SB 22 Modifies laws relating to political subdivisions
Sponsor: Griesheimer
LR Number: 0382S.12T Fiscal Note: 0382-08
Committee: Economic Development, Tourism & Local Government
Last Action: 7/13/2007 - Signed by Governor Journal Page:
Title: CCS HCS SS SCS SB 22 Calendar Position:
Effective Date: August 28, 2007
House Handler: Schneider

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Current Bill Summary


CCS/HCS/SS/SCS/SB 22 - This act modifies the laws regarding political subdivisions.

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.

This section similar to certain provisions of SCS/SB 898 (2006) & HB 1398 (2006).

Section 50.032

This section prohibits a county from receiving state funds unless the county has agreed by ordinance or order to engage in mediation if a dispute arises concerning a financial expenditure between such county and another county as to which is fully responsible or if both counties are partially responsible for paying such expenses.

Costs of the mediation will be shared between the counties involved. Such mediation shall be nonbinding and independently administered. If the counties cannot agree on a mediator, the matter will be resolved by a three-person arbitration panel consisting of a county commissioner selected by each county and one person selected by the selected county commissioners. If a panel is necessary, each county shall jointly and equally bear the expenses. Any decision issued by the panel may be appealed to the circuit court.

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, any current or former employees of the sheriff, prosecuting attorney, and treasurer are excluded.

It also states that money from such fund may be used only for county law enforcement-related expenses, rather than law enforcement-related expenses in general.

This section is similar to HCS/SB 770 (2006), SB 44 (2007), HCS/HB 406 (2007), SS/SCS/SB 69 (2007), HB 726 (2007).

Section 50.660

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

Section 50.1250

Currently, members of the County Employees' Retirement System who terminate employment and have a fund balance of $5,000 or less in their defined contribution account receive a lump sum distribution automatically. This act changes the account balance to $1,000 or less.

This section is identical to HB 875 (2007) and a provision of SS/SCS/HB 69 (2007).

Sections 52.290, 52.312, 52.315. & 52.317

These sections increase the tax imposed upon delinquent and back tax statements for the collection of such taxes for Jackson County from two percent to three percent.

These sections are similar to provisions of SS/SCS/HB 69 (2007), SS/SCS/HB 125 (2007), HCS/SCS/SB 497(2007), and HCS/SB 582 (2007).

Sections 58.500, 58.510, 110.130, 110.140, 110.150, 473.743

Current law requires unclaimed money or property found upon a deceased person be delivered to the public administrator. This act requires the public administrator to follow the procedures laid out for taking charge of a deceased person's estate. In addition to other circumstances, the public administrator shall have the duty of taking charge of a deceased person's estate when monies are delivered to him or her by the county coroner.

These sections change the deadline from April 1 of each year to any date on or before the first Monday of July for county commissions to receive proposals and publicly open bids from banks to be selected as the depositaries of county funds. The provision requiring counties to divide the funds is repealed.

These sections are similar to HCS/SCS/SB 497 (2007) & SS/SCS/HB 69 (2007) and HCS/HB 919 (2007).

Sections 64.940 & 67.2555

These sections increase the amount of expenditure by the Jackson County Sports Authority or the county executive of Jackson County that must be competitively bid from $5,000 to $25,000.

These sections are similar to certain provisions of SS/SCS/HB 69 (2007).

Section 66.010

This section permits any charter county to prosecute violations of county ordinances in circuit court or county municipal court, rather than permitting only such counties whose charters authorize the creation of a county municipal court to have either choice. The Jackson County ordinance regarding the county municipal court may provide for regular sessions of the court in the evening hours after 6:00 p.m. and at locations outside the county seat. Other charter counties are required to have such regular evening sessions.

This section is similar to certain provisions of SS/SCS/HB 69 & HCS/SB 516 (2007).

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.

This section is identical to a provision of SS/SCS/HB 69 (2007).

Sections 67.110 & 137.055

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

These sections are similar to portions of SCS/SB 1140 (2006) & SB 554 (2007).

Section 67.304

This section 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. The governing body may set a minimum age for people soliciting contributions.

This act is similar to SB 1161 (2006), HCS/HB 1119 (2006) & HB 384 (2007).

Section 67.320

Currently, Jefferson County may adopt orders with penal provisions consistent with state law in the areas of traffic violations, solid waste management, and animal control. Under this section, the county would be able to adopt such orders regarding zoning orders, on-site sewer treatment, and county building codes.

