House Committee Substitute

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 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 mediation if a dispute arises concerning a financial expenditure between such county and another county as to which is fully responsible or if both counties are partially responsible for paying such expenses.

Costs of the mediation will be shared between the counties involved. Such mediation shall be nonbinding and independently administered. If the counties cannot agree on a mediator, the matter will be resolved by a three-person arbitration panel consisting of a county commissioner selected by each county and one person selected by the selected county commissioners. If a panel is necessary, each county shall jointly and equally bear the expenses. Any decision issued by the panel may be appealed to the circuit court.

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. If the salary commission votes to decrease the compensation of a county official, a 2/3 vote or more of all the members of the salary commission shall be required before the salary of any county official shall be decreased below the compensation being paid for the particular official on the date the salary commission votes, and all officials shall receive the same percentage decrease.

Section 50.332

Currently, each county officer, except in charter counties, may contract with the governing body of any municipality located within such county to perform the same type of duties for such municipality as such county officer is performing for the county. Under this act, officers of St. Louis City are prohibited from entering such a contract. Also, the compensation paid by the municipality shall only be paid directly to the county, rather than to the county or the county officer.

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.

Sections 52.290, 52.312, 52.315. & 52.317

The act increases the tax imposed upon delinquent and back tax statements for the collection of such taxes for Jackson County from two percent to three percent.

Sections 58.500, 58.510, 110.130, 110.140, 110.150, 473.743

Current law requires unclaimed money or property found upon a deceased person be delivered to the public administrator. This act requires 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 monies are delivered to him or her by the county coroner.

These sections changes 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 similar to SCS/SB 497 (2007).

Sections 64.940 & 67.2555

These sections increase the amount of expenditure by the Jackson County Sports Authority or the county executive of Jackson County that must be competitively bid from $5,000 to $25,000.

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 Jackson County ordinance regarding the county municipal court may provide for regular sessions of the court in the evening hours after 6:00 p.m. and at locations outside the county seat. Other charter counties are required to have such regular evening sessions.

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 67.304

This act 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 act 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. The governing body may set a minimum age for people soliciting contributions.

This act is similar to SB 1161 (2006) and HCS/HB 1119 (2006).

Section 67.319

This section creates the "Political Subdivision Construction Bidding Standards Act". This act shall apply to contracts for construction awarded by political subdivisions and public governmental bodies. 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 $10,000 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) and is identical to 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 allows the Boone County collector to collect a fee for collection of certain property assessments.

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).

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.

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 SCS/HB 69

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 67.1016

This section authorizes any second, third, or fourth classification county to impose a transient guest tax, upon voter approval, on all hotel or motel sleeping rooms within the county. The tax shall not be more than one cent per room, per night, and must be used for the promotion of tourism within the county. Counties which impose the tax must establish a five-member tourism commission. The section specifies the membership of the commission and the term of each commissioner.

This section is similar to HCS/HB 624 (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 act 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 allows the City of Hollister to levy a transient guest tax on charged for sleeping rooms paid by guests of hotels, motels, bed and breakfast inns and campgrounds or docking facilities.

Provisions of this section are similar to SB 81 (2007) & SB 679 (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.

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.

Sections 67.1461

This section authorizes new construction in blighted areas in Community Improvement Districts.

This section is similar to HCS/HB 919 (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 (2007).

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, 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.

This act requires 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/HB 69 (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.

Section 70.226

This section allows employees of a local public health agency located in counties of the third classification and created by a joint municipal agreement to be eligible for participation in the Missouri Local Government Employees' Retirement System (LAGERS).

This section is identical to BH 1280 (2007).

Section 70.515

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 and shall 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 the 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).

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

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 77.020

No election or voter consent shall be required for voluntary annexations or transfers of jurisdiction by third class cities under Chapter 71, RSMo.

Section 78.610

This section removes the requirement that city managers of third class cities must be a city resident. Under this act, 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).

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, after voter approval, to lengthen the term to two or four years. However, in any city with not less than 20,000 inhabitants in St. Louis County the term of mayor shall be two or four years.

Section 84.330

This section states that St. Louis police officers shall not be considered agents of the city. Such officers are and shall remain employees of their board of police commissioners. No cause of action shall lie against such cities for any tort or alleged breach of the law committee by such officers.

Section 87.006

This section 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, which results in the total or partial disability or death to a uniformed member of a paid fire department who successfully passes a physical exam within 5 years prior to the time a claim is made, shall be presumed to be suffered in the line of duty for the purposes of computing retirement benefits for firefighters unless the contrary can be 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.

