HB 58 Modifies provisions relating to political subdivisions

     Handler: Griesheimer

Current Bill Summary

- Prepared by Senate Research -


CCS/SS/SCS/HCS/HB 58 - This act relates to political subdivisions.

SECTION 44.045 - Under this act, if approved by the state emergency management agency during an emergency declared by the Governor or General Assembly, health care providers may be deployed to provide health care services.

In a declared state of emergency, the Dept. Of Health and the Division of Professional Registration may release otherwise confidential contact, licensure, registration, or certification information relating to health care providers, to agencies to facilitate deployment.

SECTION 44.090 - This act allows the executive officer of any political subdivision to enter into mutual-aid agreements or agreements for reciprocal emergency aid. In time of emergency it shall be the duty of each local organization to render assistance in accordance with the mutual-aid arrangements.

The contracts agreed upon may provide for compensation and other terms. They may be for an indefinite period of time as long as a 60 day cancellation notice by either party. The contracts cannot be entered into for the purpose of reducing staff.

At the time of a significant emergency in the state or another bordering state, the highest ranking official of a political subdivision may render aid to any requesting political subdivision as long as he or she is in compliance with the policies of that jurisdiction. When responding to requests, political subdivisions will be subject to all provisions as if they were providing service in their own jurisdictions.

All political subdivisions, upon enactment of these provisions or an execution of an agreement, are automatically part of the Missouri statewide mutual aid system. A political subdivision can elect to not participate, but it must provide a copy of the resolution doing so to the State Fire Marshal & State Emergency Management Agency.

This act specifies what organizations, people, and other entities shall be considered an emergency response agency.

Under this act, it shall be the responsibility of each political subdivision to adopt the National Incident Management System promulgated by the U.S. Dept. Of Homeland Security. In the event of a disaster beyond the capabilities of a political subdivision, the governing body may request assistance and shall be done within the guidelines of the statewide mutual aid plan.

Any entity or individual that holds license, certificate, or other permit issued by a participating political subdivision or state, shall be deemed to hold such a position in the subdivision requesting assistance. Any political subdivision providing assistance shall receive appropriate reimbursement and such reimbursement must be in accordance with state and federal guidelines.

Applicable benefits normally available to personnel are also available to such persons when an injury or death occurs when rendering assistance to another political subdivision under this section. Responders shall be eligible for the same benefits that may be available to them for line of duty deaths.

All activities performed under these agreements are deemed to be governmental functions. For the purposes of liability, all participating political subdivisions responding are deemed employees of such participating political subdivision.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTIONS 49.093 & 55.160 - This act raises from $250 to $1,000 the value of property for which the county auditor in counties of the first and second classification and the county department officer in counties of the third and fourth classification is required to inventory.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SB 507 (2005).

SECTION 49.272 - This act authorizes the Jasper and Jefferson county commissions to impose by rule, regulation, or ordinance a civil fine of up to $1,000 for each violation of any rule, regulation, or ordinance adopted by the commission.

SECTION 50.343 - This act allows county officials' salaries to be computed on an assessed valuation basis without modifications because of the existence of enterprise zones.

SECTION 50.530 -Under this act, the budget officer:

- In counties of the first classification with more than 100,000 people according to the 1970 census, is appointed by the county commission

- In counties of the first classification with less than 100,000 people according to the 1970 census, is the county auditor

- In Cass County and counties of the second classification, is the presiding commissioner unless the commission designates the county clerk

- In counties of the third and fourth classification, is the county clerk.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & HCS/SCS/SB 260 (2005) & SCS/HB 343 (2005).

SECTION 50.760 - This act requires county commissions without a purchasing agent to estimate county expenditures for supplies for the following year. The commission may authorize the purchase of supplies at a public action. No contract for a purchase is valid until the commission has approved a purchase order for the supplies for which bids were advertised and submitted.

SECTION 50.770 - This act specifies that "supplies" include materials, equipment, and contractual services but excludes regulated utility services.

SECTIONS 50.780 & 50.783 - This act authorizes competitive bids to be waived by the county commission under emergency circumstances or when there is only a single, feasible source for the supplies. A proposed purchase of more than $3,000 for a single, feasible source must be posted and a proposed purchase of more than $5,000 must be advertised.

SECTION 50.784 - This act authorizes the county commission to delegate its procurement authority to county departments provided that the department follows all the laws for purchasing, entering contracts, and keeping records. The delegation may allow the county departments to negotiate the purchase of services. No claim for payment will be certified by the commission unless accompanied by documentation. Any department given procurement authority must keep full and detailed records. Each instance of single feasible source purchasing authority over $5,000 must be specifically delegated by the commission.

SECTION 50.1030 & 50.1031 - As part of the annual review by the Board of Directors of the County Employees? Retirement Fund, the board will determine if having an additional benefit or enhancement which will improve the quality of life for future retirees is feasible.

After the annual review, the Board may vote to make any of the feasible adjustments outlined in Section 50.1030, RSMo, subject to the following guidelines:

• No adjustment can be made until the fund has achieved a funded ratio of assets to the actuarial accrued liability equaling at least 80%. No benefit adjustment shall be adopted which causes the funded ratio to fall more than 5%.

• Adjustment can be made no more than once every 12 months

• Any adjustment within a 12 month period may increase the actuarially determined and required annual contribution as a percentage of payroll no more than 1%

• Adjustments, except for COLA, will apply only with respect to active employees on the effective date of an adjustment.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 52.317 - This act allows the county commission to budget in a common fund for one-time expenditures so that it does not appear in any specific department's or office's budget.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTIONS 54.010, 54.280, 54.320, 54.330, 65.110, 65.160, 65.460, 65.490, 65.600, 136.010, 136.160, 137.465, 137.585, 139.120, 139.350, 139.400, 139.420, 139.430, 139.440, 139.450, 139.460, 165.071, 242.560, 245.205, & 301.025 - Under this act, laws generally applicable to county collectors shall apply and govern county collector-treasurers except when they conflict with law specifically applicable to county collector-treasurer, in which case, such laws shall govern.

