HB 69 Modifies various provisions relating to political subdivisions

     Handler: Barnitz

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HB 69 - This act modifies provisions relating to political subdivisions.

Sections 21.750, 99.812, & 252.243

This act repeals the Hunting Heritage Protection Areas Act that was passed in Truly Agreed to and Finally Passed SS/SCS/HCS/HB 327 (2007) and includes the language perfected in SS/SCS/SB 225.

These sections create the Hunting Heritage Protection Areas Act. Subject to all applicable state and federal laws, and any local law in effect as of August 28, 2007, the discharge of firearms for hunting, sport, and other lawful purposes shall not be prohibited in hunting heritage protection areas, which are defined as the 100-year floodplains of the Missouri and the Mississippi Rivers as designated by the Federal Emergency Management Agency.

Certain areas are exempt from these provisions, which are: areas designated as “urbanized areas” according to the 2000 U.S. Census; land used by facilities that are regulated by the Federal Energy Regulatory Commission; land used for the operation of physical ports of commerce and customs ports; land within Kansas City and St. Louis City; and land located within ½ mile of an interstate highway, as such highway exists as of August 28, 2007.

No new tax increment financing (TIF) project may be authorized in a hunting heritage protection area after August 28, 2007, except for the purposes of improving existing flood or drainage protection or for constructing or operating a renewable fuel production facility, provided that no new development results as a result of the projects. TIF projects or districts approved prior to the effective date of this act may make certain modifications.

These sections are identical to SS/SCS/SB 225 (2007) as perfected.

Section 41.655

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

This section is identical to certain provisions of SCS/HCS/HB 135 (2007), SB 502 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Section 50.327

Currently, the salary commission is responsible for the computation of the salaries of county officials. Under this act, the same is true, except when it is necessary to increase the newly elected or reelected county officials' salary in accordance to comply with the Missouri Constitution to comply with current statute.

This section is identical to a provision of HCS/SCS/SB 497 (2007).

Section 50.333

This section removes full-time prosecutors from the county salary commission.

Section 50.565

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

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

This section is similar to SB 44 (2007), HCS/HB 406 (2007), CCS/HCS/SS/SCS/SB 22 (2007), & HB 726 (2007).

Section 50.1250

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

This section is identical to HB 875 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Sections 52.290, 52.312, 52.315, 52.317, 141.150 & 141.640

These sections increase the tax imposed upon delinquent and back tax statements for the collection of such taxes for Jackson County from 2% to 3%.

These sections are similar to SS/SCS/HB 125 (2007), HCS/SCS/SB 497(2007), CCS/HCS/SS/SCS/SB 22 (2007), and HCS/SB 582 (2007).

Section 57.113

This section prohibits a Jasper County sheriff from regularly patrolling the roads located in Joplin that are not county roads without the consent of the governing body of the city. This provision shall not negate a sheriff's power of arrest while present in the home rule city.

Sections 58.451 & 58.720

These sections modify how an individual's place of death is determined. The place from which the individual was first removed is considered the place of death for an individual who is being transferred into this state from another, from one county within this state to another, or who dies while being treated in the emergency room of the receiving facility.

The coroner or medical examiner from the transferring county is responsible for the death certificate and for investigating the cause and manner of death. However, a coroner or medical examiner in the county where the individual actually dies may, upon authorization of the coroner or medical examiner of the transferring county, investigate and conduct postmortem examinations at the expense of the transferring county.

The emergency room staff, coroner or medical examiner where the individual actually dies must immediately notify the proper authorities of the transferring county or state and shall make available information necessary to conduct a death investigation.

If an individual who has been transferred across state or county lines seeking medical treatment dies after being admitted as a patient to a medical facility, the coroner or medical examiner of the county where the individual actually dies or the medical facility must notify the proper authorities of the transferring county of the death.

In the case of death by homicide, suicide, accident, child fatality, or by any unusual or suspicious manner, the investigation of the cause and manner of death shall revert to the county or state of origin. The coroner or medical examiner shall be responsible for the certificate of death.

There shall not be any statute of limitations or time limits on the cause of death when it is the result of the types of death listed above.

Except as provided elsewhere in this act, following the death of an individual, if the body is transferred to another county or state for the purpose of burial, the transferring county is responsible for the death certificate and death investigation.

A coroner or medical examiner shall make reasonable efforts to accommodate tissue as well as organ donation.

