SB 692 Modifies provisions relating to political subdivisions
Sponsor: Stouffer
LR Number: 5469L.04C Fiscal Note available
Committee: Jobs, Economic Development and Local Government
Last Action: 5/16/2012 - Defeated on H Third Reading Journal Page: H2062-2062
Title: HCS SCS SB 692 Calendar Position:
Effective Date: August 28, 2012
House Handler: Asbury

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HCS/SCS/SB 692 - This act modifies provisions relating to political subdivisions.

PERSONAL IDENTIFYING INFORMATION IN EMERGENCY REGISTRIES (44.035)

This act provides that any personal identifying information used in a voluntary governmental registry for use in emergencies is not a public record under the Sunshine Law. The act further provides that it does not allow emergency service providers, such as police or firefighters, to deny lawful requests for records under the Sunshine Law.

This provision is identical to HCS/HB 1358 (2012), HB 1564 (2012), and HB 1573 (2012).

COUNTY BUDGET DECREASE (50.622)

This act allows and establishes procedures for counties to decrease their annual budgets no more than twice each fiscal year when faced with unanticipated funding of two percent or greater.

The budget reduction may not affect any one independently affected officeholder unless all officeholders who receive funds from the same budget category have negotiated ways to cover the shortfall. Also, the reductions may not impact any dedicated fund created by law.

The provisions of this act expire on July 1, 2015.

Charter counties may follow procedures in their charters for amending their budgets rather than the provisions of this act.

This provision is identical to SS/SCS/HCS/HB 1623 (2012) and HCS/SCS/SB 729 (2012), and is similar to HCS/HB 1373 (2012), HB 1573 (2012), HB 1307 (2012), HCS/SS/SCS/SB 580 (2010) and HB 1793 (2010).

COUNTY PURCHASES IN CERTAIN COUNTIES (50.660 & 50.783)

Under this act, Boone, Christian, and Greene counties are not required to obtain bids on purchases of $6,000 or less. Such amount is set at $4,500 for counties under current law.

Under current law, counties may waive competitive bidding when the County Commission determines that there is only one feasible source for the supply. 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 act changes the notice and advertising requirements for Boone, Christian, and Greene counties, so they are only required to advertise and post notice on such proposed purchases when they exceed $6,000.

These provisions are similar to the truly agreed to and finally passed SCS/SB 729 (2012), HCS/SS/SB 781 (2012), SB 871 (2010), SB 1254 (2008), certain provisions of SS/SCS/HB 376 (2009), HCS/SB 386 (2009), and SB 256 (2009).

ELECTRONIC TRANSMISSION OF TAX BILLS (52.230 & 52.240)

The act allows collectors in certain counties, except for counties under township organization, to electronically send tax bills.

This act also prohibits taxpayers in these counties, who pay their property taxes by fifteen days after the delinquent date or fifteen days after the county collector certifies that the bill was mailed, from being charged penalties or interest when the county collector certifies that the statement was not mailed by the deadline due to system failures or other reason.

These provisions are identical to HCS/HB 1521 (2012), HCS/HB 1397 (2012), and HCS/SCS/SB 729, and are similar to HB 1398 (2012), HCS/HB 1542 (2012), SB 659 (2012) and SS/SCS/HCS/HB 1623 (2012).

COUNTY BUILDING CODES (64.170)

Under current law, first and second class counties may adopt building code ordinances for the purposes of public safety, health and general welfare, to protect life and property, and to prevent fire.

This act authorizes any county to adopt such building code ordinances and adds the purpose of promoting energy efficiency.

This provision is identical to a provision in HB 1809 (2012).

LOCAL COURTS (66.010, 67.136, & 67.320)

Currently, county municipal judges must be licensed to practice law in Missouri and residents of the county they serve. This act removes the residency requirement and allows counties to set by ordinance any other requirements for the position.

The act authorizes cities and counties that have established municipal courts to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a finding of guilt for a criminal offense or infraction or entry of a civil judgment.

Currently, Jefferson County is allowed to prosecute and punish violations of its county orders in a municipal county court. This act allows any county of the first class to establish a county municipal court and prosecute violations of its county orders in such court.

Currently, county municipal court judges are appointed by the county commission of that county, subject to confirmation by the legislative body of that county. This act requires that if Franklin County creates a county municipal court, the first judges are appointed by the county commission for terms of four years and subsequent judges are elected for terms of four years.

