Senate Committee Substitute

Section 41.655

Current law authorizes Johnson County to plan and zone an area surrounding a military base located in the county, provided that the county has a zoning commission and a board of adjustment. This act removes the requirement that the county must have such a commission and board. Johnson County is authorized to adopt and enforce airport hazard area zoning regulations that are substantially similar to current airport zoning and regulation laws, with certain variances from the current laws.

Section 49.292

This section allows a county commission to reject the transfer of title of real property to the county by donation or dedication if it is in the best interest of the county to do so. The preparer of a document donating or dedicating real property to a county cannot submit the document for recording unless the grantee's acceptance is proved or acknowledged.

Section 50.032

This section prohibits a county from receiving state funds unless the county has agreed by ordinance or order to engage in mandatory mediation in disputes arising with another county over financial expenditures. Costs of the mediation will be shared between the counties involved. If the counties cannot agree on a mediator, the matter will be resolved by a three-person mediation panel. Such mediation shall be nonbinding and independently administered. Any decision issued be a mediator or panel may be appealed to the circuit court.

This section shall only apply if a jailer determines that a prisoner needs medical care or attention after being relocated from another county jail and a dispute arises between the counties regarding which county is responsible for the costs of such care.

Section 50.327

This section establishes the salary schedule for public administrators in counties of the second, third, and fourth classification, who choose to be paid by salary and who are considered full-time county officials, as the base schedule for those officials, unless the current salary is lower than the compensation in the schedule. This section also requires a two-thirds vote or more by the county salary commission to decrease the salary of any county official. All county officials shall receive the same percentage decrease.

In no event shall the base salary or compensation of a county collector in Taney County set on or after August 28, 2005, be reduced below the salary or compensation being paid on August 28, 2005. All actions taken by the salary commission between August 28, 2005, and December 31, 2005, shall be subject to this provision and any such action not in compliance with this subsection shall be voided.

Section 50.339

This section authorizes the salary commission in Cape Girardeau County to meet to determine whether to equalize the base salaries of the treasurer and public administrator with the base salaries of the auditor and recorder of deeds.

Section 50.565

This section provides that current or former county elected officials and current or former employees of the county commission shall not be appointed to the board of trustees that supervises the county law enforcement restitution fund. Currently, current or former employees of the sheriff, prosecuting attorney, and treasurer are excluded.

This section also provides that the money from the fund may be used only for county law enforcement-related expenses, rather than such expenses in general.

Section 50.660

This section eliminates the requirement of advertising in counties of the first classification for county contracts or purchases involving an expenditure of less than $6,000.

Section 52.230

This section requires all counties without a charter form of government to mail property tax statements and receipts to taxpayers at least 30 days before being due. Currently, statements are required to be mailed at least 15 days before the due date.

Section 54.040

This section adds new requirements for candidates seeking the office of county treasurer, including being at least 21 years of age, a U.S. citizen, a resident of Missouri for at least one year, a registered voter, and being current in the payment of personal and property taxes.

Sections 59.170 & 59.319

Currently, the Recorder of Deeds for Jackson County must have a Kansas City office and must record all instruments affecting property within a certain area at such office. These sections gives the recorder discretion about recording such instruments at the Kansas City office. Such deeds and instruments may also be recorded at the office located at the county seat office of Jackson County.

In Jackson County, the two-dollar portion of the user fee for recording instruments that recorders retain for their "recorder's fund" may be used to cover the cost of redacting sensitive personal identifying information from documents under Sections 59.331 & 59.332, RSMo.

These sections are similar to portions of SB 1011 (2006).

Sections 59.331 & 59.332

With limited exceptions, these sections prohibit the preparer of a document from including "sensitive personal identifying information" in a document that is prepared for the recorder. Such information includes federal social security numbers, bank account numbers, and credit card account numbers.

Currently, only the use of social security numbers is prohibited. If a person's sensitive personal identifying information appears on a document, the preparer, submitter, or anyone in an agency relationship with the person may redact, remove, or delete such information before submitting it to the recorder. The redaction of such information shall not affect the legal status of the transaction described in the document. The Recorder of Deeds shall not alter or modify any document except as otherwise provided by law.

