# 276

November 2008

BUSINESS LICENSES: PROOF OF NO STATE TAXES DUE … Effective January 1, 2009, the renewal of each business license must include a statement from the Missouri Department of Revenue (DOR) that the applicant does not owe any state sales or income taxes. DOR is developing a Web-based, no-tax-due inquiry system for use by either the applicant or the city. To enroll, the user must complete a form 4379A which is available on the DOR Web site (www.dor.mo.gov). The intent is to ensure that all sales and income taxes are current before the applicant receives a business license.

NOVEMBER ELECTION RESULTS … In November, two municipal officials, Northwoods Alderman Sharon Pace and Webster Groves Councilmember Jeanne Kirkton, were elected to the Missouri House of Representatives and Glendale Alderman Eric Schmidt was elected to the Senate. The city of Belton adopted a city charter. Special purpose sales taxes passed in Iberia (transportation), Liberty (transportation), North Kansas City (transportation) and Shelbina (parks). Voters defeated sales tax proposals in Warrenton (parks) and Wildwood (parks). Voters in Black Jack approved a new 7 percent gross receipts tax on utilities including telecommunications.

F.T.C. DELAYS “RED FLAG” RULE … The Federal Trade Commission has delayed until May 1, 2009, enforcement of the “red flag” rule to prevent identity theft. Sample policies and other information are available on the MML Web site at www.mocities.com.

IMMIGRATION UPDATE … H.B. 1549 regarding illegal immigration mandates public employers use an employment verification process known as “E-Verify.” The federal program uses a computerized system to check the immigration status of newly hired personnel against the Social Security Administration database. As of January 1, 2009, all public employers in Missouri shall use “E-Verify” to confirm new employees are in the United States, legally. To start the online registration please visit the following Web site: https://www.vis-dhs.com/EmployerRegistration. For questions regarding the E-Verify system, please call 1-888-464-4218. Please keep in mind this does not replace the current I-9 form process. I-9 forms shall be kept by the municipality for three years beyond the employee’s departure from municipal employment, while proof of employment verification (through E-Verify) should be kept indefinitely.

REGIONAL STATE BUDGET SUMMITS … The MML is co-sponsoring a series of State of the State Regional Budget Summits for business, state and local officials in St. Louis (Dec. 2), Springfield (Dec. 3), and Kansas City (Dec. 4). The Summits will deal with the future of the state’s economy and budget predictions. The Summits are free, but reservations are required. Please RSVP at www.mobudget.org.

SALES TAXES DECLINE … According to the Missouri Dept. of Revenue (DOR), sales taxes declined 3.3 percent in the period July 1 to October 1 when compared with the same period last year. Missouri municipalities are feeling the economic slowdown and many cities will have to make budget adjustments.

EMINENT DOMAIN PETITION REFILED 2010 … The supporters of initiatives to prohibit the use of eminent domain to redevelop blighted areas have resubmitted their petition proposals for review prior to circulating the petitions for signatures for the 2010 ballot. The wording on the petitions have been revised somewhat in response to some of the MML’s criticism. Their petition efforts have fallen short in 2006 and 2008 despite the expenditure of millions of dollars. It appears that their 2010 efforts also will be well financed. Just something else to look forward to.

MEETINGS WITH LEGISLATORS … If you arrange a meeting with your legislators either in Jefferson City or at home, please remember to invite MML staff. If we are able to attend, it is helpful to us in our lobbying effort.

OPEN RECORDS LAWSUIT DISMISSED … A lawsuit brought by Tom Burcham against the city clerks of Miller, Bland, Fair Play, Rocheport, Sturgeon, and Doolittle was decided this summer. On June 25, the court ruled in favor of the clerks in part because open meetings suits should have been filed in the county in which the alleged violation occurred. He filed the suit against the preceding six towns in his home county, St. Francois. In addition, Mr. Burcham made open records requests in his name and proceeded to bring suit through a person named Andrea D. Penberthy. The duo sought punitive damages in excess of $25,000 plus costs from each city clerk.

NLC POLICY COMMITTEES … We have openings for appointments to the following National League of Cities Policy and Advocacy Committees: Community and Economic Development; Energy, Environment and Natural Resources; Finance Administration and Intergovernmental Relations; Human Development; Information Technology and Communications; Public Safety and Crime Prevention Committee; and the Transportation Infrastructure Committee. Committee members are expected to attend the two regular NLC conferences. Preference will be given to officials from cities that are not already represented on NLC committees. Please let us know if you are interested in serving on one of the above committees.

CCFOA SCHOLARSHIPS … The Missouri City Clerk and Finance Officers Association will award 10 scholarships for the New Clerks Conference to be held in March 2009 at the Lodge of the Four Seasons in Lake Ozark. The New Clerk’s Conference is usually held on Monday, with the Spring Institute beginning the next day. The applicant must be a member in good standing of the MoCCFOA and must be a city clerk, city treasurer, city collector, finance officer, or hold a similar position. The scholarships encompass the registration fee, one-half of the double room occupancy, and $40 for mileage and other expenses. Applications are available from any scholarship committee member and are available on the MoCCFOA Web site at www.moccfoa.org. The scholarship co-chairs are Gayle Conrad of Cape Girardeau and Kathy Colvin of Centralia. Applications must be received no later than December 31, 2008. Applications should be mailed to Kathy Colvin, 114 S. Rollins St., Centralia, MO 65240.

QUOTABLE … “You don’t make decisions because they are easy; you don’t make them because they are cheap; you don’t make them because they’re popular; you make them because they’re right.” ~ Theodore Hesburgh, C.S.C. former president University of Notre Dame.