#278

February 2009

MML LEGISLATIVE CONFERENCE … We hope you plan to attend the MML Legislative Conference on February 18-19 at the Jefferson City Capitol Plaza Hotel. Featured speakers include: Senate President Pro Tem Charles Shields (invited), Governor Jay Nixon (invited), Attorney General Chris Koster (invited), and House Speaker Ron Richard (invited). Registration material has already been mailed to each municipality, but additional registration forms are available from League headquarters or on the MML Web site. Rooms also are available at Truman Hotel (573-635-7171). We look forward to seeing you in Jefferson City with a large delegation from your municipality.

CRUCIAL NOTICE: CITIES IN CHARTER COUNTIES … S.B. 711, passed last year, requires each political subdivision to provide the county with an estimated property tax rate by April 8 of each year (after the county provides data on assessed valuation). Failure to do so results in a mandatory 20 percent reduction in the tax rate. This provision takes effect in the four charter counties in 2009 and in the other counties in 2011.

MISSOURI IMMIGRATION LAW REQUIRES AFFIDAVITS … After January 1, 2009, New Missouri Immigration Law requires affidavits.  Section 285.530.2 RSMo requires a political subdivision as a condition of a contract or grant in excess of $5,000 awarded after January 1, 2009, to require the business entity to affirm by sworn affidavit and provision of documentation that the business entity has enrolled and participated in a federal work authorization program with respect to its employees who work in connection with the contracted services and to sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contract.  You should include in your bid specifications and contract a statement that an affidavit will be required as a condition of the contract prior to or at the time of execution that the company has such a program, has provided documentation for the program, and that it will not employ unauthorized aliens in connection with the work. Note: You may obtain a model affidavit from MML headquarters or MML Web site.

EMINENT DOMAIN RETURNS … Once again, the Calzone group has submitted the paperwork for a new petition effort for two constitutional amendments: 1) to prohibit eminent domain in redeveloping blighted areas and 2) to require a court determination that a nuisance exists before the municipality can abate it (which would require significant legal fees and long delays in removing any nuisance).

     The proposed amendments would deprive Missouri of key incentives available to other states to attract new development, including redevelopment projects and new utility and infrastructure projects. The limitations imposed by these amendments will retard the elimination of blighted area and the construction of new public improvements, curtail potential new jobs in construction and infrastructure, and hamstring municipalities’ ability to increase their tax revenues through redevelopment and other public projects. The proposed amendments would severely restrict economic development in this State at a time when economic development is already suffering from the dramatic blows of the 2008 financial markets.

     The MML has joined a coalition of private sector groups to file a lawsuit to prevent these two proposals from appearing on the 2010 ballot. In 2006 and 2008, the petitioners failed to gather sufficient petitions to place these issues on the ballot.

HANDOUTS AVAILABLE FROM PERSONNEL LAW WORKSHOPS … Last month, the MML and attorney Ivan Schraeder held a series of personnel law workshops on the topics of the Missouri Immigration Law, the new amendments to the Family Leave Act, and the Americans with Disabilities Act. Almost 300 officials attended the workshops. Copies of Ivan Schraeder’s handouts are available on the MML Web site at www.mocities.com.

BALLARD PUBLICATIONS AVAILABLE ONLINE … Many municipal officials will remember John Ballard who worked for the University of Missouri Extension as a local government specialist for 21 years. During his tenure with MU Extension, he earned statewide recognition for his knowledge of state, city, and county politics. After he retired in 1992, he continued to play an active role in Missouri government by operating a private consulting firm – Governmental Services. Many of his publications are now available for free through Missouri University Extension, including “The Rules for 4th Class Missouri Cities.” Another manual for villages is forthcoming. A link to the Web site can be found on the MML Web site under “Publications.”

TAXATION AND REVENUE TECHNICAL BULLETIN … The newest edition of the League’s technical bulletin on Taxation and Revenue is now available. The Bulletin combines data sets from DOR, the State Auditor’s Office, St. Louis County Municipal League, and the recent MML survey on taxation. Readers will find analysis of current trends in revenue source as well as comprehensive tabulation of the sales tax, property tax, motor fuel funds, and other important municipal revenue sources. The bulletin is available on the League’s Web site under “Publications.” Paper copies may be requested from League headquarters.

MODEL “GREEN SALES TAX HOLIDAY” ORDINANCE … Attorney Kevin O’Keefe has prepared a model ordinance to opt in to the state green sales tax holiday on energy efficient appliances between April 19-25, 2009. If you do not want your city sales taxes to be collected on these appliances, you must pass the ordinance and send a copy to the Dept. of Revenue by March 5. If you want the city sales taxes to be collected or if you do not have any appliance stores within the city, you do not have to do anything. You may obtain a copy of the ordinance from League headquarters or the MML Web site.

MOTORIZED ALTERNATIVE VEHICLES ON CITY STREETS … The city of Cuba has adopted an ordinance to allow motorized alternative vehicles (such as golf carts or motorized wheel chairs) to operate on city streets if they follow certain safety procedures. You may obtain a copy of the ordinance from League headquarters or the MML Web site.

NEW SAFETY REQUIREMENT FOR PUBLIC POOLS … The Virginia Graeme Baker Pool and Spa Safety Act sets stringent safety standards for pool drains to prevent suction entrapment. The new law mandates that public pools and spas may not open for use until compliant with the safety requirements. Many municipal pools will need to have their drains retrofitted. More information is available on the Missouri Park and Recreation Web site at www.moparks.org.

MOCCFOA TO SPONSOR SPRING INSTITUTE … The Missouri City Clerks and Finance Officers Association will hold its annual Spring Institute on March 9-12, 2009, at the Lodge of Four Seasons in Lake Ozark, Mo. This annual meeting provides a variety of educational opportunities that address many of the aspects of the city clerk’s position. Those attending the seminar will be provided handouts of the sessions and other informative and educational material that may be shared with other city officials. Registration information is available on the MML Web site under “Events.”

FORMER STATE REP. TODD SMITH JOINS MML LOBBY STAFF … The MML has contracted with former State Representative Todd Smith to assist in our lobby efforts. Todd has served on the House Local Government Committee and on the Governor’s Local Government Cooperation Commission. Most recently, he served as director of the Missouri Department of Labor. He is well respected in the Capitol and familiar with most of our issues.