   General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.  Passed Committee 2/24.  Perfected 3/1.  Passed House 3/9.  Senate General Laws Committee.  Heard 3/29.  Passed Committee 4/5.

 HB 1660 (Hicks) – 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.  General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.

 HB 2154 (Perkins) – the costs of installing a fire hydrant, excluding dry fire hydrants, within the city limits of an incorporated city shall be paid by the city. If a city cannot or does not pay for the installation of such a fire hydrant, the city shall not require the installation of any such fire hydrant.  Public Safety Committee.  Heard 1/25.  Passed Committee 4/5.  Referred Rules Committee.

 HB 2432 (Roden) – returns the control of the City of St. Louis Police Department back to the Board of Police Commissioners.  Public Safety Committee.  Heard 3/29.

 SB 752 (Burlision) – repeals provisions that prohibit someone with a valid concealed carry permit from carrying a concealed weapon in any meeting of the governing body of a unit of local government or the General Assembly.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 795 (Washington) -modifies provisions relating to police use of force.  Judiciary/Criminal Jurisprudence Committee.

 SB 804 (Onder) – a person carrying a concealed firearm who possesses a valid concealed carry permit or endorsement shall not be prohibited 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. Additionally, an employee of the Bi-State Development Agency may carry a weapon into any facility or conveyance of the agency.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 859 (Mosley) – creates police protection districts which shall be a political subdivision organized and empowered to supply protection to people and property from crimes and hazards, to render first aid for the purpose of saving lives, and to give assistance in the event of an accident or emergency. The police protection district must consist of contiguous tracts or parcels of property containing all or parts of one county and may include, in whole but not in part, any city, town, or village.  Public Safety Committee.

 SB 1012 (Eigel) – returns St. Louis City police to state control under a board of commissioners appointed by the Governor.  Public Safety Committee.

 SB 1033 (Rizzo) – repeals provisions relating to law enforcement officers who enforce certain federal laws or who provide material aid to federal law enforcement officers.  General Laws Committee.

 Taxation & Revenue Bills

 HB 1583 (Murphy) – if, prior to the expiration of a temporary levy increase, voters approve a subsequent levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase. If, prior to the expiration of a temporary levy increase, voters of a political subdivision are asked to approve an additional, permanent increase to the political subdivision’s tax rate ceiling, voters shall be submitted ballot language that clearly indicates that if the permanent levy increase is approved, the temporary levy shall be made permanent.  Ways & Means Committee.  Heard 1/12.  Passed Committee 1/19.  Referred Rules Committee.  Passed Rules Committee 2/7.  Perfected 4/6.  Passed House 4/14.

 HB 1740 (Dogan) – prohibits telecommuting work from being subject to earnings taxes.  Workforce Development Committee.  Heard 2/7.  Passed Committee 2/14.  Referred Rules Committee.  Passed Committee 3/3.  Informal Perfection Calendar.

 HB 2214 (Hurlbert) – allows any municipality to levy up to 1/2 cent sales tax for public safety, subject to 4/7 vote.  Also allows any municipality with a fire department, municipality contracting for fire service or fire district to levy an additional 1/2 cent sales tax for fire service.  All taxes must be approved by a 4/7 vote.  The League has long opposed sales tax authority for County fire districts.  Local Government Committee.  Heard 2/24.

 HB 2220 (Falkner) – relates to penalties for failure to file annual municipal finance reports.  Penalties could include disincorporation.  Local Government Committee.  Heard 2/23.  Passed Committee 3/3.  Referred Rules Committee.  Passed Committee 3/10. Informal Perfection Calendar.

 HB 2619 (Railsback) – allows any municipality to levy a hotel tax of up to 5% per night for promoting tourism.  Subject to voter approval.  Tourism Committee.  (Support)

 HB 2729 (Davidson) – requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to 50% the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021.  Clearly violates federal law. (Oppose)  Local Government Committee.  Heard 3/24.

 HJR 126 (Pietzman) – constitutional amendment to phase in property tax exemption for senior citizens.  Public Policy Committee.  (Oppose)

 SB 911 (Eigel) – for the 2022 and 2023 calendar years, this act requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021 during such calendar years.  Clearly violates federal law.  Ways & Means Committee.  Heard 2/24.  Passed Committee 3/3.  (Oppose)

 SB 967 (Hough) – requires all motor vehicle dealers to apply to collect and remit sales tax on motor vehicles sold by such dealer.  Transportation Committee.  Heard 3/1.  Passed Committee 3/8.

 SJR 59 (Brattin) – replaces all property taxes with a sales tax on property sales.  Ways & Means Committee.  Heard 3/31.

 Transportation and Vehicle Bills

HB 2705 (Lovasco) – prohibits the use of traffic cameras.  Downsizing Government Committee.  Heard 4/13.

SB 782 (Moon) – repeals the gas tax increase.  Transportation Committee. (Oppose)

SB 811 (Eigel) – repeals the gas tax increase.  Transportation Committee.  (Oppose)

 SB 1149 (White) – repeals the gas tax increase.  Transportation Committee.  (Oppose)

 Utility Bills

HB 2016 (Black) – allows any political subdivision of the state to form a broadband infrastructure improvement district. In addition, the board of a district may allow the inclusion of a private entity, as defined in the bill, in the district.  Broadband Committee.  Heard 3/10.

HB 2353 (Riggs) – authorizes political subdivisions to form broadband infrastructure improvement districts.  Broadband Committee.  Heard 3/10.

SB 1074 (Hegeman) – no federal funds received by the state, or a political subdivision shall be expended for the construction of broadband internet infrastructure unless the project to be constructed is located in an “unserved area” or “underserved area”, and the project will provide broadband internet service to customers at certain speeds as stated in the act.  Commerce Committee.  Heard 4/6.  Passed Committee 4/13.

SB 1232 (O’Laughlin) – modifies the definition of “video service” for provisions of law relating to video service providers and such definition now includes streaming content.  The act also states that any suit arising out of a dispute over the video service provider fee established in statute shall be filed by the Public Service Commission under its own name or on behalf of the franchise entity seeking to recover an additional amount or seeking a refund.  A video service provider shall not be required to retain financial records associated with payment of the video service provider fee for more than 3 years unless the Public Service Commission, rather than a franchise entity, has commenced a dispute regarding such payment.  Commerce Committee.  Heard 4/13.

LEGISLATIVE UPDATES 3/14/2022

 

LEGISLATIVE UPDATE 3-14-22

 

March 14, 2022

 

The legislature is on spring break this week so there will be no report on Friday.  The Senate has not reached agreement on the Congressional redistricting bill but there has been action on a few other bills.  The House continues to hold hearings and have floor debate on bills.  Below are summaries of bills of interest.   

The links below will take you to the weekly hearing schedules.  Bills are added throughout the week, by clicking on the link and committee name you can see the most current bills that will have public hearings or be voted out of committee.

 

Senate Hearing Schedule

House Hearing Schedule  

 

Priority Bills

SB 759 (Hough) – authorizes any taxing jurisdiction to impose one or more sales taxes for purposes to be designated by the taxing jurisdiction, provided that the total combined rate of local sales taxes imposed and retained 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 and retained by a county shall not exceed 4.5%; the total combined rate of local sales taxes imposed and retained by the City of St. Louis shall not exceed 9.0%; and for all other taxing jurisdictions, the total combined rate of sales taxes in any given taxing jurisdiction shall not exceed 3.0%.  Local Government and Elections Committee.  Heard 1/26.  Passed Committee 2/16.  (Support)  The provisions of this bill have been included in the Senate Committee Substitute for SB 649 (Eigel) Perfected 3/2.  3rd Reading Calendar.  The provisions are also in the perfected version of SB 743.  (Crawford) Perfected 3/9.  3rd Reading Calendar.

