SB 580 Modifies various provisions relating to political subdivisions
Sponsor: Griesheimer
LR Number: 3635L.07C Fiscal Note: 3635-07N.ORG
Committee: Jobs, Economic Development and Local Government
Last Action: 4/22/2010 - Referred to Rules Committee pursuant to Rule 25(32)(f) Journal Page: H1056
Title: HCS SS SCS SB 580 Calendar Position:
Effective Date: Varies
House Handler: Brown

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Current Bill Summary


HCS/SS/SCS/SB 580 - This act modifies various provisions relating to political subdivisions, tax credits, utilities, vehicle licensing, surveying, unclaimed property, retirement systems, taxes, excavation, and waste management.

SECTION 1.201

All employees of a private business or the state of Missouri or one of its political subdivisions possess the civil right to report what he or she reasonably believes to be an act by the employer in violation of law or strong mandate of public policy and the fundamental right to not engage in such violation.

SECTION 21.870

This section creates the "Joint Committee on Missouri's Eco Friendly Solid Waste" to examine the state's future solid waste management needs and to ensure an affordable and environmentally conscious strategy for long-term waste management. The committee shall report to the general assembly by December 31, 2010.

This section is similar to HB 2372 (2010).

SECTION 29.212

Any retirement system established by the state or a political subdivision may be audited by the state auditor every three years or more frequently.

This is similar to a provision of SS/SB 714 (2010) and SS/HCS/HB 2357 (2010).

SECTION 48.020

This section increases the assessed valuation a county must maintain in order to move into a higher classification with exceptions for certain counties of the second classification.

The assessed valuation for counties of the first classification is increased from $600 million to $900 million. The assessed valuation for counties of the second classification is increased from $450 million to $600 million. All counties with an assessed valuation of less than $600 million will be counties of the third classification. However, counties of the second classification, which on August 28, 2010 have had an assessed valuation of at least $600 million for at least one year may, by resolution, instead choose to be a county of the first classification. Also, any county of the second classification which, on August 28, 2010, has had an assessed valuation of at least $600 million for at least five years may, by resolution of the governing body of the county adopted prior to December 31, 2010, elect to remain a county of the second classification until the assessed valuation of the county after 2009 is such as to place it in another classification and it has maintained at the necessary valuation for the required period of time.

The required assessed valuation for each classification shall be increased annually by an amount equal to any percentage change in the annual average of the consumer price index for all urban consumers or zero, whichever is greater. The state tax commission shall calculate and publish this amount so that it is available to all counties.

This section is similar to SB 455 (2009), HB 1562 (2010), CCS/HCS/SCS/SB 605 (2010), SS/HCS/HB 1806 (2010), and SS/SCS/HCS/HB 1290 (2010).

SECTION 48.050

When any county changes classification, the salary established for each county official at the time of the change shall not be reduced until such person holding office at the time of the change leaves office.

This section is identical to HB 1460 (2010).

SECTION 49.272

Currently, certain counties with a county counselor may impose of civil fine not to exceed $1000 for misdemeanor ordinance violations. This act allows adds Platte County to such list and also allows all such counties to impose such a fee for infraction violations of municipal ordinances.

SECTION 49.310

This section allows all counties of the third classification to establish a jail or holding facility outside of the county seat. Currently, Moniteau County is the only county of the third classification that may establish such a jail.

This section is identical to HB 1707 (2010) and SS/SCS/HCS/HB 1290 (2010).

SECTION 50.622

Currently, a county may amend the budget during a fiscal year when the county receives additional funds which could not be estimated when the budget was adopted. Under this act, the county may also amend the budget when the county could not have anticipated the additional funds or when the county experiences a verifiable decline in funds, and such amount or source, could not be estimated or anticipated when the budget was adopted; provided that any decrease in appropriations shall be allocated among the county departments and offices in a fair manner and shall not unduly affect one department or office. Any decrease in an appropriation authorized shall not impact any dedicated fund.

This section is similar to HB 1793 (2010).

SECTION 50.660

Under this section, a county is not required to obtain bids on purchases of $5,000 or less. Currently, such amount is set at $4,500.

This section requires counties of the first classification to advertise contracts and purchases for bid on its website, if one is available, for at least 15 days. The section also requires the county commission of any county of the first classification to post notice of a "single feasible source" purchase that does not require bidding on its website, if one is available, for at least 30 days. In such counties, any prospective bidder or offeror may file a written challenge, prior to approval of the contract by the commission, that such supply has a single feasible source. Upon receiving the challenge, the commission shall take testimony on the subject at a public meeting and vote on whether to proceed with the purchase or accept bids for such supply.

This section is similar to provisions of SB 256 (2009), HB 376 (2009), HB 1589 (2010), SB 871 (2010), HCS/SCS/SB 887 (2010), and SS/SCS/HCS/HB 1290 (2010).

SECTION 50.783

Under current law, counties may waive competitive bidding when the county commission determines that there is only one feasible source for the supply. This section 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 provisions of SB 256 (2009), HB 376 (2009), HB 1589 (2010), and SB 871 (2010) .

SECTION 50.830

Following each quarter of the fiscal year, the county shall hold at least one public hearing to review the budget, unless the county reviews the budget on a monthly basis.

SECTION 50.1020

This section provides that in counties with a charter form of government, designees of the county clerk may make payroll deductions and other county officials responsible for payroll and personnel records shall maintain a log of hiring of employees.

SECTIONS 52.290, 52.312, 52.361, 52.370, 54.010, 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. Taxing authorities will be required to request notification of current taxes paid under protest by February 1, and county collectors must provide the information by March 1.

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. The provisions contained in a county's charter authorizing the collection of a fee for the collection of back taxes which conflict with state law will control.

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 provisions, 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, the collector treasurer shall assume all duties, compensation, and requirements of the collector-treasurer.

These provisions are similar to provisions contained in the SCS#2/HCS/HB 148 (2009), SB 736 (2010), SS/SCS/HCS/HB 1290 (2010), HCS/SB 686 (2010), and SCS/HB 1424 (2010).

SECTION 55.030

This section requires the auditor of any county with a charter form of government to annually take an inventory of county property with an original value of $1000 or more, rather than $250.

This section is similar to SB 628 (2010), SS/SB 757 (2010), and SS/SCS/HCS/HB 1290 (2010).

SECTION 56.809

This section allows the state auditor to audit the Prosecuting Attorneys and Circuit Attorneys Retirement Fund rather than requiring it.

This section is identical to a provision of SS/SB 714 (2010) and SS/HCS/HB 2357 (2010).

SECTION 58.030

Currently, certain county coroners and deputy coroners are required to complete educational training on an annual basis. This section requires all county coroners or deputy coroners to complete the training within six months of their election or appointment.

This section is identical to HB 1044 (2009).

SECTION 59.003

This section requires requests for records filed by the recorder of deeds dated after December 31, 1969 be made to the office of the recorder of deeds in which the record was originally recorded.