These provisions are similar to the perfected version of HCS/HB 1211, SS/SCS/HCS/HB 1623 (2012), and the truly agreed to and finally passed version of CCS/HCS/SB 628 (2012), and are identical to HCS/HB 1256 (2012), HCS/SB 636 (2012), and HCS/HB 1397 (2012).

LATERAL SEWER SERVICE LINE REPAIR PROGRAM (67.313)

This amendment authorizes cities, towns, villages, and sewer or water supply districts, to seek voter approval for the imposition of a monthly fee of up to $4 per sewer line on residential property having four or fewer dwelling units to fund the repair or replacement of the sewer lines on that property.

If approved by a majority of voters, the city, town, village, or sewer or water supply district may, by ordinance, provide for the administration of the program or contract with others through competitive bidding to administer the program. The costs of such a contract may not exceed 5% of the fund.

The fee may be collected via the annual property tax bill. The collector of the political subdivision may collect the fee in the same manner as the collector does for delinquent tax bills.

This provision is identical to HCS/HB 1358 (2012) and HB 1573 (2012), and is similar to HB 1143 (2012) and HB 1947 (2012).

SPECIAL ROAD AND BRIDGE TAX (67.548)

This allows the counties of Cass, Clay, and Platte that have approved a countywide sales tax to enter into agreements with cities, towns, villages, and special road districts to work cooperatively on the roads and bridges located in the county. . County funds that may be distributed include general

revenue and revenue from the special road and bridge levy.

Each city, town, village, or special road district must continue to receive its share of the county's special road and bridge levy, if any, that is annually considered by the commission. If the special road and bridge levy is not set at a level of at least 14 cents on each $100 assessed valuation, the commission must distribute additional funds from any available county source in an amount that will, when combined with the special road and bridge levy revenues, allow it to distribute funds equal to the funding level of at least 14 cents on each $100 assessed valuation. Additionally, if at least 50% of a special road district is located in a city, town, or village, that entity must be entitled to receive the special road district's portion of any funds not paid through the special road and bridge levy.

These provisions are identical to the truly agreed and finally passed CCS/HCS/SCS/SB 480 (2012), HCS/SCS/SB 729 (2012), HB 1592 (2012), and HB 2110 (2012).

CARTER COUNTY TRANSIENT GUEST TAXES (67.1018)

This act adds charges for RV sites, campsites, lodges, bed and breakfasts, cabins, RV parks, and campgrounds to the list of places transient guests must pay taxes in Carter County.

Currently, the tax can be imposed on charges for all sleeping rooms, hotels, and motels.

In addition, this act specifies that the tax cannot be less than 2% per occupied room or site per night.

All of the revenue generated from the tax must be used to fund the promotion, operation, and development of tourism. Under current law, half of the revenue from the tax is used to fund county law enforcement and the other half goes to the

promotion of tourism.

This provision is identical to SS/SCS/HB 1170 (2012), HCS/HB 1397 (2012), and HB 1552 (2012).

COUNTY ORDINANCE VIOLATIONS (67.2010)

Under current law, associate circuit judges in Cass County may hear and determine county traffic ordinance violations. This act expands that authority to associate circuit judges in Greene County and allows the associate judges in both counties to hear any county ordinance violations adopted pursuant to statutory authority.

This provision is identical to SB 574 (2012), and a provision contained in HCS/HB 1211 (2012), HCS/HB 1256 (2012), HCS/HB 1397 (2012), SCS/HCS/HB 1623 (2012), HCS/SB 636 (2012), HCS/SCS/SB 729 (2012), and CCS/HCS/SB 628 (2012).

BOUNDARY COMMISSION APPROVAL OF MUNICIPAL ANNEXATION (71.009)

This act requires the St. Louis Boundary Commission to approve any voluntary annexation sought by a municipality within 14 days if the municipality demonstrates that a majority of the property owners in the area to be annexed support the annexation, the area is consistent with a boundary change proposal adopted by the municipality, and the municipality provides water and sewer services within the municipality.

This provision is identical to a provision of HB 1573 (2012) and HCS/HB 1358 (2012).

