SB 845 Modifies provisions relating to political subdivisions
Sponsor: Rupp Co-Sponsor(s)
LR Number: 3502L.02C Fiscal Note: 3502-02
Committee: Economic Development, Tourism & Local Government
Last Action: 4/30/2008 - Referred to Rules Committee pursuant to Rule 25(21)(f) Journal Page: H1248
Title: HCS SB 845 Calendar Position:
Effective Date: Varies
House Handler: Schneider

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Current Bill Summary


HCS/SB 845 - This act modifies various provisions relating to political subdivisions.

SECTION 48.030

This section allows a county, after meeting the required assessed valuation, to become a second class county upon a vote of the governing body to change classifications. Currently, a county can only change classifications by a vote of the governing body if it is becoming a first class county; otherwise, the county must be at the required assessed valuation for five years before changing classifications. The effective date of the change in classification shall be at the beginning of the county fiscal year following the election by the governing body.

This section is identical to HCS/SB 820 (2008) & HB 1995 (2008).

SECTION 49.292

Currently, no transfer of title of real property to a county or other political subdivision by donation or dedication shall be valid for recording unless it has been proved or acknowledged. This act specifies that water and sewer line easements shall not be considered transfers of title under this provision and therefore are not subject to such requirements.

This section is identical to HB 1603 (2008) & SB 1033 (2008).

SECTIONS 57.278, 57.280, 488.435, & 650.350

Under this act, the sheriff shall receive an additional $10 fee for service of any civil summons, writ, subpoena or other court order. The money received by the sheriff shall be paid into the county treasury and the county treasurer shall make the money payable to the state treasurer, except in any county with a starting annual salary for deputies of at least $28,000, one-half of the money received by the sheriff shall be paid into a county fund for use of the county sheriff.

The money paid to the state treasurer shall be deposited into the newly created "Deputy Sheriff Salary Supplementation Fund". The money shall be used only to supplement the salaries of county deputy sheriffs. The Missouri Sheriff Methamphetamine Relief Taskforce (MoSMART), housed with the Department of Public Safety shall administer the fund.

SECTION 64.170

Currently, the counties of Clay and Jefferson are authorized, without voter approval, to adopt building and construction regulations; require building permits; license certain building contractors; require inspections; establish and collect fees for permits, licenses, and inspections; and appoint a building commission to oversee these regulations, permits, licenses, and inspections. This section expands that authority to include the adoption of regulations for electrical wiring and installation and the licensing of individuals to make them consistent with the authority granted to all other first and second classification counties.

This section is identical to HB 2380 (2008).

SECTION 67.175

This section authorizes Cass County to impose, upon voter approval, a sales tax of up to 0.5% for the purpose of funding the operation of public safety departments, including police and fire departments, and the communications of the public safety departments.

This section is identical to HB 2150 (2008).

SECTION 67.402

This section adds the counties of Andrew and Buchanan to the list of counties authorized to enact nuisance abatement ordinances regarding the condition of real property.

This section is identical to HSC/HB 1355 (2008).

SECTION 67.1360

This section authorizes the City of Charleston to impose, upon voter approval, a transient guest tax of 2% to 5% per room per night for the promotion of tourism.

This section is identical to HB 1431 (2008).

SECTION 71.012

This section prohibits a city, town or village from annexing land owned by the state that is primarily used for recreation, resource conservation, or natural or cultural resource preservation, if the sole purpose of annexing such land is to allow the city to annex land that is not otherwise contiguous to the city, town or village except through the state-owned land.

SECTION 88.917

Currently, in a city with a population of 300,000 inhabitants any change in the grade of a street shall be declared necessary through a resolution passed by the city's two houses of legislation. Under this act, such change shall be declared necessary through a city ordinance.

This section is identical to HB 2047 (2008) and HCS/SB 1135 (2008).

SECTIONS 89.080, 89.090 & 305.410

Under Sections 305.400 to 305.410 (Airport Zoning Law), cities, towns and villages are prohibited from annexing land located within an airport zone in Greene County. This prohibition does not apply to the city of Springfield which owns the airport. Under this act, a city, town or village may annex land within an airport zone if it enters into an agreement with the City of Springfield to adopt Springfield’s airport zoning ordinance and agrees to enforce and administer such ordinance. If the city, town or village fails to enforce Springfield's airport zoning ordinance, then such political subdivisions shall be subject to various legal remedies (injunction, quo warranto, mandamus, etc.).

Under the act, the powers of the board of adjustment may be vested in a board consisting of members from Springfield board of adjustment and members of the board of adjustment from the city, town or village annexing land located within the airport zone. The concurring vote of eight members of the board is necessary to reverse administrative official decisions or to approve ordinance variations.

