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Legislative Alerts Missouri Municipal League Summary: LANDLORD/TENANT JOINT LIABILITY FOR DELINQUENT UTILITY BILLS … H.B. 1409 (McGhee), has been introduced to prohibit municipalities from holding the landlord and tenant jointly liable for delinquent utility bills. Municipalities have been able to hold both parties responsible for delinquent, unpaid utility bills since 1951, and about one-half the municipalities and water/sewer districts do so. We know that the vast majority of uncollected water/sewer bills are from rental property, not owner occupied property. When the renters relocate with unpaid bills, it is usually not possible to find them to collect the money. If the municipality cannot locate the renter and cannot charge the owner, the city must increase rates for the rest of the people because an enterprise fund must balance income with expenditures. Several years ago, we agreed to a compromise: the city must notify the owner, as well as the renter, of delinquent bills and the owner would only be responsible for 90 days service, minus the deposit. Now, sponsors want to nullify the compromise. Our position is that the billing practices of a municipal utility should be left to the people of the community. It is their utility! Municipal officials want to keep rates as low as possible for all residents. Legislators who want to protect absentee landlords should be more concerned with the rest of the residents who pay their bills on time and deserve the lowest possible utility rates. SUNSHINE LAW REVISIONS … H.B. 1299 (Lampe), H.B. 1444 (Jones), and H.B. 1445 (Jones) have been introduced to make significant changes to the Open Meetings and Records Law. In addition to provisions in the bills which increase the notice requirement for certain types of meetings, H.B. 1445 establishes a mandatory $1,000 per person penalty for any “knowing” violation of the law no matter how minor or technical. The current law provides a penalty up to $1,000 for a “knowing” violation based on the seriousness of the violation, the size of the jurisdiction, and previous violations of the laws. The set penalty in H.B. 1445, without judicial discretion, will be a major problem for new members of the governing body or for new city clerks. The strict penalty provision also will be a disincentive for citizen volunteers to serve on local boards and commissions. MML LEGISLATIVE CONFERENCE – LAST REMINDER … We hope you plan to attend the MML Legislative Conference on February 17-18 at the Jefferson City Capitol Plaza Hotel. Featured speakers include: Governor Jay Nixon (invited), Attorney General Chris Koster (invited), and State Budget Director Linda Luebbering (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 BILLS OF MUNICIPAL INTEREST TEXT MESSAGING WHILE DRIVING-REVISITED … H.B. 1205 (Schad) Prohibits all drivers of a motor vehicle from text messaging while driving. Legislation passed in 2009 prohibited texting by drivers under 21 years of age. HOMESTEAD PROPERTY TAX EXEMPTION … H.B. 1214 (Dusenberg) Exempts from property taxes anyone over the age of 75 with an income of less $30,000. All potential revenue losses to political subdivisions would be reimbursed by the state, subject to funds being appropriated by the General Assembly. (Opposed by MML Policy) HOMESTEAD TAX RELIEF FOR SENIORS … H.B. 1216 (Dusenberg) Freezes the property taxes for every homeowner over 65. All potential revenue losses to political subdivisions would be reimbursed by the state, subject to funds being appropriated by the General Assembly. (Opposed by MML Policy) SALES TAX EXEMPTION FOR FITNESS CLUB DUES … H.B. 1222 (Smith, 14th) Exempts from sales tax membership fees to heath and fitness clubs. (Opposed by MML Policy) RED LIGHT CAMERAS … H.B. 1229 (Kraus) Fines collected for a red light camera violation shall go to the local school district. (Opposed by MML Policy) TEXT MESSAGING WHILE DRIVING-REVISITED … H.B. 1276 (Wells) Same as H.B. 1205.