CCS/SS/SCS/HCS/HBs 795, 972, 1128, & 1161 - This act changes numerous laws concerning county government. In its main provisions, the act:

(1) Authorizes the Cass County and Greene County Commissions to impose a civil fine of not more than $1,000 for misdemeanor county ordinance violations and requires the county counselor, rather than the county prosecuting attorney, to prosecute these violations. Fines are to be deposited into the county general fund and used to pay for the cost of enforcement of the ordinances; (Section 49.272). This provision is similar to SB 1166.

(2) Authorizes all counties without a charter form of government to adopt certain ordinances or resolutions related to its property, affairs, and local government, which includes the protection of the environment from the risks of methamphetamine. These ordinances may then be submitted to the voters for approval. No non-charter county shall be allowed to adopt an ordinance or resolution regulating the sale or display at any retail outlet of drugs with certain active ingredients. No county may pass an ordinance that governs any railroad, telecommunications or wireless company, public utility, electric cooperative, or municipal utility. Under current law, only counties of the first, second, or fourth classification may adopt ordinances related to their property, affairs, and local government. Currently, only counties of the first, second, or fourth classification are prohibited from adopting ordinances governing utilities. No county commission may enact an ordinance with regard to agriculture operations, but any zoning adopted by a county prior to the effective date of this act is exempt from this provision; (Section 49.650)

(3) Provides that counties of the third classification, no administrative service fee shall exceed 5% of the total budget of the general revenue fund; (Section 50.515)

(4) Allows the salary commission of Cape Girardeau County to determine in 2004 whether to equalize the base salary of the county treasurer to an amount not greater than the current maximum statutory salary for treasurers in counties of the first classification; (Section 50.339)

(5) Authorizes county treasurers in counties of the third and fourth classification to issue payroll checks before the filing of the county budget estimates; (Section 50.740)

(6) Entitles a member's designated beneficiary to receive a refund from the member's contribution if a member dies prior to retirement and after completing 8 or more years of service and there is no surviving spouse; (Section 50.1110)

(7) Allows a former member who has forfeited creditable service to have it restored again by becoming an employee, completing a total of 8 years of uninterrupted creditable service, and purchasing the forfeited service by paying into the fund; (Section 50.1140)

(8) Allows members of the County Employees' Retirement Fund to receive a distribution of the member's contribution account selected by the member. If the amount in the fund is $5,000 or less, the member will receive the money in the account as a single sum; (Section 50.1250)

(9) Removes the provision which allows county collectors of any county, except charter counties and counties of the first classification, to retain fees obtained pursuant to a contract that is in addition to all other compensation; (Section 52.269)

(10) Allows the county collector to employ at least one full time deputy and as many as necessary to perform the duties of the office; (Section 52.271)

(11) Prohibits the preparer of documents going to the recorded of deed to include social security numbers, except when required by law; (Section 59.331)

(12) Increases the maximum reimbursement rate for members of county planning commissions. In second and third classification counties, the rate of reimbursement for expenses will increase from $15 to $25 per meeting. In counties with alternative county planning and zoning, the rate will increase from $10 to $25; (Section 64.520 & 64.805)

(13) Allows county planning commissions to accept other forms of security besides surety bonds in lieu of full completion of required infrastructure improvements in subdivisions prior to the plat being recorded; (Section 64.825) This provision is similar to HCS/SS/SCS/SB 1183.

(14) States that if a county commission has not submitted a panel of names to the Governor within 30 days of the expiration of a County Sports Complex Authority's commissioner's term, the Governor will immediately make an appointment with the advice and consent of the Senate. If the Governor does not appoint a replacement, no commissioner will serve beyond the continuation of his or her term; (Section 64.930)

(15) Allows Jefferson County to establish county municipal courts and adopt orders with penal provisions in the areas of traffic violations, solid waste management, and animal control. The act requires that fines for these violations be paid to the school districts in the county; (Section 67.320)

(16) Requires that the unanimous vote of all land owners is required by a county can take land as a recreation district, when there are no qualified voters residing on the land in question; (Sections 67.793 & 67.799)

(17) Enables the city of Hermann and Dent County to enact a transient guest tax. The provisions of the tax would follow the common transient guest tax provisions in existing law. These provisions include a maximum tax of 5% and require that the measure be put to a vote of the people; (Section 67.1360)

(18) Includes any unincorporated area in St. Louis County in the definition of "municipality in the "Community Improvement District Act"; (Section 67.1401)

(19) Deals with the metropolitan parks and recreation district. Under this act, the word "primary" has been removed from the statute, leaving the duty of the districts open for the development, operation, and maintenance of a system of parks and trails. Language has been added to clarify that nothing shall restrict the districts from entering into or initiating projects dealing with parks that are not necessarily connected to trails. Other added language pertains to grants awarded to municipalities for park purposes, with this act, those grants must be consistent with the purpose of the district.