If any sensitive personal identifying information in a record is viewable on an Internet website of a Recorder of Deeds, any person may apply in writing to the recorder for redaction or removal of the information. Upon receiving such application, the recorder of deeds may redact or remove the document from the records viewable on the Internet.

These sections shall apply only to Jackson County.

These sections are similar to SB 1011 (2006).

Section 67.048

This section requires county boards that receive funding from the county treasury and whose members are appointed by the county commission to submit an annual report each fiscal year itemizing expenditures.

Sections 67.110 & 137.055

These sections require political subdivisions to provide additional information to taxpayers prior to the public hearing held prior to the setting of tax rates.

These sections are identical to portions of SCS/SB 1140 (2006).

Section 67.304

This act allows the governing body of any municipality or county to authorize an organization to stand in a road to solicit charitable contributions. Any organization must file a written application no later than 11 days before the solicitation. The act specifies what information must be provided in the application.

The governing body may require the applicant to obtain a permit or pay a reasonable fee. It may also require proof of liability insurance or set a minimum age requirement for persons soliciting.

Solicitation collections shall only be conducted at intersections controlled by electronic signal lights or by four-way stop signs.

This act is similar to SB 1161 (2006) and HCS/HB 1119 (2006).

Section 67.463

This section requires the Boone County collector to collect a fee for collection of certain property assessments.

Section 67.547

This section requires that 75% of the general county sales tax revenue in New Madrid County be distributed to the county and the remaining 25% be distributed equally among the incorporated cities, towns, and villages of the county. Currently, all the revenue goes to the county.

This section is identical to SB 1207 (2006).

Section 67.797

This section authorizes the governing body of Boone County to have exclusive control over the expenditures and operation of a regional recreational district located only in that county on land owned solely by the county.

This section is similar to SB 867 (2006).

Section 67.997

This section authorizes Perry County to impose, upon voter approval, a sales tax of up to one-fourth of 1% to equally fund senior services and youth programs. A senior services tax commission must be established to administer the revenue received for senior services. This section contains ballot language and a procedure to repeal the tax.

Section 67.1003

This section authorizes the City of Gladstone to impose, upon voter approval, a transient guest tax of up to 5% on hotel and motel rooms to be used for the promotion of tourism.

Section 67.1181

This section requires political subdivisions that collect and expend tax revenues for advertising and tourism promotion to perform an audit at least every five years if no other statutory auditing requirement exists for such political subdivision. The political subdivision shall pay the actual cost of the audit from the revenues for operating costs. The first audit shall be completed by January 1, 2008.

Section 67.1360

This act allows the City of Sullivan and the portion of the Sullivan C-2 School District located in Franklin County to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels, motels, bed and breakfast inns and campgrounds or docking facilities. The proposed tax must be submitted to the voters and shall not be less than two percent or greater than five percent per occupied room per night.

This section is identical to SB 1101 (2006).

Section 67.1451

This section allows each director of a Community Improvement District Board to be: 1) an owner of real property within the district; 2) a legally authorized representative of a property owner if there are less than five real property owners within the district; or 3) a registered voter within the district. Currently, only Springfield allows a legally authorized representative of a property owner to be a director.

Section 67.1545

This section modifies the sales tax provision for community improvement districts. Under the current law, a community improvement district may, by resolution, impose a sales tax at a rate of 1/8, 1/4, 3/8, 1/2 of one percent. The section allows the sales tax to be imposed in increments of one-eighth of one percent, up to a maximum of one percent.

This section is identical to SB 1056 (2006).

Section 67.2040

This section authorizes Pulaski County to impose, upon voter approval, a sales tax of one-eighth of 1% to fund construction of a women's and children's shelter. The sales tax will expire three years after its effective date unless repealed sooner. This section contains ballot language.

Sections 67.2500 & 67.2510

These sections allow cities, towns, and villages within Clay County, Franklin County, or Jackson County, to form a Theater, Cultural Arts, and Entertainment District. Such counties and St. Charles County may also form such a district. Currently, only municipalities in St. Charles are allowed to form such a district.

Section 67.2715

This section allows the city of Excelsior Springs to issue bonds and levy a sales tax of up to one-half of one percent on all retail sales made within the city for the purpose of constructing, equipping, operating and maintaining a community center for the city. The sales tax revenue shall be collected by the department of revenue which may retain one percent of such revenue to offset the costs of collection. The remaining revenue shall be transferred to the city to be placed into the "City Community Center Trust Fund" created by this act.