This section is similar to SB 1102 (2006), SB 213 (2007), SS/SCS/HB 69 (2007).

Section 67.321

The governing body of any county or municipality shall have the authority to establish an ordinance to allow patrons' pets, except specialty pets within certain designated outdoor portions of public food service establishments. The governing body shall require certain information from the public food service establishments.

Section 67.457

Currently, an alternative form is available to create a neighborhood improvement district when 2/3 of the property owners in the area sign a petition. Under this section, each owner of record of real property located in the proposed district is allowed one signature. Any person, corporation, or limited liability partnership owning more than one parcel of land located in such proposed district shall be allowed only one signature on such petition.

This section is similar to HB 283 (2007) & HB 1221 (2007).

Section 67.463

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

Section 67.797

When a regional recreational district is organized in only one county on land solely owned by the county, the governing body of the county shall have the exclusive control of the expenditures of money in the regional recreational fund. It shall also have control of the public parks, trails, and recreational facilities owned, maintained or managed by the county within the district.

This section is similar to SB 218 (2007), CCS/SB 223 (2007), HB 361 (2007), HCS/HB 919 (2007), SS/SCS/HB 69 (2007).

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. After approval, the county shall enter into an agreement with the Department of Revenue to collect the tax.

This section is similar certain provisions of CCS/SB 233 (2007), CCS/HCS/SB 30 (2007), HCS/HB 1089 (2007), SCS/HCS/HB 795 (2007), HCS/HB 234 (2007), & SS/HB 205 (2007).

Section 67.1000

This section specifies that in Pulaski County, for the purpose of collecting a transient guest tax, the term "transient guest" means a person who occupies a room in a hotel or motel for ninety days or less during any calendar quarter. The act also repeals a duplicate version of this provision enacted in 1998.

This section is similar to SS/SCS/HB 69 & SCS/HCS/HB 795 (2007).

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.

This section is identical to a provision of CCS/SB 233 (2007), HCS/SB 81 (2007), HCS/HB 919 (2007), & HB 271 (2007).

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, 2009.

This section is identical to a provision of SS/SCS/HB 69 (2007).

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 2% or greater than 5% per occupied room per night.

This section allows the City of Hollister to levy a transient guest tax on charged for sleeping rooms paid by guests of hotels, motels, bed and breakfast inns and campgrounds or docking facilities.

Provisions of this section are similar to HCS/SB 81 (2007), SS/SCS/HB 69 (2007), SS/HB 205 (2007), HB 595 (2007), HCS/HB 624 (2007), SCS/HCS/HB 795 (2007), & HCS/HB 919.

Sections 67.1401, 67.1485, 67.1561

These sections change the definition of "per capita" for certain condominiums so the term means one head count applied to the applicable unit owners' association and not to each unit owner for the purposes of the Community Improvement District Act. Districts organized as nonprofit corporations may merge with another district as a nonprofit organization.

This section is similar to HB 1042 (2007).

Section 67.1451

Currently, the law allows each director of a Community Improvement District Board to be: 1) an owner of real property within the district; or 2) a registered voter within the district.

Under this section, if there are fewer than five owners of real property located within a district, the board may be comprised of up to five legally authorized representatives of any of the property owners within the district.

This section is similar to certain provisions of HCS/HB 919 (2007), HB 1883 (2007), & HB 1178 (2007).

Section 67.1545

This section clarifies that a CID election to impose a district sales and use tax is conducted under the CID laws, and not Chapter 115.

This section is similar to HCS/HB 919 (2007) & HB 1183 (2007).

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, 67.2505 & 67.2510

These sections allow cities, towns, and villages within Clay County, Franklin County, Boone County, Jasper 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. Counties, cities, towns, and villages that adopt transect-based zoning may also form such districts. Currently, only municipalities in St. Charles are allowed to form such a district.

These section require a Theater, Cultural Arts, and Entertainment District to be a minimum of 25 contiguous acres in size, rather than 50 acres. This act requires the governing body of the city or county in which a district is proposed to pass a resolution describing the district when a petition for its creation is filed. It specifies that a district may be created to fund and provide infrastructure.

These sections are similar to SS/SCS/HB 69 (2007), SCS/HCS/HB 795 (2007), HCS/HB 919 (2007), SS/HB 205, & CCS/HCS/HB 81 (2007).