This act goes on to state that the district shall not substitute for the powers and responsibilities of other conservation and environmental regulatory agencies. Finally, this act specifically states that nothing in the statute shall authorize the district to regulate water quality, watershed, or land use issues in the counties comprising the district; (Section 67.1706 & 67.1754)

(20) Allows citizens of Jefferson, Camden, Miller, Morgan, Jasper, Newton, Greene, Buchanan, Cole and Wright counties to petition to create an exhibition center & recreation facility district. At least fifty property owners in the county must sign the petition.

The petition must include the petitioners names, a description of the district's boundaries, and the name of the proposed district. Once the petition is filed, the governing body may approve a resolution to create the district. Following a public hearing, the governing body may adopt an order establishing the proposed district.

A board of trustees is created to administer any district created and the expenditure of revenue that accompanies such district. The governing body of each county within the district shall appoint four residents from the portion of the county within the district to serve on the board. At least one member of the board shall be the owner of a business in the district and at least one member shall be the owner of a lodging facility in the district; such members may or may not live in the district.

The remaining two members must reside in the district. The board will have the power to have a seal, sue and be sued, enter into contracts or other agreements affecting the affairs of the district, to borrow money, to issue bonds, to acquire and dispose of real and personal property, to refund bonds without an election, to manage the affairs of the district, to hire agents, and to amend and adopt bylaws.

The district may submit to its voters a sales tax of one- quarter of one percent. The act includes ballot language to that effect. The act also includes the creation of a fund to receive such sales tax revenue and instructs the director of revenue to authorize disbursements to the district. The act allows for an extension of the tax if the extension is approved by the voters in the district; (Section 67.2000)

(21) Enables Saint Charles and Greene County to establish a theater, cultural arts, and entertainment district. The sales tax in the district shall be up to one- half of one percent. The act establishes minimum criteria for the formation of the district, including land area, and petition requirements.

The district will be controlled by a board of directors, the number of which must be specified in the petition. The act lays out criteria for the board of directors. The board has various powers, including the power to issue bonds. The bonding power is provided in detail in the act.

Public meetings regarding the formation of the district must take place before the governing body of the county can put the proposal to a vote of the people in the proposed district. Once the governing body of the county approves a resolution to establish the district, a vote is authorized. After it is approved, the district shall be formalized by an ordinance from the governing body.

The act allows for subdistricts in the district that may oppose the creation of the district and thereby avoid the sales tax to support the district. The act establishes a procedure for forming a governing body for a subdistrict.

If there are no registered voters in a subdistrict, one or more property owners who collectively own one or more parcels of real estate comprising at least a majority of the land situated in the proposed subdistricts within the proposed district may file a petition with the circuit court requesting the creation of a theater, cultural arts, and entertainment district. The circuit clerk of the county in which the petition is filed pursuant to this section shall present the petition to the judge, who shall set the petition for hearing. The court shall hear the case without a jury. If the court determines the petition is defective or the proposed district or its plan of operation is unconstitutional, it shall refuse to incorporate the district. If the court determines the petition is not legally defective and the proposed district and plan of operation are not unconstitutional, the court shall order an election for voter approval and certify the questions to the circuit clerk.

The act contains ballot language for the formation and possible dissolution of the district. In the event that a district is dissolved, the act contains provisions to govern such dissolution.

The sales tax is to be collected by the municipality and placed into a special trust fund for the purposes of the district. The act also contains sourcing language for the treatment of out-of-district purchases; (Sections 67.2500, 67.2505, 67.2510, 67.2515, 67.2520, 67.2525, 67.2530)

(22) Provides that a centralized emergency dispatching system created by a joint municipal agreement within St. Louis County may be considered a political subdivision and its employees are eligible for membership in the Missouri Local Government Employees' Retirement System; (Section 70.225) This provision is similar to SB 1353.