Sections 58.500, 58.510, & 473.743

Current law requires unclaimed money or property found upon a deceased person to be delivered to the county treasurer. Under these sections, the public administrator would receive the property. These sections require the public administrator to follow the procedures laid out for taking charge of a deceased person's estate. In addition to other circumstances, the public administrator shall have the duty of taking charge of a deceased person's estate when moneys are delivered to him or her by the county coroner.

These sections are similar to SB 497 (2007), HCS/HB 919 (2007), & CCS/HCS/SS/SCS/SB 22 (2007).

Sections 64.620, 64.890, & 65.677

These sections state that county zoning ordinances of counties of the second and third classification, county planning regulations, and township zoning regulations shall not interfere with public utility services authorized by the board of directors of a rural electric cooperative.

Section 64.940

This section increases the amount of expenditure by the Jackson County Sports Authority that must be competitively bid from $5,000 to $25,000.

This section is identical to a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 66.010

This section permits any charter county to prosecute violations of county ordinances in circuit court or county municipal court, rather than permitting only such counties whose charters authorize the creation of a county municipal court to have either choice. The required operating hours of such a court shall be discretionary for Jackson County.

This section is similar to HCS/SB 516 (2007) & a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 67.048

This section requires county boards that receive county funds and whose members are appointed by the county commission to submit an annual report itemizing their expenditures.

This section is identical to a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 67.320

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

This section is similar to SB 213 (2007) & a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 67.797

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

This section is similar to SB 218 (2007), CCS/SB 223 (2007), HB 361 (2007), HCS/HB 919 (2007), CCS/HCS/SS/SCS/SB 22 (2007).

Section 67.1000

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

This section is similar to a provision of SCS/HCS/HB 795 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Section 67.1181

This section requires political subdivisions that collect and expend tax revenues for advertising and tourism promotion to perform an audit at least every five years if no other statutory auditing requirement exists for such political subdivision. The political subdivision shall pay the actual cost of the audit from the revenues for operating costs. The first audit shall be completed by January 1, 2009.

This section is identical to a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 67.1360

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

This provision of the act is similar to CCS/HCS/SB 81 (2007), SS/HB 205 (2007), HB 595 (2007), HCS/HB 624 (2007), SCS/HCS/HB 795 (2007), HCS/HB 919 & CCS/HCS/SS/SCS/SB 22 (2007).

Section 67.1451

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

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

This section is similar to HCS/HB 919 (2007), HB 1883 (2007), CCS/HCS/SS/SCS/SB 22 (2007) & HB 1178 (2007).

Section 67.1545

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

This section is similar to HCS/HB 919, HB 1183 (2007), & CCS/HCS/SS/SCS/SB 22 (2007).

Sections 67.2500, 67.2505, 67.2510

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

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

These sections are similar to SCS/HCS/HB 795 (2007), HCS/HB 919 (2007), SS/HB 205, CCS/HCS/HB 81 (2007), & CCS/HCS/SS/SCS/SB 22 (2007).

Section 70.220

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

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

This section is identical to a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 70.515 & 70.545

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

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

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

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

This section is identical to HB 1009 (2007), SB 671 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Section 72.080

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

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

Section 79.050

Currently, the term of office for a mayor of a fourth-class city is two years, unless the board of aldermen pass an ordinance to lengthen the term to four years. This allows the board of aldermen to lengthen the term to three or four years. However, in any city with not less than 20,000 inhabitants in St. Louis County the term of mayor shall be four years.

This section is similar to a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 79.370

This section provides that the Board of Aldermen of the City of Peculiar shall have the power, by ordinance, to regulate the terms and conditions of a quarry's operation within its city boundaries.

Sections 84.120 & 84.170

These sections allow the St. Louis Board of Police Commissioners to delegate portions of its jurisdiction to hearing officers. At the discretion of the board, a hearing officer may preside over disciplinary matters, prepare reports to the board, and make recommendations to the board as to the allegations made during a disciplinary matter and the appropriateness of the recommended discipline. These sections outline the process for selecting hearing officers. After a hearing officer is chosen and presides over a matter, such hearing officer shall become ineligible until all hearing officers listed have been utilized, at which time the list shall renew.

The St. Louis Board of Police Commissioners shall retain authority to render a final decision after a review of the evidence and reports of the hearing officer.

Under these sections, persons serving as a reserve officer on August 27, 2001, within a county of the first classification or St. Louis County, having previously completed a minimum of 160 hours of training, shall be granted a license necessary to function as a reserve peace officer within such county.

These sections are similar to SS/SB 654 (2007), HB 923 (2007), SB 1097 (2006), SCS/SB 477 (2007), & SCS/HB 41 (2007).