This section is similar to a provision of SB 362 (2009) and HB 1959 (2010) and SS/SCS/HCS/HB 1290 (2010).

SECTIONS 59.318 & 193.265

These sections allow the Jackson County recorder of deeds to collect a donation of $1, in addition to the fees charged, when recording marriage licenses or birth certificates. The money collected shall be deposited into the Housing Resource Commission Fund to assist homeless families and provide financial assistance to organizations addressing homelessness in the county.

These sections are similar to HB 1643 (2010).

SECTION 60.650

This section requires surveyors who establish, restore, or reestablish corners to file the results with the recorder of deed regardless of whether it creates a new parcel of land.

This section is identical to HB 2029 (2010) and HCS/SB 893 (2010).

SECTIONS 60.670 & 327.272

These sections require the Office of the State Land Surveyor in the Department of Natural Resources to promulgate rules and regulations establishing minimum standards for digital cadastral parcel mapping. Any map designed and used to reflect legal property descriptions or boundaries for use in a digital cadastral mapping system must comply with such rules, unless the party requesting the map specifies otherwise in writing, the map was designed and in use prior to the promulgation of the rules, or the parties requesting and designing the map already agreed to their contractual terms on the effective date of the rules promulgation.

The practice of land surveying shall include working with positions of the United States Public Land Survey System. It shall also include creating, preparing or modifying electronic or computerized data relative to the performance of certain other surveying activities; however, such acts shall not be exclusive to professional land surveyors unless they affect real property rights.

These sections are similar to SCS/SB 384 (2009) and identical to SB 621 (2010), HB 1830 (2010), and SCS/HB 2109 (2010).

SECTION 66.720

Jefferson County shall not adopt a charter provision or ordinance that prohibits the county from contracting out the county's probation services.

This section is identical to provisions of HB 2378 (2010), HCS/SCS/SB 829 (2010), HCS/SCS/SB 887 (2010), and HCS/SB 893 (2010).

SECTION 67.085

Any political subdivision or other public entity in Missouri may invest its funds not immediately needed, provided they meet the separate deposit insurance requirements of the FDIC, if certain conditions are met.

This section is similar to certain provisions of HCS/HB 1446 (2010).

SECTION 67.110

This section requires political subdivisions located at least partially within a charter county or the City of St. Louis to set their property tax rates by October first each year.

This section is identical to provisions of SB 860 (2010), HB 1392 (2010), SS/SCS/HCS/HB 1290 (2010), SCS/HCS/HB 2048 (2010), and HCS/SB 686 (2010).

SECTION 67.309

This section allows any county to establish curfews for persons under the age of seventeen. Any minor who violates such curfew is guilty of a class C misdemeanor. If the minor's parent or guardian has knowledge of such violation, he or she is also guilty of a class C misdemeanor.

This section is similar to SB 831 (2010) and HCS/SCS/SB 887 (2010).

SECTION 67.314

This section creates the "Political Subdivision Construction Bidding Standards Act". Except for certain violations, this act does not apply to political subdivisions that have specific state or local competitive bidding requirements that are equivalent or stricter than the ones contained in this act. If a political subdivision is not covered by a specific federal, state, or local law that is equivalent or stricter in its requirements, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding contracts of $8,000 or more.

Contract for construction shall be advertised in advance of the acceptance of bids. Bids shall be advertised through publication in a central repository developed by the office of administration and for a minimum of two days in an area newspaper, with the first ad appearing at least 30 days in advance of the stated deadline for acceptance of bids. The office of administration shall develop procedures for bids to be placed in a central repository. Political subdivisions shall not be required to comply with the central repository requirements unless the office of administration develops such repository at no cost to the state. Ads and solicitations must include the project name, submission deadline, and the time, date, and location of where the bids shall be received and opened.

Unless otherwise specified by law, a contract shall be awarded to the lowest and best 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.

Under no circumstances shall construction contracts for any political subdivision 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. Also, political subdivisions may award contracts without competitive bidding when there is an immediate public danger, to prevent loss to property, or to prevent or restore essential public services. Under such circumstances, the political subdivision must produce a written public record documenting the need to contract without competitive bidding.

This section is similar to provisions of SB 729 (2010), HB 2218 (2010), SS/SCS/HCS/HB 1290 (2010), HCS/SB 716 (2010), and HCS/SCS/SB 887 (2010).

SECTION 67.456

Currently, the average maturity of bonds or notes issued under the neighborhood improvement district act shall not exceed 120% of the average economic life of the improvements for which the bonds or notes are issued. Under this act, this provision is the same, provided bonds for which an annual property tax has been approved by the voters and collected to pay the interest and principal of such bonds, shall be retired within twenty years from the date contracted. Provided further, bonds for which no annual tax has been approved shall be retired within the greater of 120% of the average economic life of the improvements or 30 years from the date contracted. The average economic life of an improvement shall be certified by a professional engineer.

In Boone County, in the event that a parcel of property within the neighborhood improvement district is divided into more than one parcel of property within 5 years after the final costs of the improvement are assessed, all unpaid final costs of the improvement assessed to the original parcel that was divided shall be recalculated and reassessed so that each parcel shall be responsible for a full share of the assessment per lot if the original assessment was based on a per lot formula. Any additional funds received by the county as a result of such reassessment shall be used for expenses related to future neighborhood improvement district projects. No parcel of property which has had the assessment against it paid in full by the property owner shall be reassessed under this section.

This section is similar to certain provisions of HB 1593 (2010) and SB 1058 (2010).

SECTION 67.1000

Under current law, Jefferson City and various other cities and counties, are allowed to impose a tax, not to exceed five percent per room per night, on charges for sleeping rooms paid by guests of hotels and motels. This section increases the maximum levy for only Jefferson City from five percent to seven percent. Such increase will become effective only upon voter approval.

This section is similar to a provision of SCS/SB 644 (2010), SS/SCS/HCS/HB 1290 (2010), SS/SCS/HB 1442 (2010), HCS/SCS/SB 887 (2010), and SCS/SB 915 (2010).

SECTION 67.1003

This section allows Excelsior Springs to impose a transient guest tax of not more than 5%, upon voter approval, to promote tourism.

For all transient guest taxes allowed under Section 67.003, if the voters vote in favor of the tax, it shall become effective on the first day of the second calendar quarter following the calendar quarter in which the election was held.

This section is similar to a provision of SCS/SB 644 (2010).

SECTION 67.1018

This section allows Carter County to impose, upon voter approval, a transient guest tax of up to 5%. One-half of the money will fund tourism promotion and one-half shall county law enforcement.

This section is similar to a provision of CCS/SS/SCS/HB 1442 (2010).

SECTION 67.1360

This section authorizes the cities of Sugar Creek, Ashland, and Brentwood, and Montgomery County, upon voter approval, to impose a transient guest tax upon charges for all sleeping rooms paid by guests of hotels, motels, bed and breakfast inns and campgrounds for the purpose of promoting tourism. The tax must be at least two percent, but may not exceed five percent per occupied room per night.