(23) Requires political subdivisions to accept an escrow secured with cash or an irrevocable letter of credit from a developer as security for the completion of infrastructure improvements in subdivisions, at the option of the developer. Current law allows political subdivisions to choose what kind of security, such as surety bonds, the developer must provide. The act requires that the political subdivision accept a replacement escrow from another developer who buys the subdivision property prior to completion, at which time the political subdivision must release the original developer from all obligations. The act also requires the political subdivision to inspect the project within 20 days of a request. If the city or town has not released the escrow funds or bond amount within 30 days or timely inspected the improvements, the city must pay interest. The act exempts Kansas City from certain provisions of this section; (Section 89.410)

(24) Exempts transfers of certain property by the Bi- State Metropolitan Development District and the Kansas City Area Transportation District Authority from real and personal property taxes and state and local sales and use taxes. This act adds to the exemptions, all sales made by or to an organization that has been granted tax exempt status under federal law; (Sections 137.100, 144.030, & 144.615)

(25) Allows, through intergovernmental agreements, the collection of traffic fines, parking fines, towing and vehicle immobilization fees, and the penalties and court costs associated with those fines and fees at the same time as the collection of a taxpayer's personal property taxes; (Section 137.298)

(26) Establishes the percentage of property tax collections that are deposited in the county assessment fund. The percentage of all property tax collections shall be one- half of one percent for all counties of the first and second classification and one percent for counties of the third and fourth classification. An additional one-eighth of one percent shall be deducted from tax collections and deposited in the county assessment fund in counties of the first classification, counties with a charter form of government, and any city not within a county.

An additional one-quarter of one percent shall be deducted from tax collections and deposited in the county assessment fund in counties of the second, third, and fourth classification. Such additional amounts shall not exceed $100,000 in any year for any county of the first classification and any county with a charter form of government and $50,000 for any county of the second, third, and fourth classification.

The act requires the state tax commission to conduct a study to determine the impact of increased fees on assessed valuation four years after the effective date of this act.

Any increase provided for in this act shall be disallowed in any year the state tax commission certifies that the equivalent sales ratio for the county is less than or equal to 31 2/3 percent.

This section of the act will expire on December 31, 2009; (Section 137.720)

(27) Prohibits any municipal official, member of a school board, or an employee of a school district from serving on a county board of equalization in counties with a charter form of government; (Section 138.011)

(28) Repeals the Community Comeback Act. The local use tax in St. Louis County, which is used to fund the Community Comeback Program, will be used for economic development and enhancing local government in St. Louis County. The bill defines "economic development."; (Sections 144.757, 144.759 and removes Sections 67.478, 67.481, 67.484, 67.487, 67.490, 67.493)

(29) Clarifies that a municipality in Christian County may continue to operate an emergency telephone service in the event the county also establishes a service or has been reclassified into a higher classification; (Section 190.306)

(30) Revises provisions pertaining to vital records. The act:

(a) Increases the fees charged for the issuance of a certification of a death record from $10 to $13, with additional copies being $10. The act increases the fees charged for the issuance of a certification or copy of a birth, marriage, divorce, or fetal death record from $10 to $15;

(b) Requires the Director of the Department of Revenue to credit $4 to the General Revenue Fund; $5 to the Children's Trust Fund; $3-$5 to the Missouri Public Health Services Fund; and $1 to the Endowed Care Cemetery Audit Fund from each vital record fee collected, effective August 28, 2004;

(c) Requires that money in the Missouri Public Health Services Fun be used to automate and improve the vital records system by December 31, 2009; and

(d) Increases the fees charged for the issuance of a certification of a death record by a local registrar from $10 to $13, with additional copies being $10. This act increases the fees charged for the issuance of a certification or copy of a birth, marriage, divorce, or fetal death record by a local registrar from $10 to $15. All fees will be deposited to the official city or county health agency; (Section 193.265)

(31) Increases the cap from $3 to $7 for special use permits in certain counties; (Section 229.340)