This act provides that the treasurer ex officio collector of a county with township organization shall no longer retain such title, and shall instead, assume the office of collector-treasurer on March 1, 2007. Until such date the township collector shall continue to perform the same duties and be subject to the same requirements and liabilities until his or her term expires. On such date though, the township collector shall cease to perform his or her duties and shall promptly deliver to the collector-treasurer, all books, papers, records, and property pertaining to the office. Notwithstanding other provisions of law to the contrary, the collector-treasurer shall obtain and hold the same duties, powers, and obligations previously granted to, and held by, the township collector. The collector-treasurer will also continue to perform the duties of the current "treasurer ex officio collector". Provisions have been made so that the consolidation of the duties of these two positions does not result in conflict.

The county treasurer-collector will continue to be compensated in the same manner as when he or she was the treasurer ex officio collector and will post the same bond. The number deputies and assistants that are needed by a collector-treasurer shall be determined by the collector-treasurer, but he or she shall have no less than one full-time deputy.

This act requires the treasurer-collector to collect a fee of one-half of one percent on all licenses, taxes, and all interest collected in order to be deposited in the county treasury. This money can only be used to complete the mailing of personal property tax statements and receipts.

The fees collected on the total tax levied will be based on a scale and the money will be deposited into the general revenue fund of the county.

This act eliminates provisions directed specifically at township collectors such as their election and requirement to take an oath. It also transfers the powers given to them with regard to collecting taxes to the treasurer-collector. Powers currently given to the treasurer ex officio collector that require interaction with the township collector have been transferred to other county officials such as the county clerk.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 59.005 - This act defines the terms "copying" and "duplicate" in the Recorder of Deeds Chapter.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 59.044 - This act allows the recorder of deeds in most counties (not St. Louis, charter counties, or first classification) to be paid the statutory compensation provided for in Sections 50.333 and 50.334.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 64.215 - This act requires that the county commissioner and county highway engineer, as members of the county planning board, be nonvoting members in Cass County. Currently, these individuals are members on the board with voting power in Cass County.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SB 259 (2005).

SECTION 64.940 - This act requires that any expenditure made by the Jackson County Sports Authority that is over $5,000, including professional service contracts, be competitively bid.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SB 519 (2005).

SECTIONS 65.030, 65.150, 65.180, 65.183, 65.190, 65.200, 65.220, 65.230, 65.300, 65.610, & 231.230 - This act provides that upon petition of 10% of the voters in the last general election, in any county of the third or fourth classification, the county commission must submit the question of adoption of a township organization to the voters. Currently, 100 of the voters must sign the petition. (Section 65.030)

This act requires that a township official must remain a resident of the township for the duration of his or her term. Currently, this section only provides that a person must be a voter and resident of a township in order to be eligible for an office. (Section 65.150)

This act requires a person in a township office, who refuses to serve, to forfeit $100 for the use of the contingent fund. Currently, such person must forfeit $5. (Section 65.180)

This act provides that any person serving as a township official may be removed from the township board by a majority vote of the other board members for failing to attend two or more consecutive meetings of the board. (Section 65.183)

This act requires that any township officer, who must take an oath of office, shall forfeit $100 to the township before taking such oath. Currently, the section requires such individual to forfeit only $20. (Section 65.190)

This act allows a township board to submit recommendations to the county commission to fill vacancies in a township office. Currently, this section allows a township board to fill such vacancies. (Section 65.200)

This act allows the township board to accept written, dated, and signed resignations from township officers. Currently, the section does not provide that the resignation must be written, dated, and signed. (Section 65.220)

This act provides that the township clerk, trustee, and members of the township board must received a maximum amount of $50 per day for the first meeting each month and a maximum of $20 per day for subsequent meetings during the month. Currently, the section provides for a lower amount of pay per day.

This act also provides that the township trustee as ex officio treasurer shall receive a compensation of 2% for receiving and disbursing all moneys for the first $50,000 received as ex officio treasurer. Currently, there is no $50,000 cap on receiving the 2% of compensation.

This act also allows township officials to receive an hourly wage set by the township board but which cannot exceed the local prevailing wage limit. They cannot receive such compensation for attending monthly meetings or for performing duties of the office of treasurer. (Section 65.230)

This act requires the township board to meet on a quarterly basis or more frequently if the board deems it necessary. The meetings must be held at a location in the township that is accessible to the public. Currently, the board meets at the township clerk?s office and on a triannual basis. (Section 65.300)

This act provides that upon petition of 10% of the voters in the last general election, in any county of the third or fourth classification, the county commission must submit the question of abolishing the township organization to the voters. Currently, 100 of the voters must petition. (Section 65.610)

This act requires the township board to present to the county commission a certified statement of the amount of money needed to construct a bridge that costs more than $4500. Currently, such a statement is required if a bridge will cost more than $100,000. (Section 231.230)

These provisions of the act are similar to SB 414 (2005).

SECTION 67.055 - This act provides that any moneys received or collected to fund additional costs incurred by any county office shall be reviewed by the county budget officer when he or she is formulating the annual budget and shall be used solely for the purposes outlined in statute.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 67.459 - This act provides that an improvement cost, assessed by a reasonable assessment plan in a neighborhood improvement district, may include, in the case of condo or equitable owner association ownership, a determination that all units are equally benefited.

