SB 7 Modifies various provisions relating to political subdivisions
Sponsor: Griesheimer
LR Number: 0196S.01I Fiscal Note: 0196-01
Committee: Jobs, Economic Development and Local Government
Last Action: 5/15/2009 - S Informal Calendar S Bills for Perfection--SB 7-Griesheimer, with SS (pending) Journal Page:
Title: Calendar Position:
Effective Date: Varies

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Current Bill Summary


SS/SB 7 - This act modifies various provisions relating to political subdivisions.

SECTION 48.030

This section allows a county, after meeting the required assessed valuation, to become a second class county upon a vote of the governing body to change classifications. Currently, a county can only change classifications by a vote of the governing body if it is becoming a first class county; otherwise, the county must be at the required assessed valuation for five years before changing classifications. The effective date of the change in classification shall be at the beginning of the county fiscal year following the election by the governing body.

This section is identical to HCS/SB 820 (2008), SB 38 (2009), and HB 257 (2009).

SECTION 49.310

This section allows Caldwell County to establish a or holding facility outside of the county seat.

This section is identical to SB 457 (2009).

SECTION 49.710

Under this section, the county commission of any county without a charter form of government shall have the power to adopt ordinances requiring property owners to control brush on county right-of-ways or county maintenance easements that are part of the property owner's land that is adjacent to the county road.

Before charging a person with an ordinance violation, the county commission shall notify the property owner of the ordinance requirements, return receipt requested. The commission shall allow the owner thirty days from the date of return receipt or refusal of acceptance of delivery to control the brush. The property owner shall be granted an automatic thirty-day extension for hardship if the owner notifies the commission within the first thirty-day period of such reasons. The property owner may be granted a second thirty-day extension upon a vote of the commission.

Any property owner in violation of such a county ordinance may be ordered to pay a civil fine of not more than ten dollars per day. If the owner is found to be in violation of the ordinance, the county shall take action to control the brush as provided under Section 263.245, RSMo, not more than thirty-days after the fine was initially imposed.

This section is identical to SB 385 (2009).

SECTIONS 50.660 & 50.783

Under this section, a county is not required to obtain bids on purchases of $6,000 or less. Currently, such amount is set at $4,500.

Under current law, counties may waive competitive bidding when the County Commission determines that there is only one feasible source for the supply. This act requires counties to post notice on such proposed purchases of over $6,000 and advertise the commission's intent to make such purchase in the newspaper at least ten days in advance. Currently, the commission must post notice for such proposed purchases of at least $3,000 and also advertise in the newspaper for such purchases of at least $5,000.

This section is identical to SB 256 (2009).

SECTIONS 52.290, 52.312, & 54.010

Currently, in counties without a charter form of government the collector collects a seven percent fee for the collection of delinquent taxes. In counties with a charter form of government and St. Louis City, the collector collects a two percent fee for the collection of such taxes. Under these sections, in counties adopting a charter form of government after January 1, 2008, the collector shall collect a seven percent fee for the collection of delinquent taxes, while the collector in counties adopting a charter form of government before January 1, 2008, shall collect a two percent fee.

Currently, all counties, except counties with a charter form of government excluding St. Charles County, are required to establish a "Tax Maintenance Fund" to be used solely as a depository for funds received or collected for the purpose of funding additional costs and expenses incurred in the collector's office. Under these sections, counties adopting a charter form of government after January 1, 2008, shall be required to establish such a fund as well.

In the event a county of the third or fourth classification abolishes its township organization or the county collect becomes a collector-treasurer, the collector treasurer shall assume all duties, compensation, and requirements of the collector-treasurer.

These sections are identical to SCS/SB 123 (2009).

SECTIONS 52.361, 52.370, 55.140, 55.190, 139.031, 139.140, 139.150, 139.210, 139.220, 140.050, 140.070, 140.080, 140.160, and 165.071

These sections allow certain counties of the first and second classification to collect property taxes using electronic records and disbursements. County collectors of these counties are required by the fifteenth day of each month to file, with the county clerk and auditor, a detailed statement of all taxes and license fees collected during the preceding month. These sections modify the provisions regarding the payment of taxes in dispute.

These sections are similar to HB 148 (2009).