Section 70.220

Under this section, any municipality or political subdivision may contract with one or more adjacent municipalities or political subdivisions to share the tax revenues of such cooperating entities that are generated from real property and improvements constructed thereon located within the boundaries of either or both municipalities or political subdivisions and within 3,000 feet of a common border. The purpose of the contract must be within the scope of the powers of the municipalities or political subdivisions.

If any contract or cooperative action entered into under this section is between a municipality or political subdivision and an elective or appointive official of another municipality or political subdivision, the contract must be approved by the governing body in which the official resides.

This section is identical to a provision of SS/SCS/HB 69 (2007).

Section 70.226

This section allows employees of a local public health agency located in counties of the third classification and created by a joint municipal agreement to be eligible for participation in the Missouri Local Government Employees' Retirement System (LAGERS).

This section is identical to HB 1280 (2007).

Sections 70.515 & 70.545

Currently, there is a Kansas and Missouri Regional Investment District Compact. Under this section, if the state of Kansas has not enacted the compact by August 28, 2007, the district shall still be created and shall be entitled the "Missouri Regional Investment District".

This section adds Buchanan County to the list of political subdivisions which are considered regional investment districts. The act also provides the areas of Kansas which will be included in the district if Kansas adopts the compact.

All members of the commission governing the Regional Investment District shall be from a jurisdiction in a state that has adopted the compact.

Currently, counties in the district may, upon voter approval, submit a sales tax not to exceed one-half of one percent to support a regional program for a public transit system. This act removes a provision stating that such a sales tax shall not be levied by any county unless a majority of the qualified electors of at least Johnson and Wyandotte Counties in Kansas and Jackson County in Missouri approve the such a levy.

This section is identical to HB 1009 (2007), SB 671 (2007) & SS/SCS/HB 69 (2007).

Section 71.011

This section adds county assessors to the list of county officials who must receive certified copies of the ordinances effecting a concurrent detachment and annexation of property between municipalities.

This section is identical to HB 459 (2007) & certain provisions of CCS/HCS/SB 30 (2007).

Section 71.012

This section requires county assessors to receive certified copies of annexation ordinances passed by cities, towns, and villages within such county.

This section is identical to HB 459 (2007) & certain provisions of CCS/HCS/SB 30 (2007).

Section 72.080

Any unincorporated village with at least 100 inhabitants or other area may become a village when certain requirements are met, such as there being a sufficient number of the registered voters who signed the petition and the question being submitted to the voters. Currently, only unincorporated cities, towns, and other areas may become incorporated under this section. The term "village" is defined for the purposes of this section.

A city, town, or village shall have perpetual succession and have certain powers, such as the ability to sue or be sued and lease or sell property.

This section is identical to a provision of SS/SCS/HB 69 (2007).

Section 77.020

No election or voter consent shall be required for voluntary annexations or transfers of jurisdiction by third class cities under Chapter 71, RSMo.

This section is similar to a provision of HCS/HB 919 (2007).

Section 78.610

This section removes the requirement that city managers of third class cities must be a city resident, except in counties with a charter form of government. Under this section, the city council shall have the discretion to require the city manager to reside within the city as a condition of employment except in charter counties.

This section is similar to SCS/SB 360 (2007).

Section 79.050

Currently, the term of office for a mayor of a fourth-class city is two years, unless the board of aldermen pass an ordinance to lengthen the term to four years. This allows the board of aldermen, after voter approval, to lengthen the term to two, three, or four years.

Section 79.495

Upon application of a person owning five or more acres in a fourth class city with less than 100 people, the governing body may diminish the city limits by excluding the land without an election if the application is accompanied by a majority of the registered voters of the city, or if no registered voters exist, by parties owning a majority of the land.

Section 87.006

This section provides that any condition of cancer which affects certain bodily systems, as well as any condition of cancer which may result from exposure to heat or radiation or to a known or suspected carcinogen, as determined by the International Agency for Research on Cancer, which results in the total or partial disability or death to a uniformed member of a paid fire department who successfully passes a physical exam within 5 years prior to the time a claim is made, shall be presumed to be suffered in the line of duty for the purposes of computing retirement benefits for firefighters unless the contrary can be shown by competent evidence and it can be proven to a reasonable degree of medical certainty that the condition did not result nor was contributed to by the voluntary use of tobacco.