SECTIONS 67.469 & 140.150 - This act adds special assessments to the laws for neighborhood improvement districts regarding the collection of property taxes and other local taxes. These assessments are to be collected and assessed in the same manner as other local taxes.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 67.1003 - This act authorizes the City of Maryville to impose, upon voter approval, a transient guest tax of up to 5% on hotel and motel rooms.

This portion of the act is identical to HB 874 (2005) & SS/SCS/HCS/HB 186 (2005).

SECTION 67.1062, 67.1067, 67.1069 & 67.1070 - The act changes the definition of "agency" in Chapter 67, RSMo, to include any entity which provides any service related to homeless persons, rather than just housing-related assistance.

This act also eliminates the provision in Section 67.1067, RSMo, requiring the inclusion of evidence that an agency is a nonprofit corporation when applying for funds to help provide homeless people with services.

Under this act, in order to qualify for funds an agency may be an entity which provides services related to homeless persons or meet the listed requirements. Currently, an agency must meet the listed requirements, which include having a diverse group of trustees and requiring employees to maintain confidentiality.

SECTION 67.1159 - When any tax, interest, or penalty imposed in relation to the St. Charles County Convention and Sports Facilities Authority is not paid when due, the authority may file for record a notice of lien in the recorder’s office. The notice will specify the amount due and the name of the liable person. From the time of filing such notice, the amount of tax shall have the force and effect of a lien against the real and personal property of the business of such person or the facility giving rise to the tax.

Under this act, a lien may be released by filing a release of the lien executed by a duly authorized agent of the authority upon payment or upon receipt of sufficient security, or by final judgment holding such lien to have been erroneously imposed.

Each recorder shall receive statutory fee for the filing of each notice of lien and for each release of lien filed for record. The authority is authorized to collect an additional penalty from each taxpayer equal to the cost of filing a notice of lien or release with respect to such taxpayer.

Any person operating or managing a business or facility who owes taxes, penalty, or interest, or is required to file any report with the authority, must notify, in writing, the authority at least 10 days prior to any sale of the entire business or a major part thereof. The notice includes the name of the business or facility and the owner, the intended date of purchase, and the name of the person purchaser and person collecting the tax. Any person who takes with notice of delinquent tax or noncompliance is considered to be taking subject to any tax, penalty, or interest owed by the seller.

The authority shall have the power to bring a civil action to enjoin the operation of a business or facility, if the business or facility has a tax, penalty, or interest which is unpaid or is violation of the statutes relating to the authority.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SS/SCS/HCS/HB 186 (2005).

SECTION 67.1305 - This section of the act shall be called the "Local Economic Development Empowerment Act".

This section allows the governing body of any city or county to impose, by order or ordinance after voter approval, a sales tax for economic development purposes. The tax shall not be more than ½ of 1 %. Any city or county that imposes a tax under sections 67.1300 or 67.1303 shall not impose this tax.

All sales tax collected pursuant to this section will be collected by the Director of Revenue, less 1% for the cost of collection. The money will be deposited into the "Local Economic Development Empowerment Trust Fund". The director must keep records of the money in the trust fund and the records shall be open to the officers of the city, county, or the public. No later than the 10th day of each month, the director will distribute the money deposited in the trust fund during the previous month to the city or county which levied the tax.

If a city or county abolishes the tax, it must notify the director at least 90 days before the repeal. The director may order retention in the trust fund for a period of one year, of 2% of the amount collected after receipt of such notice of the repeal in order to cover possible refunds or overpayment and redeem dishonored checks. After a year, the director will return the balance to the city or county and close the account.

Revenue generated by this tax cannot be used for retail development projects unless they are for redevelopment of downtown areas or historic projects. At least 20% of the revenue generated by this tax must be used for long-term economic development preparation. No more than 25% of the revenue generated may be used for administrative purposes.

Each city or county imposing this tax must establish an Economic Development Tax Board. The board is for volunteers and shall consist of 5 members for a city and 7 members for a county, appointed by various local entities or officials.

The board, subject to approval of the governing body, shall consider economic development plans, economic development projects, or designations of an economic development area. It shall provide notice and hold hearings. The board will make recommendations to the governing body within 90 days of a hearing and the governing body will then have the final determination on use and expenditure of money from the trust fund. There are specific requirements that projects and plans outside of the city or county must meet in order for the board to make a recommendation to use such trust fund money.

When this tax is imposed within a special taxing district, it shall be excluded from the calculation of revenues available to such districts and no revenues from the tax will be used for the purposes of such district unless recommended by the board and approved by the governing body.

The board must report at least annually to the governing body on the use of the money in the trust fund and on progress of any plan, project, or designation adopted. It must also submit a report each year by March 1 to the Joint Committee on Economic Development.

Any city or county which adopts this sales tax may submit the question of repeal to the voter on any date.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SS/SCS/HCS/HB 186 (2005) & HCS/HB 854 (2005) & HCS/SCS/SB 70 (2005) & CCS/HCS/SS/SB 343 (2005).

SECTION 67.1350 - This act allows Warrensburg to annex areas along a road or highway up to 2.5 miles from the existing city boundaries.

This section is identical to HCS/HB 215 (2005) & HCS/SB 490 (2005).

SECTIONS 67.1401 & 67.1451 - This act redefines the term "owner" in the "Community Improvement District Act". It also allows for each director of a Community Improvement District Board in Springfield to be either: 1) an owner of real property within the district; 2) a legally authorized representative of a property owner; or 3) a registered voter within the district.

In Springfield, if there are less than 5 owners of real property located within a district, the board may be comprised of up to 5 legally authorized representatives of such property owners.

SECTION 67.1754 - This act allows grant proceeds to be used to fund any recreation program or park improvement.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SB 544 (2005).