This section is identical to SCS/SB 1175 (2006).

Sections 71.790, 71.796, & 71.798

These sections allow Springfield to dissolve special business districts. Any proceeds from the disposal of the assets of the district shall be used by the city in a manner consistent with the purposes of such a district within the former district's boundaries.

These sections are identical to SB 1094 (2006).

Section 72.080

This section requires that all property owners within an area proposed to be incorporated into a city be notified by mail of the proposed incorporation, the date of the hearing, and that a public hearing will be held. The names and mailing addresses of all property owners within the proposed area are required in the petition for incorporation, and must be accompanied by sufficient funds to cover the cost of mailing the notice.

Section 72.418

Currently, certain new cities created cannot establish a municipal fire department if the city was formerly part of an unincorporated area of the county or municipality that was served by a fire protection district. This section allows such cities to impose, upon voter approval, a sales tax of up to 1% for public safety. The issue may be submitted to the voters by the city or fire protection district.

Section 84.160

This section allows St. Louis police officers of the rank of sergeant or above to receive compensatory time off for overtime, court time, or standby court time.

Section 92.500

This section authorizes the City of St. Louis to impose, upon voter approval, a sales tax of up to 0.5% for the operation of public safety departments as well as for compensation, pension programs, and health care for public safety employees and pensioners.

This section is similar to SB 1212 (2006).

Section 94.860

This section authorizes municipalities in St. Louis County to impose, upon voter approval, a sales tax of up to 0.5% for improving public safety to be used solely for equipment purchases, municipal employee salaries and benefits, contractual payments for public safety services, and facilities for police, fire, and emergency medical providers.

Section 94.950

This section authorizes the City of Joplin to impose, upon voter approval, a retail sales tax of up to 0.5% to be used for nonprofit museums and nonprofit organizations that develop, promote, or operate historical locations. This section contains ballot language and a procedure to repeal the tax.

Section 100.050

This section specifies that for industrial development project plans approved after May 15, 2005, in Boone County, reimbursements in excess of the actual costs must be disbursed to each affected taxing entity in proportion to the current ad valorem tax levy of each affected taxing entity, not just the entities in current law.

This section is similar to HCS/HB 1711 (2006).

Sections 105.470 & 105.473

These sections require those persons who lobby elected local government officials in governments with an annual operating budget of over two million dollars to conform to the same reporting requirements as those who lobby state officials.

Section 115.124

Currently, if there is a nonparitsan election and newspaper notice has been published and the number of candidates who have filed is equal to the number of available positions, no election shall be held and the candidates shall assume the duties of their offices as if they were elected. However, the election of a board of trustees of a community college district is exempt from this provision. This section would remove such exemption.

Section 135.084

This section allows Jackson County, through adoption of an ordinance, to allow citizens age 65 or older to defer increases in property tax liability in excess of their tax liability for 2004 for homestead property. The county must, through appropriation, compensate political subdivisions and the state for revenue lost due to such a deferral. The county is allowed to accrue interest upon taxes deferred and may place requirements upon tax deferral as it deems fit through the adoption of an ordinance. Any taxpayer who defers increases in property tax liability shall be ineligible to receive the senior citizen property tax credit or the homestead preservation tax credit in any year in which taxes are deferred or remain unpaid.

Section 137.106

This section modifies the eligibility requirements for properties owned by unmarried people as joint tenants or as tenants in common. If the property is owned by two or more unmarried individuals, each person with an ownership interest must individually satisfy the age or disability requirements for an eligible individual owner, and the combined income of all individuals with an ownership interest must not exceed $70,000. If any one individual fails to satisfy these eligibility requirements, then all individuals with an ownership interest in the property will be deemed ineligible.

This section is similar to SB 630 (2006).

Section 137.115

This section allows the City of Gladstone to levy separate and differing tax rates for real and personal property as long as the city bills and collects its own assessment. The separate and differing rates cannot exceed the city's tax rate ceiling.

Section 137.390

Under current law, county commissions must set the tax rates by August 10th. This section requires the tax rates to be set by county commissions by September 20th.