This section is similar to HB 375 (2007), SB 517 (2007), SS/SCS/HB 69 (2007), CCS#2/HCS#2/SB 406 (2007), & SCS/HB 875 (2007).

Sections 89.010 & 89.400

These sections state that if there is a conflict between the zoning or subdivision ordinances of a municipality that are based upon transect-based zoning and the provisions of any ordinance of another political subdivision with respect to street configuration, the municipality's transect-based zoning ordinances shall prevail over conflicting or more restrictive zoning provisions.

These sections are similar to SS/SCS/HB 69 (2007), SCS/HCS/HB 795 (2007), HCS/HB 919 (2007), SS/HB 205, & CCS/HCS/HB 81 (2007).

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 contains ballot language and provisions for collecting such tax. It also allows for the repeal of such tax upon voter approval.

This section is similar to SB 1212 (2006), SB 624 (2007), SCS/HCS/HB 795 (2007), SS/SCS/HB 69 (2007), & HB 603 (2007).

Section 94.660

This section provides that the “coupling provision of section 94.660" (requires both the city and county to approve a transportation sales tax before a transportation sales tax can go into effect in either jurisdiction) shall not apply to any transportation sales tax approved by the voters in such city or such county on or after August 28, 2007.

This section is identical to SB 605 (2007), SS/SCS/HB 69 (2007), HCS/SCS/SB 497 (2007), & HB 1113 (2007).

Section 94.875

This section changes the distribution of the revenue received from tourism transient guest taxes for cities with a population of 7,500 instead of 1,500, so forty percent of such taxes collected may be transferred to such city's general revenue fund and the remaining thirty-five percent may be used for city capital improvements, pursuant to voter approval.

This act also repeals Section 94.875 that contained in truly agreed to and finally passed SS/HB 205 (2007).

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 99.847

Under this section, no new TIF project shall be authorized in an area located in St. Charles County and which is also designated flood plain, unless the redevelopment area actually abuts a river or a major waterway and is substantially surrounded by contiguous properties with residential, industrial, or commercial zoning classifications.

This section is similar to a provision of SCS/SB 20 (2007).

Sections 100.050 & 100.059

These sections specify 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. Notice of such projects in the county shall be provided to all the taxing entities.

These sections are similar to HCS/HB 1711 (2006), SS/SCS/HB 69 (2007), HCS/HB 919 (2007), HB 251 (2007), & CCS/SB 233 (2007).

Section 108.170

This section authorizes certain public entities to enter into agreements to modify the payment terms for bonds in certain situations based on changes in interest rates and the purchase price of fuel, electricity, natural gas, and other commodities.

This section is identical to HCS/HB 1011 (2007).

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.

This section is similar to HB 270 (2007).

Section 139.055

This section allows public water supply districts to accept payment by credit card or electronic transfers of funds and charge a fee for such service.

This section is similar to a provision of SS/SCS/HB 69 (2007).

Section 141.150 & 141.640

These sections increase the tax imposed upon delinquent and back tax statements for the collection of such taxes for Jackson County from two percent to three percent.

These sections are similar to provisions of SS/SCS/HB 69 (2007), SS/SCS/HB 125 (2007), & HCS/SCS/SB 497 (2007).

Sections 144.030 & 144.062

These sections makes purchases by the Jackson County Sports Complex Authority tax exempt.

Section 144.030, RSMo, also exempts trailers used by common carriers from certain local sales taxes regardless of whether it is used in interstate commerce.

Section 144.062, RSMo, makes purchases after June 30, 2007 by MoDOT or the state highways and transportation commission tax exempt for construction, repair, or remodeling.

These sections are similar to CCS/HCS/HB 30 (2007), HB 248 (2007), SB 610 (2007), HCS/HB 768 (2007), HCS/SCS/SB 52 (2007), SB 199 (2007), HCS/SCS/SB 104 (2007), HCS/SS/SCS/SBs 239, 24, & 445 (2007) & SS/SCS/HB 69 (2007).

Section 162.431

This section provides that questions of changes to the boundaries of school districts shall be submitted at the next election, rather than the general municipal election.

This section is similar to certain provisions of SCS/HB 489 (2007) & SS/HB 265 (2007).

Sections 163.011 & 163.038

These sections grant school districts, located at least partially within a county, an additional payment equal to the decrease, if any, in the amount the district receives from fines in the current year from revenue the district received in fiscal year 2005.

These sections are identical to SCS/SB 456 (2007).