(32) Allows the formation of a levee district in any city, town, or village that is not located in St. Charles County; however, third and fourth class cities in St. Charles County will be allowed to form levee districts. Under current law, levee districts can be formed in one or more counties, in a third or fourth class city, and in certain other cities. The act allows certain levee districts in St. Louis County to construct and maintain waterlines, in addition to their current authority to construct and maintain sewers, levees, dikes, dams, and other similar projects. Under current law, levee districts located within St. Louis County are allowed an alternative procedure with respect to the apportionment of installment taxes. The act extends this procedure to all levee districts. Any modifications made by the General Assembly to Section 245.015, RSMo, shall not be construed to enhance or limit the current law, and any interpretation thereof, with regard to where a levee district may be formed within St. Charles County or any city or town within such county; (Sections 245.015, 245.060, 245.095, and 246.305)

(33) Allows county commissions and industrial development authorities to use landfill fees for economic development within the county. Currently, these fees are used only by industrial development authorities; (Section 260.831)

(34) Allows any second, third, or fourth classification county to set by ordinance countywide speed limits on roads within unincorporated areas of the county. This act requires that the maximum speed limit set by the county commission of any county of the second, third, or fourth classification shall not be more than 55 miles per hour if there are signs and shall not be more than 50 miles per hours if there are not signs; (Section 304.010)

(35) Excepts Greene, Platte, Clay, St. Louis, and St. Charles counties from the requirement providing for an adjustment in the total operating levy of the ambulance or fire protection district based on the sales tax revenue, and, upon voter petition, repealing a sales tax for those purposes; (Sections 321.554 & 321.556)

(36) Clarifies that the permission of the state highways and transportation commission shall have the authority to control the construction of roads, highways, or streets across railroad tracks. The power of the commission is subject to review by the Administrative Hearing Commission; (Section 389.610)

(37) Provides an alternative method for issuing certain utilities revenue bonds. Current law requires that the issuance be put to a vote of the people. With this act, for the purposes of purchasing or leasing, constructing, installing, and operating reservoirs, pipelines, wells, check dams, pumping stations, water purification plants, and other facilities for the production, wholesale distribution, and utilization of water, the municipal water commission may provide for a vote by the governing body of each contracting municipality. Such vote shall require the approval of three- quarters of all governing bodies of the contracting municipalities. The commission must receive an engineers report, and provide a public hearing prior to the issuance; (Section 393.760)

(38) Requires the Jackson County public administrator, when serving as conservator and using pooled accounts for conservatorship funds, to have the pooled accounts audited at least annually by an independent certified public accountant to be paid for by the county. When the accountant's audit report is filed with the court, the written certification by a depositary officer will not be required. Under current law, conservators are required to obtain a written certification that a bank officer or other depositary officer has viewed securities and other investments held by the conservator at the bank or other depositary and verified them against the conservator's filed settlement report; (Section 475.275)

(39) Removes the provision stating that Kansas City municipal judges and court personnel are not subject to court management and case docketing by the presiding judge or rules of the circuit court; (Section 479.020)

(40) Allows Franklin County to impose an additional fee of ten dollars when filing a civil case unless it concerns adoption or the case is in small claims court under Section 488.426, RSMO. Moneys collected. This act allows any county other than a county on the nonpartisan court plan to use money collected for the maintenance and upkeep of a law library to pay for courtroom renovation and technology as well as for debt service on bonds issued by the county for such projects; (Sections 488.426 & 488.429)

(41) Current law provides that all publications and orders of publication required to be made by law, be published in newspapers that have been published regularly and continuously for 3 years. This act allows publication in a newspaper that has only been published for 2 years if it is the only newspaper serving a county. There is an emergency clause for this section; (Section 493.050)

(42) Relieves cities and towns with fewer than 10,000 inhabitants of liability for the injury or death of any person attending a fair, festival, or similar gathering organized or sponsored by the municipality. The municipality must post a sign at the gathering stating that the municipality is not liable for injury or death resulting from the inherent risks of participating in the activity; (Section 537.550)

(43) Prohibits the sales tax authorized for funding storm water control or local parks from being collected on food in St. Louis County; (Section 644.032)

(44) Specifies that nothing in Chapter 61, RSMo, requires the county commission to hire a county engineer; (Section 1) and

(45) Provides that the Board of Fund Commissioners determine whether any governmental entity has sufficient fund balances to redeem leasehold revenue bonds obligated pursuant to a federal court desegregation action. If sufficient fund balances exist, the state Board of Education shall certify that no amount is needed by such entity to repay the bonds. (Section 2)
SUSAN HENDERSON