Section 86.590

This section removes restrictions upon investments by municipal police and fire retirement plans, by deleting language that stated such investments and reinvestments are subject to all limitations and restrictions imposed by law upon life insurance or casualty companies in this state.

This section is identical to a provision of HB 419 (2007).

Section 87.006

This act provides that any condition of cancer which affects certain bodily systems, as well as any condition of cancer which may result from exposure to heat or radiation or to a known or suspected carcinogen, as determined by the International Agency for Research on Cancer, shall be presumed to be suffered in the line of duty for the purposes of computing retirement benefits for firefighters, unless the contrary is shown by competent evidence and it can be proven to a reasonable degree of medical certainty that the condition did not result nor was contributed to by the voluntary use of tobacco. The firefighter must have passed a physical exam within five years prior to the claim.

This section is similar to SB 517 (2007), HB 375 (2007), CCS#2/HCS#2/SB 406 (2007), CCS/HCS/SS/SCS/SB 22 (2007) & SCS/HB 875 (2007).

Sections 89.010 & 89.400

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

These sections are similar to CCS/HCS/SS/SCS/SB 22 (2007), SCS/HCS/HB 795 (2007), HCS/HB 919 (2007), SS/HB 205, & CCS/HCS/HB 81 (2007).

Section 92.500

This section allows the City of St. Louis to put before its voters a ballot measure allowing the city to impose a sales tax, not to exceed one-half of one percent, solely for the purpose of providing revenues for the operation of public safety departments, including police and fire departments.

This section is identical to SB 624 (2007), SCS/HCS/HB 795 (2007), CCS/HCS/SS/SCS/SB 22 (2007) & HB 603 (2007).

Section 94.590

This section allows the City of Springfield, upon voter approval, to impose a sales tax of up to 1% for the purpose of providing revenues to the public safety departments, including police and fire departments, and for pension programs and health care for employees and pensioners of the public safety departments. The money collected shall be deposited into a special trust fund known as the "Public Safety Protection Sales Tax Fund".

Section 94.660

This section modifies the St. Louis City and St. Louis County transportation sales tax contained in Section 94.660. The section provides that the "coupling provision" of Section 94.660, which currently requires both the city and county to approve a transportation sales tax before a transportation sales tax can go into effect in either jurisdiction, shall not apply to any transportation sales tax submitted to and approved by the voters in such city or such county on or after August 28, 2007.

This section is identical to SB 605 (2007), HCS/SCS/SB 497 (2007), CCS/HCS/SS/SCS/SB 22 (2007) & HB 1113 (2007).

Section 94.837

This section allows the cities of Augusta, Carrollton, Chillicothe, Liberty, Miami, Missouri City, and Pleasant Hill to impose a transient guest tax of up to 5%.

This section is identical to a provision of SCS/HCS/HB 795 (2007) & CCS/HCS/HB 81 (2007).

Sections 99.802 & 99.841

These sections prohibit TIF in greenfields and allows no new TIF project authorized in greefield area that is located within St. Louis City or any county subject to the authority of the East West Gateway Council of Governments.

Sections 100.050 & 100.059

These sections specify that for industrial development project plans approved in Boone County, reimbursements in excess of the actual costs must be disbursed to each affected taxing entity in proportion to the current ad valorem tax levy of each affected taxing entity, not just the entities in current law. Notice of such projects in the county shall be provided to all the taxing entities.

These sections are similar to HCS/HB 1711 (2006), CCS/HCS/SS/SCS/SB 22 (2007), HCS/HB 919 (2007), HB 251 (2007), & CCS/SB 233 (2007).

Section 105.483

Current law requires elected officials, candidates for elective office, and certain other officials of a political subdivision with an operating budget of over $1 million to file financial interest statements. This act changes the operating budget floor to those over $2 million.

This section is identical to SB 271 (2007).

Section 105.683

This section provides that any plan, other than the Public School Retirement System of St. Louis City and the Public Education Employee Retirement System of Missouri, whose actuary determines has a funded ratio below 60 percent, and the political subdivision has failed to make 100 percent of the actuarially-required contribution for five successive plan years, shall be deemed delinquent in contribution payments. Such delinquency shall constitute a first lien on the funds of the subdivision, and the board of such plan is authorized to compel payment by writ. The state treasurer shall withhold 25 percent of the total moneys due the subdivision until the delinquency is satisfied.

This section is similar to a provision of CCS#2/HCS#2/SB 406 (2007).