This section is similar to SB 507 (2009), SS/SCS/HB 1442 (2010), HB 1557 (2010), HB 1724 (2010), SCS/SB 862 (2010), SCS/SB 915 (2010), HCS/SCS/SB 887 (2010), and a provision of SS/SCS/HCS/HB 1290 (2010).

SECTION 67.1361 & 70.220

Under current law, the City of St. Joseph and Buchanan County are authorized to seek voter approval to impose a tax of no less than two nor more than eight percent per room per night, on charges for sleeping rooms paid by guests of hotels and motels. The proceeds from the tax must be used for funding the promotion of tourism and convention facilities. These sections would permit the city and county to use the proceeds from the tax for capital expenditures incurred in funding the promotion of tourism and convention facilities.

These sections also allow the City of St. Joseph and Buchanan County to contract with one another to share transient guest tax revenues for the purpose of promoting tourism and the construction, maintenance, and improvement of convention center and recreational facilities.

These sections are similar to SB 644 (2010) and certain provisions of SS/SCS/HB 1442 (2010).

SECTION 67.1461

This section allows community improvement districts to contract with private property owners to construct improvements or structures owned by such persons within blighted areas.

This section is similar to a provision of SS/SCS/HCS/Hb 1290 (2010).

SECTION 67.2000

This section allows real property owners in the Cameron School District located 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 similar to certain provisions of SB 386 (2009), HB 1502 (2010), SCS/HCS/HB 2048 (2010), SS/SCS/HB 1442 (2010), SCS/SB 700 (2010), HCS/SCS/SB 887 (2010), and SS/SCS/HCS/HB 1290(2010).

SECTION 67.2050

This section allows the governing body of any county, city, incorporated town, or village to engage in projects involving a technology business facility which is a facility located in an underground mine with at least two million square feet of space used for data processing, hosting, and related services or Internet publishing and broadcasting and web search portals.

The governing body is authorized to: (1) Carry out technology business facility projects for economic development; (2) Accept grants from the federal and state governments for the project's purposes and enter into agreements which may be required by the grantor if the agreements are not contrary to Missouri laws; (3) Receive any gifts and donations from private sources to be used for the project's purposes; and (4) Enter into loan agreements, sell, lease, or mortgage to individuals, partnerships, or corporations any component of a technology business facility project. Transactions involving the lease or rental of any project component are exempt from local sales taxes, and leasehold interests will not be subject to property taxes. If an individual or corporation transfers property for a project free of charge to the governing body, it will retain the right to have the governing body transfer the donated property back at no cost.

This section is identical to HB 2107 (2010).

SECTION 67.2725

For any public meeting where a vote of the governing body is required on issues regarding a tax increase, eminent domain with respect to a retail development project, certain types of improvement or development districts, or tax increment financing, the governing body of such county, city, town or village must give at least four days notice before the entity may vote on such issues. Each such public meeting must include time for public comment. If proper notice is not given, no vote shall be taken until proper notice has been provided. Any legal challenge to the provisions of this section must be brought within thirty days of the subject meeting or such meeting shall be deemed to have been properly noticed and held.

This section is similar to a provision contained in SCS/HCS/HB 316 (2009) and is identical to HCS/SB 851 (2010) and a provision of SS/SCS/HCS/HB 2190 (2010).

SECTION 67.3025

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), SB 929 (2010), and a provision of SS/SCS/HCS/HB 1290 (2010).

SECTIONS 68.025, 68.035, 68.040, 68.057, 68.070, 68.200, 68.205, 68.210, 68.215, 68.220, 68.225, 68.230, 68.235, 68.240, 68.245, 68.250, 68.255, 68.260, and Section 2

ESTABLISHMENT OF A PORT IMPROVEMENT DISTRICT - These sections establish the Port Improvement District Act. Under the terms of the act, a port authority may establish a port improvement district within its boundaries for the purpose of funding qualified project costs. However, in Clay County a port improvement district shall only be established within 4,000 feet of the center of the Missouri River. The port authority board must hold public hearings on whether to create a port improvement district. After the public hearing, the board may approve the petition to create a district by resolution. The port authority board must file a petition in circuit court requesting the creation of a port improvement district. Within 30 days of the circuit court's certification of the petition and establishment of the district, the board must file a copy of the board's resolution approving the petition, the certified petition and the court's judgment certifying and establishing the district with the Missouri Highways and Transportation Commission.

CONTENTS OF PETITION TO CREATE A DISTRICT - These sections set forth what information the petition must contain in order to be certified by the circuit court. For example, the petition must set forth a legal description of the district, the district's name, the maximum rate and duration of any proposed real property or sales tax, and the estimated revenues projected to be generated from such taxes. To be considered by the board and court, the petition must be signed by property owners owning more than 60% of property within the district.

PUBLIC HEARING ON PROPOSED PETITION - These sections establish the notice requirements the port authority board must follow prior to submitting the petition to the circuit court. A public hearing must be held on the proposed projects, proposed real property or sales taxes, and the establishment of the district. The act requires notice to be provided by both publication and mailing and contain certain information.

CIRCUIT COURT HEARING PROCEDURE - These sections establish the procedure in which the circuit court must conduct certification hearings. A copy of the petition must be served on all of the respondents (property owners, political subdivisions, etc.). The respondents will have 30 days after receipt of service to file an answer stating agreement with or opposition to the creation of the district. The court will hear the case without a jury. The parties may appeal a circuit court’s order in the same manner provided for other appeals.

NOTICE TO PUBLIC FOR CIRCUIT COURT HEARING - These sections also establish how the circuit clerk must provide notice to the public of the circuit court hearing. The statutory notice shall be published in a newspaper of general circulation once a week for four consecutive weeks.

TERMINATION OF DISTRICT - These sections establish a procedure in which a port improvement district may be terminated. The district may be terminated by a board resolution provided that there are no outstanding obligations secured by district revenues. Public hearings must be held before a district is terminated.

REAL PROPERTY TAX AUTHORIZED - SUBMISSION TO QUALIFIED VOTERS - Under the terms of the act, the port authority may levy a real property tax provided the qualified voters approve the tax by mail-in ballot, except that a port improvement district cannot impose a real property tax on railroad property unless the owner agrees to such tax in writing. These sections set forth the sample ballot language. They also establish the procedure in which the real property taxes are collected and distributed.

SALES AND USE TAX AUTHORIZED - SUBMISSION TO QUALIFIED VOTERS - Under the terms of the act, the port authority may levy sales and use taxes within the district in increments of one-eight of one percent, up to a maximum of one percent provided the sales and use tax is approved by the qualified voters in a mail-in ballot election. These sections establish a procedure for collecting and distributing the sales and use tax. Revenues generated from the sales and use tax must be deposited into a special trust fund. Port authorities may repeal by resolution any sales and use tax unless the repeal would impair the port authority's ability to repay any obligations the port authority has incurred to pay qualified project costs of the district.