Section 163.016

For any school district located in more than one county and whose headquarters are located within Monroe City and located in more than one county, the county signified in the school district number shall be the county in the district with the highest dollar value modifier.

This section is similar to a provision of SS/SCS/HB 69 (2007), HB 109 (2007), HCS/HB 1089 (2007), CCS/HCS/SB 30 (2007).

Section 182.015

This section authorizes a procedure by which the existing boundaries of a county library subdistrict may be expanded and the existing subdistrict tax rate shall be imposed, upon voter approval, in the expanded area.

This section is similar to HB 93 (2007) & HCS/HB 919 (2007).

Section 190.052

This section changes the term of office for a person who is appointed to fill a vacancy on an ambulance district board from until the next annual election of board members to the remainder of the unexpired term of the replaced board member.

This section is similar to HB 937 (2007) & a provision of HCS/HB 919 (2007).

Section 190.053

This section requires members of ambulance district boards first elected after January 1, 2008, to complete educational training. The training shall 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 shall not receive an attendance fee until the training is completed.

This section is similar to certain provisions of SS/SCS/HB 69 (2007), HCS/HB 919 (2007), HB 162 (2007).

Section 190.305

This section requires the Jasper County emergency services board to provide such services to a city located in more than one county only after making an agreement or contracting with the municipality, provided any agreement or contract in effect on January 1, 2006, shall continue until such time as a successor agreement or contract is entered into by the board and city and such agreement or contract is to provide services for a period of three or more years.

This section is identical to a provision of SS/SCS/HB 69 (2007).

Sections 204.600, 204.602, 204.604, 204.606, 204.608, 204.610, 204.612, 204.614, 204.616, 204.618, 204.620, 204.622, 204.624, 204.626, 204.628, 204.630, 204.632, 204.634, 204.636, 204.638, 204.640, 204.650, 204.652, 204.654, 204.656, 204.658, 204.660, 204.662, 204.664, 204.666, 204.668, 204.670, 204.672, 204.674 -

These sections Establish notice and procedural requirements for the formation of a new reorganized common sewer district and the conversion of an existing common sewer district into a reorganized common sewer district. Once established, a reorganized common sewer district will have all the powers and authority of a common sewer district established pursuant to Chapter 204 or Chapter 249, RSMo.

For new districts, incorporation must be approved by two-thirds of the voters in the district unless the petitioners seeking formation specify that the organization is without the authority to issue general obligation bonds. In that case, incorporation must only be approved by a simple majority of the voters in the district. Property owners with land contiguous or reasonably close to a reorganized district may petition the board to become part of the reorganized district.

To convert an existing common sewer district into a reorganized common sewer district, a petition must first be filed with the governing body of the district for a determination that the reorganization is in the best interest of the district. The bonded indebtedness and security interests of creditors of any common sewer district which converts to a reorganized common sewer district cannot be affected by the conversion. Reorganized sewer districts cannot levy taxes or issue general obligation bonds unless authorized by voters. Reorganized sewer districts may also establish sanitary sewer improvement areas and impose assessments and user fees on the property benefitted by the improvement project

These sections are similar to HB 1122 (2007) & SS/SCS/SB 21 (2007).

Section 205.563

This section authorizes the governing body of Kingsville to impose, upon voter approval, an annual real property tax, not to exceed thirty-five cents per year on each one hundred dollars assessed valuation, to fund the construction, operation and maintenance of a community health center.

This section is similar to SCS/SB 365 (2007).

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.

This section is identical to SB 298 (2007) & HB 895 (2007).

Section 221.040

This section provides that sheriffs and jailers are not required to take custody of a prisoner from an arresting officer until that prisoner has been examined by a physician or medical personnel if he or she appears to be unconscious, suffering from a serious illness or injury, or is seriously impaired by drugs or alcohol. The prisoner will be responsible for the cost of the examination.

This section is similar to a provision of HCS/SS/SCS/SB 429 (2007), HCS/HB 406 (2007), HB 770 (2007), & SB 427 (2007).

Section 226.527

When a legally erected billboard exists on a parcel of property, a local zoning authority shall not adopt or enforce any ordinance, order, rule, regulation, or practice that eliminates the ability of a property owner to build or develop property or erect an on-premise sign solely because a legally erected billboard exists on the property.