This section contains an emergency clause.

This section is identical to SB 1016 (2006).

Section 139.031

This section states that any taxpayer, upon total payment of the current tax bill, may protest any part of the taxes assessed against the taxpayer, except taxes collected by the Director of Revenue.

This section provides that any taxing authority may make a request to the county collector to be notified of current taxes paid under protest. Such request shall be in writing and submitted on or before February 1st. The collector shall provide that information on or before March 1st.

Section 162.441

This section establishes a minimum number of 50 voters required to sign a petition to attach a school district to an adjacent seven-director school district.

Section 177.091

This section allows the City of Corder to sell or use property originally acquired from a school district for public use for any purpose after 25 years.

This section is similar to SCS/SB 751 (2006).

Section 190.053

This section requires members of ambulance district boards first elected after January 1, 2007, to complete educational training. The training will be offered by a statewide association organized for the benefit of ambulance districts or approved by the State Advisory Council on Emergency Medical Services. The content of the training must include the duties of the ambulance district director, all ambulance district statutes and regulations, ethics and sunshine laws, financial and fiduciary responsibilities, and laws relating to the setting of tax rates and revenue limitations. If a board member does not receive the required training within one year of taking office, the board member cannot receive an attendance fee until the training is completed.

Section 193.065

This section allows the State Registrar within the Department of Health and Senior Services to appoint a person employed by a city health agency as a local registrar. Currently, a local registrar must be employed by a county health agency.

This section is identical to SB 1177 (2006) & HB 1707 (2006).

Section 206.090

Currently, each voter votes for six directors of the hospital district, divided among six election districts, with one from each election district. Under this section, in Iron County each voter would vote for one director from the hospital election district in which the voter resides.

Sections 228.040, 228.070 & 228.190

These sections allow county commissions, at their discretion, to open a county road. After January 1, 1990, any county road for which the county receives county aid road trust funds for at least five years shall be deemed a "public county road" without the need for further proof. The county highway engineer is no longer required to examine and approve a road or road change before the county commission takes action on the road.

Section 230.220

This section reduces the compensation of county highway commission members who are not also members of the county's governing body from a fixed fee per meeting to an amount set by the governing body plus mileage in counties that have adopted alternative county highway commissions.

Section 247.040

This section requires the five subdistricts of public water supply districts to be compact and contiguous, to contain as nearly as possible an equal number of inhabitants, and to be reapportioned following the decennial census. Currently, these subdistricts only must contain approximately the same area.

This section is identical to HB 1029 (2006).

Section 250.140

Currently, until January 1, 2007, a St. Louis City or Kansas City property owner is only liable for an occupant?s delinquent water or sewer bill for up to 120 days of service. After January 1, 2007, the property owner is only liable for up to 90 days of service.

Under this section, a St. Louis City or Kansas City property owner remains liable for up to 120 days of service when the occupant?s bill is delinquent, but the number of days for which the owner is liable does not be decrease on January 1, 2007.

Sections 260.830 & 260.831

These sections authorize Jasper County, upon voter approval, to impose a landfill fee. For any landfill in any county where a landfill fee has been approved, any contract providing for collections, transportation, and disposal of waste at a fixed fee which is in force on August 28, 2006 shall be renegotiated. Currently, this provision applied to any contracts in existence as of August 28, 2003.

Section 311.070

This section allows a wholesaler to exchange identical or similar products or allow credit against outstanding indebtedness or both for intoxicating liquor with alcohol content of less than five percent by weight or nonintoxicating beer that was delivered in a damaged condition or damaged by an employee of the wholesaler. Wholesalers may not replace breakage that occurred as a result of the retailer or the customers of the retailer.

Section 311.489

A permit for the sale of intoxicating liquor and nonintoxicating beer may be issued to any festival district that includes three or more businesses that are licensed bars, nightclubs, restaurants, or other entertainment venues, and a common area that is closed to traffic. The permit must be held by a promotional association, which is defined as, an entity formed by property owners who own or operate 50% or more of the square feet of bars, nightclubs, restaurants, or other entertainment venues within the proposed district.