ELECTION PROCEDURE FOR REAL PROPERTY AND SALES TAX - These sections set forth an election procedure that must be followed for any proposed real property tax or sales and use tax. After the board has passed a resolution approving the levying of a tax, the board must provide written notice of the resolution, along with the circuit court's certified question regarding the tax, to the election authority. After receiving the written notice of the resolution and the court's certified question, the election authority must specify a date upon which the election shall occur. In addition, the election authority must publish notice of the election in a newspaper of general circulation. The election authority must mail ballots to the qualified voters. Each qualified voter shall have one vote. These sections require the port authority to reimburse the election authority for the costs incurred to conduct an election. A port authority may propose a real property tax and a sales and use tax question to the district's qualified voters in the same election.

STATUTE OF LIMITATIONS FOR CHALLENGING VALIDITY OF DISTRICT'S CREATION OR VALIDITY OF TAXES - Under the terms of the act, no lawsuit to set aside an established district or a tax shall be brought after the expiration of 90 days from the effective date of the resolution establishing such district in question or the effective date of the resolution levying such real property or sales tax.

ANNUAL REPORTS BY PORT AUTHORITIES - These sections require port authorities that have formed port improvement districts to file reports with the Department of Transportation and the local political subdivision in which the district was formed stating the services provided, the revenues collected and expenditures made by the district during the fiscal year. The port authority must submit an annual report of the district's financial transactions to the State Auditor.

COMPETITIVE BIDS - Under these sections, expenditures made by port authorities over $25,000, including professional service contracts, must be competitively bid.

NONSEVERABILITY

These section are nonseverable.

The sections are similar to SB 215 (2009) & SB 578 (2010).

SECTION 70.605

The state auditor may audit the Missouri Local Government Employees' Retirement System every three years rather than being required to do so.

This section is identical to a provision of SS/SB 714 (2010) and SS/HCS/HB 2357 (2010).

SECTION 71.275

The governing body of a municipality may annex a parcel of land within a research, development, or office park, as defined in Section 172.273 that is compact and contiguous to the existing municipal boundaries if the municipality receives the written consent of all the property owners within the area.

This section is similar to HB 939 (2009), provisions of SS/SCS/HB 376 (2009) and HCS/SB 386 (2009), SB 354 (2009), HB 2312 (2010), HB 2466 (2010), and HCS/SCS/SB 887 (2010), and identical to SCS/SB 942 (2010), SS/HCS/HB 1806 (2010), and a provision of SS/SCS/HCS/HB 1290 (2010).

SECTIONS 71.515, 250.140, & 393.107

Except for Kansas City and St. Louis, no municipality supplying an occupant of a premises water or sewer services shall hold an owner liable for the delinquent payment of such services of the occupant. Such municipality may sue the occupant to recover any sums owed plus reasonable attorney's fees.

No water or sewer provider in the state supplying an occupant of a premises water or sewer services shall hold an owner liable for the delinquent payment of such services of the occupant. Such provider may sue the occupant to recover any sums owed plus reasonable attorney's fees.

These sections are similar to HB 1409 (2010).

SECTION 77.305

This section allows the city council of Washington to submit a question to a vote of the people as an advisory referendum. If a majority of the voters vote in favor of the question, it shall be used only to indicate the preference of the voters and shall not have the force and effect of law.

This section is similar to a provision of SS/SCS/HCS/HB 376 (2009) and SB 581 (2010).

SECTION 79.025

If the adjacent territory proposed for annexation by Byrnes Mill does not contain any registered voters, such city shall not proceed with annexation until it has obtained the written consent of all the property owners within such area.

This section is identical to HB 2172 and a provision of HCS/SCS/SB 942 (2010) and SS/HCS/HB 1806 (2010).

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.

This section is similar to HB 1680 (2010).

SECTION 92.013

St. Louis City may include as a charge on bills issued for real estate taxes any charge for trash collection. Unpaid costs of trash collection shall be certified to the city collector. If the cost is not paid, the tax bill shall be considered delinquent and the collection of such bill shall be governed by the laws governing delinquent taxes. Such tax bill shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.

This section is similar to a provision of SS/SCS/HCS/HB 1290 (2010).

SECTIONS 92.715, 140.100, & 141.830

These sections increase the monthly interest rate charged from 1% to 2%, increases the maximum annual interest rate from 10% to 18%, and repeals the prime rate limitation on the interest rate for delinquent property taxes in the City of St. Louis.

These sections are identical to HB 2071 (2010), HCS/SCS/SB 887 (2010), and SS/SCS/HCS/HB 1290 (2010).

SECTION 94.271

This section authorizes the City of Grandview to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promoting tourism. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is identical to certain provisions of SCS/SB 1089 (2008), SB 165 (2009), SS/SCS/HB 1442 (2010), HB 1567 (2010), SB 668 (2010), HCS/SCS/SB 887 (2010), and SS/SCS/HCS/HB 1290 (2010).

SECTION 94.832

This section authorizes North Kansas City to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promotion, operation, and development of tourism and convention facilities. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is similar to provisions of SCS/SB 863 (2010), SS/SCS/HB 1442 (2010), SCS/SB 862 (2010), HCS/SCS/SB 887 (2010), and SS/SCS/HCS/HB 1290 (2010).

SECTION 94.834

This section authorizes the City of Sugar Creek to impose, upon voter approval, a transient guest tax of up to 5% per occupied room, per night for the promotion of tourism. Motels owned by not-for-profit organizations are exempt from this provision.

This section is similar to HB 1568 (2010) and SB 862 (2010).

SECTION 94.840

This act authorizes the City of Raytown to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promotion, operation, and development of tourism and convention facilities. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is identical to provisions of SB 863 (2010), SS/SCS/HCS/HB 1290 (2010), SS/SCS/HB 1442 (2010), and HB 2259 (2010).

SECTION 94.845

The act authorizes the City of Van Buren to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for general revenue purposes. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is similar to provisions of SCS/SB 863 (2010) and SCS/SB 862 (2010).

SECTION 94.1011

This section allows Waynesville, upon voter approval, impose a transient guest tax of not more than 3% per room per night for funding a multipurpose conference and convention center.

This section is similar to HB 1388 (2010), SB 916 (2010), and a provision of SS/SCS/HCS/HB 1290 (2010).

SECTIONS 104.190 & 104.480

The state auditor may audit the "Transportation Department Employees' and Highway Patrol Retirement System" and "Missouri State Employees' Retirement System" every three years rather than being required to do so.

These section are identical to certain provisions of SS/SB 714 (2010) and SS/HCS/HB 2357 (2010).

SECTIONS 115.305, 115.342, & 115.346

Candidates for public office cannot be in arrears for unpaid city taxes or municipal user fees. Upon receiving a complaint that a candidate is delinquent in payment, the department of revenue shall notify the candidate, who shall have 30 days to pay the amount owed before being disqualified.