This section is similar to HB 375 (2007) and SB 517 (2007).

Section 88.832

No city of the third classification that imposes a storm water usage fee based on the runoff rate of storm water on impervious surfaces shall impose such user fee on property owned by any church, public school, nonprofit organization, or political subdivision.

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 transect-based zoning ordinances shall prevail over conflicting or more restrictive zoning provisions.

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 94.660

This section provides that the “coupling provision of section 94.660" (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 approved by the voters in such city or such county on or after August 28, 2007.

This section is identical to SB 605 (2007).

Section 94.870

This section allows all municipalities in Pemiscot County to impose, by ordinance or order, a transient guest tax for accommodations paid at hotels, motels, condos, campgrounds, and tourist courts at a rate not to exceed 4%.

Section 94.875

Tourism transient guest taxes may be used by the political subdivision for constructing, maintaining, or operating convention or tourism facilities, rather than being required to be used for such purposes. Also, 25% of such taxes is no longer required to be used for tourism marketing and promotional purposes.

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.

Section 99.847

Under this section, no new TIF project shall be authorized in an area located in St. Charles County and which is also designated flood plain, unless the redevelopment area actually abuts a river or a major waterway and is substantially surrounded by contiguous properties with residential, industrial, or commercial zoning classifications.

Section 99.1200

This section creates the distressed areas land assemblage tax credit program, administered by the department of economic development. Tax credits issued under the distressed area land assemblage tax credit act, are non-refundable, fully transferrable income, corporate franchise, and financial institutions, tax credits. Tax credits issued under the act will be equal to fifty percent of the acquisition costs for the land, and one hundred percent of the interest costs. The tax credit program is capped at one hundred million dollars and the total amount of tax credits issued annually is limited to twelve million dollars.

This section is similar to certain provisions of SS/SCS/HCS/HB 327 (2007).

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.

These sections are similar to HCS/HB 1711 (2006).

Section 105.452

No person shall offer any financial inducement in exchange for appointment to any municipal office.

Section 105.971

This section providing disclosure requirements for persons attempting to influence local government decision in cities with a population of over 400,000 is repealed.

Section 137.092

This section requires operators of storage facilities to provide documentation including the owner's name, address, county of residence, and a description of the personal property to the county assessor where the rental or leasing facility is located for property tax purposes. The section defines "personal property" as any house trailer, manufactured home, boat, vessel, floating home, floating structure, airplane, or aircraft. Any storage facility owner that fails to provide the required documentation will be assessed a penalty and taxes for the personal property stored at their location.

This section is similar to HCS/HB 624 (2007).

Section 137.094

This section requires taxpayers to provide a list of all tangible personal property, subject to tax in the county of the taxpayers residence address, to the assessor of such county. A taxpayer who knowingly violates the requirement to list such property in the county of residence shall be guilty of a misdemeanor.

This section is similar to SB 691 (2007).

Section 137.100

Currently, property belonging to any political subdivision is exempt from taxation for state, county, an local purposes. Under this section, "belonging" means holding a fee interest in only the land itself without regard to the presence of any inferior possessory interest in cases where lands are used so as to facilitate air transportation at nonprimary commercial service airports an reliever airports.

All real and personal property regularly used for low income rental housing shall be deemed to be used for charitable purposes and not held for private or corporate profit if certain criteria are met.

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 137.1040

This section allows the governing body of a county to submit a proposal to the voters of the county allowing the county 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 county.

This section is identical to SB 345 (2007).

Section 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 two percent to three percent.

Sections 144.030 & 144.062

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

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.

This section is similar to certain provisions of SCS/HB 489 (2007).

Sections 163.011 & 163.038

These sections grant school districts, located at least partially within a county, an additional payment equal to the decrease, if any, in the amount the district receives from fines in the current year from revenue the district received in fiscal year 2005.

These sections are identical to SCS/SB 456 (2007).

Section 163.016

For any school district located in more than one county and whose headquarters are located within Monroe City and located in more than one county, the county signified in the school district number shall be the county in the district with the highest dollar value modifier.

Section 182.015

This section authorizes a procedure by which the existing boundaries of a county library subdistrict may be expanded and the existing subdistrict tax rate shall be imposed, upon voter approval, in the expanded area.

This section is similar to HB 93 (2007).

Section 190.052

This section changes the term of office for a person who is appointed to fill a vacancy on an ambulance district board from until the next annual election of board members to the remainder of the unexpired term of the replaced board member.

This section is similar to HB 937 (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.

