UP MACK S CREEK SB 5 AND OTHER FUN NEW LEGISLATION

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1 UP MACK S CREEK SB 5 AND OTHER FUN NEW LEGISLATION Missouri Municipal League September 22, 2015 Kenneth J. Heinz Stephanie E. Karr Kevin M. O Keefe

2 a brief election law update But First House Bill 63 (passed over veto) Sections to shall not apply to candidates for special district offices; township offices in township organization counties; or city, town, and village offices. 2

3 Senate Bill 104 Enacts same Sec as HB 63 Enacts Sec NO candidacy if convicted of federal felony or misdemeanor or state felony (and repeals same in Sec ) 3

4 FELONS NEED NOT APPLY I 4

5 Senate Bill 104 Enacts same Sec as HB 63 Enacts Sec NO candidacy if convicted of federal felony or misdemeanor or state felony (and repeals same in Sec ) Candidate disqualified if delinquent in payment of specified taxes (But does NOT include disqualification for user fees as in prior Sec ) Specifies affidavit candidate required to file with the declaration of candidacy required under section

6 SB 104 ENFORCEMENT DOR responsible for investigation and enforcement Time frames unworkable for April election cycle And besides, does any municipal candidate file a declaration of candidacy required under section ? 6

7 But: Can another candidate file suit to remove tax delinquent regardless of DOR action or inaction on grounds that new says delinquents are shall be disqualified from participation in the election? MAYBE. I 7

8 and some other new stuff SB 20 (passed over veto) exempts energy and chemicals, etc. used by large commercial and industrial laundries from sales and use taxes. HB 722 (passed over veto) prohibits cities from banning plastic bags or adopting municipal minimum wage or employee benefit requirements. SB 87 Petitions for audits must be submitted by resident or property owner. Must be filed within a year of starting. And signatures can be withdrawn within ten days of filing petition. I 8

9 SB 445 changes to solid waste district laws SB 149 tax exemptions for data storage centers HB 384 tax policy study commission HBs 517 & 754 sales tax holiday changes for calculators and computers SB 12 revisions to Urban Agricultural Zones I 9

10 chgolaw.com 10

11 Minor Traffic Violations Defined 11

12 Minor Traffic Violations Defined No accident or injury involved Not while operating commercial vehicle No more than four points from DOR Not speeding by more than 19 mph over limit or in construction or school zone Presumably a traffic violation for which DOR can assess at least one point see RSMo chgolaw.com 12

13 Minor Traffic Violations 13

14 Minor Traffic Violations Fine and costs cannot exceed $300 No sentence of confinement unless involves alcohol, controlled substance, danger to others, eluding or lying to police No confinement for failure to pay fine unless violation of probation Must assess court costs unless indigent defendant or case dismissed No suspension of driver s license under for failure to dispose of charges by TVB, failure to appear in court, or failure to pay fines and costs for good cause No FTA charge for minor traffic violation chgolaw.com 14

15 New Mack s Creek Limits Effective 1/1/16 or start of next fiscal year, if later: 20% of general operating revenue 12.5% (in St. Louis County) 15

16 New calculation method as well Numerator now consists of fines, bond forfeitures and court costs from minor traffic violations, including amended charges Court costs do not include amounts collected for others Denominator now annual general operating revenue revenue that can be used to pay any bill or obligation (i.e. general sales, use, and property taxes, license and permit fees, unrestricted user fees, fines, court costs, bond forfeiture and penalties) No specific purpose revenues (i.e. designated sales or use taxes, restricted user fees, grants, crime data expenditures) in the general operating revenue denominator 16

17 COMPLIANCE PROCESS Include certified addendum with annual report to state auditor Auditor to provide rules reasonable opportunity for demonstration of compliance without unduly burdensome calculations Start IMMEDIATELY to track all minor traffic violation fines, costs and bond forfeitures throughout entire process: ticket issuance, disposition, collection and closure 17

18 PENALTIES Total failure to file report with state auditor = must cease all payments to elected officials Failure to file addendum(s) or remit excess funds, And DOR sends notice, And fail to seek court review within 30 days (paying disputed funds into court) or correct within 60 days And fail to correct within 5 days of final DOR notice 18

19 Then circuit court shall require certification of all pending muny court cases until compliance All fines, costs and forfeitures to schools through DOR until compliance Loss of sales taxes until compliance And if failed to remit any excess revenues, must hold disincorporation election on next general election day 60% vote results in disincorporation 19

20 Additional Court Reforms No detention to coerce payment of fines and costs 20

21 Additional Court Reforms No detention to coerce payment of fines and costs Must evaluate indigence when determining fines and costs and related payment requires 21

22 Additional Court Reforms No detention to coerce payment of fines and costs Must evaluate indigence when determining fines and costs and related payment requires Only assess fines and costs as authorized by law Must conduct open court proceedings 22

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24 Additional Court Reforms No detention to coerce payment of fines and costs Must evaluate indigence when determining fines and costs and related payment requires Only assess fines and costs as authorized by law Must conduct open court proceedings Must use alternative payment arrangements 24

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26 Additional Court Reforms No detention to coerce payment of fines and costs Must evaluate indigence when determining fines and costs and related payment requires Only assess fines and costs as authorized by law Must conduct open court proceedings Must use alternative payment arrangements Must use electronic payment system or payment by mail for minor traffic matters New rules from Missouri Supreme Court on court operations and on service of judges, prosecutors and defense counsel 26

27 Demonstrating Compliance with Additional Court Reforms Municipal judge must provide certification of compliance with each annual report to state auditor under Auditor to issue rules DO NOT WAIT TO IMPLEMENT REFORMS ARGUABLY THE NEXT REPORT TO AUDITOR MUST INCLUDE CONFIRMATION OF COMPLIANCE DURING PRECEDING FISCAL YEAR (I.E. RIGHT NOW) 27

28 St. LOUIS COUNTY (only) MUNICIPAL GOVERNANCE REFORMS By August 28, 2018, cities in St. Louis County must adequately and materially provide: (1) A balanced annual budget listing anticipated revenues and expenditures as (already) required in section This (still) means a complete financial plan, with: Budget message Estimated itemized revenues compared to the two prior years Proposed itemized expenditures compared to two prior years Required payments of interest, amortization and redemption of debt General budget summary chgolaw.com 28

29 (2) An annual audit by CPA including report on internal controls prepared by qualified financial consultant implemented to prevent misuse of public funds, with procedures showing compliance with or reasonable exceptions to such controls (3) Cash management and accounting system for all revenues and expenditures (4) adequate levels of insurance to minimize risk for general liability endorsed for (any) emergency medical/paramedics and (any) police liability, and worker s compensation and bonds of officials chgolaw.com 29

30 (5) Public access to complete set of ordinances within 10 days of written request online version sufficient as to codified ordinances (7) (9) written policies for safe operation of emergency vehicles police pursuits use of force by peace officers general orders for your police department chgolaw.com 30

31 (10) Written policies for collecting and reporting crime and police stop data as required by law, forwarded to Attorney General racial profiling policies and reports Uniform Crime Report exchange (11) Construction code review by staff or contracting agency Wait, what happened to item 6? chgolaw.com 31

32 By August 28, 2021, cities in St. Louis County must adequately and materially provide (6) accredited/certified police department (your own or by contract) CALEA or Mo Police Chiefs Assn initial multi year, costly process renewals, more expense chgolaw.com 32

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SENATE BILL NO. 5 98TH GENERAL ASSEMBLY 2015 AN ACT

SENATE BILL NO. 5 98TH GENERAL ASSEMBLY 2015 AN ACT FIRST REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 5 98TH