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SS/SCS/SB 580 - This act modifies various provisions relating to political subdivisions. SECTION 49.310 (page 2) 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 has an emergency clause. This section is identical to HB 1707 (2010). SECTION 50.660 (page 3) 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 for at least thirty 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 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) and HB 376 (2009). SECTION 50.783 (page 5) 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) and HB 376 (2009). 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 (Section 52.290 begins on page 6, Section 55.140 on page 11, Section 139.031 on page 107, Section 140.160 on page 117, Section 165.071 on page 136) 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 or the county collector becomes a collector-treasurer, 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) and SB 736 (2010). SECTION 55.030 (page 10) 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 $2500 or more, rather than $250. This section is identical to HB 939 (2009), a provision of SS/SCS/HB 376 (2009) and HCS/SB 386 (2009), SB 354 (2009) and SB 628 (2010). SECTION 56.700 (page 12) Under this section, the county counselor of Boone County shall receive $15,000 for duties relating to mental health and mental health facilities and an additional amount not to exceed $15,000 for investigative and clerical personnel assisting with such duties. The sums shall be paid out of the state treasury from funds appropriated for such purposes and received in the form of a reimbursement to county general revenue funds. This section is similar to SCS/SB 258 (2009). SECTION 59.003 (page 15) This section requires requests for records filed by the recorder of deeds dated after December 31, 1969 be made to the office in which the record was originally filed. This section is similar to a provision of SB 362 (2009). SECTION 64.170 (page 15) This section allows Boone County to adopt, by order or ordinance, regulations to control the minimum standards of occupancy for residential units rented or leased and also to develop a program for licensing and inspecting the units. The county may recover the costs to administer the program through establishing reasonable fees. This section is similar to SB 247 (2009). SECTION 67.110 (page 16) 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 SB 860 (2010). SECTION 67.309 (page 19) This section allows counties of the first classification 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 identical to a provision of HCS/SB 386 (2009). SECTION 67.314 (page 20) 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 $6,000 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 or 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. 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. Political subdivisions shall not be required to comply with these advertising requirements until the office of administration develops such central repository at no cost to the state. 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. SECTION 67.402 (page 24) This section allows Andrews and Buchanan counties to enact nuisance abatement ordinances regarding the condition of real property. This section allows the counties covered by the statute to adopt nuisance abatement ordinances involving land with tires or storm water runoff conditions resulting in damage to buildings. No county shall have the power to adopt ordinances under this section governing any railroad company, telecommunications or wireless company, public utility, rural electric cooperative, or municipal utility. This section is similar to SB 286 (2009) and HB 1303 (2010). SECTION 67.456 (page 28) This section specifies the manner in which each parcel of property in a neighborhood improvement district will be assessed if a single parcel within the district is divided into additional parcels within five years of the final costs of the improvement's assessment. This section is identical to a provision of HCS/SB 386 (2009). SECTION 67.1000 (page 29) 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 act increases the maximum levy for only Jefferson City from five percent to seven percent. Such increase will become effective only upon voter approval. SECTION 67.1080 (page 31) Currently, certain county taxes, upon voter approval, are levied for a specific period of time and must be extended by another voter approval. This section authorizes counties to use ballot language which indicates that the tax is an extension of an existing tax and not a new tax. This section is identical to HB 431 (2009) and HB 1594 (2010). SECTION 67.1360 (page 32) This section authorizes the City of Sugar Creek, 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 identical to SB 507 (2009). SECTION 67.1361 & 70.220 (Section 67.1361 begins on page 38, Section 70.220 on page 84) 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). SECTION 67.2000 (page 41) 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), HB 1502 (2010), and SB 700 (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, and 68.260 (page 53) 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, port authorities located within Clay County shall not have the authority to establish port improvement districts. 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. 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. The sections are similar to SB 215 (2009) & SB 578 (2010). SECTION 71.285 (page 86) Currently, certain cities, including specific third class cities, are allowed to remove weeds and trash at the owner's expense, as a special tax bill, if the property is in violation of the city ordinances more than once during the year. This section would allow any city of the third classification to have such power. SECTION 77.305 (page 91) This section allows the city council of a third class city 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 identical to a provision of SS/SCS/HCS/HB 376 (2009) and SB 581 (2010). SECTION 94.271 (page 91) 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 the SCS/SB 1089 (2008) and SB 165 (2009). SECTION 94.840 (page 92) 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. SECTION 94.900 (page 94) This section authorizes the governing body of the City of Peculiar to seek voter approval for the imposition of a sales tax to fund public safety improvements. The amount of the tax cannot exceed one-half of one percent and will be in addition to all other sales taxes authorized by law. This section is identical to SB 447 (2009). SECTION 94.902 (page 98) 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) and SB 668 (2010). SECTION 137.1040 (page 103) 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 section 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 similar to SB 168 (2009) and the perfected version of SB 822 (2008). It is identical to SB 743 (2010). SECTION 138.431 (page 105) 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). SECTIONS 140.150, 140.170, 140.190, 140.230, 140.250, 140.260, 140.290, 140.310, 140.340, 140.405, and 140.420 (Section 140.050 begins on page 116, Section 140.70 on page 118) 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 identical to HB 1420 (2010). SECTIONS 181.060 & 182.802 (page 137) These sections authorize 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. These sections also provide that state appropriations to public library districts will not be affected by voluntary reductions in property tax levies, resulting from the enactment of a district sales tax, provided the proceeds from such sales tax equal or exceed the amount of the reduction in property tax revenue. These sections are similar to SB 266 (2009) and identical SB 713 (2010). SECTION 190.056 (page 141) 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), a provision of SS/SCS/HB 376 (2009), SB 122 (2009), and SB 741 (2010). SECTION 221.105 (page 146) This section requires the state, if it would otherwise be liable for costs, to reimburse counties for housing prisoners on its behalf, regardless of the final disposition of the case. SECTION 231.444 (page 148) This section allows Chariton and Carroll counties to seek voter approval to impose a tax of up to $1 per acre on agricultural and horticultural property to be used to purchase road rock. SECTION 1 (page 149) This section authorizes the governor to convey state property in St. Francois County to the City of Farmington. This section is identical to HB 1823 (2010). SUSAN HENDERSON MOORE SA 1 - Allows only public library districts located at least partially within Franklin, Warren, Gasconade, or Butler Counties to seek voter approval to impose a sales tax to fund the operation and maintenance of libraries within such district SA 2 - States that a port improvement district cannot impose a real property tax on railroad property unless the owner agrees to such tax in writing SA 3 - Allows only Boone County to establish curfew ordinances under Section 67.309 rather than all counties of the first classification SA 4 - Removes Section 231.444 from the bill SA 5 - Authorizes Waynesville, upon voter approval, to impose a transient guest tax to be used for a multipurpose conference and convention center SA 6 - Authorizes Montgomery County, upon voter approval, to impose a transient guest to promote tourism SA 7 - Makes it 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. SA 8 - Increases the penalties for unscreened junkyard violations SA 9 - Removes Section 67.456 from the bill SA 10 - Increases the assessed valuation a county must maintain in order to move into a higher classification SA 11 - Prohibits a school district in Chesterfield from operating a recycling center within 500 feet of a residential property SA 12 - Requires at least four days notice before voting by governing bodies of local governments on tax increases, eminent domain, and certain districts and projects SA 13 - Authorizes Blue Springs, upon voter approval, to impose a sales tax to fund public safety SA 14 - Modifies provision of law requiring notices of projected tax liability (amendment is pending)
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