Section 190.305

This section allows the City of Joplin to opt out of the jurisdiction of an emergency services board created under Sections 190.300 - 190.340; and if it does so, the city will receive 80% of the tax levied and collected under Section 190.337, RSMo, within the city limits. The city is not required to establish a board under Section 190.327 or 190.328, but may require that all dispatching of emergency services operating within the city be provided by the city.

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.

These sections are similar to HB 1122 (2007) & SS/SCS/SB 21 (2007).

Section 205.563

This section authorizes the governing body of Kingsville to impose, upon voter approval, an annual real property tax, not to exceed thirty-five cents per year on each one hundred dollars assessed valuation, to fund the construction, operation and maintenance of a community health center.

This section is similar to SCS/SB 365 (2007).

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 226.527

When a legally erected billboard exists on a parcel of property, a local zoning authority shall not adopt or enforce any ordinance, order, rule, regulation, or practice that eliminates the ability of a property owner to build or develop property or erect an on-premise sign solely because a legally erected billboard exists on the property.

This section is similar to SS#2/SCS/SB 129 (2007).

Section 228.110

This section allows certain charter county residents to petition for vacating certain roads.

This section is similar to HB 1188 (2007).

Sections 238.202, 238.207, 238.208, 238.225, & 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 act provides 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 are identical to SCS/SB 311 (2007).

Section 238.230

This section authorizes 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.

Section 247.060

This section modifies the length of term for directors of public water supply districts elected in 2008, 2009, and 2010, due to a change in the date of their election from June to April in statute.

This section is identical to SB 419 (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 302.010

This section adds a definition of "residence address" for purposes of chapter 302, regulating drivers' and commercial drivers' licenses.

Sections 320.106 & 320.146

This section reduces the distance from any fuel dispenser that fireworks can be manufactured, stored, or sold from 100 feet to 50 feet.

These sections are similar to HB 303 (2007).

Sections 320.200, 320.271, 320.300 & 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 fire protection district or voluntary fire protection association, or other agency engaging in this type of activity.

Under these sections, 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.

These sections require volunteer fire protection associations to identify their boundaries and file them with the county, rather than allowing them to do so. Any volunteer fire protection association is prohibited from encroaching upon or including any portion of another fire department's legally established boundaries.

Except for state agencies, fire protection districts, municipal fire departments, and volunteer fire protection 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 in circuit court.

These sections are similar to HCS/SCS/SB 968, SB 194, HCS/HB 300, and SCS/SB 47 (2007).

Section 321.130

This section provides that fire protection district board members must reside in the district. If a board member is no longer a resident of the district, his or her seat is deemed vacant and must be filled according to statutory procedures.

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 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).

Section 392.410

This section removes the expiration date of August 28, 2007, on the provision restricting political subdivisions from providing certain telecommunication services and facilities.

This section is similar to HB 801 (2007).

Sections 393.715, 393.720 & 393.740

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).

Sections 393.705 & 393.710

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

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.

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).

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 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 act 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) and SCS/SB 150 (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).

Section 479.010 & 479.011

These sections allow 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.

These sections are similar to HCS/SB 237 (2007).

Section 537.035

This section modifies the definition of "health care professional", for purposes of determining who is subject to peer review, to include physical therapists, emergency medical technicians and emergency medical dispatchers. The act provides that a peer review committee may be comprised of members appointed by a board of trustees or chief executive officer of a licensed ambulance service, a licensed emergency medical response agency, or any not-for-profit organization that provides for ambulance services, as long as the governing body of such not-for-profit organization consists of elected officials or individuals appointed by a mayor, board of alderman, city council, county commission, county legislature, or ambulance district. A committee may also be comprised of members appointed by a mayor, city council, board of alderman, county commission, county legislature, or ambulance district. This act also provides immunity from civil liability for members of a peer review committee that performs certain acts at the recommendation of the committee.

This section is similar to HB 278 & SB 178 (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 similar to HB 161 (2007) & SB 391 (2007).

Section 650.340

This section revises the continuing educational training requirements of 911 telecommunicators from 16 hours in a two-year period to 24 hours every three years. The reporting period shall run concurrent with the existing continuing education reporting periods for Missouri peace officers.

This section is identical to HB 634 (2007) & SB 574 (2007).

Section 1

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).

Section 2

Beginning January 1, 2008, all trucks with a registered gross weight of 24,000 pounds or more shall be prohibited from driving in the far left lane within 3 miles of the intersection of I-70 and Missouri Route 370 except in emergency situations or during road construction or repair. The department of transportation will provide and install informational and directional signs where appropriate. Violations of this prohibition range from an infraction to a class A misdemeanor.

SUSAN HENDERSON MOORE