FOURTH CLASS CITY MARSHAL (79.050 & 79.055)

This act allows the board of aldermen of a fourth class city to provide by ordinance that the city marshal is appointed rather than elected. Under current law, the position is elected.

These provisions are identical to provisions in HCS/HB 1397 (2012).

NORTH KANSAS CITY SALES TAX (94.902)

This act authorizes North Kansas City to impose a sales tax up to one-half of one percent for improving public safety, upon approval of the voters.

This act is identical to SB 887 (2012), HB 1802 (2012), a provision of HCS/HB 1358 (2012), HCS/HB 1397 (2012), and HCS/SB 668 (2012).

FIXTURES ON LAND NOT OWNED BY THE LANDOWNER (137.010, 140.010, 140.150, 140.170, 140.470, & 140.530)

This act modifies the definition of "real property" for purposes of state tax law to include fixtures that are not owned by the owner of the land upon which they are located. Such fixtures may be sold at a delinquent tax sale by providing the parcel or locator number of the real property improvement or fixture, the legal description of the land upon which it is located, and a clear statement that only the real property improvement or fixture is being sold and not the underlying land.

These provisions are contained in HB 1249 (2012) and are similar to HCS/SB 668 (2012).

ST. FRANCOIS COUNTY SPECIAL ROAD AND BRIDGE TAX (137.556)

Currently, certain counties are required to spend at least twenty-five percent of the money coming to the county from the special road and bridge tax levied within a city, town, or village on repairing and improving existing roads, streets, and bridges within the city or town where the money came from. This act exempts St. Francois County from this requirement.

This provision is identical to the truly agreed and finally passed SB 736 (2012), HB 1701 (2012), and a provision of HCS/HB 1397 (2012).

KANSAS CITY LAND BANK AGENCY (141.210-141.1015)

The act authorizes the establishment of a land bank agency in Kansas City. This act also modifies provisions of law that apply to the sale of tax-delinquent property in certain first class counties and that govern land trusts in certain counties to provide for how these provisions will interact with land bank agency powers and operations.

The act authorizes Kansas City to create a land bank agency by adopting an ordinance or resolution. The board of commissioners of the land bank agency will have five, one member appointed by the county, one member appointed by the school district with the largest population in the county, and the remaining members appointed by Kansas City. Board members serve four year terms and may only be reimbursed for expenses.

All property held by a land trust that is within Kansas City is required to be transferred to the land bank, within a year after the city adopts the ordinance or resolution creating the land bank agency. Land bank property and income are exempt from state and local taxes.

The land bank has the power to borrow money, issue bonds, contract, invest money, and acquire, develop, demolish, rehabilitate, lease, sell, or otherwise dispose of real estate. The land bank does not have the power of eminent domain. To carry out its functions the land bank may hire staff, and contract with political subdivisions for staffing services. The act requires the land bank agency to have the approval of the municipality that created the land bank to issue bonds. Before the land bank can take certain actions, such as incurring debt, the action must be authorized by a majority of the entire board membership by role call vote.

The land bank is authorized to acquire property by gift, transfer, exchange, foreclosure, or purchase. The land bank is prohibited from owning real estate outside the boundaries of Kansas City, but may accept transfers of real estate from political subdivisions.

If a land bank bids at a tax foreclosure sale in amount that equals the amount of the tax liens, plus interest and costs, the land bank may be sold the property. If property inside Kansas City has been offered for sale at three different tax sales and has not sold, it is automatically transferred to the land bank. The act limits the land bank agency's ability to make certain bids at a sheriff's foreclosure sale to bidding on property that is located within a low to moderate income area designated as a target area for revitalization by the municipality that created the land bank agency.

After the land bank transfers property, for the next three years, the taxes on the real estate go to the land bank agency to fund its operations. The act also specifies how money from the sale of land bank property is distributed.

The land bank is subject to Missouri open meetings and open records laws.

Members of the board of the land bank and its employees are prohibited from having any interest in the land bank property, or from profiting from land bank operations.

A land trust and the land bank agency are authorized to file a court petition to quiet title to several parcels of property in one petition. The act requires the court to hold a hearing within ninety days of filing the petition and issue its final judgment within one hundred twenty days.

This act is similar to SCS/SB 795 (2012), the truly agreed to and finally passed SCS/HCS/HBs 1659 & 1116 (2012), and provisions of HCS#2/SCS/SB 729 (2012), and HCS/HB 1397 (2012).

