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SCS/SB 22 - This act modifies the laws regarding political subdivisions. Section 41.655 Current law authorizes Johnson County to plan and zone an area surrounding a military base located in the county, provided that the county has a zoning commission and a board of adjustment. This section removes the requirement that the county must have such a commission and board. Johnson County is authorized to adopt and enforce airport hazard area zoning regulations that are substantially similar to current airport zoning and regulation laws, with certain variances from the current laws. This section similar to certain provisions of SCS/SB 898 (2006) & HB 1398 (2006). Section 50.032 This section prohibits a county from receiving state funds unless the county has agreed by ordinance or order to engage in mandatory mediation if a jailer determines that a prisoner needs medical care or attention after being relocated from another county jail and a dispute arises between the counties regarding which county is responsible for the costs of such care. Costs of the mediation will be shared between the counties involved. If the counties cannot agree on a mediator, the matter will be resolved by a three-person mediation panel. Such mediation shall be nonbinding and independently administered. Any decision issued by a mediator or panel may be appealed to the circuit court. Section 50.565 This section provides that current or former county elected officials and current or former employees of the county commission shall not be appointed to the board of trustees that supervises the county law enforcement restitution fund. Currently, any current or former employees of the sheriff, prosecuting attorney, and treasurer are excluded. It also states that money from such fund may be used only for county law enforcement-related expenses, rather than law enforcement-related expenses in general. This section is similar to HCS/SB 770 (2006). Section 50.660 This section eliminates the requirement of advertising for county contracts or purchases involving an expenditure of less than $6,000. Section 64.907 This section allows any political subdivision subject to EPA rules concerning storm water discharges to adopt rules necessary to comply with the federal rules, rather than only counties. Any such political subdivision is authorized to establish a storm water control utility to administer the rules and a tax, upon voter approval to be used for storm water control. Section 67.048 This section requires county boards that receive funding from the county treasury and whose members are appointed by the county commission to submit an annual report each fiscal year itemizing expenditures. Sections 67.110 & 137.055 These sections require political subdivisions to provide additional information to taxpayers before the public hearing held prior to the setting of tax rates. These sections are identical to portions of SCS/SB 1140 (2006). Section 67.145 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 involuntary annexation of certain real property located between the two cities. Section 67.304 This section allows the governing body of any municipality or county to authorize an organization to stand in a road to solicit charitable contributions. Any organization must file a written application no later than 11 days before the solicitation. The section specifies what information must be provided in the application. The governing body may require the applicant to obtain a permit or pay a reasonable fee. It may also require proof of liability insurance or set a minimum age requirement for persons soliciting. Solicitation collections shall only be conducted at intersections controlled by electronic signal lights or by four-way stop signs. This section is similar to SB 1161 (2006) and HCS/HB 1119 (2006). Section 67.319 This section creates the "Political Subdivision Construction Bidding Standards Act". Contracts for construction by any political subdivision shall be advertised and bids solicited and awarded in compliance with any federal, state, and local law specifically targeted at such political subdivision. If a political subdivision is not covered by a specific federal, state, or local law, it shall comply with the advertising and bidding requirements outlined in this section when soliciting bids and awarding contracts of $25,000 or more. Contract for construction shall be advertised in advance of the acceptance of bids for a minimum of five days in an area newspaper, with the first ad appearing at least 30 days in advance of the stated deadline for acceptance of bids. For contracts for over $100,000, bids shall also be advertised by providing information to at least one organization which regularly provides information to construction contractors. Ads and solicitations must include the submission deadline. Unless otherwise specified by law, a contract shall be awarded to the lowest responsible bidder. However, the political subdivision may reject the low bidder based on the bidder's failure to provide a performance or payment bond, nonperformance on previous contracts, or other reasons specified as to the bidder's inability to adequately perform the contract. The reason for rejection shall be provided to the bidder within 5 business days of the rejection. No construction contract shall be awarded in violation of certain requirements, including opening bids in advance of the advertising deadline, accepting bids that are unwritten, accepting bids after the advertised deadline, and failing to hold bids confidential. A person submitting a bid, or who would have submitted a bid except for violations, may seek equitable relief and monetary damages for monetary losses. Electronic bidding shall be allowed if it meets the standards of confidentiality. Nothing in this section shall require acceptance of a bid which exceeds the amount estimated by the political subdivision for the contract. Section 67.320 Currently, Jefferson County may adopt orders with penal provisions consistent with state law in the areas of traffic violations, solid waste management, and animal control. Under this section, the county would be able to adopt such orders in any area covered by the county's ordinances. This section is similar to SB 1102 (2006) & SB 213 (2007). Section 67.410 Currently, when a building commissioner or other designated officer issues an order to demolish, clean up, or repair property, the property owner must pay a special tax for the costs bill unless the demolition or repair is completed by a contractor and the contractor files a lien against the property. The