SB 930 (Koenig) – a public governmental body is authorized to close records that are related to 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.  Government Accountability Committee.  Heard 3/3.  Passed Committee 3/10.  (Support)

 HB 2147 (Schwadron) – allows cities which contract for fire service to levy up to 1/2 cent sales tax.  Local Government Committee.  Heard 3/10.  (Support)

 HB 1594 (Walsh) – repeals the gas tax increase.  Government Oversight Committee.  Heard 2/8.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.  Informal Perfection Calendar.  (Oppose).  Similar bills are SB 782 (Moon) and SB 811 (Eigel)

 HB 2363 (McGirl) – 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%.  The bill also allows municipalities that contract for fire protection services to, with voter approval, implement a sales tax of up to .5%.  Local Government.  Passed Committee 3/3. Referred to Rules Committee. (Support)

Court Bills

HB 1494 (Ellebracht) – directs proceeds of fines collected by an associate circuit court for municipal ordinance violations to be distributed to county schools.  (Oppose)

HB 1499 (Ellebracht) – specifies that limits on fines for traffic violations shall not apply if the defendant is represented by counsel and entered into a plea agreement with the court.

HB 1622 (Schroer) – combines the circuit courts of St. Louis City and County.

 HB 1702 (Roberts) – amended to prohibit a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a traffic citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the traffic offense have been satisfied.  Crime Prevention Committee.  Heard 2/14.  Passed Committee 2/28.  Referred Rules Committee.  (Support) 

 HB 2007 (Haffner) – allows municipal judges to suspend the driver’s license for failure to appear in court for violations of municipal ordinances.  Local Government Committee.  Heard 2/23.  Passed Committee 2/24.  Referred Rules Committee.  (Support)

Economic Development Bills

 HB 1598 (Falkner) – prohibits a redevelopment project from collecting economic activity taxes or payments in lieu of taxes from any tax whose revenues are dedicated to public safety unless the governing body of the municipality or the commission established under current law has voted to allow the redevelopment project to collect the economic activity taxes or payments in lieu of taxes of that tax.  Local Government Committee.  Heard 1/13.

 SB 735  (Koenig) – requires NIDs, CIDs and TDDs to be terminated upon completion of improvements and satisfaction of debt.    Also limits total combined sales taxes of CIDs and TDDs to 3.25% and exempts food.  Ways & Means Committee.  Heard 1/20.  Passed Committee 1/27.

 SB 874 (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.  Ways & Means Committee.  Heard 3/3. Passed Committee 3/10.  (Oppose)

 SB 908 (Koenig) – requires the governing body of a city or county establishing a NID, CID, TDD or TIF to submit to the State Auditor and the Department of Revenue a description of the boundaries of the district, as well as information on assessments made in the district, as described in the act.  Ways & Means Committee.  Heard 3/2.  Passed Committee 3/10.  Consent (non-controversial) Calendar.

 Election Bills

HB 1601 (Chipman) – requires a person appointed to elective public office not be delinquent in the payment of state income tax, personal property tax, municipal tax, or real property tax.  Elections Committee.  Heard 3/9.  Passed Committee 3/10.  Referred Rules Committee.

HB 1611 (Sassmann) – requires candidates for political subdivision or special district offices that are currently designated as nonpartisan to file an indication of their political party membership, if any, when running for office. Independents may continue to run for such local offices in the same manner.  General Laws Committee.  Heard 1/24.  (Oppose)

HB 1859 (Eggleston) – political subdivisions or special districts shall label ballot measures of any type that are submitted to a vote of the people alphabetically in the order in which they are submitted.  Elections Committee.  Heard 2/9.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.

HB 1911 (Shaul) – political subdivisions or special districts shall label ballot measures of any type that are submitted to a vote of the people alphabetically in the order in which they are submitted.  Elections Committee.

 HB 2678 (McCreery) – allows elected officials to use campaign funds for legal fees incurred as result of official duties.   Judiciary Committee.  Heard 3/2.  Passed Committee 3/9.  Referred Rules Committee.

HJR 91  (Eggleston) – upon voter approval the Constitutional amendment would change the process and requirements for initiative petitions seeking a Constitutional amendment.  Heard 2/1.  Passed Committee 2/9.  Referred Rules Committee.  Passed Committee 2/16.  Perfected 2/24.  Passed House 3/10.  Similar to HJR 102 (Evans) Elections Committee.  Heard 1/26.

 SB 1049 (Brattin) – requires all candidates for offices in cities, towns, villages, and townships to declare a political party affiliation when filing for office.  Local Government Committee.  (Oppose)

Miscellaneous Bills

 HB 1500 (Ellebracht) – 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.

 HB 1503 – (Ellebracht) – allows as closed records by local governments the 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.  (Support)

 HB 1581 (Mayhew) – provides that, for a city of the fourth classification with no more than 2,000 inhabitants, if a statute or ordinance authorizes the mayor to appoint a member of a local board or commission, any requirement that the appointed person be a resident of the city will be deemed satisfied if the person owns real property or a business in the city.

 HB 1584 (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.  Transportation Committee.  Heard 1/12.  Passed Committee 1/26.  Referred Rules Committee.  Passed Rules Committee 2/10.  Perfected 2/28.  Passed House 3/10.

 HB 1588 (Haden) – 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.  Local Government Committee.  Heard 1/27.  Passed Committee 2/23.  Combined with HB 1657 (see below).

 HB 1614 (Lovasco) – prohibits the state and any political subdivision of the state from making or enforcing any statute, ordinance, or rule regarding the parking of an unlicensed motor vehicle on private property if the vehicle is wholly within the property boundaries, is parked on a surface suitable for a driveway or parking area, and is not supported by any device other than its own tires unless it is being repaired for a period not to exceed 72 hours. The bill also prohibits the state and any political subdivision from making or enforcing any statute, ordinance, or rule, except for a statute, ordinance, or rule restricting air pollution or noise pollution, that would prohibit or penalize a noncorporate owner or renter of a private, single family residence from using the residence in a way that does not pose a clear and present danger to the health or safety of the neighbors, or would require a noncorporate owner or renter of a private residence to use the property in a way contrary to the wishes of the owner or renter.  Downsizing Government Committee.  Heard 3/2.  Passed Committee 3/9.  Referred Rules Committee.

 HB 1615 (Lovasco) – authorizes a member of the General Assembly to serve as an ex officio member of a board, commission, committee, council, or other legislative or regulatory body for any type of political subdivision that overlaps his or her district. Members shall not have voting powers and shall not receive compensation for any service as an ex officio member of such entities. (Oppose)

 HB 1633 (Morse) – currently, political subdivisions that fail to submit the required annual financial statement to the State Auditor are fined $500 a day. This bill reduces the fine to an amount of not more than 10% of the total sales and use tax revenue of the fiscal year for which the annual financial statement was not filed for municipalities with fewer than 3,500 inhabitants.

 HB 1657 (Hicks) – 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.  Local Government Committee.  Heard 1/27.  Passed Committee 3/3. Referred Rules Committee.

 HB 1661 (Hicks) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2021 and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code, and are authorized to adopt local amendments to the Code or amendments made by the International Code Council.  Economic Development Committee.  Heard 2/24.