This section is similar to SS#2/SCS/SB 129 (2007), SS/HB 744 (2007), HCS/SCS/SB 45 (2007), HCS/SCS/SB 52 (2007), HCS/SB 130 (2007) & SB 231 (2007).

Section 228.110

This section allows certain charter county residents to petition for vacating certain roads.

This section is similar to HB 1188 (2007).

Section 228.190

In litigation where the subject of a public road is at issue, an exact location of the road is not required to be proven. Once public road is determined to exist, judge may order a survey to be conducted to determine exact location of the public road and charge the costs of the survey to party who asserted public road exists.

Section 235.210

Currently, two-thirds of the property owners within a proposed area must submit a petition to a street light maintenance district board asking to be annexed to the district. The secretary of the board shall publish notice of the proposed annexation and the board shall hold a hearing in order to hear the petition and any written objections. If the petition is granted, the board shall make an order to such effect.

Under this section, a petition for annexation shall be signed by property owners who own not less than 10% of the parcels of property within the area proposed for annexation. The petition shall be filed with the county clerk in which the district is situated and shall be addressed to the county commission. A hearing shall be held regarding the proposed annexation petition as soon as reasonably possible. If the county commission finds at the hearing that the petition is in compliance with the provisions of this section, they shall order the question to be submitted to the voters within the proposed area of annexation and within the district.

If a majority of the votes cast on the question in the district and in the area described in the petition, respectively, are in favor of the annexation, the county commission shall by order declare the area annexed and shall describe the altered boundaries of the district. A copy of the order of the commission shall be filed within the county recorder. If a majority of the votes cast on the question in the district and in the area described in the petition, respectively, are not in favor of the annexation, such area shall not be declared annexed. No such question shall be resubmitted to the voters sooner than 12 months from the date of submission of the last question.

This section is identical to SB 264 (2007).

Sections 238.202, 238.207, 238.208, 238.220, 238.225, & 238.275

These sections modify several provisions of law relating to transportation development districts. These sections modify the definition of "qualified electors" to mean residents within a proposed district registered to vote and property owners who shall receive one vote per acre. The definition provides that any registered voter who is also a property owner must choose to vote as an owner or a registered voter. These sections make a technical change to what a transportation development petition must contain. The law currently provides that the petition must contain a proposal for funding a district, with a request that the funding proposal be submitted to the qualified voters residing in the proposed district. These sections require the TDD petition to set forth the estimated project costs and the anticipated revenues to be collected from the project. These sections remove the word "residing" since that term is inconsistent with the portion of the TDD law that allows districts to be formed where there are no residents in the proposed district. These sections provide for the deannexation of property from a transportation development district but only with the unanimous consent of the property owners and the removal of such property will not materially affect the obligations of the district. These sections modify the process for submitting TDD plans to the state highways and transportation commission. The act provides for preliminary approval of a project by the commission. After such preliminary approval, the district may impose taxes and assessments. These sections provide for the speedier transfer of a TDD project to the commission or local transportation authority provided the recipient consents. For the purposes of determining board members of TDDs, owners of real property within the district and their legally authorized representatives shall be deemed residents. For business organizations and other entities owning property within the district, individuals legally authorized to represent business organizations shall be deemed residents.

These sections are similar to SCS/SB 311 (2007), SS/SCS/HB 69 (2007), SS/HB 744 (2007), HB 764 (2007), HCS/SS/SCS/SBs 239, 24, & 445 (2007).

Section 238.230

This section authorizes a TDD to establish different classes or subclasses of real property within a district for purposes of levying differing rates of special assessments, depending upon the level of benefit derived by each class or subclass from projects funded by the district.

This section is similar to SCS/SB 311 (2007), SS/SCS/HB 69 (2007), SS/HB 744 (2007), HB 764 (2007), HCS/SS/SCS/SBs 239, 24, & 445 (2007).

Section 246.005

This section allows levee districts to have ten years after the lapse of the corporate charter in which to reinstate and extend the time of the corporate existence.

This section is identical to SB 559 (2007).

Section 247.060

This section modifies the length of term for directors of public water supply districts elected in 2008, 2009, and 2010, due to a change in the date of their election from June to April in statute.

This section is identical to SB 419 (2007) & certain provisions of SCS/HCS/HB 795 (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, 2007 shall be renegotiated. Currently, this provision applied to any contracts in existence as of August 28, 2003.

Section 302.010

This section adds a definition of "residence address" for purposes of chapter 302, regulating drivers' and commercial drivers' licenses.