These sections are similar to provisions of HCS/HB 1590 (2010), SS/SCS/HCS/HB 1290 (2010), SCS/SB 881 (2010), HB 1739 (2010) and SCS/SB 826 (2010).

SECTIONS 115.350 & 115.348

Currently, persons convicted of a felony in Missouri shall not qualify as a candidate for public office. Under this act, persons shall also not qualify as candidates for public office, including those for political subdivisions, who have been convicted of a crime in another jurisdiction that would be felony in this state, been convicted of a crime under federal law, or been convicted of a crime in this state or another jurisdiction that involves misconduct on public office or dishonesty.

The provision in Section 115.348 stating that no person shall qualify as a candidate for elective public office in Missouri who has been convicted of a felony or misdemeanor under federal law has been repealed.

SECTIONS 135.950, 135.957, 135.960, 135.963, 135.967, & 135.969

These sections modify provisions of the enhanced enterprise zone program by creating a tax credit which will be available to taxpayers that establish a new business facility in a certified industrial zone approved or designated as an enhanced enterprise zone by the Department of Economic Development. Certified industrial zones are defined as any area of real property that encompasses at least one hundred acres which has been approved by the department as a certified site; has been found by ordinance of the governing body to be blighted; and is located in a census tract which has a poverty rate of at least twenty percent or for which the median income is less than the greater of eighty percent of the statewide median income or eighty percent of the metropolitan median income for the metropolitan statistical area in which the zone is located.

A taxpayer who receives tax credits for establishing a new business facility in a certified industrial zone cannot also receive tax credits from the new or expanded business facilities, enterprise zones, relocating a business to a distressed community, or Missouri Quality Jobs programs. To receive the tax credit, a taxpayer must employ at least two new individuals at the new business facility and invest at least one million during the taxable year in which the credit is claimed or at least ten million dollars in the aggregate for the new business facility. Tax credits may be issued over a period of up to ten years and will be equal to ten percent of the gross wages of each new employee at the facility and five percent of the investment made in the new business facility within an enhanced enterprise zone.

Taxpayers may receive the tax credit for an existing facility which expands if they invest at least one hundred thousand dollars and hire at least two additional employees during the tax year in which the credits are claimed. The tax credits must be claimed for the taxable year in which commencement of commercial operations occurs at the new business facility and for each of the following nine years in which the credit is issued. The credits cannot be carried forward, but are refundable and transferable provided that the sale price of such credits cannot be less than seventy-five percent of par value.

The Department of Economic Development must verify that an applicant does not owe any delinquent taxes penalties, fees, assessments, or insurance taxes prior to the issuance of any tax credits. Taxpayers who are delinquent between June 15th and July 1st will be given thirty days to satisfy such delinquency. Available credits will be applied to delinquencies and any remaining credits will be issued to the applicant.

These provisions are similar to HB 2026 (2010), SB 999 (2010), HCS/SCS/SB 887 (2010), and SS/SCS/SB 895 (2010).

SECTIONS 137.115 & 144.055

Commercial vehicles licensed with a gross weight over 10,100 pounds or more that are powered only by battery generated electrical energy if produced before January 1, 2014, shall be assessed and valued for purposes of taxation at 17%.

SECTIONS 137.180 & 137.355

Under current law, assessors in counties without a charter form of government will be required to provide taxpayers with a projected tax liability notice which must accompany a notice of increased assessed value effective January 1, 2011. This act extends the effective date for the projected tax liability notice requirements for assessors in counties without a charter form of government and Jefferson County to January first of the year following the year in which such assessors receive software from the state tax commission which is necessary to provide such notices. For all calendar years prior to January first of the year following receipt of such software, all assessors in counties without a charter form of government and Jefferson County will be required to provide property owners with additional information accompanying the notice of increased assessed value. The notice shall include the previous assessed value and any increase, provide a statement indicating that the change in assessed valued may impact the record owner's tax liability, and provide processes and deadlines for appealing determinations of the assessed value. Such notice shall be provided in a way that alerts the record owner of the potential impact on tax liability and the available appellate processes.

Effective January 1, 2011, the St. Louis County Assessor, must provide taxpayers with a notice that information regarding the assessment method and computation of value for such real property is available on the assessor's website and provide the website address whenever the assessor notifies such taxpayers of changes in assessed value. Such notification shall provide the assessor's contract information so taxpayers without internet access can request and received such information.

These sections are similar to SS/SCS/SB 588 (2010), SS/SCS/HCS/HB 1290 (2010), SCS/HCS/HB 1316 (2010).

SECTION 137.243

Currently, to determine the "projected tax liability" the assessor, on or before March 1st of each tax year, shall provide the clerk with the assessment book containing the real estate values and the prior year's personal property values. Under this act, it shall be done ever odd-numbered tax year.

SECTION 138.431

This section allows one change of hearing officer for each party to an appeal heard by the State Tax Commission. A party to an appeal need not show cause to receive a change of hearing officer, but must file a written application to disqualify the assigned hearing officer within thirty days of such assignment. Assignment of a hearing officer will be deemed to have occurred when the first scheduling order is issued by the commission and signed by the hearing officer assigned, unless otherwise stated in the order.

This section is identical to SB 686 (2010), HB 1486 (2010), SS/SCS/HB 1442 (2010), and a provision of SCS/HB 1392 (2010).

SECTION 139.100

No interest shall be charged against a person who fails to pay taxes due to the collector because an illness prevents him or her from being present at home, provided that within 60 days following the due date, the person pays the full amount and gives the collector a written request for a waiver of interest containing a notarized letter from the person's doctor stating the person's medical reason for not being able to pay in a timely manner.

This section is similar to HB 2108 (2010).

SECTIONS 140.150, 140.170, 140.190, 140.230, 140.250, 140.260, 140.290, 140.310, 140.340, 140.405, and 140.420

These sections change the laws regarding the sale of real property for the collection of delinquent taxes.

The collector is required to send up to three notices to the publicly recorded owner of record of the real property prior to the publishing of a tax sale. The first notice is to be by first class mail. If the assessed valuation of the property is greater than $1,000, a second notice must be sent by certified mail. A third notice is required to the owner of record and the occupant of the real property if the second notice is returned unsigned.

If the county collector determines that an adequate legal description of tax sale property cannot be obtained from documents available through the recorder of deeds, the collector may commission a professional land surveyor to prepare an adequate legal description of the property. Costs of the survey will be taxed as part of the sale costs. The assessed valuation of property that can be listed without a legal description or the name of the record owner is increased from $500 to $1,000.

The certificate of purchase will be conveyed to an agent if the purchaser is a nonresident, and the agent must convey the property to the nonresident. These sections require that the highest bid at a sale on the third successive year must be at least equal to the sum of the delinquent taxes, interest, penalties, and costs as it is required when it was initially offered and at the second successive year it was offered. 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. The purchaser is required to pay a fee to the collector to record the certificate of purchase in the office of the county recorder.