 HB 1764 (Sander) – any city or county shall have the authority to adopt regulations with respect to outdoor advertising that are more restrictive than the height, size, lighting and spacing provisions of sections 226.500 to 226.600; except that, such regulations shall not have the effect of prohibiting outdoor advertising in its entirety, unless the location proposed is adjacent to a highway designated as a scenic byway under federal law.   In locations where outdoor advertising is prohibited under federal or state law due to proximity to a scenic byway, all utilities shall be buried underground.

 HB 1837 (Gray) – prohibits 3rd & 4th 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.

 HB 2014 (Kelly) – public governmental bodies may close meetings, records, and votes to the extent they relate to recordings of communications of a public employee.

 HB 2049 (DeGroot) – clarifies definitions of public meetings and public records and closes 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 newsletter.  (Support)

 HB 2078 (Schroer) – prohibits political subdivisions from enacting ordinances more restrictive than the Federal Clean Air Act for refrigerants.

 HB 2183 (Proudie) – specifies that limited liability companies that own real property in St. Louis County must designate a contact person with the county clerk.

 HB 2209 (Hurlbert) – the state, any political subdivision thereof, and any other entity that receives public funds shall not establish, levy, maintain, or collect any fee for parking on any public street or road and shall not use any mechanical or electronic device to receive funds for such a fee including, but not limited to, on-street parking meters.  Downsizing Government Committee.

 HB 2288 (Terry) – enacts terms limits of 8 years for mayors in 4th class cities.  Changes aldermen to alders.

 HB 2437 (Smith) – limits claims brought by political subdivisions against certain entities who are parties to a statewide opioid settlement agreement.

 HB 2454 (Murphy) – provides that political subdivisions shall not enforce any ordinances struck down by a court and

that the chief executive of the political subdivision may be fined for any such enforcement.

 HB 2457 (Burnett) – repeals the state prohibition of local governments regulating paper and plastic bags.

 HB 2481 (Mackey) – in a civil action brought by the attorney general against a political subdivision including, but not limited to, school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district.

 HB 2569 (Quade) – in a civil action brought by the attorney general against a political subdivision, including school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district.

 HB 2593 (Lovasco) – limits political subdivisions regulations on home-based businesses.  Downsizing Government Committee.  Heard 2/23.  Passed Committee 3/3. Referred Rules Committee.  Passed Committee 3/8.  Perfection Calendar.  (Oppose)

 HB 2712 (Reedy) – clarifies definitions of public meetings and public records and closes 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 newsletter.  (Support)

 HB 2718 (McCreery) – allows class action lawsuits to challenge sewer lateral fees.

 HB 2858 (Fishel) – prohibits political subdivisions from requiring a home inspection before the sale of residential property.

 HB 2873 (Gregory) – requires all governmental bodies to provide to the Secretary of State an email address for the custodian of records.  Also requires all elected officials to have an email address for public business.

 SB 697 (Gannon) – a village, town, city, or county may prohibit dogs from running at large or further control or regulate dogs within its boundaries so long as the ordinance, order, policy, or regulation is not breed specific.  Local Government Committee.  Heard 3/2.  Passed Committee 3/9.

 SB 724 (Hegeman) – if a political subdivision’s failure to timely submit annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the political subdivision 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 for fines at the time it files its first annual financial statement after August 28, 2022, 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 uncollectable, the Director shall have the authority to make a one-time downward adjustment to any outstanding penalty.  This act provides that if a political subdivision with outstanding fines or penalties fails to file a financial statement after August 28, 2022 and before January 31, 2023 or fails to file any financial statement after January 31, 2023, the Director of Revenue shall notify the Attorney General who shall initiate the process to disincorporate the political subdivision.  Local Government Committee.  Heard 1/26.  Passed Committee 2/16.  Perfected 3/9.  3rd Reading Calendar.

 SB 809 (Koenig) — limits political subdivisions regulations on home-based businesses.  Small Business Committee.  Heard 3/8.

 SB 842 (Moon) – repeals the prescription drug monitoring program.  Public Safety Committee.  (Oppose)

 SB 867 (Koenig) – establishes the statewide mechanical contractor license for mechanical contractors which 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. Political subdivisions may establish their own local mechanical contractor’s license but shall recognize a statewide mechanical contractor 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.  General Laws Committee.  Heard 3/1.

 SB 891 (Moon) – creates recall provisions for elected municipal officials.  Local Government Committee.

 SB 1028 (Moon) – provides a cause of action against a public body that causes economic detriment to a person for misapplication or unequal enforcement of the law.  Judiciary Committee.

 SB 1135 (Hegeman) – bases for closing records and meetings are modified to include certain records relating to records relating to operational guidelines, policies, and plans regarding responses to critical incidents. Existing or proposed security protocols of property owned by a public body may be closed under the act. Records containing any residential address, personal phone number, or personal email address of any employee, customer, or constituent of a public body or applicant for employment or appointment to the public body may be closed. Public bodies may close records containing business or personal addresses, telephone numbers, or email addresses of elected or appointed officials, or other individuals if the public body determines that disclosure would impair the body’s ability to protect the security or safety of persons or property. The act authorizes the closure of inter-agency or intra-agency memoranda or letters that would not be available by state or federal law to a party other than an agency in litigation with the agency, provided that this exception shall not apply to records created twenty-five years or more before the date the records were requested. Also, a public governmental body is authorized to close records that are related to 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. The public body may also close records of utility usage and bill records for customers of public utilities unless the customer requests them or authorizes their release.

Currently, requests for records must be acted upon with three business days. This act changes this requirement to five business days and conditions the earliest possible date that the records will be available upon receipt of payment. If the custodian of records requests payment of a fee prior to providing the earliest date the records will be available, the public body shall consider the request fulfilled if payment is not received on or before the date requested by the public body or if the requester fails to respond within thirty days to the body’s request for payment.  Government Accountability Committee.  (Support)

 Personnel & Employment Bills

 HB 1640 – (Seitz) – recognizes posttraumatic stress disorder (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers Compensation, when diagnosed in specified first responders.

 HB 1651 (Nurrenbern) – subjects’ public employers to the state minimum wage law.

 HB 1656 (Hicks) – specifies that no political subdivision can require its employees to reside within a jurisdiction.  Public Safety Committee.  Heard1/25.  Passed Committee 2/1.  Referred Rules Committee.  Passed Committee 2/22.

 HB 1794 (Windham) – requires all police officers in St. Louis County to be paid a minimum of $20 per hour.

 HB 1819 (Gray) – during the application or interview process for employment as a peace officer, an applicant shall disclose whether he or she has had any complaints, disciplinary actions, or internal investigations as a peace officer while employed with any other law enforcement agency. If so, he or she shall undergo a psychological evaluation prior to being hired as a peace officer to determine whether he or she can effectively work in the field of law enforcement. If, after the psychological evaluation, the applicant is found qualified, he or she shall receive additional training addressing the issue that resulted in any such complaint, disciplinary action, or internal investigation.

 HB 1825 (Gray) – all peace officer recruits shall, upon hire and every three years thereafter, attend a training program that provides community relations, diversity, sensitivity, and cultural competency training. All existing peace officers in this state shall attend a community relations, diversity, sensitivity, and cultural competency training program every three years. Such instruction shall include training through discipline, public information activity, and efficient frontline police work.

 HB 2063 (Sauls) – establishes disciplinary procedures for firefighters.

 HB 2064 (Sauls) – adds additional conditions for worker compensation claims for firefighters.

 HB 2066 (Sauls) – adds additional conditions for worker compensation claims for firefighters.