SECTION 59.319

This section increases certain user fees collected by county recorders from $4 to $7. Of the fee, three dollars, rather than two dollars, shall be deposited into the recorder's fund and two dollars, rather than one dollar, shall be used by the secretary of state for preservation of local records. Also, two dollars instead of one dollar shall be used to support land surveying activities. All requests for records dated after December 31, 1969, shall be made to the office in which the record was originally filed.

This section is identical to SCS/SB 362 (2009).

SECTION 65.610

This section allows the county commission, upon a majority vote, to put the issue of abolishing the county's township organization to a vote of the people. Currently, it requires a petition by 10% of the voters to submit the issue to a vote.

SECTION 67.280

This section requires communities to file one copy of any technical code adopted with the clerk's office to be available to the public, rather than three copies.

SECTION 67.281

A builder of family residences or multi-unit dwellings with no more than four units must offer purchasers to install fire sprinklers in the residence. No purchaser of such residences shall be denied the right to choose to install the fire sprinkler or decline the offer by the political subdivision's code, ordinance, rule, regulation, order or resolution. Such provisions must provide the mandatory option for purchasers to choose and the requirement that builders offer to purchasers such option.

SECTION 67.410

If a building commissioner issues an order to demolish, secure, repair, or clean up a property found to be a public nuisance, the cost shall be certified to the city clerk or officer in charge of finance, who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, for the property. The certified cost shall be collected by the city collector or other official collecting taxes. If the certified cost is not paid, the tax bill shall be considered delinquent.

This section removes the provision allowing the taxpayer to pay such tax bill back in installments over ten years and instead the collection of such taxes shall be governed by the general laws on delinquent taxes.

SECTION 67.1360

This section authorizes the City of Ashland to seek voter approval for the imposition of a transient guest tax of not less than two percent nor more than five percent per occupies room per night. The tax authorized by this act must be separately stated from all other charges and taxes.

This section authorizes the governing body of Montgomery County to seek voter approval for the imposition of a transient guest tax. The amount of the tax will be at least two, but not more than five percent per occupied room per night, and all revenue derived from such tax will be used by the county to promote tourism.

This section is similar to SB 248 (2009) and SB 276 (2009).

SECTION 67.1361

This section allows the revenue derived from the transient guest tax for St. Joseph and Buchanan County be used for capital expenditures incurred in connection with tourism and convention facilities.

SECTION 67.2000

This section allows real property owners in Caldwell, Clinton, Daviess, and DeKalb counties to seek voter approval for the creation of exhibition center and recreational facility districts. If such a district is created, it may seek voter approval for the imposition of a one-quarter of one percent sales tax, for a period not to exceed twenty-five years, to fund the district.

This section is identical to SB 386 (2009).

SECTION 67.3000

It shall be lawful for Caldwell County to enter into a contract with private corporations engaged in delivering water at wholesale for domestic consumption. The county may also acquire, own, and hold, with private corporations, water mains.

This section is identical to SB 456 (2009).

SECTION 71.275

The governing body of a municipality may annex a research park that is compact and contiguous to the existing municipal boundaries if the property has not been sold within the previous six months and the municipality receives the written consent of all the property owners. The municipality and county shall adopt reciprocal ordinances authorizing the annexation. A "research park" is defined as an area developed by a university to be used by technology-intensive and research-based companies as a business location.

This section is identical to SB 377 (2009).

SECTIONS 79.450 & 320.121

If the governing body of Riverside enacts an ordinance prohibiting the selling of fireworks within its boundaries, any fireworks retailer located in a permanent building within such boundaries at the time of enactment shall not be subject to such ordinance and may continue to operate if otherwise properly licensed and remains in a permanent building.

SECTION 82.860

This section authorizes the City of Joplin to impose, upon voter approval, a transient guest tax of up to 8% per occupied room, per night for the promotion of tourism including, but not limited to, the construction, maintenance, and operation of tourism, cultural, artistic, and other attractions and amenities.

This section is identical to HB 710 (2009).

SECTION 94.271

This section authorizes the City of Grandview to seek voter approval to levy a sales tax of up to one-half percent to fund public safety improvements for the city. Such improvements may include expenditures on equipment, city employee salaries and benefits, and facilities for police, fire, and emergency medical providers.

This section is identical to SB 165 (2009).