This section is identical to HCS/SB 943 & HCS/HB 1888 (2008).

SECTION 89.120

Currently, property owners violating certain zoning regulations in municipalities located in Jackson County shall be fined at least $10 but not more $500, or imprisoned for ten days, for each day of such violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $250 but not more than $1,000, or imprisonment for ten days, for each day of the violation. In all other municipalities, property owners shall be fined at least $10 but not more than $100 for each day of the violation, unless the offense was committed wilfully, in which case, the penalty shall be a fine of not less than $100 but not more than $250, or imprisonment for ten days, for each day of such violation.

Under this act, a property owner in any city with more than 300,000 inhabitants may be fined at least $10 but not more $500, or imprisoned for ten days, for each day of such violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $250 but not more than $1,000, or imprisonment for ten days, for each day of the violation.

In all other municipalities, property owners shall be fined not less than $10 but not more than $250, or imprisoned for ten days, for each day of the violation. For second or subsequent offenses involving the same violation at the same place, the punishment shall be a fine of not less than $100 but not more than $500, or imprisonment for ten days, for each day of the violation.

This section repeals the other version of Section 89.120, RSMo, which was doubly-enacted.

This section is identical to HB 1849 (2008) & HCS/SB 1002 (2008).

SECTION 94.271

This section authorizes the City of Grandview to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promoting tourism. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is identical to SB 1089 (2008) & HB 2126 (2008).

SECTION 94.834

This section authorizes the City of Sugar Creek to impose, upon voter approval, a transient guest tax of up to 5% per occupied room per night for the promotion of tourism.

This section is identical to HB 2115 (2008) and similar to SCS/SB 1209 (2008).

SECTION 94.900

This section authorizes the City of Harrisonville to impose, upon voter approval, a sales tax of up to 0.5% for the operation of public safety departments including expenditures on equipment, city employee salaries and benefits, police facilities, and fire and emergency medical providers.

This section is identical to HB 1867 (2008).

SECTION 94.902

This section authorizes the City of Raytown to impose, upon voter approval, a sales tax of up to 0.5% for the operation of public safety departments including expenditures on equipment, city employee salaries and benefits, police facilities, and fire and emergency medical providers.

SECTION 94.1011

This section authorizes the City of Waynesville to impose, upon voter approval, a transient guest tax of up to 3% on all occupied hotel and motel rooms. The tax must be used to fund the construction, maintenance, and repair of a multipurpose conference and convention center.

This section is identical to HB 1967 (2008).

SECTION 105.452

No elected or appointed official or employee of any political subdivision shall offer, promote, or advocate for a political subdivision in exchange for anything of value to any political subdivision.

This section is identical to HB 2233 (2008).

SECTION 108.250

Under current law, the State Auditor is paid ten cents for each $100 of the face value of bonds registered. This section requires that the fee not exceed $1,500.

This section is similar to truly agreed to and finally passed SS/SCS/SB 944 (2008).

This section has an emergency clause.

SECTION 137.115

This section lowers the assessment percentage for personal property taxation purposes on vehicles necessary for transporting physically disabled individuals from 33.3% to 12%.

This section is identical to HB 2347 (2008).

SECTION 190.054

The current term of the director representing subdistrict six of the St. Charles County ambulance district shall be extended for one additional year.

SECTION 190.056

Under this act, each member of an ambulance district board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

This section is identical to SB 978 (2008).

SECTION 190.094

Under current law, each ground ambulance is required to be staffed with at least two licensed individuals when transporting a patient, except for certain counties which are allowed to have only one licensed emergency medical technician, registered nurse or physician in attendance. This section amends current law to allow this exception for any ambulance licensed in the state staffed with volunteers. A volunteer is defined as an individual who performs hours of service without promise, expectation or receipt of compensation for services rendered, except for a nominal stipend per call to compensate for fuel, uniforms, and training.

This section is identical to SCS/SB 1044 (2008).

SECTION 190.308

No political subdivision shall impose any fine or penalty for calls to an emergency telephone service made from a pay telephone on the owner of the pay telephone or on the owner of any property upon which the pay telephone is located. Any such fine or penalty is hereby void.

SECTION 210.221

This section authorizes the Department of Health and Senior Services to deny, suspend, place on probation, or revoke the license of a child care facility that does not obtain and maintain a license to operate under a local license or permit if required by local law. For facilities that are required to have a local license and the requirements are consistent with, but more restrictive than, the state licensure requirements, the facility must meet the requirements for local licensure in order to be licensed by the state.