 HB 2439 (Hovis) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Crime Prevention Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.

 SB 689 (Williams) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Public Safety Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 708 (Beck) – provides that post-traumatic stress disorder (PTSD) diagnosed in any person who is a firefighter, police officer, emergency medical technician, emergency medical dispatcher or other first responder shall be presumed as an occupational disease resulting from employment if the person has completed at least 5 years of employment and the person was examined by a medical professional upon commencing employment and the examination failed to reveal any evidence of PTSD.  Insurance Committee.

SB 728 (Onder) – establishes the “Public Employee Janus Rights Act,” permitting a public body to 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 with the written, informed consent of the public employee. The act also requires the public employee’s written, informed consent for labor organizations to use such fees or dues for political purposes. Any authorization required by this act may be in written or electronic form. Any authorization must be submitted to the public body employer before such fees may be withheld. Furthermore, the employer shall require clear and compelling evidence that the authorization was freely given. Any consent given by an employee may be revoked at any time. Failure to comply with these requirements on the part of an employer shall result in a fine of no more than $500 per violation.  General Laws Committee.

SB 854 (Washington) – the POST Commission and the Attorney General shall each create and maintain a database that shall store public data related to officer misconduct. Each law enforcement agency shall submit individual officer data which shall be redacted of personal identifying information of the officer.  Public Safety Committee.

 Public Safety Bills

 HB 1459 (Brown) – repeals Section 21.750 in which the General Assembly preempts 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.

 HB 1462 (Schnelting) – 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.  Also removes the prohibition on the carrying of firearms in churches and other places of worship by a person with a valid concealed carry permit.   General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.  Passed Committee 2/24.  Perfected 3/1.  Passed House 3/9.  Senate General Laws Committee.

 HB 1568 (Sharp) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

 HB 1582 (Murphy) – prohibits tampering with multiple car doors.

 HB 1660 (Hicks) – 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.  General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.

 HB 1698 (Baker) – allows firearms in churches and other places of worship with a concealed carry permit.  General Laws Committee.  Heard 2/23.  Provisions included in HB 1462.

 HB 1731 (Barnes) – establishes the offenses of harassment of a school or recreation athletic official and entry or remaining on site of a school or recreation athletic contest after being forbidden.  (Support)

 HB 1759 (Dogan) – requires law enforcement agencies to adopt written investigation policies for officer-involved deaths.

 HB 1780 (Windham) – requires law enforcement officers to give persons under arrest forty-eight hours to arrange for their motor vehicle to be removed before authorizing a towing company to remove a motor vehicle.

 HB 1823 (Gray) – requires law enforcement agencies to adopt written investigation policies for officer-involved deaths.

 HB 1865 (Rowland) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

 HB 1912 (Schroer) – allows firearms in churches and other places of worship with a concealed carry permit.  General Laws Committee.  Heard 2/23.  Provisions included in HB 1462.

 HB 1915 (Schroer) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

 HB 2154 (Perkins) – the costs of installing a fire hydrant, excluding dry fire hydrants, within the city limits of an incorporated city shall be paid by the city. If a city cannot or does not pay for the installation of such a fire hydrant, the city shall not require the installation of any such fire hydrant.  Public Safety Committee.  Heard 1/25.

 HB 2422 (Manlove) – prohibits carotid restraints, except under certain circumstances, and provides for peace officer dismissal and license revocation based on improper use of chokeholds and carotid restraints.

 HB 2432 (Roden) – returns the control of the City of St. Louis Police Department back to the Board of Police Commissioners.

 HB 2442 (Davis) – repeals provisions that prohibit someone with a valid concealed carry permit from carrying a concealed weapon in any meeting of the governing body of a unit of local government or the General Assembly.  General Laws Committee. 

 HB 2671 (Schroer) – returns the control of the City of St. Louis Police Department back to the Board of Police Commissioners.

 HB 2857 (Wright) – establishes authority for cities to issue municipal search warrants for ordinance violations.

 SB 752 (Burlision) – repeals provisions that prohibit someone with a valid concealed carry permit from carrying a concealed weapon in any meeting of the governing body of a unit of local government or the General Assembly.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 795 (Washington) -modifies provisions relating to police use of force.  Judiciary/Criminal Jurisprudence Committee.

 SB 804 (Onder) – a person carrying a concealed firearm who possesses a valid concealed carry permit or endorsement shall not be prohibited 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. Additionally, an employee of the Bi-State Development Agency may carry a weapon into any facility or conveyance of the agency.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 859 (Mosley) – creates police protection districts which shall be a political subdivision organized and empowered to supply protection to people and property from crimes and hazards, to render first aid for the purpose of saving lives, and to give assistance in the event of an accident or emergency. The police protection district must consist of contiguous tracts or parcels of property containing all or parts of one county and may include, in whole but not in part, any city, town, or village.  Public Safety Committee.

 SB 1012 (Eigel) – returns St. Louis City police to state control under a board of commissioners appointed by the Governor.  Public Safety Committee.

 SB 1033 (Rizzo) – repeals provisions relating to law enforcement officers who enforce certain federal laws or who provide material aid to federal law enforcement officers.  General Laws Committee.

Taxation & Revenue Bills

 HB 1583 (Murphy) – if, prior to the expiration of a temporary levy increase, voters approve a subsequent levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase. If, prior to the expiration of a temporary levy increase, voters of a political subdivision are asked to approve an additional, permanent increase to the political subdivision’s tax rate ceiling, voters shall be submitted ballot language that clearly indicates that if the permanent levy increase is approved, the temporary levy shall be made permanent.  Ways & Means Committee.  Heard 1/12.  Passed Committee 1/19.  Referred Rules Committee.  Passed Rules Committee 2/7.

 HB 1733 (O’Donnell) – Requires auto dealers to collect and remit sales tax on motor vehicle sales.

 HB 1740 (Dogan) – prohibits telecommuting work from being subject to earnings taxes.  Workforce Development Committee.  Heard 2/7.  Passed Committee 2/14.  Referred Rules Committee.  Passed Committee 3/3.

 HB 1779 (Windham) – removes the state sales tax on any retail sales on food and imposes a tax on the transfer of every decedent’s estate in the state that has a value of at least $25,000.

 HB 1817 (Gray) – exempts food from local sales taxes (Oppose)

 HB 1992 (Coleman) – exempts food from state and LOCAL sales taxes.  Ways & Means Committee.  Heard 2/9.  Passed Committee 3/9.  Referred Rules Committee.  (Oppose)

 HB 2214 (Hurlbert) – allows any municipality to levy up to 1/2 cent sales tax for public safety, subject to 4/7 vote.  Also allows any municipality with a fire department, municipality contracting for fire service or fire district to levy an additional 1/2 cent sales tax for fire service.  All taxes must be approved by a 4/7 vote.  The League has long opposed sales tax authority for County fire districts.  Local Government Committee.  Heard 2/24.

 HB 2220 (Falkner) – relates to penalties for failure to file annual municipal finance reports.  Penalties could include disincorporation.  Local Government Committee.  Heard 2/23.  Passed Committee 3/3.  Referred Rules Committee.  Passed Committee 3/10.

 HB 2467 (Merideth) – any political subdivision may adopt an order, ordinance, or regulation increasing the tax levied on cigarettes and tobacco products within the boundaries of such political subdivision, subject to voter approval.

 HB 2530 (Sauls) – exempts food from local sales tax. (Oppose)

 HB 2619 (Railsback) – allows any municipality to levy a hotel tax of up to 5% per night for promoting tourism.  Subject to voter approval.  Tourism Committee.  (Support)

 HB 2729 (Davidson) – requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to 50% the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021.  Clearly violates federal law.   Local Government Committee.