SECTION 67.1775 & & SECTIONS 210.860 & 210.861

The act modifies some of the ballot language to allow for lawful collection of the revenues derived from the local sales tax. Revenues derived from this tax shall be deposited in the county treasury to the credit of the Community Children's Services Fund to provide funds for counseling and related services to children and youth in the county which will promote healthy lifestyles among children and youth and strengthen families.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SS/SCS/HCS/HB 186 (2005) & is similar to HCS/SCS/SB 238 (2005).

SECTION 67.1809 - This act specifies the jurisdiction of the regional taxicab commission. Under this act, the regional taxicab commission may exercise jurisdiction over any person who engages in the business of transporting passengers in commerce, wholly within the regional taxicab district, in any motor vehicle designed or used to transport not more than eight passengers including the driver.

The jurisdiction of the regional taxicab commission shall not apply to:

(1) Operators who are required to be licensed, supervised and regulated by the state highways and transportation commission. The regional taxicab commission's jurisdiction shall not extend to motor vehicles transporting passengers within the district in interstate commerce, and those interstate operations are subject to the powers of the state highways and transportation commission;

(2) Motor vehicles that are operated exclusively by not-for-profit corporations or governmental entities, whose operations within the regional taxicab district are subsidized, wholly or in part, with public transit funding (federal or state);

(3) Vehicles that transport one or more passengers upon the public highways in a continuous journey from a place of origin within the regional taxicab district to a destination outside the district, or from a place of origin outside the district to a destination within the district, either with or without a return trip to the point of origin.

Every person, partnership or corporation who becomes subject to the jurisdiction of the regional taxicab commission which was previously under the jurisdiction (through permit or certificate) of the state highways and transportation commission is deemed to be licensed, permitted and authorized by the regional taxicab commission, and the vehicles and drivers used by such motor carriers are hereby deemed to be licensed, permitted and authorized by the regional taxicab commission to operate and engage in the transportation of passengers within the regional taxicab district, to the same extent as they were formerly licensed, permitted and authorized by the highways and transportation commission on August 27, 2005. Such motor carriers, drivers and vehicles are exempt from applying for any license, certificate, permit or other credential issued or required by the regional taxicab commission, except that the regional taxicab commission may, after December 31, 2005, require such motor carriers and drivers to apply and pay the regular fees for annual renewals of such licenses, permits, certificates or other credentials, pursuant to uniform requirements applicable to all motor carriers, vehicles and drivers operating within the regional taxicab district.

SECTION 67.1850 - This act extends the authority to all cities and counties in the state to develop geographic information systems and the ability to charge for the use of the systems.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 67.2555 - This act requires any expenditure of more than $5,000 made by the Jackson County executive be competitively bid.

SECTION 71.012 - This act increases the percentage of people that must object to a proposed annexation from 2% to 5% of the qualified voters before additional procedures are required for annexation.

SECTION 71.794 - This act eliminates the requirement that the notice of a hearing for a proposed special business district be sent by registered or certified mail with a return receipt attached.

SECTION 79.600 - This act allows for an unincorporated area of the county that is to be used for a recycling facility to be annexed to Eureka if the municipality and county adopt reciprocal ordinances. The elected officials of Eureka must first receive consent from the property owners of the unincorporated area. They must believe that its in the best interest of the city for the facility to be located in the municipality. The subject parcel shall be considered contiguous and compact with the if it is located within 2 miles of the city by means of railroad line owned property.

SECTION 82.291 - This act extends the expiration date of Section 82.291, RSMo, to August 28, 2010, which makes property owners in Hazelwood liable for removal of all derelict vehicles that are not properly stored if they are deemed to be a public nuisance.

This portion of the act is identical to SB 453 (2005).

SECTIONS 82.301 to 82.305 - This act provides that a neighborhood organization representing persons aggrieved by a code violation may seek injunctive and other equitable relief in the circuit court for abatement of the nuisance upon showing: 1) The notice requirements have been satisfied; and 2) The nuisance still exists and has not been abated.

This act limits when such an action may be brought. It must be at least 60 days after the organization sends notice to the appropriate municipal agency. The action may not be brought if the municipal code enforcement agency has filed an action for equitable relief from the nuisance. Also, it must be at least 60 days after the organization sends notice to the tenant and property owner. If notice by mail is not returned, is refused, or signed for by a person other than the addressee, notice can be given by sending a copy by mail and posting a copy on the property.

This act requires notice to include the nature of the alleged nuisance, the date and time it was first discovered, the location of the nuisance, and the relief sought.

In filing a suit, an officer of the neighborhood organization shall certify to the court that the organization has taken steps to satisfy the notice requirements and ensure that each condition needed for filing has been met.

Under this act, an action may not be brought against an owner of residential rental property unless a notice of violation has first been issued by an appropriate municipal code enforcement agency and remains outstanding after 45 days.

If a violation notice is an essential element of the municipal enforcement action, a copy of the notice signed by an official from the agency shall be prima facie evidence of the facts within the notice. A notice of abatement issued by the agency is evidence that the plaintiff is not entitled to the requested relief.

Under this act, a proceeding must be heard at the earliest date practicable and be expedited.

Nothing in this act may be construed to abrogate any equitable or legal right or remedy otherwise available under the law. This act may not be construed to grant standing for actions challenging zoning applications, involving the interior physical defect of property, or involving a municipal alcohol law.

This provisions of the act are similar to SCS/SBs 134, 135, & 139 (2005).

SECTION 82.1025 - This act grants neighborhoods organizations in the cities of St. Louis, Kansas City, and Springfield and the counties of Platte, Jefferson, Franklin, and St. Louis standing to file nuisance actions against a nearby property owner when the owner fails to maintain his or her property.