This section is similar to HB 2353 (2008).

SECTION 231.444

This section allows, upon voter approval, any county of the third classification without a township form of government with a population of less than 6,000 inhabitants to impose a tax of up to one dollar per acre on agricultural and horticultural property. The proceeds shall be used to purchase road rock for county roads. Currently, only certain counties of the third classification without a township form of government may impose such a tax of up to 25 cents per acre.

This section is identical to certain provisions of SCS/HB 2047 (2008).

SECTION 233.010, 233.155, 233.177, 233.297, 233.317,

These sections modify the methods in which certain special road districts may form, expand or dissolve within counties of the fourth classification.

Under current law, a special road district may be organized within cities and towns containing less than 100,000 inhabitants under sections 233.010 to 233.165, provided the territory of the special road district does not exceed 8 square miles. Under these sections, the 8 mile square territorial restriction on certain city or town special road districts will not apply to special road districts organized with counties of the fourth classification.

Under current law, the boundaries of special road districts may be extended under sections 233.010 to 233.165 if a petition is signed by not less than 35 voters in the old district and not less than 50% of the voters in the territory proposed to be taken into the special road district. These sections modify the amount of signatures required from the voters in the proposed new territory. In the territory proposed to be taken into the special road district, the act requires the petition to be signed by not less than the lesser of 35 voters or 50% of the voters. This proposed modification is not limited by county classification.

In any special road district located in two counties with an additional fourth commissioner appointed by the county outside of the original district, a fifth commissioner may be appointed by the same county that appointed the fourth commissioner. A fifth commissioner shall serve for a term of three years.

Under current law, special road districts that are extended under sections 233.010 to 233.165 may only be extended if the territory does not exceed 17 square miles after its extension. This act removes this restriction with respect to fourth class counties.

This act allows proposed special road districts organized under sections 233.170 to 233.315 to be formed by an election within fourth class counties. Under current law, such special road districts are formed by a petition process in which landowners in the proposed special road district petition the county commission for its creation. These sections allow 50 voters in a proposed special road district to file a petition with the county commission to submit the district's creation to a vote of the people.

These sections provide an alternative method for dissolving a special road district organized under sections 233.170 to 233.315 within fourth class counties. Under current law, a landowner within such a road district may file a petition with the county commission requesting that the road district be dissolved. Under these sections, if a petition requesting the dissolution of the district is signed by 50 voters is presented to the county commission, the county commission shall submit the issue to the voters of the special road district. A petition to dissolve a district may not be presented until the expiration of four years from the date of road district’s establishment or from the date of the last election seeking to expand or dissolve the special road district. A dissolution of a road district shall not effect the validity of any bonds issued by the district nor effect the validity of special assessments or taxes levied against parcels of land within the district.

These sections allow a special road district organized under sections 233.170 to 233.315 to be expanded or extended by election within fourth class counties. Under the act, not less than 35 voters in the old district and the lesser of 35 voters or 50% of the voters in the proposed area to be added to the special road district may petition the county commission to have the expansion issue submitted to the voters.

These sections are similar to SB 896 (2008).

SECTION 242.230, 242.500, 245.020, 245.105, 245.197, & 246.305

Currently, only owners of 25% of the property in certain drainage districts can petition a court for readjustment of the assessment of benefits for the property in the district. These sections allow the district board of supervisors to petition for readjustment for some or all of the property in the district as identified in the petition. These sections also specify that property owners or the board of supervisors in levee districts can petition a court for readjustment of the assessment of benefits for just a particular part of the property in the district as identified in the petition. Drainage districts in St. Louis County are authorized to adopt an alternative procedure with respect to voting rights. All drainage districts are authorized to adopt an alternative procedure for the apportionment of installment taxes after a readjustment of the assessment of benefits.

These sections are similar to HB 1782 (2008) & HCS/SCS/SB 939 (2008).

SECTION 302.341

Currently, if a city, town, or village receives more than 45% of its total annual revenue from fines for traffic violations, all revenue from these violations in excess of 45% must be sent to the Department of Revenue. This section reduces the amount to 35% of the annual general operating revenue, but includes court costs for traffic violations in the amount. Failure to send the excess revenue to the department in a timely manner as determined by the department director may result in the city, town, or village being subject to an annual audit by the State Auditor. The provisions of this section shall become effective January 1, 2010, for municipalities in Jackson County.

This section is identical to HB 1470 (2008).