 

HB 2855 (Tate) – prohibits increases in the rate of property taxes in any municipality or political subdivision that defunds police.

 HJR 67 (Ellebracht) – constitutional amendment to prevent the increase of assessments of residential, real property by more than 3% in any calendar year.

 HJR 90 (Terry) – constitutional amendment to reduce property tax assessments on senior citizens and disabled persons by fifty percent.

 HJR 126 (Pietzman) – constitutional amendment to phase in property tax exemption for senior citizens.  Public Policy Committee.  (Oppose)

 SB 911 (Eigel) – for the 2022 and 2023 calendar years, this act requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021 during such calendar years.  Clearly violates federal law.  Ways & Means Committee.  Heard 2/24.  Passed Committee 3/3.  (Oppose)

 SB 967 (Hough) – requires all motor vehicle dealers to apply to collect and remit sales tax on motor vehicles sold by such dealer.  Transportation Committee.  Heard 3/1.  Passed Committee 3/8.

 SJR 59 (Brattin) – replaces all property taxes with a sales tax.

 Transportation and Vehicle Bills

HB 2007 (Haffner) – currently, if a driver is charged with a moving violation and fails to dispose of the charges as ordered without good cause, the court informs the resident that it WILL instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. Under this bill, the court will inform the defendant that it MAY instruct the Department of Revenue to suspend the defendant’s license.  Local Government Committee.  Heard 2/23.  Passed Committee 2/24.  Referred Rules Committee.

 HB 2705 (Lovasco) – prohibits the use of traffic cameras.  Downsizing Government Committee.

 SB 782 (Moon) – repeals the gas tax increase.  Transportation Committee. (Oppose)

 SB 811 (Eigel) – repeals the gas tax increase.  Transportation Committee.  (Oppose)

 SB 1149 (White) – repeals the gas tax increase.  Transportation Committee.  (Oppose)

 Utility Bills

HB 2016 (Black) allows any political subdivision of the state to form a broadband infrastructure improvement district. In addition, the board of a district may allow the inclusion of a private entity, as defined in the bill, in the district.  Broadband Committee.  Heard 3/10.

HB 2353 (Riggs) – authorizes political subdivisions to form broadband infrastructure improvement districts.  Broadband Committee.  Heard 3/10.

SB 1074 (Hegeman) no federal funds received by the state, or a political subdivision shall be expended for the construction of broadband internet infrastructure unless the project to be constructed is located in an “unserved area” or “underserved area”, and the project will provide broadband internet service to customers at certain speeds as stated in the act.  Commerce Committee.

 

 

 

LEGISLATIVE UPDATE 3/4/2022

LEGISLATIVE UPDATE 3-4-22 PDF

March 4, 2022

 

The Senate has not reached agreement on the Congressional redistricting bill but there has been action on a few other bills.  The House continues to hold hearings and have floor debate on bills.  Below are summaries of bills of interest.  Changes from last week are shown in red.

 

The links below will take you to the weekly hearing schedules.  Bills are added throughout the week, by clicking on the link and committee name you can see the most current bills that will have public hearings or be voted out of committee.

 

Senate Hearing Schedule

House Hearing Schedule   

Priority Bills

SB 759 (Hough) – authorizes any taxing jurisdiction to impose one or more sales taxes for purposes to be designated by the taxing jurisdiction, provided that the total combined rate of local sales taxes imposed and retained 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 and retained by a county shall not exceed 4.5%; the total combined rate of local sales taxes imposed and retained by the City of St. Louis shall not exceed 9.0%; and for all other taxing jurisdictions, the total combined rate of sales taxes in any given taxing jurisdiction shall not exceed 3.0%.  Local Government and Elections Committee.  Heard 1/26.  Passed Committee 2/16.  (Support)  The provisions of this bill have been included in the Senate Committee Substitute for SB 649 (Eigel) Perfected 3/2.

HB 1503 – (Ellebracht) – allows as closed records by local governments the 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.  (Support) Similar bills are HB 2049 (DeGroot) and SB 930 (Koenig).

 HB 1494 (Ellebracht) – directs proceeds of fines collected by an associate circuit court for municipal ordinance violations to be distributed to county schools.  (Oppose)

 HB 1817 (Gray) – exempts food from local sales taxes (Oppose)

 HB 2147 (Schwadron) – allows cities which contract for fire service to levy up to 1/2 cent sales tax.  Local Government Committee.   (Support)

 HB 1594 (Walsh) – repeals the gas tax increase.  Government Oversight Committee.  Heard 2/8.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.  Informal Perfection Calendar.  (Oppose).  Similar bills are SB 782 (Moon) and SB 811 (Eigel)

 HB 2363 (McGirl) 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%.  It also allows municipalities the contract for fire protection services to, with voter approval, implement a sales tax of up to 1.0%.  Local Government. Voted Do Pass, Referred to Rules – Administration Oversight 3/3 (Support)

Court Bills

 HB 1499 (Ellebracht) – specifies that limits on fines for traffic violations shall not apply if the defendant is represented by counsel and entered into a plea agreement with the court.

HB 1622 (Schroer) – combines the circuit courts of St. Louis City and County.

 HB 1702 (Roberts) – amended to prohibit a court from issuing an arrest warrant for a person’s failure to respond, pay an assessed fine, or appear in court for a traffic citation issued for an offense that is classified or charged as an infraction. Instead, the court must issue a notice, which will include a second scheduled court date, to be sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be sent to the driver and to the Department of Revenue. When the driver applies to renew his or her driver’s license, the Department of Revenue must deny the application until all delinquent fines and fees in connection with the traffic offense have been satisfied.  Crime Prevention Committee.  Heard 2/14.  Passed Committee 2/28.  Referred Rules Committee.  (Support) 

 HB 2007 (Haffner) – allows municipal judges to suspend the driver’s license for failure to appear in court for violations of municipal ordinances.  Local Government Committee.  Heard 2/23.  Passed Committee 2/24.  Referred Rules Committee.  (Support)

 Economic Development Bills

 HB 1598 (Falkner) – prohibits a redevelopment project from collecting economic activity taxes or payments in lieu of taxes from any tax whose revenues are dedicated to public safety unless the governing body of the municipality or the commission established under current law has voted to allow the redevelopment project to collect the economic activity taxes or payments in lieu of taxes of that tax.  Local Government Committee.  Heard 1/13.

 SB 735  (Koenig) – requires NIDs, CIDs and TDDs to be terminated upon completion of improvements and satisfaction of debt.    Also limits total combined sales taxes of CIDs and TDDs to 3.25% and exempts food.  Ways & Means Committee.  Heard 1/20.  Passed Committee 1/27.

 SB 874 (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.  Ways & Means Committee.  Heard 3/3.  (Oppose)

 

SB 908 (Koenig) – requires the governing body of a city or county establishing a NID, CID, TDD or TIF to submit to the State Auditor and the Department of Revenue a description of the boundaries of the district, as well as information on assessments made in the district, as described in the act.  Ways & Means Committee.  Heard 3/2.

 Election Bills

HB 1601 (Chipman) – requires a person appointed to elective public office not be delinquent in the payment of state income tax, personal property tax, municipal tax, or real property tax.  Elections Committee.  Hearing 3/9.