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. 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 and the required certified mail notifications, interest at the rate specified on the certificate, and any taxes paid by the purchaser plus 8% interest.

Within 120 days prior to receiving a collector's deed, a tax sale purchaser must obtain a title search report from a licensed attorney or title company detailing the ownership and encumbrances on the property. Requirements for service of the 90 days' notice of the right of redemption that a tax sale purchaser must send to the owner of record and other persons who hold publicly recorded claims on the property are revised. The contents of the affidavit that a tax sale purchaser must provide to the collector before receiving a collector's deed to the property are revised to include the required title search and the 90 days' notice service requirements.

These sections are similar to provisions of HCS/HB 1420 (2010), HCS/SB 686 (2010), SCS/HCS/HB 1316 (2010), SS/SCS/HCS/HB 1290 (2010).

SECTION 144.030

Currently, all sales made by religious or charitable organizations in their educational functions or activities are exempt from state and local sales and use tax. Under this act, Sales made by such organizations in any location containing more than 5,000 square feet primarily devoted to such sales shall not be included in the exemption.

The section creates a state and local sales and use tax exemption for sales of utilities by sports complex authorities at such authority's cost that are consumed in connection with the operation of a sports complex leased to a professional sports team.

This section are identical to provisions of SS/SCS/HB 1442 (2010).

SECTION 144.810

This section provides state and local sales and use tax exemptions for all machinery, equipment, computers, electrical energy, gas, water and other utilities including telecommunication services used in new data storage centers and server farm facilities. The act also provides a state and local sales and use tax exemption for purchases of tangible personal property for the construction, repair, or remodeling of a new data storage center or server farm facility. In order to receive the sales tax exemption provided for new data storage centers and server farm facilities, an application must be made to the Department of Economic Development for certification. Such application must show that the project will result in at least five million dollars of new facility investment over a three year period.

The section also creates a state and local sales and use tax exemption for existing data storage centers and server farm facilities for all machinery, equipment, computers, electrical energy, gas, water and other utilities including telecommunication services. The exemption will only apply to the increase in expenditures for utilities over the previous year's expenditures. The exemptions for tangible property will be available only on the increase in expenditures over the average of the previous three years expenditures. In order to receive the sales tax exemption provided for existing data storage centers and server farm facilities, an application must be made to the Department of Economic Development for certification. Such application must show that the project will result in at least one million dollars of new facility investment over a one year period.

The Department of Economic Development and the Department of Revenue are authorized to conduct random audits to ensure compliance with the requirements for state and local sales and use tax exemptions authorized under the act.

This section is similar to SB 868 (2010) and HB 1684 (2010).

SECTIONS 169.020 & 169.324

The state auditor may audit the "The Public School Retirement System of Missouri" every three years rather than being required to do so.

A retired member of the system who performs substitute, part-time, or temporary employment for an employer in the system cannot earn more than fifty percent of the annual salary or wages he or she was last paid by the employer prior to retirement and receiving a retirement allowance. If a person exceeds these limits, his or her retirement allowance will be suspended for the month in which the limit was exceeded and any subsequent month in the school year the person receives remuneration from any employer in the retirement system.

These sections are similar to provisions of SS/SB 714 (2010) and SS/HCS/HB 2357 (2010).

SECTION 182.647

This section requires the librarian of a consolidated public library district to submit an annual status report to the district board by September 30th of each year, rather than August 31st. It also requires the board to submit such report and an independent audit to the county commission and the Missouri State Library by October 31st of each year, rather than September 30th.

This section is similar to HB 1559 (2010), SB 919 (2010) and a provision of SS/SCS/HCS/HB 1290 (2010).

SECTIONS 184.500, 184.503, 184.506. 184.509, & 184.512

These sections authorize the establishment of the Kansas City Zoological District which may be composed of Jackson, Clay, Platte, and Cass Counties at the option of the voters of each such county. Upon voter approval, each member county will be authorized to levy a county-wide sales tax, not to exceed one quarter of one percent, for the benefit of the district. The district will be governed by a commission which will provide for the support of zoological activities within the member counties of the district. The commission must provide annual reports to the governing body of each member county, the Kansas City Board of Parks and Recreation, and the Friends of the Zoo, Inc. detailing the commission's operations and transactions. Administrative expenses of the district incurred during the first six months of existence will be covered by the counties comprising the district.

These sections are similar to SB 1002 (2010) & HB 2297 (2010).

SECTION 204.300

Under current law, the board of trustees for a common sewer district located in Jackson and Cass counties consists of 8 members. This section increases the membership to 10 by adding 2 additional city mayors on the board.

This section is similar to provisions of SCS/HB 1612 (2010), and SB 791 (2010).

SECTION 221.105

This section requires the state, if it would otherwise be liable for costs, to reimburse counties for housing prisoners on its behalf, upon the final disposition of the case, whether the imposition or execution of a sentence is suspended or imposed.

Amounts chargeable to the state under this section are subject to appropriations.

SECTION 226.720

Under the current law, no person or corporation may maintain a junkyard within 200 feet of a state or county road unless the junkyard is screened by a fence. A failure to screen such a junkyard from the motoring public is a misdemeanor. This section changes the penalties for junkyard screening violation by making the first violation a Class C misdemeanor and a 2nd or subsequent violation a Class A misdemeanor. In addition to the penalties, the violators shall be ordered to remove the junk or build a fence to screen the junk from the public.

SECTION 246.310

The provisions of Section 262.802, relating to abeyance of water and sewer assessments, shall not apply to any drainage district or levee district.

This section is identical to a provision of SCS/HCS/HB 1316 (2010), CCS/HCS/SB 795 (2010), HCS/SCS/SB 887 (2010), HCS/SB 893 (2010), and SS/SCS/HCS/HB 1290 (2010).

SECTION 249.425

This section authorizes the metropolitan sewer district (MSD) to enter into design-build contracts for projects that exceed $1,000,000. MSD shall establish a written procedure for prequalifying contractors before they will be allowed to make a proposal on a project. MSD shall adopt procedures for the design-build contracting process and is authorized to issue a request for proposals to a maximum of five contractors who are prequalified. MSD may require approval of any person performing subcontract work on the project.

Before the prequalification process, MSD must advertise in a manner outlined by the act. If it fails to receive at least two submissions from prequalified contractors, MSD shall readvertise. MSD shall have the ability to reject all submissions and proposals.

This section outlines the process by which MSD will accept proposals and award contracts. The contract shall be awarded to the contractor representing the best overall value to the district in terms of quality, technical skill, and cost. MSD shall pay a reasonable stipend to prequalified contractors who submit a proposal but are not rewarded the contract.

The payment bond requirements of Section 107.170 shall apply to design-build projects. All persons furnishing services are deemed to be covered by the payment bond. However, the performance bond for the contractor does not need to cover the design services as long as the contractor, or its subcontractors providing design services, carry professional liability insurance in an amount established by MSD in the request for proposals.