SECTION 94.270 - On or after January 1, 2006, St. Peters shall not levy or collect a hotel license fee of more than $1,000. No hotel shall be required to pay a license fee in excess of such amount, and any fee that does so, will automatically be reduced to comply with this section. St. Peters may increase a hotel license tax by 5% per year but the total tax levied under this section shall not exceed 1/8 of 1% of such hotels? gross revenue.

Other cities under this section may increase a hotel license tax by 5% per year but the total tax levied shall not exceed the greater of: 1) 1/8 of 1% of such hotels? gross revenue, or 2) the business license tax rate of such hotel on May 1, 2005. This provision will not apply to any tax levied by a city when the revenue from such tax is restricted for use to a project form which bonds are outstanding as of May 1, 2005.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SS/SCS/HCS/HB 186 (2005).

SECTION 94.700 - This act authorizes a city with a population of 100 or more to levy a transportation sales tax, upon voter approval. Currently, only cities with a population of 200 or more are authorized to levy this tax.

SECTION 94.837 - This act authorizes the cities of Canton, La Grange, and Edina to impose a transient guest tax, upon voter approval, on all hotels and motels within their city limits, which cannot exceed 5% per occupied room per night.

SECTION 94.838 - This act authorizes the City of Lamar Heights to impose, upon voter approval, a room tax of not more than 6% per night and a local sales tax on food of not more than 2%. These taxes will be in addition to any other taxes authorized by law and used solely for capital improvements. The act provides a procedure to repeal the tax.

SECTIONS 99.1080 to 99.1092 - This act creates the "Downtown Revitalization Preservation Program".

A redevelopment plan will include a general description of the program undertaken to accomplish the redevelopment projects and related objectives.

A redevelopment plan may be adopted by a municipality in reliance on findings that a reasonable person would believe: 1) the redevelopment area is a blighted or conservation area and has not been subject to growth through investment by private enterprise, 2) the plan conforms to the comprehensive plan for the redevelopment of the municipality as a whole, 3) generally the estimated dates of completion have been stated, 4) a relocation plan is developed if a business or residence must be moved, and 5) the plan does not include the redevelopment of a gambling establishment.

Before adopting a redevelopment plan, a municipality must provide notice and hold a public hearing. The act provides the procedure that must be followed by a municipality prior to adoption, including when changes are allowed to be made, and how notification must be given. After adoption of an ordinance designating a redevelopment area, another ordinance cannot be adopted altering the exterior boundaries of the area affecting the general land uses established under the plan or project unless a public hearing is held.

A municipality must submit an application to the Dept. Of Economic Development for review and determination to approve of the disbursement of project costs from the Downtown Revitalization Preservation Fund. The application must be forwarded and approved by the Commissioner of Administration. This act sets limits on disbursements from the fund and lays out requirements for the information which must be included in the application.

Redevelopment projects can only receive disbursements from the fund for 25 years. A municipality which receives money from the fund must place it in a separate account from other new revenues within the special allocation fund.

A redevelopment project approved for financing cannot thereafter elect to receive tax increment financing under the Real Property Tax Increment Allocation Redevelopment Act and continue to receive the downtown revitalization financing.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & similar to SCS/HCS/HB 863 (2005).

SECTIONS 100.050 & 100.059 - Under this act, all amounts paid in excess of actual costs for an industrial development project in Franklin County shall be disbursed to each affected taxing entity in proportion to the current ad valorem tax levy of each affected taxing entity. Also, notice of proposed projects must be provided to all the affected taxing entities in Franklin County.

Also, this act requires that information about junior college districts, in addition to school districts, counties, and cities, be included with a project plan for an industrial development project. Junior college districts will also receive the same notification regarding projects as the other listed entities.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SS/SCS/HCS/HB 186 (2005).

SECTION 105.711 - This act adds health care providers, under contract to provide services to patients at county jails, to the list of those who receive coverage under the State Legal Expense Fund.

SECTION 115.013 - This act excludes the city attorney in cities of the third or fourth classification from the definition of "public office" in Section 115.013, RSMo, relating to elections.

SECTION 115.019 - This act authorizes the Cass County Commission to seek the formation of a board of election commissioners in Cass County. Upon majority vote of the Commission, the question of whether to form a board of election commissioners in Cass County shall be placed on the ballot.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SB 257 (2005) & HB 342 (2005).

SECTION 115.348 - Under this act, no person shall qualify as a candidate for elective public office in Missouri, who has been convicted of or pled guilty to a federal felony or misdemeanor.

This act is similar to SB 542 (2005).

SECTION 135.010 & 137.106 - The act:

- Prohibits a claimant from receiving the homestead exemption credit in a year following the year in which the claimant received the property tax credit;

- Extends homestead exemption credit to property owned in trust. The trust may receive a credit, provided the prior owner meets all other requirements and such owners income is imputed to the trust for purposes of determining qualification under the maximum upper limit;

- Creates an exception to the disqualification for improvements made to property which exceed five percent of the prior years appraised value for improvements made to accommodate a disabled person for applications filed after 2005.

The homestead exemption limit for claims filed in 2005 and 2006 shall be based on the increase in tax liability from 2004 to 2005.

An eligible owner who otherwise satisfies the requirements for receiving a homestead exemption shall not apply for the credit more than once during the period ranging from April 1, 2005 to September 30, 2006.

Current law bases the homestead exemption on the increase to tax liability from the prior year. The act moves this back an additional year.

In the event collector of the county determines that an individual is ineligible prior to issuing the credit, the credit shall be void and any corresponding moneys shall lapse to the state to be credited to the general revenue fund.

After 2005, the one-quarter of one percent distributed to the county assessment funds is terminated.

This act is similar to SCS/SB 338 (2005).