HB 1611 (Sassmann) – requires candidates for political subdivision or special district offices that are currently designated as nonpartisan to file an indication of their political party membership, if any, when running for office. Independents may continue to run for such local offices in the same manner.  General Laws Committee.  Heard 1/24.  The Committee was expected to vote on this bill on Monday but the vote did not occur.  (Oppose)

HB 1859 (Eggleston) – political subdivisions or special districts shall label ballot measures of any type that are submitted to a vote of the people alphabetically in the order in which they are submitted.  Elections Committee.  Heard 2/9.  Passed Committee 2/16.  Referred Rules Committee.  Passed Committee 2/24.

HB 1911 (Shaul) – political subdivisions or special districts shall label ballot measures of any type that are submitted to a vote of the people alphabetically in the order in which they are submitted.  Elections Committee.

 HB 2678 (McCreery) – allows elected officials to use campaign funds for legal fees incurred as result of official duties.   Judiciary Committee.  Heard 3/2.

HJR 91  (Eggleston) – upon voter approval the Constitutional amendment would change the process and requirements for initiative petitions seeking a Constitutional amendment.  Heard 2/1.  Passed Committee 2/9.  Referred Rules Committee.  Passed  Committee 2/16.  Perfected 2/24.  3rd Reading Calendar.  Similar to HJR 102 (Evans) Elections Committee.  Heard 1/26.

 SB 1049 (Brattin) – requires all candidates for offices in cities, towns, villages, and townships to declare a political party affiliation when filing for office.  Local Government Committee.  (Oppose)

Miscellaneous Bills

 HB 1500 (Ellebracht) – 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.

 HB 1581 (Mayhew) – provides that, for a city of the fourth classification with no more than 2,000 inhabitants, if a statute or ordinance authorizes the mayor to appoint a member of a local board or commission, any requirement that the appointed person be a resident of the city will be deemed satisfied if the person owns real property or a business in the city.

 HB 1584 (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.  Transportation Committee.  Heard 1/12.  Passed Committee 1/26.  Referred Rules Committee.  Passed Rules Committee 2/10.  Perfected 2/28.  3rd Reading Calendar.

 HB 1588 (Haden) – 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.  Local Government Committee.  Heard 1/27.  Passed Committee 2/23.  Combined with HB 1657 (see below).

 HB 1614 (Lovasco) – prohibits the state and any political subdivision of the state from making or enforcing any statute, ordinance, or rule regarding the parking of an unlicensed motor vehicle on private property if the vehicle is wholly within the property boundaries, is parked on a surface suitable for a driveway or parking area, and is not supported by any device other than its own tires unless it is being repaired for a period not to exceed 72 hours. The bill also prohibits the state and any political subdivision from making or enforcing any statute, ordinance, or rule, except for a statute, ordinance, or rule restricting air pollution or noise pollution, that would prohibit or penalize a noncorporate owner or renter of a private, single family residence from using the residence in a way that does not pose a clear and present danger to the health or safety of the neighbors, or would require a noncorporate owner or renter of a private residence to use the property in a way contrary to the wishes of the owner or renter.  Downsizing Government Committee.  Heard 3/2.

 HB 1615 (Lovasco) – authorizes a member of the General Assembly to serve as an ex officio member of a board, commission, committee, council, or other legislative or regulatory body for any type of political subdivision that overlaps his or her district. Members shall not have voting powers and shall not receive compensation for any service as an ex officio member of such entities. (Oppose)

 HB 1633 (Morse) – currently, political subdivisions that fail to submit the required annual financial statement to the State Auditor are fined $500 a day. This bill reduces the fine to an amount of not more than 10% of the total sales and use tax revenue of the fiscal year for which the annual financial statement was not filed for municipalities with fewer than 3,500 inhabitants.

 HB 1657 (Hicks) – 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.  Local Government Committee.  Heard 1/27.  Passed Committee 3/3. Referred Rules Committee.

 HB 1661 (Hicks) – adopts the “International Swimming Pool and Spa Code” as it existed on May 1, 2021 and promulgated by the International Code Council, as the county and municipal swimming pool and spa code for the state. The Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in any county or municipality that elects to regulate pools and spas. Counties and municipalities are authorized to establish procedures for the administration and enforcement of the International Swimming Pool and Spa Code, and are authorized to adopt local amendments to the Code or amendments made by the International Code Council. Economic Development Committee.  Heard 2/24.

HB 1764 (Sander) – any city or county shall have the authority to adopt regulations with respect to outdoor advertising that are more restrictive than the height, size, lighting and spacing provisions of sections 226.500 to 226.600; except that, such regulations shall not have the effect of prohibiting outdoor advertising in its entirety, unless the location proposed is adjacent to a highway designated as a scenic byway under federal law.   In locations where outdoor advertising is prohibited under federal or state law due to proximity to a scenic byway, all utilities shall be buried underground.

 HB 1837 (Gray) – prohibits 3rd & 4th 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.

 HB 2014 (Kelly) – public governmental bodies may close meetings, records, and votes to the extent they relate to recordings of communications of a public employee.

 HB 2049 (DeGroot) – clarifies definitions of public meetings and public records and closes 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 newsletter.  (Support)

 HB 2078 (Schroer) – prohibits political subdivisions from enacting ordinances more restrictive than the Federal Clean Air Act for refrigerants.

 HB 2183 (Proudie) – specifies that limited liability companies that own real property in St. Louis County must designate a contact person with the county clerk.

 HB 2209 (Hurlbert) – the state, any political subdivision thereof, and any other entity that receives public funds shall not establish, levy, maintain, or collect any fee for parking on any public street or road and shall not use any mechanical or electronic device to receive funds for such a fee including, but not limited to, on-street parking meters.  Downsizing Government Committee.

 HB 2288 (Terry) – enacts terms limits of 8 years for mayors in 4th class cities.  Changes aldermen to alders.

 HB 2437 (Smith) – limits claims brought by political subdivisions against certain entities who are parties to a statewide opioid settlement agreement.

 HB 2454 (Murphy) – provides that political subdivisions shall not enforce any ordinances struck down by a court and

that the chief executive of the political subdivision may be fined for any such enforcement.

 HB 2457 (Burnett) – repeals the state prohibition of local governments regulating paper and plastic bags.

 HB 2481 (Mackey) – in a civil action brought by the attorney general against a political subdivision including, but not limited to, school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district.

 HB 2569 (Quade) – in a civil action brought by the attorney general against a political subdivision, including school districts, the court shall award attorney’s fees, court costs, and all other expenses incurred by the political subdivision or school district in defense of any such action brought if the action is terminated in favor of the political subdivision or school district.

 HB 2593 (Lovasco) – limits political subdivisions regulations on home based businesses.  Downsizing Government Committee.  Heard 2/23.  Passed Committee 3/3. Referred Rules Committee.  (Oppose)

 HB 2712 (Reedy) – clarifies definitions of public meetings and public records and closes 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 newsletter.  (Support)

 HB 2718 (McCreery) – allows class action lawsuits to challenge sewer lateral fees.

 HB 2858 (Fishel) – prohibits political subdivisions from requiring a home inspection before the sale of residential property.

 HB 2873 (Gregory) – requires all governmental bodies to provide to the Secretary of State an email address for the custodian of records.  Also requires all elected officials to have an email address for public business.

SB 697 (Gannon) – a village, town, city, or county may prohibit dogs from running at large or further control or regulate dogs within its boundaries so long as the ordinance, order, policy, or regulation is not breed specific.  Local Government Committee.  Heard 3/2.