SECTION 311.060

Currently, a liquor license cannot be denied, suspended, or revoked solely based on the fact that an employee of a licensee has been convicted of a felony unrelated to the manufacture or sale of liquor as long as the employee is not directly participating in retail sales of such liquor. This act would prohibit a liquor license from being denied, suspended, or revoked because of such employee's conviction regardless of whether he or she were involved in retail sales. The act specifies that the rules promulgated by the Division of Alcohol and Tobacco Control may include provisions regarding offenders and the type of employment in licensed establishments in which different offenders may engage.

This section is identical to SB 826 (2008) and similar to HB 2141 (2008).

SECTION 311.489

This section allows any Kansas City festival district's promotional association to obtain a permit to sell intoxicating liquor and nonintoxicating beer for consumption, and to conduct festival events, at the businesses and common areas within such district. The promotional association must submit a plan to the governing body of the city and receive approval in order to obtain the permit issued by the Supervisor of Alcohol and Tobacco Control. The festival district must provide certain information in their plan to the city, including a legal description of the district and its common area, information about participating businesses, the specific calendar of no more than twenty festival events and their times, a description of the proposed festival activities, including street closures, proof of adequate insurance, and a detailed security plan.

Such promotional association may permit customers to leave an establishment within the district after purchasing alcohol and consume the beverage in the district common areas or another establishment, but no person shall be allowed to take a alcoholic beverage outside the festival district boundaries.

If minors are allowed to enter the district, the applicant must ensure they are easily distinguishable from persons of legal age and the method of doing so must be submitted in the plan to the city. The permit holder is solely responsible for any alcohol violations occurring within the common areas. The promotional association may be assessed a civil fine of not more than $5,000 for a violation. If the association is found to be responsible for violations at three separate events, its permit shall be revoked and not reissued.

This section is similar to certain provisions of HCS/HB 913 (2007), SS/SCS/SB 616 (2007), and SCS/SB 1001 (2008).

SECTION 320.302

This section changes the laws regarding the assessment and collection of volunteer fire protection association fee. It authorizes a county, after a request by voter petition and upon voter approval by residents within a volunteer fire protection association's boundaries, to collect association fees by adding the fees to the personal property tax lists. The county will disburse the collected fees to the association. This section also requires the annual assessment of association fees against all owners of property within the association's boundaries. An owner will be assessed once for all unoccupied property and once for all occupied property. This section authorizes, upon association member voter approval, an increase of up to 0.5% in association fees. A proposal to increase fees cannot be submitted for voter approval unless it has been more than two years from the last increase in fees.

SECTION 321.200

This section authorizes fire protection district boards to delegate certain powers and responsibilities to the fire chief and to rescind that delegation upon a majority vote of the board. The powers and responsibilities that may be delegated include the power to enter into contracts, hire personnel, purchase, maintain, receive, and dispose of real and personal property, and manage, control, and supervise all the business and affairs of the district.

This section is identical to HB 2245 (2008).

SECTION 349.045

This section repeals provisions regarding the board of directors of an industrial development corporation in Lewis County and provides for the board in such county to be governed by the standard provisions applying to other corporations.

SECTION 473.745

This section requires the City of St. Louis to provide suitable furnishings for the public administrator and the city supply commission shall purchase necessary supplies for the public administrator. Such supplies shall be approved by the comptroller. All necessary expenses incurred by the public administrator of St. Louis City shall, upon his or her requisition, be approved by the comptroller and paid out of the city treasury.

The public administrator of St. Louis City shall employ necessary deputies and fix their salaries. Such compensation cannot exceed the annual rate of compensation fixed by the board of aldermen. For additional duties imposed by this section, the public administrator may act as trustee or successor trustee when so appointed by the circuit court or the probation division of the circuit court.

This section is similar to SB 1271 (2008).

SECTION 478.466

The Jackson County drug commissioner shall be paid out of the same source as the compensation of all other drug court commissioners in the state, rather than the county antidrug sales tax.

SECTION 546.902

This section allows municipalities in St. Charles County to adopt necessary ordinances for the well-being of the community and enforce such ordinances, except for those governing traffic violations on any roadway, with a fine not to exceed $1,000 or three months of imprisonment. Currently, municipalities in St. Louis County may adopt and enforce such ordinances.

This section is similar to SCS/SB 1018 (2008).

SECTION 644.020

This section prohibits evidence or facts obtained in connection with or for the purpose of developing rules, regulations, standards, permit conditions, or inspecting or investigating any records required to be kept under the Missouri Clean Water Law, or any permit issued under such law, or for the purpose of aiding or enabling any enforcement action, or investigation for the purposes of enforcing any rules or regulations under such act from being used in any manner or introduced in legal or administrative proceedings or investigations unless certain requirements are met.

ERIKA JAQUES AND SUSAN HENDERSON MOORE