The promotional association may obtain a permit if it submits a plan to the governing body of the municipality. The permit shall cost $300 per year. If the plan is approved, the promotional association may sell liquor between 9:00 a.m. and 1:00a.m. on Monday through Saturday and 11:00 a.m. and 12:00 a.m. on Sunday. Customers may leave the establishments within the district and consume in the common areas or other establishments.

If minors are allowed to enter the festival district, the applicant shall ensure that such minors are easily distinguished from persons of legal age. The holder of the permit is responsible for any alcohol violations occurring within the common areas and may be assessed a civil fine of not more than $5,000. If a promotional association is found to be responsible for such violations at three separate events, then such association shall not seek approval for subsequent plans without prior written consent of the Supervisor of Alcohol and Tobacco Control. The association's current plan shall be deemed terminated, and the businesses participating in the association's events shall not participate in activities without written consent from the Supervisor of Alcohol and Tobacco Control.

The provisions of this section shall apply only to Jackson County.

Section 313.820

This section limits the expenditure of funds derived from admission fees for St. Charles City and St. Charles County. The further limitation on the amount of expenditures other than capital, cultural, and special law enforcement purpose expenditures is phased-in over a period of years based upon a percentage of the revenue received from excursion gambling boat admission fees in fiscal year 2007.

This section is identical to SB 561 (2006).

Section 321.162

This section requires members of fire protection district (FPD) boards first elected after January 1, 2007, to complete educational training. The content of the training will be determined by the State Fire Marshal but must include the duties of the FPD director, all FPD statutes and regulations, ethics and sunshine laws, financial and fiduciary responsibilities, and laws relating to the setting of tax rates and revenue limitations. If a board member does not receive the required training within one year of taking office, the board member cannot receive an attendance fee until the training is completed.

Section 321.552

This section authorizes ambulance or fire protection districts in the counties of St. Charles and St. Louis, upon voter approval, to impose a sales tax of up to 0.5% for the operation of the district. The tax must be accompanied by a reduction in the district's tax rate. Currently, the ambulance and fire protection districts in these counties are excluded from the tax authorization.

Ambulance or fire protection districts in St. Louis County imposing a tax under this authorization cannot charge residents a fee for services rendered.

This section defines a "distressed fire protection district" as a fire protection district in St. Louis County with a median household income of 70% or less of the median household income for the county in which the district is located. The "Distressed Fire Protection District Fund" is created which consists of 5% of the sales tax collected through the imposition of a fire protection district sales tax levied in St. Louis County. Each non-distressed fire protection district in the county which approves such a sales tax shall keep 95% of the revenue, while 5% will be deposited into the fund to be distributed annually to all the distressed fire protection districts on a per capita basis.

In St. Louis County, the sales tax revenue shall not be used for salaries and benefits for full-time firefighters or board members of the district. Districts in the county that approve the sales tax shall include the expenditures in their state audit.

Section 321.688

This section establishes a consolidation process for fire protection districts located wholly in Jefferson County upon approval by the voters of a joint resolution within the fire protection districts. The board of directors of a consolidated fire protection district shall have six members and consist of the existing board members until a vacancy occurs and the number of members may be reduced to five. The consolidated district shall levy the same taxes as levied in the district with the lowest tax levy before consolidation.

Section 473.748

This section makes any term or provision in a contract unenforceable if it requires a public administrator who is acting as a guardian to personally pay or guarantee the debt of a ward or protectee.

Section 483.245

This section requires each county to have at least one full-time deputy circuit clerk.

Section 610.010

This section excludes certain personal private information about any individual employed or previously employed by a municipality that is maintained by such municipality from the definition of "public record" for the purpose of the Sunshine Law. However, this section does not exclude an employee or former employee's salary for the definition of a "public record."

Section 650.465

This section requires the removal of all emergency lights, sirens, and decals designating a vehicle as an emergency vehicle prior to selling or consigning the vehicle unless it is being sold directly to another public or private safety agency.

Section 701.450

This section allows St. Louis facilities built for public amusement, including stadiums, one year to comply with the requirement of having an equal number of women's water closets as there are for men if it complies with city codes.

Section 1

This section requires the cities of Rogersville and Springfield to abide by the terms of the November 15, 2005, settlement agreement between the cities relating to involuntary annexation of certain real property located between the two cities.

SUSAN HENDERSON MOORE