Rep. Matt Gray

Current law caps the compensation that a special district board member may receive at $1,600 per year and $100 per meeting attended. The bill increases this amount to $2,400 per year and specifies that special meetings include study sessions in specified circumstances. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Currently, retail food establishment license fees are established in statute. The bill authorizes a county or district board (local board) of health to establish fees that are lower than the fees set in statute as long as the local board is in compliance with current law regarding food safety. The bill removes language prohibiting a county government from supplanting funds from increased revenues based on increased license fees for other county programs. The bill requires a local board that chooses to establish fees lower than those in statute to continue to remit $43 from each fee to the state treasurer. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sunset Process - Senate Business, Labor, and Technology Committee. Sections 1 through 4 of the bill continue the division of real estate, the real estate commission, and the regulation of real estate brokers and subdivision developers for 9 years, until 2026. Section 5 directs the real estate commission (commission) to establish, by rule, the number of transactions that a broker must have completed before becoming an employing broker. Section 10 adds to the current provisions on referral fees to require that referral fee agreements conform to the requirements of both state and federal law. Sections 8 and 11 through 18 consolidate the various cash funds used for several licensing functions and programs administered by the division of real estate into a single cash fund. Section 7 makes broker licenses expire uniformly on December 31 rather than requiring licensees to apply for renewal at various times throughout the year on their individual anniversary dates. Section 9 defines 'conviction' to include deferred judgments and deferred sentences, in provisions listing factors the commission may consider when determining whether to discipline a licensee. Section 6 modifies the composition of the commission to require that one of the 3 broker members be a broker with experience in property management.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill clarifies the applicability provisions of legislation enacted in 2015 and 2016 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues in the following respects: The bill clarifies that a substantial modification of an urban renewal plan (plan) is a proposed modification that substantially changes provisions of the plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the urban renewal project, the scope of method of financing, design, building requirements, timing, or procedure, as previously approved, or where the modification will substantially clarify a plan that, when approved, was lacking in specificity as to the urban renewal project or financing. If the modification is substantial, the modification is subject to pertinent requirements of the urban renewal law addressing modifications. For plans to which a pledge of the revenues deposited into the special fund was made by an indenture or other legally binding document that is separate from the plan itself prior to January 1, 2016, a pledge to secure the payment of refunding bonds is not a substantial modification and is not subject to the modification requirements of the urban renewal law. Not less than 30 days prior to approving any modification of a plan, the bill requires the governing body or an urban renewal authority (authority) to provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the urban renewal area and a notice of the date and time of the meeting at which the governing body will consider the modification. Any taxing entity that levies taxes on property located within the urban renewal area may file an action in the state district court exercising jurisdiction over the county in which the urban renewal area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. Further, if requested by the taxing entity, the court is required to enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if so, the court is required to further enjoin any action by the authority until there has been compliance with statutory provisions addressing the sharing of incremental property tax revenues. The bill prohibits any action from being brought to enjoin any undertaking or activity of the authority to a plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within 45 days after the date the authority provided notice of its intention regarding such undertaking or activity. The notice must describe the undertaking or activity proposed to be engaged in by the authority and specify that any action to enjoin the undertaking or activity must be brought within 45 days from the date of the notice. The notice must be published one time in a newspaper of general circulation within the county. On or before the date of publication of the notice, the bill also requires the authority to mail a copy of the notice to each taxing entity that levies taxes on property within the urban renewal area. Finally, the bill clarifies that legislation enacted in 2015 to promote an equitable financial contribution among affected public bodies in connection with urban redevelopment projects allocating tax revenues, legislation adopted in 2016 to clarify such 2015 legislation, and the bill apply to municipalities, authorities, and any plans created on or after January 1, 2016, and to any substantial modification of any plan approved on or after January 1, 2016.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, driving under restraint is a misdemeanor punishable by up to 6 months in jail and up to a $500 fine. The bill decreases the penalty to a class A traffic infraction if the basis of the restraint is an outstanding judgment. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill prohibits a contract between a carrier and a dentist from requiring a dentist to provide services to a covered person at a fee set by, or subject to the approval of, the carrier unless: The services are covered services under the person's policy; and The carrier provides payment for the service under the person's policy in an amount that is reasonable and not nominal or de minimis. The bill authorizes a dentist to charge a covered person for noncovered items or services in any amount determined by the dentist and agreed to by the patient if the amount is equal to, or less than, the usual and customary amount that the dentist charges individuals who are not enrolled for such items and services. (Note: This summary applies to this bill as introduced.)

If property taxes are levied erroneously or illegally and a taxpayer has not protested the valuation within the time permitted by law, then the taxpayer has 2 years from the start of the property tax year to file a petition for abatement or refund. The board of county commissioners is required to abate the taxes, and the taxpayer is entitled to a refund for the incorrect amount and, in some circumstances, refund interest equal to 1% per month. The bill delays the start of the refund interest so that it accrues from the date a complete abatement petition is filed, with the exception of an abatement or refund for taxes paid as a result of omitted property being added to the assessment roll. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill allows a special district having a 5-member board to increase the number of board members to 7 by the adoption of a resolution by the board and the approval of the resolution by the board of county commissioners or the governing body of the municipality that approved the service plan of the special district. If an increase is made, a board cannot be reduced back to 5 members. The bill also specifies the length of the initial term of each new special district board member and sets forth the election requirements. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The district attorney of each judicial district, with the approval of the boards of county commissioners comprising the district, currently fixes the salaries of any assistant district attorney, chief deputy district attorney, and deputy district attorney in the district. There are currently no minimum salary amounts in law for these positions. The bill establishes minimum salary amounts for these positions based upon the salary ranges of certain employees of the state public defender's office. The county or counties making up a judicial district currently pay the entire amount of the salaries of all deputy, chief deputy, and assistant district attorneys working in the district. The bill requires the state to pay a percentage of the salaries, starting at a lower percentage and scaling up to the following percentages after 4 years: Assistant district attorney - 80%; Chief deputy district attorney - 50%; Deputy district attorney - 20%. The bill allows the boards of county commissioners of the counties within a judicial district, in consultation with the district attorney, to make a one-time irrevocable election to require an assistant district attorney to become a member of the public employees' retirement association's defined benefit plan. In such case, the state would pay 80% and the counties would pay 20% of the employer contribution for an assistant district attorney. (Note: This summary applies to this bill as introduced.)

The bill permits the governing body of a municipality, as applicable, to provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area is not subject to the division of taxes between base and incremental revenues that accompanies the tax increment financing of urban renewal projects. In such circumstances, the taxes levied on the valuation will be distributed to the public bodies as if the urban renewal plan was not in effect. The bill defines the terms 'mineral resources' and 'valuation attributable to the extraction of mineral resources.' (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)