Open Meetings Law  S.B. 1020 (Steelman) would increase the penalty and lower the burden of proof for violating the law from the current fine of up to $500 for a "purposeful violation" to a minimum fine of $50 to a maximum of $1,000 for a "negligent" violation. The maximum charge for duplication would be five cents per page and research time would be at no charge for the first hour and thereafter at the hourly rate of the lowest paid employee in the department. The final slate of candidates for chief administrative officer would be a public record. The bill would be a serious disincentive for citizens to serve on boards and commissions and for qualified applicants to apply for administrative positions.

Collection Of Delinquent Water And Sewer Bills  S.B. 801 (Gross) and H.B. 1048 (Goodman) Repeals the state law that permits municipalities to hold the property owner and renter jointly liable for water and sewer bills. If the bills are delinquent, the city may sue only the renter (who, of course, is long gone). Cities will have to increase user fees on all customers to compensate for the increase in uncollectible accounts. Cities could not require a master meter on apartment buildings; each apartment would need a separate water meter. In the House Bill, cities would be required to notify the owner, as well as the renter, before terminating service for non-payment.

Police Officer Discipline Hearings  H.B. 917 (Brown) and S.B. 1041 (Griesheimer) Requires a formal hearing for any police officer who is disciplined in any city regardless of size. When the state requires a hearing, the State Administrative Hearing Act is triggered (Chapter 536) requiring attorneys, transcripts and right to appeal to circuit courts. The police unions are pushing hard for these bills.

Tax Increment Financing  Many bills have been introduced to restrict tax increment financing and make it less attractive as a financing mechanism. Also, H.B. 1085 (Townley) prohibits municipalities from using condemnation for private development purposes.

Clearly, we will have our work cut out for us to persuade these legislators to concentrate on state issues and leave local issues to the locally elected officials.

MML LEGISLATIVE CONFERENCE- LAST REMINDER  We hope you plan to attend the MML Legislative Conference on February 25-26 at the Jefferson City Capitol Plaza. Featured speakers include Attorney General Jay Nixon and Governor Robert Holden (invited). Registration material already has been mailed to each municipality, but additional registration forms are available from League headquarters or on the MML Web site. Rooms are available at the Holiday Inn Express (573-634-4040) and Fairfield Inn (573-761-0400). We look forward to seeing you in Jefferson City with a large delegation from your municipality.

BILLS OF SIGNIFICANT MUNICIPAL INTEREST

H.B. 771   HOMESTEAD PROPERTY TAX EXEMPTION  (Green) Similar to H.B. 806 reported in this Bulletin. (Opposed by MML Policy)

H.B. 775   TAX INCREMENT FINANCING  (Johnson 47) Limits the use of tax increment financing to 25 percent of redevelopment costs of a retail project. Prohibits the use of TIF if 25 percent of project area is undeveloped land.

H.B. 779   PRIVATIZATION CONTRACTS  (Lowe) Ten pages of procedural hurdles that a local government must overcome before entering into a contract to privatize a municipal service. (Opposed by MML Policy)

H.B. 785   FIREFIGHTERS CAMPAIGNING  (Walton) Firefighters would be prohibited from campaigning while on duty or in uniform.

H.B. 805   SALES TAX EXEMPTION: MOTOR VEHICLES  (Selby) Exempts from state and local sales taxes all sales of motor vehicles and watercraft assembled in Missouri. (Opposed by MML Policy)

H.B. 806   HOMESTEAD PROPERTY TAX EXEMPTION  (Selby) Would freeze residential property tax paid by owner over age 62. State would reimburse local governments through the appropriations process. (Opposed by MML Policy)

H.B. 842   PLUMBER AND ELECTRICIAN LICENSES  (Angst) Any municipality in a third class county could, by ordinance, license electricians and plumbers even if they are licensed in another jurisdiction.

H.B. 856   SALES TAX FOR SCHOOL DISTRICTS (Holand) Allows any school district to impose a sales tax of up to one cent, if approved by vote of the people. (Opposed by MML Policy)

H.B. 870   OPEN MEETING LAW (Harris 23) Expands open meeting law to cover conference calls and Internet messages.

H.B. 913   INITIATIVE AND REFERENDUM: FOURTH CLASS CITIES (Davis 19) Provides initiative and referendum in all fourth class cities.

H.B. 917   POLICE OFFICER DISCIPLINARY HEARINGS (Brown) Provides a formal hearing for any police officer who is disciplined in any city regardless of size. Formal hearing would include attorneys, transcripts and right to appeal to the circuit courts. (Opposed by MML Policy)

H.B. 932   WATER AND SEWER BOND FUND (Bivens) Authorizes $40 million in bonds to finance local water, sewer and stormwater projects. (Supported by MML Policy)

H.B. 958   COUNTY ASSESSMENT FUND (Crawford) Same as S.B. 875 reported in this Bulletin.

H.B. 997   HOMESTEAD PROPERTY TAX EXEMPTION (Muckler) Same as H.B. 806 reported in this Bulletin.

H.B. 1047 COUNCIL SALARIES: 3RD CLASS COUNCIL-MANAGER CITIES (Guest) Allows the city council in third class council-manager cities to set council salaries. Current state law sets salaries at $100 per year.