SECTION 94.400

Currently, constitutional charter cities with a population between 10,000 and 300,000 are authorized to levy property taxes for certain municipal purposes, including libraries, hospitals, public health, and museum purposes. This act allows any city with a population of not less than 5,000 to do so.

This section is identical to HB 572 (2009).

SECTIONS 94.510 & 94.550

Currently, under the general city sales tax law, cities may impose a city sales tax, upon voter approval, at a rate of one-half of 1%, seven-eighths of 1%, or 1%, and the City of St. Louis may impose the tax at a rate not to exceed one and three-eighths percent, for the benefit of the city. These sections specify that the combined rate of sales taxes adopted under the city sales tax law cannot exceed 2%. This modification is not to be construed as a new tax or an increase in the current levy of an existing tax for the purpose of Section 22, Article X, of the Missouri Constitution, commonly known as the Hancock Amendment, which requires voter approval; and cities that have already imposed and collected taxes under the city sales tax law can continue to do so without voter approval as a continuation of a tax previously approved by the voters of the city.

These sections are similar to HB 169 (2009).

SECTION 94.577

Currently, under the capital improvements city sales tax law, cities not in St. Louis County may impose a sales tax, upon voter approval, at a rate of one-eighth, one-fourth, three-eighths, or one-half of 1% for the purpose of funding, operating, and maintaining capital improvements. Municipalities in charter counties are authorized to impose a capital improvements tax under Section 94.890, RSMo. This section specifies that the combined rate of sales taxes adopted under the capital improvement city sales tax law cannot exceed 1%. This modification is not to be construed as a new tax or an increase in the current levy of an existing tax for the purpose of the Hancock Amendment which requires voter approval; and cities that have already imposed and collected taxes under the city sales tax law can continue to do so without voter approval as a continuation of a tax previously approved by the voters of the city.

This section is similar to HB 169 (2009).

SECTION 94.902

This section authorizes the City of Grandview to seek voter approval to levy a sales tax of up to one-half percent to fund public safety improvements for the city. Such improvements may include expenditures on equipment, city employee salaries and benefits, and facilities for police, fire, and emergency medical providers.

This section is identical to SB 164 (2009).

SECTION 94.1011

This section authorizes the City of Waynesville, upon voter approval, to impose a transient guest tax of up to three percent per occupied hotel and motel room per night. The revenues derived from the tax must be used to fund the construction, maintenance, and repair of a multipurpose conference and convention center.

This section is identical to HB 1967 (2008), HB 28 (2009) and SB 387 (2009).

SECTION 137.1040

This section allows the governing body of a city, town, village or county to submit a proposal to the voters of such city, town village or county allowing the 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 village or county.

This section is identical to the Perfected version of Senate Bill 822 (2008) and SB 168 (2009).

SECTIONS 140.150, 140.190, 140.230, 140.250, 140.260, 140.290, 140.310, 140.340, 140.405, and 140.420

These sections change the provisions regarding the sale of real property for the collection of delinquent taxes. The collector is required to send up to three notices prior to a tax sale to the publicly recorded owner of record of the real property. The first notice is by first class mail, the second by certified mail, and a third notice is sent if the certified mail is returned unsigned to both the owner of record and the occupant of the real property at least 15 days before the fourth Monday in August.

The purchase price of the property at a third offering must be at least equal to the sum of the delinquent taxes, interest, penalties, and costs. The certificate of purchase will be issued to an agent if the purchaser is a nonresident. The purchaser is required to pay a fee to the collector to record the certificate of purchase. After the third offering, the collector's deed or trustee's deed will have priority over all the other liens or encumbrances on the property sold except for real property taxes or federal liens.

If the delinquent land tax sale results in an amount greater than the amount of debt, taxes, interest, and costs; the excess proceeds must be held in trust in the county treasury for three years for the publicly recorded owner or owners of the property sold or their legal representatives. After three years, any amount not called for will be deposited into the county's school fund.

The redemption periods for the owner of record to redeem tax sale property are revised; and the owner must reimburse the purchaser for all costs of sale, including the cost for recording the certificate of purchase, the fee to record the release of the certificate, the cost of the title search, the cost of the required certified mail notifications, interest at the rate specified on the certificate, and any taxes paid by the purchaser plus 8% interest.

These sections are identical to HB 261 (2009).