SECTIONS 137.071 & 137.122 - For the purpose of setting tax rates, each taxing authority shall exclude from its total assessed valuation, 72% of the total amount of business personal property that is the subject of an appeal at the state tax commission or in a court. This exclusion will only apply to the portion of such property that is disputed in appeal. If the taxing authority uses a multi-rate approach, this exclusion is made from the personal property class.

The state tax commission will provide the total assessed value for which an appeal is pending no later than August 20th each year. Whenever an appeal is resolved and the result causes money to be paid to the authority, such taxing authority shall not be required to make an additional adjustment to its rates during the same fiscal cycle once the deadline for setting rates has passed, but it shall adjust its rates due to such payment in the next rate setting cycle to offset the payment in the next taxable year.

This section defines "business personal property" as tangible personal property used in a trade or business or used to produce income. It has a determinable life of longer than 1 year except that supplies used by a business are considered business personal property. Certain property including, but not limited to, livestock, farm machinery, grain and other crops, property of rural electric cooperatives, property subject to the motor vehicle registration provisions, and property assessed under Section 137.078, RSMo, are excluded from the definition. (Section 137.071)

In order to establish uniformity, each assessor shall use the standardized schedule of depreciation in this section to determine the assessed valuation of depreciable tangible personal property for the purpose of estimating the value of property subject to taxation.

Each assessor will value depreciable tangible personal property by applying the class life and recovery period to the original cost of the property according to the federal Modified Accelerated Cost Recovery System life tables.

The depreciated tangible personal property will continue to have the depreciation factor last listed so long as it is owned or held by the taxpayer, so that the value of the property will remain at such rate.

The estimated value of property determined using the life tables is presumed to be correct, however, such estimation may be disproved by substantial and persuasive evidence of the true value under any method approved by the state tax commission. Such methods include appraisal using accepted techniques in accordance with the Uniform Standards of Professional Appraisal Practice or by proof of functional or economic obsolescence or physical deterioration.

For the purposes of appeal, the salvage of scrap value of depreciable tangible personal property may only be considered if the property is not in use as of the assessment date.

This section of the act shall not apply to business personal property placed in service before January 2, 2006. (Section 137.122)

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & is similar to HCS/HB 461 (2005).

SECTIONS 137.073, 313.800 & 313.820 - This act limits the amount of revenue derived from admission fees for gaming boats St. Charles City may collect after fiscal year 2008 to the percentage of revenue attributable to admission fees for fiscal year 2006. In the case of a new casino, the revenue from such casino will be limited to the average percentage of revenue attributable to admission fees for the first two fiscal years of the casinos operation. All revenue derived from admission fees to gaming boats, by St. Charles City, shall be used exclusively for capital, cultural, and special law enforcement purpose expenditures. Any revenue collected in excess of the limitation provided in this act after fiscal year 2007, will have the effect of rolling back property tax rates. Home dock cities or counties that have rolled back property tax rates to zero or do not levy a property tax are provided with the alternative to offset costs associated with providing certain services to taxpayers or to lower certain other tax rates.

This provision of the act is similar to HCS/SCS/SB 272 (2005).

SECTION 137.078 - This act adds studio broadcast equipment, tower transmission and antenna equipment, and broadcast towers to the property tax depreciation schedules for broadcasting equipment.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & HCS/HB 461 (2005) & HB 806 (2005).

SECTION 137.100 - This act exempts motor vehicles leased for a period of one year to a religious, educational, or charitable organization from taxation for state, county, or local purposes.

This provision is similar to a provision of SS/SCS/HCS/HB 186 (2005).

SECTIONS 137.115, 139.040, 139.055 & 301.025 - This act allows local government officials to accept cash, personal checks, business checks, money orders, credit cards, or electronic transfers of funds for the payment of any city or county tax or license. The local government can charge the person a fee equal to the amount charged to the county or city by the bank, processor, or issuer of the electronic payment.

This act provides that where a political subdivision is contained within two or more counties, and at least one of the counties has opted out of the four tax rate calculation, the act requires the use of the single tax rate as in effect prior to the enactment of House Bill 1150 (2002).

Portions of this provision of the act are similar to provisions of CCS/HCS/SS/SCS/SB 210 (2005) & HB 732 (2005) & HCS/SCS/SB 260 (2005) & SCS/SB 267 (2005).

SECTION 137.130 - This act provides that whenever an assessor or an employee has insufficient information to assess any real property, he or she shall assess the property based upon physical inspection. In order to do so, the assessor or an employee shall have the right to enter into any lands for the purpose of assessing the real or personal property. The assessor may not enter the interior of a structure on any real property for the inspection without permission.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 137.720 - This act changes the calculation of the amount of the transfer of certain county funds. Currently, counties are required to transfer from the county general revenue fund to the assessment fund an amount equal to an average of the three most recent years' payments. The act requires that capital expenditures and equipment expenses identified in a memorandum of understanding signed by the county governing body and the county assessor be deducted from a year's contribution before computing the three- year average.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 138.100 - This act allows a county board of equalization to meet at least once a month for the purpose of hearing allegations or erroneous assessments and other errors. Currently, such a board is required to meet monthly.

SECTIONS 140.150 - This act changes the date at which lands are sold for delinquent taxes from the fourth Monday in August to a day in August to be specified by the county collector and changes the time frame for publishing the list of delinquent lands accordingly.

SECTIONS 190.010, 190.015, & 190.090 - This act also allows the territory in an ambulance district to not be contiguous, but instead, within a 5 mile radius of the other territory contained within the district limits.