property owner may pay the tax bill over the course of ten years. Under this section, when an order to demolish, clean up, or repair property is issued, the costs shall be included in a special tax bill or added to the annual real estate tax bill. Such bill shall be collected in the same manner as other real estate taxes, rather than over a ten-year period. If the costs are not paid, the tax bill is considered delinquent. The option for a contractor to file a lien is repealed. Section 67.463 This section requires the Boone County collector to collect a fee for collection of certain property assessments. Section 67.797 This section authorizes the governing body of Boone County to have exclusive control over the expenditures and operation of a regional recreational district located only in Boone county on land owned solely by the county. This section is similar to SB 867 (2006) & SB 218 (2007). Section 67.997 This section authorizes Perry County to impose, upon voter approval, a sales tax of up to one-fourth of 1% to equally fund senior services and youth programs. A senior services tax commission must be established to administer the revenue received for senior services. This section contains ballot language and a procedure to repeal the tax. After approval, the county shall enter into an agreement with the Department of Revenue to collect the tax. This section is similar to SB 233 (2007). Section 67.1003 This section authorizes the City of Gladstone to impose, upon voter approval, a transient guest tax of up to 5% on hotel and motel rooms to be used for the promotion of tourism. Section 67.1158 Currently, the St. Charles County Convention and Sports Facilities Authority has the authority to impose a tax on the charges for all sleeping rooms paid by transient guests within the county. This section provides a formula to calculate the amount of charges for sleeping rooms paid by transient guests to determine the room tax. This section is identical to SB 356 (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. 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 2% or greater than 5% per occupied room per night. This section is identical to SB 1101 (2006) & Sb 81 (2007). Section 67.1451 This section allows each director of a Community Improvement District Board to be: 1) an owner of real property within the district; 2) a legally authorized representative of a property owner if there are less than five real property owners within the district; or 3) a registered voter within the district. Currently, only Springfield allows a legally authorized representative of a property owner to be a director. Section 67.2040 This section authorizes Pulaski County to impose, upon voter approval, a sales tax of one-eighth of 1% to fund construction of a women's and children's shelter. The sales tax will expire three years after its effective date unless repealed sooner. This section contains ballot language. Sections 67.2500, 67.2505 & 67.2510 These sections allow cities, towns, and villages within Clay County, Franklin County, or Jackson County, to form a Theater, Cultural Arts, and Entertainment District. Such counties and St. Charles County may also form such a district. 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. Section 67.2505, RSMo, requires a Theater, Cultural Arts, and Entertainment District to be a minimum of 25 contiguous acres in size, rather than 50 acres. It specifies that a district may be created to fund and provide infrastructure transportation projects, rather than any type transportation project. (Page 64) Section 71.011 This section adds county assessors to the list of county officials who must receive certified copies of the ordinances effecting a concurrent detachment and annexation of property between municipalities. This section is identical to HB 459 (2007). Section 71.012 This section requires county assessors to receive certified copies of annexation ordinances passed by cities, towns, and villages within such county. Section 72.080 This section requires the governing body of a city to notify property owners within an area proposed for incorporation within the city of the proposed incorporation and the date of the public hearing about such incorporation at least 30 days prior to the hearing. The names and mailing addresses of all property owners within the proposed area are required in the petition for incorporation, and must be accompanied by sufficient funds to cover the cost of mailing the notice. After the hearing is held, if the governing body determines that the incorporation is in the best interest of the unincorporated area, it may submit the question to the voters. Section 78.610 This section removes the requirement that city managers of third class cities must be a city resident. Under this section, the city council shall have the discretion to require the city manager to reside within the city as a condition of employment. This section has an emergency clause. This section is identical to SCS/SB 360 (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. Section 92.500 This section authorizes the City of St. Louis to impose, upon voter approval, a sales tax of up to 0.5% for the operation of public safety departments as well as for compensation, pension programs, and health care for public safety employees and pensioners. This section contains ballot language and provisions for collecting such tax. It also allows for the repeal of such tax upon voter approval. This section is similar to SB 1212 (2006). Section 94.950 This section authorizes the City of Joplin to impose, upon voter approval, a retail sales tax of up to 0.5% to be used for nonprofit museums and nonprofit organizations that develop, promote, or operate historical locations. This section contains ballot language and a procedure to repeal the tax. Sections 100.050 & 100.059 These sections specify that for industrial development project plans approved after May 15, 2005, in Boone County, reimbursements in excess of the actual costs must be disbursed to each affected taxing entity in proportion to the current ad valorem tax levy of each affected taxing entity, not just the entities in current law. Notice of such projects in the county shall be provided to all the taxing entities. This section is similar to HCS/HB 1711 (2006). Section 110.150 Currently, the county commission must publicly open bids to select depositaries for all public funds at noon on the first day of the April term. This section does not require such process to begin at noon, rather at any time on the first day of the April term. Section 135.084 This section allows Jackson County, through adoption