SECTION 141.160

In Jackson County and St. Louis County, the collector shall collect on behalf of the county and pay into the county general fund an additional fee for the collection of delinquent and back taxes of five percent on all sums collected to be added to the face of the tax bill and collected from the party paying the tax.

SECTION 182.802

This section authorizes public library districts to seek voter approval for a sales tax of not more than one half of one cent to fund the operation, and maintenance of libraries within the boundaries of such library district. Public library districts are defined as any city library district, county library district, city-county library district, municipal library district, consolidated library district or urban library district.

This section is identical to SB 266 (2009).

SECTION 190.054

This section provides that the current term of the director representing Subdistrict 6 of the St. Charles ambulance district shall be extended one year. At the end of such term, the district shall hold an election and the term of the new director shall be three years.

This section is identical to SB 337 (2009).

SECTION 190.056

Under this section, each member of an ambulance district board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

This section is identical to SB 978 (2008) and SB 122 (2009).

SECTION 204.569

This section provides an alternate procedure to approve the issuing of bonds for a common sewer subdistrict that is partially or completely located in Cass County. Bonds may be issued for such a subdistrict if the subdistrict receives the written assent of 75% of the political subdivisions that do business with the subdistrict.

The section contains an emergency clause.

This section is identical to SCS/SB 242 (2009).

SECTION 247.031

The section modifies provisions relating to the procedure for detaching territory from a public water supply district.

When a petition for detachment is submitted to the circuit court by someone other than the district's board of directors, the district shall be named as a defendant and a copy of the petition shall be provided to the district at least 35 days before the hearing.

Current law requires notice of the petition to detach to be published in a newspaper in each county containing any portion of the proposed territory. The act instead requires that notice be published in a newspaper in the county in which the hearing will be held as well as in a newspaper with circulation in the proposed territory.

The section adds the district itself as an allowable entity to make an exception or objection to a proposed detachment. The act modifies the language required to be posted in the newspaper to mirror the statutory requirements.

This section is identical to HB 234 (2009) and SB 196 (2009).

SECTION 321.227

This section authorizes any fire protection district, located within St. Louis County, which has property located within its jurisdiction for which taxes have been abated or redistributed to seek voter approval to impose a sales tax. The sales tax cannot exceed one percent and must result in a reduction to the district's property tax levy which will decrease property tax revenues by an amount equal to fifty percent of the district's sales tax revenues received from the fire protection district sales tax fund in the previous year.

SECTIONS 650.396 & 650.399

Under current law, any county which has established an emergency communications system commission may, upon voter approval, levy and collect a property tax to fund the establishment, operation, and maintenance of an emergency communications system. These sections would give such counties the option to seek voter approval to impose the property tax or a sales tax not to exceed one-tenth of one percent to fund the establishment, operation, and maintenance of an emergency communications system. The department of revenue will collect the sales tax revenues and deposit them into the newly created county emergency communications fund for distribution to the counties from which they were collected.

These sections are identical to SB 494 (2009).

This act contains provisions similar to certain provisions of SS/SCS/HB 376 (2009) & HCS/SB 386 (2009).

SUSAN HENDERSON MOORE

SA 1 - REMOVES THE PROVISION AUTHORIZING A TRANSIENT GUEST TAX FOR JOPLIN FROM THE BILL (SECTION 82.860)

SA 2 - ALLOWS SUGAR CREEK TO IMPOSE A TRANSIENT GUEST TAX

SA 3 - ALLOWS KANSAS CITY TO ENACT ORDINANCES TO ALLOW THE CITY BUILDING OFFICIAL TO PETITION THE CIRCUIT COURT IN THE COUNTY WHERE A VACANT NUISANCE BUILDING IS LOCATED FOR THE APPOINTMENT OF A RECEIVER TO REHABILITATE THE BUILDING, DEMOLISH IT, OR SELL IT TO A QUALIFIED BUYER

SA 4 - ALLOWS ST. LOUIS CITY TO INCREASE ITS SEMIANNUAL REGISTRATION FEE FOR CERTAIN VACANT PROPERTY TO $500

SA 5 - REMOVES SECTIONS 79.450 & 320.121 REGARDING FIREWORKS ORDINANCES IN RIVERSIDE FROM THE BILL