No. 283

August 2009

EMINENT DOMAIN PROPOSALS … The Missouri Citizens for Property Rights (CPR), the group pushing two initiatives to amend the Missouri Constitution to nullify nuisance abatement laws and procedures to redevelop blighted areas with eminent domain, is urging their members to contact city officials to tell them to stop using public funds to delay or fight these proposals. Please be advised that all the efforts to fight these proposals are financed by the private sector; not one penny of “taxpayers money” or MML funds have ever been used. Our coalition of business groups has been successful in the courts, and our opponents seem to be growing desperate. Our lawsuit simply seeks a more accurate ballot summary and fiscal notes on these proposals. If successful, these proposals would hinder the ability to fight blight and decay in our cities through the use of eminent domain to redevelop blighted areas or to effectively use nuisance abatement ordinances, and that is why the MML opposes them. CPR also falsely claims that we are seeking to delay the petitions; in fact we have asked the court to expedite the lawsuit. Please contact League headquarters if you have any questions on this issue.

AT&T LANDLINE SETTLEMENT DOCUMENTS … The AT&T landline lawsuit settlement requires each municipality that is eligible for a payment for back taxes to adopt an ordinance approving the settlement agreement and mail it by September 15, 2009. You may find a model ordinance along with additional information about the settlement, on the MML Web site at www.mocities.com.

AT&T LANDLINE SETTLEMENT: MML CONTRIBUTION … The recent AT&T landline settlement  agreement (which will provide almost $50 million in back taxes and additional future revenues to municipalities served by AT&T) included an option for cities outside of St. Louis County to contribute up to 5 percent of the settlement amount to the MML advocacy fund. The MML Board was not aware of this provision; and we do not encourage cities to contribute because the advocacy fund is adequate. However, the MML Board will consider a dues increase for next year (the first since 1993!), and we do not want to confuse these issues or to be thought of as “double dipping.” So, please retain the landline settlement revenue, but be prepared for a slight dues increase next year.

GOVERNOR VETOES PROPERTY TAX RATE FIX … Governor Jay Nixon has vetoed H.B. 148, the bill to fix a provision in the 2008 property tax rollback after reassessment law. As a result of the veto, many political subdivisions will be required to further reduce tax rates after the 2009 property reassessment. The Governor’s veto message incorrectly states that H.B. 148 would allow political subdivisions to raise taxes without a vote of the people. The veto will negatively impact many political subdivisions.

GOVERNOR NIXON VETOES HELMET BILL … Governor Jay Nixon vetoed a bill that would have allowed motorcycle riders to ride without helmets on state highways (except interstates) and on city streets. The bill would have nullified local ordinances to require helmets. The MML Board of Directors voted unanimously to urge the Governor to veto the bill because it would have overturned local ordinances.

REMINDER TO READOPT ANNUAL FINANCIAL DISCLOSURE ORDINANCES … When the General Assembly adopted the ethics/personal financial disclosure law in 1991, an MML supported amendment allowed municipal officials to adopt their own simplified personal financial disclosure requirements by ordinance. This law affects only municipalities with an annual operating budget in excess of $1 million. The General Assembly requires each political subdivision to readopt the ordinance every two years. However, in order to avoid the significant consequences of the failure to readopt the ordinance, we urge each municipality with an annual operating budget over $1 million to adopt the personal financial disclosure ordinance by September 15, 2009 and forward a copy of the ordinance to the Missouri Ethics Commission, PO Box 1370, Jefferson City, MO 65102.

AG SEMINAR ON ETHICS IN GOVERNMENT … Attorney General Koster will sponsor a free, one-day seminar on ethics on Friday, August 14 at the Truman State Office Building in Jefferson City. Topics will include: nepotism and conflicts of interest, Hancock Amendment, Sunshine Law, employment issues, and unauthorized aliens. Please RSVP to cindy.lowry@ago.mo.gov or 573-751-8828 to ensure adequate materials.

COMMERCE BANKS REFUSE TO PAY CITY TAXES … Commerce Banks have decided to no longer pay municipal business licenses. They claim that they can only be “regulated” by the federal government and therefore cannot be taxed at the local level. These bank executives do not seem to realize that municipal business licenses are a mere pittance compared to the profits they make on city deposits.

SALES TAX REVENUE DECLINES … The Missouri Department of Revenue reports that statewide sales tax revenue declined 5.8 percent during the fiscal year completed on July 1.

MINIMUM WAGE INCREASE … The federal minimum wage increased to $7.25 per hour on July 24.

CITY ENACTS METH PRECURSOR ORDINANCE … The city of Washington, Mo., recently enacted an ordinance making it unlawful to sell, deliver or distribute ephedrine, pseudoephedrine, or similar medications without a prescription. The law was the result of the City working with local pharmacists to target the process of meth production. The ACLU has indicated that they may challenge the law because the new ordinance may conflict with state and federal law. The Washington ordinance is available on the MML Web site.

MML COLLEGE SCHOLARSHIP AWARDED … The Missouri Municipal League College Scholarship Committee recently announced the recipients of the MML College Scholarship program. Applicants from each of the following cities will receive a scholarship to assist in furthering their education: Kennett, Aurora, Des Peres, and University City. Congratulations to all of our scholarship recipients.

HOWARD PAPERNER RECEIVES CZECH AWARD … Howard Paperner, city attorney for Maryland Heights and Winchester, received the Missouri Municipal Attorneys Association’s annual Lou Czech Award for outstanding contributions to municipal law. Congratulations, Howard!

NEW MMAA OFFICERS … The Missouri Municipal Attorneys Association recently elected the following new officers: President, City Attorney Chris Williams of Oak Grove; Vice President, City Attorney John Mulligan of University City; and Treasurer, City Attorney Dan Wichmer of Springfield.

MISSOURI CITIES RANKED AS BEST PLACES … CNN/Money Magazine ranks cities under 50,000 population as best places to live. They measure employment, crime, affordable housing, recreation, and schools. Four Missouri municipalities were ranked: Lake St. Louis (9), Ellisville (25), Liberty (29), and Jackson (59).