Any person providing architectural, engineering, or land surveying services for the contractor on the project shall be licensed or authorized by the state to provide such services. MSD shall retain an architect or engineer to assist and perform certain contract administration functions for the project. Such architect or engineer cannot act as the contractor on such project.

Any contractor that enters into a design-build contract with MSD is exempt from the requirement that such person hold a certificate of registration or authority if the architectural, engineering, or land surveying services are performed through subcontracts with properly licensed or authorized persons and are not performed by the contractor or its employees.

This section is similar to HB 2031 (2010) and provisions of SCS/SB 729 (2010) and SS/SCS/HCS/HB 1290 (2010).

SECTION 249.669

Any sewer district established under Sections 249.430 to 249.668 in any county with a charter form of government may subdivide into subdistricts, issue bonds, collect annual rental charges, and construct and finance additional lateral sewers.

This section is similar to HB 1263 (2010).

SECTION 260.205

This section requires the Department of Natural Resources to establish minimum design, siting, operation, inspection, monitoring, financial assurance, and closure requirements by regulation for all material recovery facilities. The department may establish different requirements depending on the nature and content of the solid waste streams processed by the facility, the degree of automation to be used in the processing and recovery activities, the amount and type of nonrecyclable wastes remaining after resource recovery, and other factors as determined by the department. Until the material recovery facility regulations have become final and effective, the department is prohibited from issuing any permit to construct or operate a material recovery facility unless the facility processes only solid waste collected as part of a source-separated or single-stream residential, commercial, or industrial recycling program.

This section is identical to HB 2371 (2010) and a provision of HCS/SCS/SB 887 (2010).

SECTION 260.247

This section requires any city or political subdivision that owns or operates a solid waste processing facility where the collection or processing of solid waste is currently being provided by a private entity to notify the entity by certified mail of its intent to own or operate a processing facility in the area.

No city or political subdivision may begin ownership or operation of a solid waste reprocessing facility where solid waste processing is currently handled by a private entity until at least five years from notifying the private entity of its intent to begin operation. If the city or political subdivision does not begin processing solid waste within six years of the notification, it must renotify the private entity and pay the private entity an amount at least equal to the sum the entity would have received for providing the services if the services were provided under a contract.

This section is identical to HB 2472 (2010) and a provision of HCS/SCS/SB 887 (2010).

SECTION 301.4010

This section allows for a special license plate for members of the National Wild Turkey Federation.

This section is identical to HB 1585 (2010).

SECTION 301.4015, 301.4015, 301.4016, 301.4017, 301.4019, 301.4021, 301.4023, 301.4025, 301.4027, and 301.4029

These sections change the laws regarding off-highway vehicles. They require a person when applying for an original certificate of ownership for an all-terrain vehicle or a recreational off-highway vehicle to submit an affidavit explaining how the vehicle was acquired, an inspection performed by law enforcement verifying that the vehicle has not been reported stolen in the national crime information center and any appropriate statewide law enforcement computer, and a photocopy of the bill of sale establishing ownership of the vehicle.

These sections also require a nonresident to annually obtain and display a permit from the Department of Natural Resources to operate an off-highway vehicle in Missouri beginning January 1, 2011, or to display a valid highway license on the vehicle. The cost of the permit will be $20. They require the department to issue a printed user certificate to be carried by the user of the vehicle at all times.

These sections allow a duplicate user certificate to be obtained by filing an affidavit explaining the need for the replacement and submitting an $8 replacement fee. They specify that all certificates will expire on December 31th of the registration year. Off-highway vehicles owned and operated by the United States, another state, or any other political subdivision, vehicles participating in officially sanctioned race events, and licensed or unlicensed motorcycles from the permit requirements are exempt from the provisions.

These sections create the Off-Highway Vehicle User Permit Fund to be administered by the department for the deposit of all off-highway vehicle user fees and the $8 replacement fee as well as gifts, donations, bequests, or appropriated funds. 35% of the moneys in the fund must be spent for informational and educational programs relating to safety, the environment, and the responsible use of off-highway vehicle recreation. The remaining 65% must be used for the designation, construction, maintenance, renovation, and repair of off-highway routes and trails; designation, management, and acquisition of land for access roads and off-highway recreation facilities and use areas; enforcement of off-highway vehicle laws; off-highway vehicle-related informational and environmental programs, information, signage, maps, and responsible use programs; mitigation of damages to land and revegetation; prevention and restoration of damages to natural and cultural resources; and environmental, historical, and cultural clearance or compliance activities.

Moneys in the fund cannot be used to construct new off-highway vehicle trails on environmentally or culturally sensitive land unless the appropriate land management agency determines that the new construction would benefit or protect cultural or sensitive sites. Anyone violating the provisions of the substitute will be guilty of an infraction.

These sections are similar to HCS/HB 2042 (2010).

SECTION 302.341

This section modifies the "Macks Creek" law. Under current law, if any city receives more than 35% of its annual gross general operating revenue from fines and court costs for traffic violations occurring on state highways, all revenues in excess of the 35% threshold are distributed to the county schools. This section provides that traffic violations shall include moving and nonmoving violations and any moving violations that are pled or amended to nonmoving violations.

This section is identical to a provision of SCS/HB 2111 (2010) and HCS/SB 716 (2010).

SECTION 319.030

This section specifies that underground facility owners must inform excavators of their facility within two working days from receipt of notice of the excavation. The provision stating that the two working days begins as 12:00 a.m. following the receipt of the request by the notification center is repealed. Instead, the two working day period begins upon receipt of the excavator's notice of intent the request for a meeting and shall end on the second working day thereafter at the same time of day. If the excavator's notice of intent or request to meet is received before 8:00 a.m. on a working day, such period of time shall begin at 8:00 a.m. If received after 5:00 p.m. or on a non-working day, the period of time shall begin at 8:00 a.m. on the first working day after the date of receipt.

SECTION 320.097

Currently, upon approval of the board of aldermen, a fire department employee shall not be required to live within the department boundaries if the only public school district in the area has been unaccredited or provisionally accredited in the last five years of the person's employment.

Under this section, no employee who has worked for the department for seven years shall be required to live within the department boundaries if the only public school district in the area has been unaccredited or provisionally accredited in the last five years of the person's employment. Employees who have satisfied the seven-year requirement and who choose to reside outside the department boundaries shall reside within a one-hour response time.

The section removes the provision allowing the voters of St. Louis City to prevent: 1) the enactment of these provisions in the city, and 2) requiring the employees of the city to forfeit 1% of their salaries in order to reside outside of the city.

This section is identical to HCS/SB 739 (2010).

SECTION 321.017

Under this section, no employee of a fire protection or ambulance district shall serve as a member of any fire protection or ambulance district board in the same county where such person is employed. Currently, this restriction applies in all circumstances.

This section is identical to HB 1371 (2010).

