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New legislation of municipal interest

Updated: Jun 12, 2019

The General Assembly passed several bills impacting Missouri municipalities this session, including (but not limited to) the following:

Increase to Motor Fuel Tax (HB 1460)

  • Increases motor fuel tax from 17 cents to 27 cents over the course of 4 years in increments of 2.5 cents.

  • NOTE: a lawsuit has been filed challenging this bill.

“Small Cell” Wireless Bill (HB 1991)

  • Expands preemption of zoning for collocations even to “immediately adjacent” area to wireless support structures or utility poles.

  • Allows collocation of small wireless facilities (up to 24 + 6 = 34 cubic feet, and up to 50 feet high) AS OF RIGHT in all zoning districts except Single-Family Residential.

  • Allows replacement of certain poles for collocation of small wireless facilities without zoning review or approval.

  • Mandates a guarantee of a small wireless facility location for at least 10 years.

  • Limits application fees to $100/small wireless facility, $500/small wireless facility if such facility requires a modified or replacement utility pole, and an annual fee of $150/small wireless facility thereafter.

  • Within 2 months after the law becomes effective requires that an ordinance be passed or agreement developed to offer terms, rates, and fees outlined in the law for the collocation of small cell wireless facilities that complies with the Act.

If you have questions or concerns regarding the implementation of the Small Cell Bill or protecting your authority, please consult your City Attorney or CVR immediately.

Modifying Notice Requirements for Nuisances and Minor Traffic Violations (HB 2562)

  • Changes the requirements for notice regarding nuisances to only require notice to be provided to a property owner, not both the property owner and occupant of the property in question.

  • Any notice to appear, citation, or summons on a minor traffic violation, the date and time the defendant is to appear in court shall be given when such notice to appear, citation, or summons is first provided to the defendant. Failure to provide such date and time shall render such notice to appear, citation, or summons void.

Changes to Sales and Use Tax Exemptions for Telecommunications Services (SB 768)

  • For the purposes of sales and use tax exemptions “product” now includes telecommunications services and “manufacturing” includes production, or production and transmission, of telecommunications service. Abrogates IBM Corp v. Director of Revenue to extent inconsistent with Southwestern Bell Tel. Co. v. Director of Revenue I & II. It is likely this will result in a decline in taxes paid by telecommunications providers.

Municipal Employees Entitled to Additional Whistleblower Protections (SB 1007 )

  • Expands current whistleblower protections to employees of any unit or political subdivision of the state; broadens who an employee may relay information to, including prosecuting and circuit attorneys, law enforcement agencies, news media, and the public.

The following laws are not yet signed by the Governor. These will become effective August 28, 2018 unless vetoed:

Changes to Prevailing Wage Law (HB 1729)

  • Exempts projects of $75,000 or less

  • The prevailing wage will be determined for occupations where at least 1,000 hours have been reported to the Missouri Department of Labor Standards from projects occurring in the county where the prevailing request is located;

  • If 1,000 hours have not been reported for an occupation, then the prevailing wage will be determined by using 120 percent of the average minimum wage for an occupation as determined by the Missouri Department of Economic Development.

Modifying Certain Provisions of the Election Laws (SB 592)

  • Changes deadlines for late notice regarding candidates or questions from 6 Tuesdays to 8 Tuesdays before the election;

  • Current law prohibits placement of a candidate or question on the ballot less than 6 Tuesdays prior, changed to 8 Tuesdays prior.

Motor Vehicle Sales Tax Vote Extension (SB 773)

  • Extends date by which local taxing jurisdiction must place a question on ballot regarding repeal of the local sales tax on motor vehicles & trailers purchased from out of state dealers from Nov. 2018 to Nov. 2022.

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