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2018 MML Comprehensive Legislative Report - a complete listing of all bills  tracked by MML staff including a bill summary and current status (Updated 1/19/18). 

 


January 19, 2018

Deployment of Wireless Facilities in Municipal Rights of Way - Hearing Scheduled for HB 1991

HB 1991 limits a municipality’s ability to control the placement of wireless antennas and “adjacent” equipment on municipal rights of way. The bill gives wireless companies the right to collocate wireless facilities on municipally owned poles, facilities and traffic devices located in the right of way. The bill also establishes permitting and fee requirements. As currently written, HB 1991 could be interrupted to exempt wireless companies from some generally applied taxes and fees; such as property and gross receipts taxes.
The MML has prepared amendments to HB 1991 that address the discrepancies we see in the bill.

Status: House Utilities Committee hearing  scheduled for Wednesday, January 24 at 5:00 p.m. in House Hearing Room 5. 

Talking Points: 

  • The definition of right of way is too broad. Includes utility easement and "similar property" in the definition.
  • The bill does not protect residential areas from unsightly equipment placement.
  • Wireless companies are given preferential treatment over other right-o- way users.
  • Language in the bill is too broad and may eliminate all fees, taxes (including property ad sales taxes) that other right-of-way users pay.
  • Wireless companies receive special permit privileges under the bill.
  • The bill gives rights to not only wireless companies, but also companies building wireless infrastructure in the right of way.

Action:
Contact members of the House Utilities Committee and urge them to vote to accept MML amendments to HB 1991.

 

Senate Committee Hears Sales Tax Cap/Tax Bill

The Senate Committee on Ways and Means met on Tuesday to hear two of the tax proposals sponsored by Senators Bill Eigel (R-St. Charles) and Andrew Koenig (R-Manchester).  The bills were presented simultaneously and witnesses were given the opportunity to testify on both at the same time.  While the bills share certain things in common, such as drastically changing the state’s current tax structures and tax credit programs, they also tackle different tax issues.  For example, Senator Eigel’s bill (SB 617) attempts to decouple the MO standard deduction from the federal deduction and sets the amount of the deduction at 2016 tax year levels, while Senator Koenig’s SB 611 would place a cap on the combined rate of local sales taxes at 7.275% and allocate up to $40 million in corporate tax deductions for the Senior Services Protection Program.  Both bills attempt to increase the fuel tax, cap tax credits, repeal the timely filing allowance (although Senator Koenig’s would only repeal it on income tax and not corporate tax), and require the Department of Revenue to enter into the Streamlined Sales and Use Tax Agreement.  

 

We are told that the Chairman of the Committee will likely allow the committee to vote out some version of both bills, but he is not inclined to make changes to the tax credit programs.  The problem with removing the tax credit programs from the discussion is that the sponsors are attempting to make their bills revenue neutral.  Cutting spending on the tax credit programs is a big part of that balancing act.  Senator Eigel’s bill will likely focus on changes to the tax code, and Senator Koenig’s bill will potentially focus on MO entering into the Streamlined Sales & Use Tax Agreement. 

 

The bill sponsors are working on committee substitutes now that we should see by next week. Senator Cierpiot (R-Lee’s Summit) is working on tax proposal #3 that will be introduced soon.

 

1/12/2018

Second Week of the 2018 Legislative Session Concludes
Many of the bills that have been introduced so far this session are repeat legislation from the 2017 session. It is likely that bills from last session will receive expedited committee action. In fact both the House and Senate began committee hearings this week with bills carried over from 2017.

Committee hearings will be the main legislative activity for the next six week, with a number of bills of municipal interest being heard. League staff will reach out to municipal officials to contact their legislators on many of these important legislative measures. Watch for MML Legislative Alerts and other requests to contact your legislator. Please do not hesitate to contact League staff if you have any questions, information or concerns about any bills being consider this session. Also, let us know when you contact your legislator on a particular bill and how they responded to your contact.

Next week is a short week in Jefferson City. On Monday, state offices will be closed and the Legislature will not be in session in observance of Dr. Martin Luther King, Jr. Day. The House and Senate will convene on Tuesday at 4 p.m.

 

Municipal Bills Heard in House Election Committee
HB 1446 (Rep. Eggleston)
Sponsored by Rep. Eggleston
A carry over bill from last session, expands the existing law by allowing candidates in municipalities with populations of 2,000 or less to assume office without holding an election if the election is uncontested and the number of candidates equal the number of open positions. Current law allows municipalities with 1,000 or less persons to forego holding an election when all open seats are uncontested. This bill was voted out of the Elections Committee last year and passed in the House, but ran into opposition in the Senate. The Election Committee heard another bill that was much more contentious.

HB 1234 (Rep. Stacy)
Sponsored by Rep. Stacy
Requires elections to create and elect members of the board of directors of a transportation development district (TDD) to be held on general election days, removing primary and special election dates as an option. The bill also eliminates mail-in voting and removes the provision allowing non-resident property owners to participate in TDD elections.

 

Action Needed
The Senate Ways and Means Committee will hold a hearing on SB 611 (Senator Koenig) on Tuesday, January 16, at 2:00 p.m.

SB 611 makes a number of significant changes to current state tax statutes. Of utmost importance to municipal officials is a provision that caps local sales taxes rate at 7.275 percent (inclusive of municipal sales taxes; county sales taxes, and special districts sales taxes; such as ambulance, fire or others authorized to levy a sales tax). This is a very harmful provision that needs to be removed from the bill.


