Supplement: MO SB47 | 2023 | Regular Session | Summary: House Committee Substitute

For additional supplements on Missouri SB47 please see the Bill Drafting List
Bill Title: Modifies provisions relating to fees collected by the Department of Revenue

Status: 2023-05-12 - In Conference [SB47 Detail]

Download: Missouri-2023-SB47-Summary_House_Committee_Substitute.html
HCS/SB 47 - This act modifies provisions relating to fees collected by the Department of Revenue.

DEPARTMENT OF REVENUE FEE OFFICES (Section 136.055)

This act increases service fees charged by Department of Revenue fee offices for certain transactions.

The act also specifies that the Director of the Department of Revenue shall not award fee office contracts to entities affiliated in any manner, as defined in the act, with a current employee of the Department or with a former employee of the Department for the one-year period following the employee's termination of employment.

One dollar from every fee increased under the act and collected by a contract fee office shall be remitted to the "License Office Distribution Fund" established under the act. The remitted funds shall be held in trust for the fee office contract holders, and shall not be considered state revenue. In the event a court of competent jurisdiction requires money remitted to the fund under the act to be distributed in accordance with certain constitutional provisions, the required remittance to the fund shall be null and void.

Beginning with the fourth quarter of 2024, the amount of money remitted to the fund each quarter shall be distributed equally among fee offices as provided in the act.

These provisions are similar to SCS/SB 366 (2023).

FEES CHARGED TO HOMELESS YOUTHS BY DEPARTMENT OF REVENUE FEE OFFICES (Sections 136.055, 302.178, and 302.181)

This act exempts homeless children, homeless youths, and unaccompanied youths, as defined by law, from certain fees collected by Department of Revenue fee offices. (Section 136.055.8). The act also adds these groups to the definition of "emancipated minor" for purposes of proving the supervised driving experience required to obtain an intermediate driver's license, and exempts emancipated minors from intermediate driver's license fees. (Section 302.178).

The act provides that no fee shall be required or collected from a homeless child, homeless youth, or unaccompanied youth to obtain his or her first nondriver identification card. (Section 302.181.6).

A minor's status as a homeless child, homeless youth, or unaccompanied youth under the act shall be verified by a letter signed by a director or designee of a governmental or nonprofit agency providing services to homeless persons, by a local education agency liaison as described under federal law, by a school social worker or counselor, or by an attorney who is representing the minor in a legal matter. (Sections 136.055.8, 302.178.10, and 302.181.6).

This act is identical to SCS/SB 1167 (2022), and similar to HB 2789 (2022), provisions in SCS/HCS/HB 2376 (2022), and provisions in HCS/SS#2/SB 823 (2022).

FEES COLLECTED BY CUSTODIANS OF VITAL RECORDS (Section 193.265)

This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse and if the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, attorney, or health care or mental health professional stating that such person believes that the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.

These provisions are identical to provisions in SS/SB 198 (2023), and substantially similar to HB 1300 (2020).

LIMITS IMPOSED BY POLITICAL SUBDIVISIONS ON DIGITAL ASSET MINING BUSINESSES (Section 408.900)

This act creates new provisions relating to digital mining. Specifically, the act permits any person to run a node or a series of nodes in this state for the purpose of home digital asset mining at the person's private residence. A person or entity may have a digital asset mining business in any area in this state that is zoned for industrial use. Furthermore, any person engaged in home digital asset mining or digital asset mining business shall not be considered a money transmitter.

A political subdivision shall not:

• Limit the sound decibels generated from home digital asset mining other than limits set for sound pollution generally;

• Impose any requirements on a digital asset mining business that is not also a requirement for data centers in such political subdivision; or

• Rezone the area in which a digital asset mining business is located without complying with applicable state and local zoning laws or rezone any area with the intent or effect of discriminating against any digital asset mining business.

A digital asset mining business is entitled to appeal any change in zoning pursuant to any applicable state or local zoning laws.

The public service commission can set rates reflective of cost to serve, but shall not establish a rate schedule for digital asset mining that creates discriminatory rates for digital asset mining businesses.

These provisions are similar to SB 536 (2023).

ERIC VANDER WEERD

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