 SB 724 (Hegeman) – if a political subdivision’s failure to timely submit annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the political subdivision 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 for fines at the time it files its first annual financial statement after August 28, 2022, 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 uncollectable, the Director shall have the authority to make a one-time downward adjustment to any outstanding penalty.  This act provides that if a political subdivision with outstanding fines or penalties fails to file a financial statement after August 28, 2022 and before January 31, 2023 or fails to file any financial statement after January 31, 2023, the Director of Revenue shall notify the Attorney General who shall initiate the process to disincorporate the political subdivision.  Local Government Committee.  Heard 1/26.  Passed Committee 2/16.

 SB 842 (Moon) – repeals the prescription drug monitoring program.  Public Safety Committee.  (Oppose)

 SB 867 (Koenig) – establishes the statewide mechanical contractor license for mechanical contractors which 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. Political subdivisions may establish their own local mechanical contractor’s license but shall recognize a statewide mechanical contractor 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.  General Laws Committee.  Heard 3/1.

 SB 891 (Moon) – creates recall provisions for elected municipal officials.  Local Government Committee.

 SB 930 (Koenig) – a public governmental body is authorized to close records that are related to 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.  Government Accountability Committee.  Heard 3/3.  (Support)

 SB 1028 (Moon) – provides a cause of action against a public body that causes economic detriment to a person for misapplication or unequal enforcement of the law.  Judiciary Committee.

 SB 1135 (Hegeman) – bases for closing records and meetings are modified to include certain records relating to records relating to operational guidelines, policies, and plans regarding responses to critical incidents. Existing or proposed security protocols of property owned by a public body may be closed under the act. Records containing any residential address, personal phone number, or personal email address of any employee, customer, or constituent of a public body or applicant for employment or appointment to the public body may be closed. Public bodies may close records containing business or personal addresses, telephone numbers, or email addresses of elected or appointed officials, or other individuals if the public body determines that disclosure would impair the body’s ability to protect the security or safety of persons or property. The act authorizes the closure of inter-agency or intra-agency memoranda or letters that would not be available by state or federal law to a party other than an agency in litigation with the agency, provided that this exception shall not apply to records created twenty-five years or more before the date the records were requested. Also, a public governmental body is authorized to close records that are related to 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. The public body may also close records of utility usage and bill records for customers of public utilities unless the customer requests them or authorizes their release.

Currently, requests for records must be acted upon with three business days. This act changes this requirement to five business days and conditions the earliest possible date that the records will be available upon receipt of payment. If the custodian of records requests payment of a fee prior to providing the earliest date the records will be available, the public body shall consider the request fulfilled if payment is not received on or before the date requested by the public body or if the requester fails to respond within thirty days to the body’s request for payment.   (Support)

 Personnel & Employment Bills

 HB 1640 – (Seitz) – recognizes posttraumatic stress disorder  (PTSD) as an occupational disease, under Chapter 287, RSMo dealing with Workers Compensation, when diagnosed in specified first responders.

 HB 1651 (Nurrenbern) – subjects public employers to the state minimum wage law.

HB 1656 (Hicks) – specifies that no political subdivision can require its employees to reside within a jurisdiction.  Public Safety Committee.  Heard1/25.  Passed Committee 2/1.  Referred Rules Committee.  Passed Committee 2/22.

 HB 1794 (Windham) – requires all police officers in St. Louis County to be paid a minimum of $20 per hour.

 HB 1819 (Gray) – during the application or interview process for employment as a peace officer, an applicant shall disclose whether he or she has had any complaints, disciplinary actions, or internal investigations as a peace officer while employed with any other law enforcement agency. If so, he or she shall undergo a psychological evaluation prior to being hired as a peace officer to determine whether he or she can effectively work in the field of law enforcement. If, after the psychological evaluation, the applicant is found qualified, he or she shall receive additional training addressing the issue that resulted in any such complaint, disciplinary action, or internal investigation.

 HB 1825 (Gray) – all peace officer recruits shall, upon hire and every three years thereafter, attend a training program that provides community relations, diversity, sensitivity, and cultural competency training. All existing peace officers in this state shall attend a community relations, diversity, sensitivity, and cultural competency training program every three years. Such instruction shall include training through discipline, public information activity, and efficient frontline police work.

 HB 2063 (Sauls) – establishes disciplinary procedures for firefighters.

 HB 2064 (Sauls) – adds additional conditions for worker compensation claims for firefighters.

 HB 2066 (Sauls) – adds additional conditions for worker compensation claims for firefighters.

 HB 2439 (Hovis) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Crime Prevention Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.

 SB 689 (Williams) – adds additional grounds for when the Director of the Department of Public Safety shall discipline peace officers.  Public Safety Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 708 (Beck) – provides that post-traumatic stress disorder (PTSD) diagnosed in any person who is a firefighter, police officer, emergency medical technician, emergency medical dispatcher or other first responder shall be presumed as an occupational disease resulting from employment if the person has completed at least 5 years of employment and the person was examined by a medical professional upon commencing employment and the examination failed to reveal any evidence of PTSD.  Insurance Committee.

SB 728 (Onder) – establishes the “Public Employee Janus Rights Act,” permitting a public body to 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 with the written, informed consent of the public employee. The act also requires the public employee’s written, informed consent for labor organizations to use such fees or dues for political purposes. Any authorization required by this act may be in written or electronic form. Any authorization must be submitted to the public body employer before such fees may be withheld. Furthermore, the employer shall require clear and compelling evidence that the authorization was freely given. Any consent given by an employee may be revoked at any time. Failure to comply with these requirements on the part of an employer shall result in a fine of no more than $500 per violation.  General Laws Committee.

SB 854 (Washington) – the POST Commission and the Attorney General shall each create and maintain a database that shall store public data related to officer misconduct. Each law enforcement agency shall submit individual officer data which shall be redacted of personal identifying information of the officer.  Public Safety Committee.

 Public Safety Bills

 HB 1459 (Brown) – repeals Section 21.750 in which the General Assembly preempts 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.

 HB 1462 (Schnelting) – 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.  Also removes the prohibition on the carrying of firearms in churches and other places of worship by a person with a valid concealed carry permit.   General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.  Passed Committee 2/24.  Perfected 3/1.  3rd Reading Calendar.

 HB 1568 (Sharp) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

 HB 1582 (Murphy) – prohibits tampering with multiple car doors.

 HB 1660 (Hicks) – 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.  General Laws Committee.  Heard 1/31.  Passed Committee 2/7.  Referred Rules Committee.

 HB 1698 (Baker) – allows firearms in churches and other places of worship with a concealed carry permit.  General Laws Committee.  Heard 2/23.  Provisions included in HB 1462.

 HB 1731 (Barnes) – establishes the offenses of harassment of a school or recreation athletic official and entry or remaining on site of a school or recreation athletic contest after being forbidden.  (Support)

 HB 1759 (Dogan) – requires law enforcement agencies to adopt written investigation policies for officer-involved deaths.

 HB 1780 (Windham) – requires law enforcement officers to give persons under arrest forty-eight hours to arrange for their motor vehicle to be removed before authorizing a towing company to remove a motor vehicle.

 HB 1823 (Gray) – requires law enforcement agencies to adopt written investigation policies for officer-involved deaths.

 HB 1865 (Rowland) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

 HB 1912 (Schroer) – allows firearms in churches and other places of worship with a concealed carry permit.  General Laws Committee.  Heard 2/23.  Provisions included in HB 1462.

 HB 1915 (Schroer) – a person commits the offense of unlawful discharge of a firearm if that person, with criminal negligence, discharges a firearm within or into the limits of any municipality.