H.B. 1058 COLLECTION OF DELINQUENT WATER AND SEWER BILLS (Goodman) Same as S.B. 801 reported in this Bulletin. (Opposed by MML Policy)

H.B. 1067 COLLECTION OF TRAFFIC FINES (Skaggs) Allows cities to place outstanding traffic violations on the personal property tax bill.

H.B. 1085 CONDEMNATION FOR ECONOMIC DEVELOPMENT (Townley) Prohibits the use of condemnation for private development purposes. The bill would preclude the aggregation of parcels for economic development if one owner objected. (Opposed by MML Policy)

H.J.R. 31  TOLL ROADS  (Harris 23) Would allow MoDOT to build and operate toll roads.

S.B. 730    HOMESTEAD PROPERTY TAX EXEMPTION  (Gross) Limits growth in assessed value of property owned by persons over age 65 with income less than $50,000. The state would reimburse political subdivisions for lost revenue. If the state fails to appropriate funds, the homestead exemption would not be applied for that year.

S.B. 794    SALES TAX EXEMPTION: FITNESS CENTERS  (Jacob) Provides a state and local sales tax exemption for fees and dues paid to health and fitness centers. (Opposed by MML Policy)

S.B. 801    COLLECTION OF DELINQUENT WATER AND SEWER BILLS  (Gross) Repeals the state law that permits municipalities to hold the property owner and renter jointly liable for water and sewer bills. If the bills are delinquent, the city may sue only the renter (who, of course, is long gone). Cities will have to increase user fees on all customers to compensate for the increase in uncollectible accounts. Cities could not require a master meter on apartment buildings; each apartment would need a separate water meter. (Opposed by MML Policy)

S.B. 829    PUBLIC EMPLOYEE DUE PROCESS ACT (Bray) Any city employee who is disciplined has a right to a formal hearing before a state hearing officer. The city will pay costs of transcript, hearing officer’s fees and other expenses. The city has burden of proving "just cause" to discipline employee. The hearing officer’s decision could be appealed to the courts. (Opposed by MML Policy)

S.B. 830    STREAMLINED SALES TAX AGREEMENT  (Bray) Seeks to simplify sales tax collections as first step in persuading Congress to enact law requiring Internet and catalog venders to collect state and local use taxes. City sales taxes would be based on where the item is delivered, rather than where item is sold.

S.B. 843    PREVAILING WAGE LAW  (Childers) Allows any political subdivision in a third class county to exempt itself from the prevailing wage law if approved by a vote of the people.

S.B. 875    COUNTY ASSESSMENT FUND  (Caskey) Cities would pay two percent of property tax revenue to the county assessor for assessment purposes. (Opposed by MML Policy)

S.B. 877    CONDEMNATION: VILLAGES  (Goode) Allows villages in St. Louis County to condemn property for public purposes. (Supported by MML Policy)

S.B. 889    OPEN MEETINGS LAW  (Goode) Makes numerous, minor changes in the open meetings law.

S.B. 893    TAX INCREMENT FINANCING  (Goode) Imposes additional restrictions and procedures on the use of tax increment financing, especially for retail projects. (Opposed by MML Policy)

S.B. 909    FINES IN MUNICIPAL COURT  (Bartle) Increases the maximum fine in municipal court to $1,000 from the current maximum of $500 that was set in 1970. (Supported by MML Policy)

S.B. 927    PROPERTY REASSESSMENT  (Louden) Real property would not be reassessed until the property is transferred to a new owner. (Opposed by MML Policy)

S.B. 951    INTERGOVERNMENTAL CONTRACTS  (Griesheimer) Removes requirement that all intergovernmental contracts be filed with the county recorder and the secretary of state. (Supported by MML Policy)

S.B. 957    MUNICIPAL TORT LIABILITY  (Scott) Exempts public entities from "joint and several liability," the doctrine that requires public entities to pay all damages when they are only partly responsible for the damages. (Supported by MML Policy)

S.B. 960    PROPERTY TAX REASSESSMENT  (Gibbons) Changes the procedures to set the annual property tax rate.

S.B. 1008  TAX INCREMENT FINANCING  (Goode) Makes numerous changes and restrictions in the tax increment financing law. (Opposed by MLL Policy)

S.B. 1014 POLICE RESIDENCY: ST. LOUIS (Yeckel) Prohibits the city of St. Louis from having a residency requirement for police officers. (Opposed by MML Policy)

S.B. 1020  OPEN MEETINGS LAW (Steelman and Kinder) Penalty for a "negligent" violation of the open meetings law would be minimum of $50 and maximum of $1,000, plus attorneys’ fees. The current penalty is up to $500 for "purposeful" violation. The maximum charge for duplicating documents would be five cents per page and one free hour of research time and then the maximum hourly charge would be at the rate of the lowest paid employee in the department. The final state of candidates for chief administrative officer would be public record. Many other equally absurd provisions. (Opposed by MML Policy)

S.B. 1041  POLICE OFFICER DISCIPLINARY HEARINGS (Griesheimer) Same as H.B. 917 reported in this Bulletin. (Opposed by MML Policy)

S.J.R. 25   PUBLIC AID TO RELIGION  (Yeckel) Would remove the constitutional prohibition on granting public funds to aid religious groups.