INCOME TAX SETOFFS FOR AMBULANCE SERVICE BILLS (143.782, 143.789, & 313.321)

Under current law, the department of health and senior services processes claims submitted by health care providers requesting setoffs of income tax refunds to satisfy outstanding debts owed by taxpayers.

This act repeals the authority of the Department of Health and Senior Services to administer such a program and creates a system for ambulance service providers to utilize a private claim clearinghouse to process and verify requests for setoffs of taxpayer income tax refunds and lottery winnings to satisfy outstanding debts for ambulance services received.

Prior to utilizing the clearinghouse, an ambulance service provider must provide certain notices to patients and allow for various levels of review and appeals of such claims. To offset expenses incurred in collecting debts owed to ambulance service providers, a collection fee is assessed to each offset which is allocated among the clearinghouse and the Department of Revenue.

The act establishes a priority, with regard to setoffs, in which debts owed to ambulance service providers are second-to-last in priority.

These provisions are similar to HB 1210 (2012), a provision of HCS/HB 1397 (2012), HB 1998 (2012), SB 319 (2011), and HB 312 (2011).

TANEY COUNTY EMERGENCY SERVICES BOARD (190.335)

This act requires the Taney County Commission, upon voter approval of a county sales tax for central dispatching of emergency services, to appoint a seven-member board to administer the funds and oversee the provision of emergency services.

The board shall include the heads or a designee of the county's fire protection and ambulance districts, the sheriff or a designee, the head or a designee of any police departments in the county, and the head or a designee of the county's emergency management organizations.

This provision is identical to SB SS/781 (2012), HB 1114 (2012), a provision of SS/SCS/HCS/HB 1623, the truly agreed to and finally passed SS/HCS/HB 1647 (2012), and HCS/SCS/SB 729 (2012).

911 SERVICE OVERSIGHT (190.411, 190.415, & 190.445)

This act renames the "Advisory Committee for 911 Service Oversight" to the "911 Service Oversight Board" and moves provisions relating to the board to Chapter 190 from Chapter 650.

Several members who currently serve on the advisory committee are removed. Definitions associated with the committee are repealed.

These provisions are contained in HB 1768 (2012), HB 1780 (2012), HCS/HB 1358 (2012), HCS/HB 1458 (2012), and HCS/SCS/SB 781 (2012).

COUNTY HEALTH ORDERS (192.300)

This act prohibits counties from adopting any ordinance that applies to a facility used in the production or processing for commercial purposes of crops, livestock, swine, poultry, livestock products, swine products or poultry products.

SEWER DISTRICT LIENS (204.455)

This act requires the board of trustees of a common sewer district to notify a landowner delinquent charges and that the landowner has 30 days to correct the delinquency.

A failure to correct the delinquency in that time period will result in the charges becoming a lien upon the property after the board files a notice of delinquency with the recorder of deeds.

At the same time the notice of delinquency is filed, the board must notify the landowner of the filing and that the delinquency is a lien upon the property.

This provision is identical to HB 1991 (2012).

COUNTY HEALTH CENTER BILLS (205.042)

This act allows a county health center to make payments approved by its board of health center trustees through an electronic funds transfer system. Under current law, a center may only make payments using approved vouchers of the board.

This provision is identical to HB 1096 (2012), HCS/HB 1358 (2012), and a provision truly agreed to and finally passed in SS/SCS/HCS/HB 1094.

MOTOR VEHICLES OWNED BY POLITICAL SUBDIVISIONS (301.260)

This act allows a municipality to display its identifying information on plates placed on both sides of its motor vehicles in lieu of displaying such information in lettering on the sides of the vehicles.

This provision is identical to a provision in SS/SCS/HCS/HB 1623 (2012) and a provision in the truly agreed to versions of HB 1807 (2012) and CCS/SS/SCS/HCS/HB 1402 (2012).

MUNICIPAL FINES FROM MOVING VIOLATIONS (302.341)

Under current law, if a city, town, or village receives more than 35% of its annual revenue from fines and court costs for traffic violations on state highways, the revenues in excess of 35% are redirected to the schools in the county.