This section is similar to provisions of SS/HB 744 (2007), HCS/SS/SCS/SBs 239, 24, & 445 (2007), HCS/SCS/SB 52 (2007), HCS/SCS/SB 104 (2007) .

Section 320.097

Upon approval of the board of aldermen, no fire department employee shall be required to reside within a fixed area of the department if the only public school district available to the employee is or has been unaccredited or provisionally accredited in the last five years of the employee's employment. No employee of a fire department who has not resided in such fire department's fixed and legal boundaries, or who has changed such employee's residency, shall be required to reside within the boundaries if the school district subsequently becomes fully accredited.

This section shall be in effect unless the voters of St. Louis vote to supersede this section by September 1, 2008. In addition, any employee who resides outside the city will forfeit one percent of his or her salary for the time the employee is not living in the city to offset any lost revenue for the city.

Sections 320.106 & 320.146

This section reduces the distance from any fuel dispenser that fireworks can be manufactured, stored, or sold from 100 feet to 50 feet.

These sections are similar to HB 303 (2007) & HCS/HB 919 (2007).

Sections 320.200, 320.271, 320.300 & 320.310

These sections define a "fire department" as an agency or organization that provides fire suppression activities. The term fire department shall include any fire protection district or voluntary fire protection association, or other agency engaging in this type of activity.

Under these sections, all fire protection districts, volunteer fire protection associations, and fire department must complete and file a fire department registration form with the State Fire Marshal with 60 days after January 1, 2008 and annually thereafter. The state Fire Marshal may issue an identification number to each registered entity and conduct periodic reviews of the information provided on the registration forms.

These sections require volunteer fire protection associations to identify their boundaries and file them with the county, rather than allowing them to do so. Any volunteer fire protection association is prohibited from encroaching upon or including any portion of another fire department's legally established boundaries.

Except for state agencies, fire protection districts, municipal fire departments, and volunteer fire protection associations shall be the sole providers of services within their defined boundaries. Other associations may provide services upon approval by the appropriate governing body and may appeal the decision when denied approval in circuit court.

These sections are similar to HCS/SCS/SB 968, SB 194, HCS/HB 300, SS/SCS/HB 69 (2007), and HCS/SCS/SB 47 (2007).

Section 321.130

This section provides that fire protection district board members must reside in the district. If a board member is no longer a resident of the district, his or her seat is deemed vacant and must be filled according to statutory procedures.

This section is similar to HB 416 (2007) & HCS/HB 919 (2007).

Section 321.162

This section requires members of fire protection district (FPD) boards first elected after January 1, 2008, 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 shall not receive an attendance fee until the training is completed.

This section is similar to HB 162 (2007) & certain provisions of HCS/HB 919 (2007).

Section 321.688

This section establishes a consolidation process for fire protection districts located wholly in any county of the first classification 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 unless a tax levy is specifically set forth in the ballot language approved by the voters of the consolidating districts, except that the tax levy cannot exceed the highest tax levy of the consolidating districts.

This section is similar to SB 393 (2007) & a certain provision of SS/SCS/HB 69 (2007).

Section 392.410

This section removes the expiration date of August 28, 2007, on the provision restricting political subdivisions from providing certain telecommunication services and facilities.

This section is similar to HB 801 (2007) & a certain provision of SS/SCS/HB 69 (2007).

Sections 393.705 & 393.710

These sections provide that joint municipal utility commissions can enter into joint contracts to form other joint municipal utility commissions.

This section is similar to a provision of SS/SCS/HB 69 (2007).

Sections 393.715, 393.720 & 393.740

These sections specify that a joint municipal utility commission's statutory power to fix, maintain and revise fees, rates, rents, and charges for functions, services, facilities, or commodities provided by the commission shall constitute the power to tax under the Missouri Constitution.

These sections are identical to SB 519 (2007) & certain provisions of SS/SCS/HB 69 (2007).

Sections 393.825 & 393.900

These sections requires any nonprofit sewer company or nonprofit water company to provide a copy of the company's articles of incorporation and bylaws to the Department of Natural Resources to ensure statutory compliance. The Department shall review the documents and provide authorization if all requirements are met. If all requirements are not met, the Department shall inform the company of all deficiencies and assist in curing the deficiencies. Such companies shall provide a copy of all subsequent modifications to ensure continued compliance. If all statutory requirements are not met, the Department shall provide a thirty-day period to cure the deficiencies. If the deficiencies are not cured, the Department may suspend or revoke the nonprofit sewer or water company's authority to provide service until the deficiencies are cured.