Section 108.170

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

This section is identical to HCS/HB 1011 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Sections 110.130, 110.140, & 110.150

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

These sections are identical to certain provisions of HCS/SCS/SB 497 (2007), HCS/HB 919 (2007), & CCS/HCS/SS/SCS/SB 22 (2007).

Section 137.1040

This section allows the governing body or proper administrative body of any city, town, township, village or county to submit a proposal to the voters of the city, town, township, village or county allowing such municipality to impose a property tax to fund cemetery maintenance. The tax authorized under this act shall not exceed one fourth of one cent per one hundred dollars assessed valuation and shall not become effective until approved by the voters of the city, town, township, village or county.

This section is similar to SB 345 (2007).

Sections 144.030 & 144.062

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

These sections are similar to provisions of CCS/HCS/SS/SCS/SB 22 (2007).

Section 144.054

This act repeals Section 144.054, RSMo, from Truly Agreed to and Finally Passed SS/SCS/HCS/HB 327 (2007) containing a state and local sales tax exemption for energy sources/utilities that are used in the manufacturing process.

Sections 144.757, 144.759, 650.396 & 650.399

Currently, any county or municipality, except those within St. Louis County, may impose a local use tax for economic development and local government services. This amendment would provide that 50% of the tax is to be used for enhancing county and municipal public safety, parks, and job creation, rather than economic development. The remaining 50% shall continue to be used for local government services.

These sections are similar to provisions of CCS/HCS/SS/SCS/SB 22 (2007).

Section 162.431

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

In regard to changing the boundary lines between seven-director school districts, if the potential receiving district obtained a score consistent with the criteria for classification of the district as "accredited" on its most recent annual performance report and the potential sending district obtained a score consistent with the criteria for classification of the district as "unaccredited" on its most recent annual performance report, the board shall approve the proposed boundary change for the educational well-being of the children enrolled in the potential sending district.

This section is identical to a provision of SCS/HB 489 (2007), SS/HB 265 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Section 163.016

The highest dollar value modifier of the counties in which the district has territory shall be used for the school district headquartered in Monroe City.

This section is identical to SCS/SB 456 (2007) & a certain provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 190.053

This section requires members of ambulance district boards first elected after January 1, 2008, to complete educational training. The training shall be offered by a statewide association organized for the benefit of ambulance districts or approved by the State Advisory Council on Emergency Medical Services. The content of the training must include the duties of the ambulance district director, all ambulance district statutes and regulations, ethics and sunshine laws, financial and fiduciary responsibilities, and laws relating to the setting of tax rates and revenue limitations. If a board member does not receive the required training within one year of taking office, the board member shall not receive an attendance fee until the training is completed.

This section is identical to provisions of HCS/HB 919 (2007), HB 162 (2007), & CCS/HCS/SS/SCS/SB 22 (2007)

Section 190.305

This section prohibits Jasper County emergency services board from providing services to Joplin without making an agreement or contracting with the city.

This section is identical to a provision of CCS/HCS/SS/SCS/SB 22 (2007).

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

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

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

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

These sections have an emergency clause and are similar to HB 1122 (2007), CCS/HCS/SS/SCS/SB 22 (2007) & SS/SCS/SB 21 (2007)).

Section 210.861

This section allows for the appointment of a board of directors prior to the establishment of a tax for a Community Children's Services Fund and allows for the board to engage in and contract for services or actions necessary to conduct the duties of the board once it is established. Current law requires the appointment of the board after the tax has been established.

This section is identical to SB 323 (2007).

Section 221.040

A sheriff or jailer is not required to receive or detain a prisoner in custody until the prisoner has been examined by a doctor or medical personnel if the person is unconscious, suffering from a serious illness or injury, or is serious impaired by alcohol or drugs.

This section is identical to a provision of CCS/HCS/SS/SCS/SB 22 (2007), SB 427 (2007), HCS/HB 406 (2007), HB 770 (2007) & CCS/HCS/SS/SCS/SB 429 (2007).

Sections 238.202, 238.207, 238.208, 238.225, 238.230 & 238.275

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

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

These sections are identical to certain provisions of SS/SCS/HCS/HB 327 (2007) as truly agree and finally passed.

These sections are similar to SCS/SB 311 (2007), SS/HB 744 (2007), HB 764 (2007), HCS/SS/SCS/SBs 239, 24, & 445 (2007), & CCS/HCS/SS/SCS/SB 22 (2007).