Under this act, fire protection districts in St. Louis County may choose to create an ambulance district if:

- The boundaries are congruent with each participating fire protection district?s existing boundaries provided no ambulance district already exists; and

- The dominant provider of ambulance services within the proposed district as of September 1, 2005 discontinues service; and

- The board of each participating district, by a majority vote, approves the formation of the district; and

- The participating fire protection districts are contiguous.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 190.292 - This act specifies that the election of the Warren County Emergency Services Board members is to take place during the first municipal election in a calendar year.

This provision is similar to SB 263 (2005).

SECTION 190.335 - Under this act, in Greene County any emergency telephone service 911 board appointed by the county, which is in existence on the date the voters approve a sales tax, shall continue to exist and shall have the same powers.

SECTION 198.345 - This act authorizes nursing home districts in Marion and Ralls counties to maintain apartments for seniors that provide at a minimum housing, food services, and emergency call buttons. Such nursing home districts shall not lease such apartments for less than fair market rent as reported by the United States Department of Housing and Urban Development.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & HB 344 (2005) & HB 730 (2005).

SECTION 205.010 - Currently, any county may operate a public health center. Whenever the county commission is presented with a petition signed by at least 10% of the voters asking that an annual tax be levied the county shall submit the question to the voters at an election.

In addition to the current method, this act would require the Cass or Cooper County Commission to submit the question of establishing a public health center to the voters if the commission, by a majority vote, chose to do so.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005) & SCS/SB 258 (2005).

SECTION 215.246 - Beginning July 1, 2006, this act prohibits the Missouri Housing Development Commission from awarding grants or loans to the City of Kansas City until the city's governing body implements oversight procedures to review expenditures and development plans for all housing contracts in excess of $100,000.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 217.905 - This act modifies the duties and powers of the Missouri Penitentiary Redevelopment Commission.

Currently, the commission has the power to lease or sell property to developers. This act would allow the commission to hold the proceeds from such transactions outside the state treasury.

This act would remove the commission?s ability to receive rentals or proceeds from the sale of real estate for its lawful activities. However, the commission will continue to receive contributions and money from other sources and will be able to apply for grants or other funding. Under this act, the commission will deposit such funds into the Missouri State Penitentiary Redevelopment Fund.

Under the act, the commission may purchase insurance from the Missouri Public Risk Management Fund and is considered a "public entity", as defined by Section 537.700, RSMo.

The commission shall be a state commission for the purposes of Section 105.711, RSMo, which created the "State Legal Expense Fund". All members of the commission will be entitled to coverage under this fund.

This provision of the act is similar to SB 464 (2005).

SECTION 231.444 - This act allows Worth County, upon voter approval, to levy and impose a tax not to exceed 25 cents per acre on agricultural and horticultural property. The proceeds will be deposited into the "Special Road Rock Fund", which is used to purchase road rock on county roads.

Currently, this statute only applies to Carter, Scotland, Knox, and Schuyler counties.

SECTION 233.295 - This act allows any county to disincorporate special road districts.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTION 246.005 - This act provides that drainage and levee districts shall have 5 years after their corporate charter lapses to reinstate and extend the time of corporate existence by the circuit court.

SECTION 247.060 - This act provides that members of a water supply district will be deemed to have vacated their seats after three consecutive meetings, and in which case, the vacancies will be filled as any other seats would be.

This provision of the act is identical to a provision of CCS/HCS/SS/SCS/SB 210 (2005).

SECTIONS 247.060 & 247.180 - This act requires water supply district board elections to be held in April.

SECTION 249.1150, 249.1152, 249,1154,640.635, 644.076, 701.031, 701.038 & 701.053 - Section 249.1150, RSMo, created the Upper White River Basin Watershed Improvement District, new provisions in this act allow counties to opt out of this district. Opting out of the district can occur with a ballot initiative from at least 20% of the county residents, a vote, and ultimately, a simple majority voting in favor of the opt out. The other option involves the county commission issuing an order to call a county vote on the issue.

Any county, which successfully opts out, shall be allowed to rejoin the Upper White River Basin Watershed Improvement District at any time, through one of two ways; a ballot initiative leading up to a vote or an order issuing a county wide vote on the issue.

Section 249.1154, RSMo, is repealed by this act. New provisions allow the nine counties within the district to opt out of well volume monitoring.

Section 249.1152, RSMo, allowing other counties of the third classification to form watershed improvement districts is repealed by this act.

Section 640.635, RSMo, requiring any person performing an analysis of wastewater to be licensed with the Department of Natural Resources, is repealed by this act.

These provisions of the act are similar to SS/SCS/SB 617 (2005).

SECTION 250.140 - This act adds water supply districts to those entities that may sue landlords or tenants for past due bills less any security deposit amounts and requires those supplier entities to make a good faith effort to notify the property owner when the tenant's sewer or water bill is more than 30 days past due. The owner cannot be held liable for sums due from the tenant for more than 90 days of service, and the water provider cannot be held civilly or criminally liable for terminating service due to the delinquency of the payment. In the cities of St. Louis and Kansas City, until January 1, 2007, owners cannot be held liable for more than 120 days of service and after that date owners cannot be held liable for more than 90 days of service. The water provider cannot be held civilly or criminally liable for terminating service due to the delinquency of the payment. This provision of the act only applies to residences with their own private water and sewer lines.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 263.245 - The act includes Schuyler and Worth Counties in Section 263.245, RSMo, which provides that owners of land in certain counties shall control all brush growing on their property that is designated as the county right-of-way or county maintenance easement part of such property and which is adjacent to any county road.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 278.240 - This act eliminates the requirement that candidates for trustee of a watershed district live within the district.

SECTION 311.087 - Any person acting for a promotional association, who possesses the qualifications and meets the requirements of Chapter 311, RSMo, may apply for and receive an entertainment district special license to sell intoxicating liquor by the drink. The fee for such a license is $300 per year.