Section 393.829

This section authorizes a non-profit sewer company to provide the same services as provided by a non-profit water company in areas not within the boundaries of a public water supply district or within the certificated area of a water corporation.

This section is similar to provisions of SS/SCS/SB 21 (2007), SB 245 (2007)& a provision of SS/SCS/HB 69 (2007).

Sections 393.847

This section prohibits any nonprofit sewer company or nonprofit water company from being eligible to obtain a construction or operating permit unless a waiver from all affected political subdivisions is obtained for a site where a municipality, county, public sewer district, or public water supply district operates a wastewater treatment system or a connection to a wastewater treatment system is required by a municipal or county ordinance.

Section 393.933

This section prohibits any nonprofit water company from being eligible to obtain a construction permit or a permit to dispense unless a waiver from all affected political subdivisions is obtained for a site where a municipality, county, or public water supply district operates a water system or a connect to a water system is required by ordinance.

Section 409.107

Currently, investment firms, law firms offering bond counsel services, or persons having interest in such firms are barred from being involved in the issuance of bonds authorized by an election in which the firm or person made any contribution in support of the bond election.

This act narrows the restriction to include only direct or indirect financial contributions. Such contributions do not include:

• Providing factual information relating to the bond issuance.

• Responding to questions and making presentations at public forums relating to the bond issuance

• Participating in any meeting subject to the open meetings law.

This section is similar to HCS/HB 784 (2007), SCS/SB 150 (2007), SS/SCS/HB 69 (2007) & HCS/HB 919 (2007).

Section 432.070

This section removes the provision in existing law that requires the City of St. Charles to provide written notice 2 years in advance of the City's intent to discontinue sanitary sewer service to homes connected to such service after January 1, 2003.

This section is similar to SS/SCS/SB 21 (2007) & provisions of SS/SCS/HB 69 (2007).

Section 451.040

This section repeals the three-day waiting period to receive a marriage license from the recorder of deeds.

This section is similar to certain provisions of SS/SCS/HB 69 (2007) & HB 1200 (2007).

Section 479.010 & 479.011

These sections allow Kansas City to establish, by order or ordinance, an administrative adjudication system for adjudicating parking and other civil, nonmoving municipal code violations. Currently, the City of St. Louis may establish such a system.

These sections are similar to HCS/SB 237 (2007) & certain provisions of SCS/HCS/HB 795 (2007).

Sections 644.597, 644.598 & 644.599

These sections authorize the Board of Fund Commissioners, in addition to the amounts authorized prior to August 28, 2007, to issue an additional $10 million in bonds for water pollution control, improvement of drinking water systems, and storm water control projects; an additional $10 million in bonds for rural water and sewer grants and loans; and an additional $20 million in bonds for grants and loans for storm water control in counties of the first classification and St. Louis City.

These sections are similar to HB 161 (2007), SB 391 (2007) & provisions of SS/SCS/HB 69 (2007).

Section 650.340

This section revises the continuing educational training requirements of 911 telecommunicators from 16 hours in a two-year period to 24 hours every three years. The reporting period shall run concurrent with the existing continuing education reporting periods for Missouri peace officers.

This section is identical to HB 634 (2007), SB 574 (2007) HCS/HB 406 (2007), & CCS/HCS/SS/SCS/SB 429 (2007).

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 the involuntary annexation of certain real property located between the two cities.

This section is similar to HB 199 (2007).

Section 2

Beginning January 1, 2008, all trucks with a registered gross weight of 24,000 pounds or more shall be prohibited from driving in the far left lane within 3 miles of the intersection of I-70 and Missouri Route 370 except in emergency situations or during road construction or repair. The Department of Transportation will provide and install informational and directional signs where appropriate. Violations of this prohibition range from an infraction to a class A misdemeanor.

Section 3

The Governor is authorized to convey state property in Jackson County to the City of Kansas City.

This section is identical to SB 469 (2007).

Section 4

In each transportation development district in which a sales tax has been imposed or increased under certain provisions, every retailer shall prominently display the rate of the sales tax imposed or increased at the cash register area.

Section 5

This section allows fire protection districts in Douglas County to impose a sales tax of up to 1%.

SUSAN HENDERSON MOORE