of an ordinance, to allow citizens age 65 or older to defer increases in property tax liability in excess of their tax liability for 2005 for homestead property. The county must, through appropriation, compensate political subdivisions and the state for revenue lost due to such a deferral. The county is allowed to accrue interest upon taxes deferred and may place requirements upon tax deferral as it deems fit through the adoption of an ordinance. Any taxpayer who defers increases in property tax liability shall be ineligible to receive the senior citizen property tax credit or the homestead preservation tax credit in any year in which taxes are deferred or remain unpaid. This section requires a county allowing deferral of property taxes to notify the Department of Revenue of all taxpayers opting to defer increases in property tax liability. Section 137.115 This section allows the City of Gladstone to levy separate and differing tax rates for real and personal property as long as the city bills and collects its own assessment. The separate and differing rates cannot exceed the city's tax rate ceiling. 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. Section 206.090 Currently, each voter votes for six directors of the hospital district, divided among six election districts, with one from each election district. Under this section, in Iron County each voter would vote for one director from the hospital election district in which the voter resides. This section is identical to SB 298 (2007). Section 250.140 Currently, a St. Louis City property owner is only liable for up to 90 days of service when an occupant is delinquent more than 90 days on his or her water or sewer bill. As of the effective date of this section, a St. Louis City property owner shall only be liable for one hundred twenty days of service when an occupant is delinquent more than one hundred twenty days on his or her water or sewer bill. This section contains an emergency clause. This section is similar to SCS/SB 9 (2007). Sections 260.830 & 260.831 These sections authorize Jasper County, upon voter approval, to impose a landfill fee. For any landfill in any county where a landfill fee has been approved, any contract providing for collections, transportation, and disposal of waste at a fixed fee which is in force on August 28, 2007 shall be renegotiated. Currently, this provision applied to any contracts in existence as of August 28, 2003. Section 320.097 No fire department shall require any employee, as a condition of employment, to reside within a fixed area of the fire department if the only public school district available to the employee within such area is a public school district that is or has been unaccredited or provisionally accredited in the last five years of such employee's employment. No employee of a fire department who has not resided in such fire department's area, or who has changed residency because of aforementioned conditions, shall be required to reside within the area of the fire department if the school district later becomes fully accredited. Section 321.162 This section requires members of fire protection district (FPD) boards first elected after January 1, 2008, to complete educational training. The content of the training will be determined by the State Fire Marshal but must include the duties of the FPD director, all FPD statutes and regulations, ethics and sunshine laws, financial and fiduciary responsibilities, and laws relating to the setting of tax rates and revenue limitations. If a board member does not receive the required training within one year of taking office, the board member shall not receive an attendance fee until the training is completed. Section 321.688 This section establishes a consolidation process for fire protection districts located wholly in Jefferson County 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. This section is identical to SB 393 (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 salaried firefighters. Sections 393.825 & 393.900 These sections requires any nonprofit sewer company or nonprofit water company to provide a copy of the company's articles of incorporation and bylaws to the Department of Natural Resources to ensure statutory compliance. The Department shall review the documents and provide authorization if all requirements are met. If all requirements are not met, the Department shall inform the company of all deficiencies and assist in curing the deficiencies. Such companies shall provide a copy of all subsequent modifications to ensure continued compliance. If all statutory requirements are not met, the Department shall provide a thirty-day period to cure the deficiencies. If the deficiencies are not cured, the Department may suspend or revoke the nonprofit sewer or water company's authority to provide service until the deficiencies are cured. Sections 393.847 This section prohibits any nonprofit sewer company or nonprofit water company from being eligible to obtain a construction or operating permit unless a waiver from all affected political subdivisions is obtained for a site where a municipality, county, public sewer district, or public water supply district operates a wastewater treatment system or a connection to a wastewater treatment system is required by a municipal or county ordinance. Section 393.933 This section prohibits any nonprofit water company from being eligible to obtain a construction permit or a permit to dispense unless a waiver from all affected political subdivisions is obtained for a site where a municipality, county, or public water supply district operates a water system or a connect to a water system is required by ordinance. Section 537.610 This section provides that the liability of the state or its public entities and any officer or employee thereof that arises from the operation of a motor vehicle, or from causing or contributing to cause a dangerous condition of property, shall be limited to two million dollars for a single occurrence, and limited to no more than three hundred thousand dollars for any one person for a single occurrence. The maximum allowable recovery for these types of claims shall also be reduced by any amount paid towards the claim by the state, its entities, or anyone acting on their behalf. The section also provides that the state or its public entities are vicariously liable to the operator of the motor vehicle, and if the operator is found to be immune from liability, the state or its public entities shall also have no liability. This section is similar to SB 78 (2007). SUSAN HENDERSON MOORE
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