HB 1238 (Truly Agreed) Numerous changes concerning urban affairs, taxation and economic programs
Current Bill Summary
- Prepared by Senate Research -

CCS/SCS/HS/HB 1238 - This bill makes numerous changes to the law concerning property, taxation, and local governments.

CLAY COUNTY - Clay County's park rangers are given the powers of state peace officers. This provision is similar to HB 2117. Clay County is also authorized to operate marinas and private marinas are explicitly excluded from the new provisions. This provision is also found in CCS/SB 894 (TAT).

URBAN CLEAN-UP - In a provision similar to one found in HCS/SCS/SB 894 (TAT), this act allows St. Louis and Kansas City, by ordinance, to discharge special tax bills, including costs, if such city determines that doing so will accrue to the public benefit. Kansas City and St. Louis are also given new authorization to prevent and punish unauthorized dumping by ordinance, and to clean up illegally-dumped waste. Similar provisions appear in SCS/HS/HCS/HB 1305, SB 894 (TAT) and in HCS/SB 753. The act also requires that completion of environmental corrective action required by Sections 260.350 - 260.430, RSMo, be verified by the Department of Natural Resources and that a letter certifying compliance be issued. Similar provisions are in SB 894 (TAT).

COMMUNITY COMEBACK TRUST - A "community comeback trust" is established in St. Louis City. This program is substantially similar to one proposed in HB 1606. The Planned Industrial Expansion Authority in St Louis is also reduced from 15 to 5 commissioners via attrition, in provisions similar to those found in SB 894 (TAT) and SCS/HB 1706.

This provision is similar to SCS/HS/HCS/HB 1305 and SB 865.

HOMELESS ASSISTANCE - For purposes of homeless assistance programs in St. Louis City and County, St Charles County, and Jackson County, the definition of "agency" is broadened to allow more entities to participate. A $3 fee on court filings in St. Louis County is authorized to finance housing rehabilitation programs (subject to voter approval). These provisions were also found in SCS/HS/HCS/HB 1305.

HISTORIC STRUCTURES TAX CREDIT - The historical structures rehabilitation tax credit for distressed communities was expanded to include demolition expenses and to allow certain multiple-unit condominiums to qualify. Similar provisions are found in SCS/HB 1706, SCS/HS/HCS/HB 1566 & 1810, and SCS/HB 1305.

PROPERTY TAXES - This act changes the method by which payments of overdue taxes are credited. Payments are to be applied first to delinquent taxes on a particular parcel of land and only then applied to current taxes due. Financial institutions are exempted from this provision when they are paying tax obligations for which they service escrow accounts. This provision is also found in SB 893. This act also authorizes the County Commissions of Clay and Buchanan Counties to establish a Land Trust for disposition or payment of delinquent taxes or liens again such property, and requires a sheriff's sale for delinquent property taxes in charter counties of the first class (St. Charles, St. Louis, and Jackson) to begin at 10 a.m. The court administrator in such sheriff's sales are to be recorded within two years of the sale. These provisions are all also found in SB 894 (TAT) and SB 896 (TAT).

HOUSING - Persons who have violated municipal building or housing codes in charter counties of the first classification (St. Louis, St. Charles, and Jackson) cannot bid on property at a delinquent property tax sale, a provision also found in SB 894 (TAT). Authorization is also given for a sixth commissioner on local housing commissions; federal law requires that one commissioner be a beneficiary of the housing authority. This is also found in SB 557 (TAT). The availability of low-income housing tax credit is also limited to the first ten years the project is in service. This is also in SS/HS/HCS/HBs 1566 & 1810 and SB 1048. For purposes of service of process for housing code violations, landlords in Kansas City and St. Louis are required to register. This provision, also found in SCS/HS/HCS/HB 1305 and HCS/SB 753 and sunsets in 2006.

CITIES - The act allows certain landowners whose land straddles two municipal jurisdictions to elect to be deemed part of the City of Eureka or the city of Wildwood (both in St. Louis County). Cities in any county contiguous with Jackson or St. Louis County (Clay, Ray, Lafayette, Johnson, Cass, St. Charles, Franklin, Jefferson Counties) are authorized, by petition, to annex unincorporated areas. The City of Springfield is authorized to institute a geographical information system akin to that currently authorized for Kansas City (similar to SB 1009).

COUNTIES - County commissions where countywide wastewater treatment facilities are found are required to appoint a five- member board to govern such facilities. This section is also found in SB 868. In St. Charles County, voters are authorized to replace the children service center property tax with a 1/4-cent sales tax for the same purpose. Unincorporated portions of St. Louis County are brought under Chapter 353 for purposes of urban redevelopment, as is also provided by SCS/SB 865.

OTHER PROVISIONS - The bill also authorizes community improvement districts to levy sales taxes, in provisions similar to those found in SCS/HS/HCS/HB 1305 and in SCS/HS/HCS/HB 1566 & 1810. Technical changes are also made to Kansas City's alternative levy for debt service and capital improvements for hospitals, public health, recreation, and museums, clarifying that this levy (at Section 92.031, RSMo) is "independent of" the levy authorized by Section 92.030, RSMo. This provision is also found in SB 894 (TAT). The act also authorizes a new regional research consortia in a distressed community, and allows it to apply for state grants for health research.
DAVID TALLMAN

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