Within the limits of Chapter 311, a promotional association may allow people to leave licensed establishments located in the entertainment district with an alcohol beverage and enter other establishments with the beverage. No person can take the drink outside the area designated by the promotional association. The association must ensure that minors are distinguished from others.

Every licensee within the district must serve alcoholic beverages in containers that have the licensee's trade name or logo. The holder of these licenses is solely responsible for alcohol violations.

As defined by this section, an "entertainment district" is any area located in Kansas City that is located in the city's central business district.

"Promotional association" is defined as an association in Missouri, which is organized by one or more property owners within the entertainment district, who own or control not less than 100,000 square feet of the premises designed for lease by bars, nightclubs, restaurants, and other entertainment venues.

SECTION 320.121 - This act allows towns and villages, in addition to cities and counties, to prohibit fireworks.

SECTION 321.120 - This act changes the terms of fire protection district board members in St. Charles County from six years to four years over a period of time.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTIONS 321.190 & 321.603 - This act prohibits fire district board members from being paid more than one attendance fee if such member attends more than one board meeting in a calendar week.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005) & HB 127 (2005).

SECTION 321.220 - This act allows the board of a fire protection district to create an ordinance, rule, or regulation allowing the district to charge individuals, who reside outside of the district, but who receive services within the boundaries of the district, for the actual and reasonable costs of the services received.

This provision of the act is similar to SB 484 (2005).

SECTION 321.222 - This act provides that if a city in Jefferson County or the county adopts, implements, or enforces a residential construction regulatory system, neither fire protection districts nor their boards in Jefferson County shall have the power to adopt, enforce, or implement a residential construction regulatory system. Any system adopted by such a district will be void when the city adopts its own system. No fire protection district shall enact, adopt ordinances or orders that pertain to the subdivision of land for the purpose of residential construction or the construction, installation, and erection of any improvements and utility facilities related to or for the purpose of serving residential construction.

A fire protection district may enter into a contract with a city to assist in the implementation of the residential construction regulatory system of such city, as it relates to fire protection issues so long as the city retains jurisdiction over the implementation and enforcement of such system.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 321.322 - This act provides that Harrisonville will be governed by Section 72.418, RSMo, relating to city reimbursement to the fire protection district.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 349.045 - This act designates the requirements that the board of an industrial development corporation in Lewis County must meet.

SECTIONS 393.015 & 393.016 - This act allows water companies to contract with sewer providers to terminate services for delinquent accounts. The City of St. Louis and St. Louis County are exempted from this provision.

This provision of the bill is similar to SB 415 (2005).

SECTIONS 447.620, 447.622, 447.625, 447.640 - This act lengthens the time from one month to six months that property must be unoccupied before a person can petition to have it declared abandoned.

SECTIONS 473.770 & 473.771 - This act allows certain public administrators to delegate certain duties to a deputy. Specifically, a deputy who is a licensed attorney can execute inventories, settlements, surety bonds, pleadings, and other court documents filed in the name of the public administrator.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005) & SS/SCS/HCS/HB 186 (2005).

SECTIONS 478.570 & 478.600 - This act adds an associate circuit judge position in Cass County on January 1, 2006. There shall be six circuit judges in the 11th judicial circuit. Beginning January 1, 2007, the family court commissioner positions in the 11th circuit shall become associate circuit judge positions. The newly created associate circuit judges in St. Charles may, rather than shall, retain the duties and responsibilities with regard to the family court.

Beginning on January 1, 2007, the drug court commissioner position in the 11th circuit shall become an associate circuit judge position.

This provision of the act is similar to HCS/SS/SCS/SB 144 (2005).

SECTION 488.2220 - This act adds Springfield to Section 488.2220, RSMo, which allows certain cities to provide for additional court costs of up to $5 for municipal ordinance violations.

SECTION 537.600 - This act restores sovereign immunity to Metro and KCATA, provides immunity to state employees for official actions, and removes St. Louis and Kansas City Police Boards from legal defense fund coverage.

This provision of the act is similar to SB 220 (2005).

SECTION 559.607 - This act authorizes municipal courts to contract with a public entity or employ a person to serve as the city's probation officer. Currently, such courts may only contract with a private entity to provide probation services. Persons found guilty of municipal ordinances and placed on probation will be required to pay a service fee to the court to pay for the probation services.

Currently, only cities which do not have probation services for persons convicted of ordinance violations may contract with private entities to provide probation services. This act authorizes any city to contract with a private or public entity or employ a probation officer to provide probation services.

This provision of the act is similar to SB 342 (2005).

SECTION 1 - This act authorizes the Governor to convey state property in Buchanan County.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 2 - This act authorizes the Governor to convey state property in St. Francois County.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 3 - Under this act, the county salary commission in all counties, except charter counties, shall be responsible for the computation of salaries of all county officials provided that any percentage salary adjustments in a county shall be equal for all such officials in that county. The salary schedules in statute shall be set as a base schedule for those county officials, unless the current salary of such officials, as of August 28, 2005, is lower.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 4 - Under this act, Madison County may impose a sales tax for public recreational projects and programs upon voter approval.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005) & SS/SCS/HCS/HB 186 (2005).

SECTION 5 - This act authorizes the Department of Natural Resources to remise, release, and forever quit claim property at Fort Davidson State Historic Park to the City of Pilot Knob. In return, the Department is authorized to receive via quit claim deed another piece of property.

This provision of the act is identical to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 6 - This act authorizes the Governor to convey state property in Cole County.

This provision of the act is similar to a provision of CCS/SS/SCS/SB 210 (2005).

SECTION 7 - This act authorizes the Governor to convey state property in Lafayette County.

SUSAN HENDERSON


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