This act limits this provision for court costs to only apply to cities, towns, and villages with less than $2 million in general revenue that receives more than $70,000 for fines and court costs from cited moving violations.

Also, this act specifies that any moving violation that is finally adjudicated as a nonmoving violation counts under this provision as a moving violation.

Such cities, towns , and villages, under this act, must submit an annual report of the fines and court costs they have collected for moving violations to the Department of Revenue.

This act establishes a civil penalty of up to $1000 for failure to comply with the provision. The Department of Revenue enforces the provision.

This provision is contained in the truly agreed to versions of SB 470, SB 480, CCS/HCS/SB 568 (2012), and HB 1402 (2012). The provision is also contained in the perfected version of SB 443 (2012) and the truly agreed to version of HB 430 (2011).

USE OF MUNICIPAL STREETS (304.120)

Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles.

This act modifies this authorization by requiring municipalities to allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all routes within the municipality.

This provision may be found in the truly agreed to versions of SB 480, CCS/HCS/SS/SCS/SB 470 (2012), SS/SCS/HB 1251 (2012), and HB 1402 (2012). The provision is also contained in HCS/HB 1358, HB 1573 (2012), and SB 656 (2012).

TABLE TAP DISPENSING SYSTEMS (311.205)

This act allows holders of a license to sell alcohol by the drink at retail to utilize table tap dispensing systems at their establishments. These dispensing systems allow patrons, upon the authorization of an employee at the establishment, to dispense their own beer. Only 32 ounces of beer per patron may be dispensed per authorization. No law or rule shall be interpreted as allowing distributors, manufacturers, or wholesalers to furnish or service such dispensing systems.

This provision is identical to a provision contained in SCS/SB 615 (2012), HB 2102 (2012), HCS/HB 1397 (2012), and the truly agreed to and finally passed version of SS/SCS/HCS/HB 1498 (2012).

AUDIT REQUIREMENT FOR FIRE PROTECTION DISTRICT (321.690)

This act removes the provision that requires fire protection districts located in Greene County to have an audit performed every two years in conformance with rules established by the State Auditor.

This provision is identical to HB 1945 (2012).

REAL ESTATE APPRAISER LICENSE EXCEPTIONS (339.501)

Currently, no person may engage in real estate appraisal without a license unless they meet an exception.

This act creates an exception for persons employed by the property owner to represent the owner in appealing an assessment of the owner's property.

This provision is identical to SB 873 (2012) and a provision of HCS/SB 668 (2012) and HCS/SCS/SB 729 (2012).

RESTRICTIVE COVENANTS AND POLITICAL SIGNS (442.404)

This act prohibits a property owners' association from enforcing or adopting a restrictive covenant to prohibit a property owner from displaying political signs more than 90 days before the election and sooner than 10 days after the election.

A property owners' association may enforce and adopt covenants requiring a sign to be ground-mounted, allowing only one sign for each candidate or ballot item, and prohibiting nonstandard decorative components, attachment to plants, traffic control devices, lights, trailers, vehicles, or any other object, the painting of architectural surfaces, signs that threaten the public health or safety, signs larger than four feet by six feet; signs that violate a law, offensive signs, and signs accompanied by music, sounds, streamers, or other distractions to drivers.

The association may remove any sign displayed in violation of an authorized restrictive covenant.

This provision is identical to HB 1380 (2012).

LAND CONVEYANCE TO SEDALIA (SECTION 1)

This act allows the Governor to grant an easement to the City of Sedalia to construct a fire station on the property.

This provision is identical to HB 1325 (2012) and is similar to SB 578 (2012).

LAND CONVEYANCES TO THE HIGHWAY COMMISSION (Sections 2-12)

This act authorizes the Governor to transfer several pieces of real estate located throughout the state of Missouri to the State Highways and Transportation Commission.

These provisions are also contained in the perfected version of SB 665 (2012) and in HB 1820 (2012).

WIRELESS SERVICE PROVIDER ENHANCED 911 ADVISORY BOARD

This act repeals provisions relating to the "Wireless Service Provider Enhanced 911 Advisory Board". The board was tasked with assisting with the implementation of a federal order regarding 911 service and wireless phones.

Statutory authority for a fund created to support the implementation efforts is also repealed under this act as is a 50 cent fee imposed on each wireless telephone number.

MEGHAN LUECKE