Section 246.005

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

This section has an emergency clause and is identical to SB 559 (2007) & a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 247.112

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

Section 304.105

This section prohibits trucks registered for a gross weight of more than 24,000 pounds from being operated in the far left lane on an interstate highway having at least three lanes proceeding in the same direction, within 3 miles of where an interstate highway and a three-digit Missouri Route intersect with an average daily traffic count of at least 130,000 vehicles at that point, in St. Charles County. The amendment requires the Missouri department of transportation to design, manufacture, and install any informational and directional signs at the appropriate locations. The lane restriction does not apply when:

(1) It is reasonably necessary for the operation of the truck to respond to emergency conditions; or

(2) The right or center lane of a roadway is closed to traffic while under construction or repair

Section 311.174

This section allows a tax-exempt entity located within a National Historic Register building in a convention trade area in Kansas City, North Kansas City, or Jackson County that holds a license to sell intoxicating liquor by the drink at retail for consumption on the premises to stay open until 6:00 a.m. of the following day. Currently, such an establishment may stay open until 3:00 a.m. of the following day.

This section is similar to HB 1058 & a certain provision of CCS/HCS/SS/SCS/SBs 299 & 616 (2007).

Sections 313.055 & 313.057

Currently, bingo pull-tab card suppliers are required to pay a tax equal to two percent of the gross receipts of the retail sales value charged for each pull-tab card sold in Missouri. This act exempts veterans, service, and fraternal organizations from the tax. This act also exempts veterans' organization property from taxation.

These sections are identical to SCS/HB 915 (2007) & similar to HB 187 (2007).

Sections 320.200, 320.271 & 320.310

These sections define a "fire department" as an agency or organization that provides fire suppression activities. The term fire department shall include any municipal fire department, voluntary fire protection association, or fire protection district.

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

The pertinent fire districts, departments, or associations shall be the sole providers of services within their defined boundaries. Other associations may provide services upon approval by the appropriate governing body and may appeal the decision when denied approval to serve within another boundary.

These sections are identical to certain provisions of HCS/SCS/SB 968, SB 184, HCS/HB 300, CCS/HCS/SS/SCS/SB 22 (2007), and HCS/SCS/SB 47 (2007).

Section 321.688

This section establishes a consolidation process for fire protection districts located wholly in any county of the first classification upon approval by the voters of a joint resolution within the fire protection districts. The board of directors of a consolidated fire protection district shall have six members and consist of the existing board members until a vacancy occurs and the number of members may be reduced to five. The consolidated district shall levy the same taxes as levied in the district with the lowest tax levy before consolidation unless a tax levy is specifically set forth in the ballot language approved by the voters of the consolidating districts, except that the tax levy cannot exceed the highest tax levy of the consolidating districts.

This section is similar to SB 393 (2007) & a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 321.800

Under this section a separate board of trustees shall administer a fire protection district's retirement plan rather than the district's board of directors. The board of trustees shall include the three-member board of directors and two pension plan participants chosen from a list of three such participants by the board of directors.

This section is similar to SCS/HB 875 (2007), HCS/HB 406 (2007), & SB 492 (2007).

Section 392.410

This section removes the expiration date on the provision restricting political subdivisions from providing certain telecommunication services and facilities.

This act is identical to HB 801 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Sections 393.705 & 393.710

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

These sections are identical to a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Sections 393.715 & 393. 720

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

These sections are identical to SB 519 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Section 393.829

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

This section is similar to provisions of SS/SCS/SB 21 (2007), SB 245 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

This section contains an emergency clause.

Section 409.107

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

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

• Providing factual information relating to the bond issuance.

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

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

This section is similar to HCS/HB 784 (2007), SCS/SB 150 (2007), CCS/HCS/SS/SCS/SB 22 (2007) & HCS/HB 919 (2007).

Section 432.070

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

This section is similar to SS/SCS/SB 21 (2007) & CCS/HCS/SS/SCS/SB 22 (2007).

Section 451.040

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

This section is identical to HB 1200 (2007) & a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Sections 479.010 & 479.011

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

This section is similar to HCS/SB 237 (2007) & certain provisions of SCS/HCS/HB 795 (2007)

Sections 644.597, 644.598 & 644.599

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

These sections are identical to SCS/ SB 391 (2007), HB 161 (2007) & a provision of CCS/HCS/SS/SCS/SB 22 (2007).

Section 1

This section authorizes the conveyance of state property in Jackson County to the city of Kansas City.

This section is identical to SB 469 (2007) & HB 235 (2007).

Section 2

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

This section is similar to HB 199 (2007).

SUSAN HENDERSON MOORE


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