SECTION 321.018

Persons contracting to provide professional legal and accounting services for a fire protection district shall not receive compensation after lawful termination of the contract by the governing body of such political subdivision, except for services actually rendered.

This section is similar to a provision of HB 1739 (2010), SB 881 (2010), and a provision of SCS/SB 826 (2010) and SS/SCS/HCS/HB 1290 (2010).

SECTION 321.130

This section states that any fire protection district director who is found guilty of or pleads guilty to a felony shall immediately forfeit such office.

This section is similar to a provision of HCS/HB 1205 (2010), SCS/SB 881 (2010), HB 1739 (2010), SS/SCS/HCS/HB 1290 (2010), and SCS/SB 826 (2010).

SECTION 321.250

Fire protection districts located at least partially within charter counties or the City of St. Louis must certify their ad valorem property tax rates by no later than October first of each year. All other fire protection districts must certify their rates no later than September first of each year.

This section is similar to a provision of SCS/HB 1392 (2010) and SS/SCS/HCS/HB 1290 (2010).

SECTION 349.045

This section repeals the provision, which provides a different composition for the industrial development corporation board of directors in Grundy County.

SECTION 393.320

This section establishes procedures for the sale of water or sewer systems of a small utility to a large public utility. When a small water utility decides to sell its water or sewer system to a large public utility, it may by ordinance or other action authorize the appraisal of such system and designate the time such appraisal is due. Any such sale shall include resolution of any compliance issues and obtaining a new permit and shall also include transfer of any state permit authorizing the system.

The appraisal shall be performed by three disinterested Missouri residents appointed to serve as appraisers. The section outlines the requirements for such appraisers and their duties. If all three appraisers cannot agree on the appraised value, an appraisal signed by two of them will be a valid appraisal.

This section allows either utility, after receiving the appraisal, to decline to proceed with the sale. If the small utility is a municipality required to submit the proposed sale to a public vote, the vote must be conducted as required by law.

It also specifies that the purchase price or the appraised value of the system, whichever is less, and the transaction, closing, and transition costs incurred by the large public utility will be the ratemaking rate base for the small utility as incorporated into the ratemaking rate base of the district designated by the large public utility. However, if the small water utility is subject to Chapter 386 and completed a rate case prior to the acquisition, the public service commission (PSC) may select as the ratemaking rate base for the small water utility as acquired by the acquiring later water public utility a rate base between: 1) the lesser of the purchase price and the appraised value, together with the reasonable transaction, closing, and transition costs incurred by the large water public utility unless such costs are elsewhere recoverable in rates; and 2) the rate base of the small water utility as ordered by the PSC in it's last previous rate case as adjusted by improvements and depreciation reserve since the previous rate case together with the transition, closing, and transaction costs incurred by the large water public utility unless such costs are recoverable in rates.

If the sale occurs, any past due fees due to the state from the small water utility shall be paid prior to the sale or the liability for such fees become the responsibility of the large water public utility. Such fees will not be included in the large water public utility's rate base.

The PSC shall issue its decision establishing the ratemaking rate base of the small water utility in its order approving the acquisition.

This section is similar to HB 2196 (2010) and HCS/SB 897 (2010).

SECTION 429.015

Currently, architects, engineers, landscape architects, land surveyors, and corporations registered to do the work of these professions who perform work on buildings or land have a lien on the building or land to the extent of one acre. This act increases the lien to encompass three acres.

This section is similar to a provision of SB 867 (2010).

SECTION 429.110

Currently, architects, engineers, landscape architects, land surveyors, and corporations registered to do the work of these professions who perform work on buildings or land can have a lien on the building or land. Currently, the fee to record the notice of such a lien is 25 cents, and the fee for copies of such notice is 50 cents. This section states that such notice shall be accompanied by an applicable recording fee.

This section is similar to a provision of SS/SCS/HCS/HB 1290 (2010).

SECTION 431.210

This section specifies that the automatic renewal of contracts for service, maintenance, or repair to or for any residential real property intended for personal, family, or household use will be invalid unless a written notice by certified mail or email is given to the customer 30 to 90 days prior to the contract being renewed. Contracts for credit insurance and service contracts regulated under Chapter 385 are excluded from these provisions.

This section is identical to HB 1218 (2010).

SECTION 447.535

This section exempts intangible property due or owed by a business association to or for the benefit of another business association resulting from the normal and ordinary course of business from the provisions relating to unclaimed property and the Uniform Disposition of Unclaimed Property Act.

The State Treasurer shall not enforce the provisions of Chapter 447, RSMo, relating to lost and unclaimed property more than three years after the holder of property filed a report or gave express notice of a dispute. If a report is filed fraudulently with the intent to evade escheatment of property, the State Treasurer can enforce these provisions within six years after the report was filed. If no report is filed, the State Treasurer may enforce these provisions at any time.

This section is identical to HB 1993 (2010).

SECTION 473.739 & 473.742

These sections specify that the required continuing instruction for certain public administrators in counties of the first classification does not have to be "classroom" instruction.

Public administrators from a second, third, or fourth classification county or St. Louis City, who choose to receive an annual salary shall receive $2,000 of such salary only if he or she has completed at least 20 hours of instruction each year approved by a professional association of the county public administrators of Missouri. The professional association approving the program shall provide a certificate of completion for the training and send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session shall be reimbursed to the public administrator in the same manner as other expenses.

These sections are identical to SCS/SB 808 (2010) and certain provisions of HCS/SCS/SB 887 (2010) and SS/SCS/HCS/HB 580 (2010).

SECTION 516.098

Currently, except when there is fraud, no action to recover damages for an error or omission in a land survey may be brought against the person performing such survey more than 5 years after the discovery of the omission or error. Under this section, such action may not be brought ten years from the completion of the survey.

SECTION 537.620

Currently, three or more political subdivisions of the state may form a business entity for the purpose of providing liability and other insurance. Public and quasi-public governmental bodies also may join the entity. This section specifies that risk coverages procured by a member of the entity shall not be deemed to constitute a contract, purchase, or expenditure of public funds for which competitive bids must be solicited.

This section is identical to HB 2098 (2010), HCS/SCS/SB 887 (2010), and SS/SCS/HCS/HB 1290 (2010).

SECTION 1

For the purpose of interpreting all tax measures that are required by law to be enacted by popular vote, the fractional requirement for passage of such measures shall be deemed satisfied if, and only if, the popular vote percentage is greater than or equal to a four decimal percentage equivalent of the fraction with the last decimal in the ten thousandths position increasing by adding one. This section shall not be construed to permit or require the rounding of any fractional requirements that do not appear in the context of tax measures that are required by law to be enacted by popular vote.

SECTION 2

This section authorizes the governor to convey state property in St. Francois County to the City of Farmington.

This section is identical to provisions of HB 1823 (2010), HCS/SS/SCS/SB 680, HCS/SS/SCS/SB 580 (2010), SS/SCS/HB 2317 (2010), and SCS/HB 2285 (2010).

SUSAN HENDERSON MOORE