Please contact members of the Senate Ways and Means Committee as soon as possible to urge them to oppose the cap on local sales taxes and ask them to remove the provision from the bill.
Be sure to let committee members know how this local sales tax cap would affect your city and of any voter-approved bonds that would be jeopardized by imposing a local sales tax cap.

Other provisions of the bill include: personal and corporate state income tax cuts. It directs the Missouri Department of Revenue to enter into the Streamlined Sales and Use Tax Agreement with other states, and establishes caps on historic preservation and low-income tax credits.

 

Municipal Court Legislation
SB 553 (Sen. Dixon)
Sponsored by Senator Dixon
Fixes many of the municipal court problems caused by ill-conceived legislation from past sessions; SB 5 (2015) and SB 572 (2016). Senator Dixon has indicated that SB 553 is his priority bill and the Judiciary Committee will be scheduling a hearing soon. Senator Dixon is the chair of the Senate Judiciary Committee.

 

MML LEGISLATIVE ALERT -  1/11/2018

The Senate Ways and Means Committee will hold a hearing on SB 611 (Senator Koenig) on Tuesday, January 16 at 2:00 p.m.

 

SB 611 makes a number of significant changes to current state tax statutes. Of utmost importance to municipal officials is a provision that caps all local sales taxes at 7.275 percent (including municipal sales taxes; county sales taxes, and special districts sales taxes; such as ambulance, fire or others authorized to levy a sales tax).  This is a very harmful provision that needs to be removed from the bill.

 

Other provisions of the bill include: personal and corporate state income tax cuts. It directs the Missouri Department of Revenue to enter into the Streamlined Sales and Use Tax Agreement with other states, and establishes caps on historic preservation and low-income tax credits.

 

Contact your State Senator to urge their opposition to the local sales tax cap in SB 611.

 

Second Session of the 99th General Assembly Convenes

The first week of the 2018 legislative session has come and gone without too much controversy, but the House and Senate are as distinct as ever. Speaker Todd Richardson (R-Poplar Bluff) is starting his final session in the House. In his speech he talked about the many legislative accomplishments he has seen during his tenure and called on all members of the House to work together toward the common goal of doing what is best for Missourians. The House Republicans said they will focus on legislation relating to human trafficking, banning lobbyist gifts, hair braiding, tax policy, tort reform, and labor reform. House Democrats listed their top issues as education, ethics reform, restoration of the anti-discrimination laws that were modified last session, and resolving the opioid epidemic.

Senate President Pro Tem Ron Richard (R-Joplin) will also depart the Legislature after this session due to term limits. He said that the Senate will focus on regulatory reform in order to make Missouri a state that is attractive to businesses. He also said they will work on tax reform, prevailing wage, funding for in-home and nursing home services, and tax reform. He mentioned that they will proceed with caution on tax cuts because he does not want to see Missouri end up like Kansas did when they went too far in cutting taxes.

 

21st Century Transportation Task Force Releases Report

The much anticipated report of the transportation task force was released on Tuesday during a press conference at the capitol. Additional funding for state roads and bridges would come from increased user fees. If the gas tax were raised by ten cents and the diesel tax by twelve cents, the state would take in an additional $430 million annually. These increases must be approved by the voters so lawmakers are being asked to pass a resolution that places this proposal on the ballot.

 

In addition, the task force has recommended that the registration fees for hybrid and electric vehicles be doubled. They also included ideas about changing the current system by tying registration fees to fuel mileage or imposing a tax that would be charged at electric recharging stations. These ideas are in line with the concept of keeping fees tied to actual vehicle use on the roadways.

 

Other recommendations include: enabling political subdivisions to enact local construction excise taxes to be used for transportation; the use of express managed lanes in metro areas to increase highway capacity, reduce congestion, and improve travel reliability; encouraging the legislature to evaluate greater flexibility in enabling state P3 (public-private-partnerships) legislation for transportation projects; advance safety measures including legislation requiring primary seatbelt use and enforcement, enhanced distracted driving legislation (a/k/a prohibition on texting while driving for all drivers), graduated driver’s license training requirements; and eliminate or reduce the two percent timely filing discount for retailers paying the state sales tax. 

 

 

 

Important Legislative Dates:

January 2018

3 – General Assembly Convenes – Noon

10 – State of the State Address – Joint Session in House Chamber – 7:00 pm

15 – Martin Luther King Day – No Session

 

March 2018

1 – Last Day to Introduce Senate Bills

1 – Last Day to Introduce House Bills

15 – Last Day to Place Senate Consent Bills on the Senate Calendar

15 – Spring Break Begins Upon Adjournment

26 – Session Reconvenes

 

April 2018

2 – Easter Holiday – No Session

12 – Last Day to Place House Consent Bills on the Senate Calendar

May 2018
11 – Appropriations Bills Must Be “Truly Agreed to and Finally Passed”
18 – Session Ends – 6:00 p.m.
30 – Constitutional Adjournment

 

July 2018

14 – Deadline for Governor to Sign or Veto Legislation

August 2018
7 – Primary Election
28 – Effective Date of Most Bills (unless otherwise specified)


Key Legislative Contact Information

 

 


Key Legislative Contact Information

House Leadership                    Senate Leadership           

House Committees                  Senate Committees

House Members                       Senate Members

Key Legislative Contact Information

House Leadership                    Senate Leadership           

House Committees                  Senate Committees

House Members                       Senate Members

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