 HB 2154 (Perkins) – the costs of installing a fire hydrant, excluding dry fire hydrants, within the city limits of an incorporated city shall be paid by the city. If a city cannot or does not pay for the installation of such a fire hydrant, the city shall not require the installation of any such fire hydrant.  Public Safety Committee.  Heard 1/25.

 HB 2422 (Manlove) – prohibits cartoid restraints, except under certain circumstances, and provides for peace officer dismissal and license revocation based on improper use of choke-holds and carotid restraints.

 HB 2432 (Roden) – returns the control of the City of St. Louis Police Department back to the Board of Police Commissioners.

 HB 2442 (Davis) – repeals provisions that prohibit someone with a valid concealed carry permit from carrying a concealed weapon in any meeting of the governing body of a unit of local government or the General Assembly.  General Laws Committee. 

 HB 2671 (Schroer) – returns the control of the City of St. Louis Police Department back to the Board of Police Commissioners.

 HB 2857 (Wright) – establishes authority for cities to issue municipal search warrants for ordinance violations.

 SB 752 (Burlision) – repeals provisions that prohibit someone with a valid concealed carry permit from carrying a concealed weapon in any meeting of the governing body of a unit of local government or the General Assembly.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 795 (Washington) -modifies provisions relating to police use of force.  Judiciary/Criminal Jurisprudence Committee.

 SB 804 (Onder) – a person carrying a concealed firearm who possesses a valid concealed carry permit or endorsement shall not be prohibited 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. Additionally, an employee of the Bi-State Development Agency may carry a weapon into any facility or conveyance of the agency.  General Laws Committee.  Heard 1/25.  Passed Committee 3/1.

 SB 859 (Mosley) – creates police protection districts which shall be a political subdivision organized and empowered to supply protection to people and property from crimes and hazards, to render first aid for the purpose of saving lives, and to give assistance in the event of an accident or emergency. The police protection district must consist of contiguous tracts or parcels of property containing all or parts of one county and may include, in whole but not in part, any city, town, or village.  Public Safety Committee.

 SB 1012 (Eigel) – returns St. Louis City police to state control under a board of commissioners appointed by the Governor.  Public Safety Committee.

 SB 1033 (Rizzo) – repeals provisions relating to law enforcement officers who enforce certain federal laws or who provide material aid to federal law enforcement officers.  General Laws Committee.

 Taxation & Revenue Bills

 HB 1583 (Murphy) – if, prior to the expiration of a temporary levy increase, voters approve a subsequent levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase. If, prior to the expiration of a temporary levy increase, voters of a political subdivision are asked to approve an additional, permanent increase to the political subdivision’s tax rate ceiling, voters shall be submitted ballot language that clearly indicates that if the permanent levy increase is approved, the temporary levy shall be made permanent.  Ways & Means Committee.  Heard 1/12.  Passed Committee 1/19.  Referred Rules Committee.  Passed Rules Committee 2/7.

 HB 1733 (O’Donnell) – Requires auto dealers to collect and remit sales tax on motor vehicle sales.

 HB 1740 (Dogan) – prohibits telecommuting work from being subject to earnings taxes.  Workforce Development Committee.  Heard 2/7.  Passed Committee 2/14.  Referred Rules Committee.  Passed Committee 3/3.

 HB 1779 (Windham) – removes the state sales tax on any retail sales on food and imposes a tax on the transfer of every decedent’s estate in the state that has a value of at least $25,000.

 HB 1992 (Coleman) – exempts WIC foods from state and LOCAL sales taxes.  Ways & Means Committee.  Heard 2/9.  Passed Committee 2/16.  Referred Rules Committee.  Returned to W&M Committee.  (Oppose)

 HB 2214 (Hurlbert) – allows any municipality to levy up to 1/2 cent sales tax for public safety, subject to 4/7 vote.  Also allows any municipality with a fire department, municipality contracting for fire service or fire district to levy and additional 1/2 cent sales tax for fire service.  All taxes must be approved by a 4/7 vote.  The League has long opposed sales tax authority for County fire districts.  Local Government Committee.  Heard 2/24.

 HB 2220 (Falkner) – relates to penalties for failure to file annual municipal finance reports.  Penalties could include disincorporation.  Local Government Committee.  Heard 2/23.  Passed Committee 3/3.  Referred Rules Committee.

 HB 2467 (Merideth) – any political  subdivision may adopt an order, ordinance, or regulation increasing the tax levied on cigarettes and tobacco products within the boundaries of such political subdivision, subject to voter approval.

 HB 2530 (Sauls) – exempts food from local sales tax. (Oppose)

 HB 2619 (Railsback) – allows any municipality to levy a hotel tax of up to 5% per night for promoting tourism.  Subject to voter approval.  Tourism Committee.  (Support)

 HB 2729 (Davidson) – requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to 50% the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021.  Clearly violates federal law.   Local Government Committee.

 HB 2855 (Tate) – prohibits increases in the rate of property taxes in any municipality or political subdivision that defunds police.

 HJR 67 (Ellebracht) – constitutional amendment to prevent the increase of assessments of residential, real property by more than 3% in any calendar year.

 HJR 90 (Terry) – constitutional amendment to reduce property tax assessments on senior citizens and disabled persons by fifty percent.

 HJR 126 (Pietzman) – constitutional amendment to phase in property tax exemption for senior citizens.  Public Policy Committee.  (Oppose)

 SB 911 (Eigel) – for the 2022 and 2023 calendar years, this act requires each political subdivision to reduce its property tax levy such that the amount of tax revenue generated by such tax levy shall be reduced by an amount that is substantially equal to the total amount of funds received by such political subdivision pursuant to the American Rescue Plan Act of 2021 during such calendar years.  Clearly violates federal law.  Ways & Means Committee.  Heard 2/24.  Passed Committee 3/3.  (Oppose)

 SB 967 (Hough) – requires all motor vehicle dealers to apply to collect and remit sales tax on motor vehicles sold by such dealer.  Transportation Committee.  Heard 3/1.

 SJR 59 (Brattin) – replaces all property taxes with a sales tax.

 Transportation and Vehicle Bills

HB 2007 (Haffner) – currently, if a driver is charged with a moving violation and fails to dispose of the charges as ordered without good cause, the court informs the resident that it WILL instruct the Department of Revenue to suspend the defendant’s driver’s license until charges are properly disposed. Under this bill, the court will inform the defendant that it MAY instruct the Department of Revenue to suspend the defendant’s license.  Local Government Committee.  Heard 2/23.  Passed Committee 2/24.  Referred Rules Committee.

 HB 2705 (Lovasco) – prohibits the use of traffic cameras.  Downsizing Government Committee.

 SB 782 (Moon) – repeals the gas tax increase.  Transportation Committee. (Oppose)

 SB 811 (Eigel) – repeals the gas tax increase.  Transportation Committee.  (Oppose)

 SB 1149 (White) – repeals the gas tax increase.  (Oppose)

 Utility Bills

HB 2016 (Black) – allows any political subdivision of the state to form a broadband infrastructure improvement district. In addition, the board of a district may allow the inclusion of a private entity, as defined in the bill, in the district.  Broadband Committee.

HB 2353 (Riggs) – authorizes political subdivisions to form broadband infrastructure improvement districts.  Broadband Committee.

SB 1074 (Hegeman) –  no federal funds received by the state or a political subdivision shall be expended for the construction of broadband internet infrastructure unless the project to be constructed is located in an “unserved area” or “underserved area”, and the project will provide broadband internet service to customers at certain speeds as stated in the act.