Missouri Senate

House Committee Substitute

COMPENSATION FOR COUNTY SERVICES TO MUNICIPALITIES (50.332)

Under current law, county officers who contract with municipalities to perform services is paid to either the county or county officer, or both, as specified under the contract.

This act provides that the municipality pay the county directly and the county commission may compensate the county officer.

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 similar to provisions of 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 SB 729 (2012), SB 871 (2010), SB 1254 (2008), certain provisions of SS/SCS/HB 376 (2009), HCS/SB 386 (2009), and SB 256 (2009).

COUNTY EMPLOYEES' DEATH BENEFITS (50.1130 & 50.1140)

This act specifies that an active member of the County Employees' Retirement System who dies after December 31, 2002, and before becoming vested will receive a death benefit of $10,000 and the amount equal to the member's accumulated contributions to the fund.

This provision is contained in HCS/HBs 1741 & 1543.

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) and are similar to SB 659 (2012).

LOCAL COURT DEBT COLLECTION (67.136)

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.

This provision is similar to the perfected version of HCS/HB 1211.

POLITICAL SUBDIVISION BIDDING STANDARDS ACT (67.314)

This act creates the "Political Subdivision Construction Bidding Standards Act". This act does not apply to political subdivisions that have specific state or local competitive bidding requirements that are equivalent to, 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 to, or stricter in, its requirements, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding contracts that exceed $25,000.

Bids shall be advertised in the following manner: through publication in a central repository developed by the office of administration, or a private firm under contract with the office, at no cost to the state; on the political subdivision's own website if it has a link to the central repository; in a newspaper of general circulation located in the same county as the political subdivision, or an adjoining county, for a period of once a week for two consecutive weeks; or through publication, at no cost to the public subdivision, in a central repository developed by an organization representing political subdivisions. The political subdivision may, in addition to advertising in the manner described above, also advertise the bids in business, trade, or minority newspapers.

The advertising requirements do not apply when a political subdivision has publicly stated, in writing, that the political subdivision is using a sole source method to award a construction contract because of the unique nature or limited availability of materials, equipment, or skills for the construction project.

If a political subdivision fails to follow the requirements, any person who bid on the contract, or any person who would have placed a bid, has standing to seek an order that the contract be rebid within 15 days of the contract being awarded.

This provision is similar to a provision contained in the perfected version of SCS/HB 142 (2011).

NEIGHBORHOOD IMPROVEMENT DISTRICT ASSESSMENTS (67.463 & 67.469)

Currently, the Boone County Collector is authorized to collect a fee when collecting special assessments for Neighborhood Improvement Districts. This act allows county collectors in any county to collect this fee.

This act also expands the existing law that allows liens against property to be foreclosed for failure to pay Neighborhood Improvement district special assessments, so that first class counties and the city of St. Louis may also foreclose on these liens by a land tax sale under the provisions of law that govern land tax sales in those counties.

These provisions are identical to provisions of HCS/HB 1865 (2012) and HB 1592 (2012).

ECONOMIC DEVELOPMENT TAX BOARDS (67.1305)

This act allows a city that adopts or has already adopted a local option economic development sales tax to increase the number of members on the economic development tax board. The city will designate by order or ordinance whether the board has five or nine members. If the city designates a nine member board, the area school districts and the county will each appoint one new member to the board, and the city will appoint two new members to the board. The act also specifies how the board members' terms are staggered.

This provision is similar to a provision of HB 1455 (2012) and identical to a provision of SCS/HCS/HB 1623 (2012) and SB 845 (2012).

SPECIAL ASSESSMENTS FOR COMMUNITY IMPROVEMENT DISTRICTS (67.1521)

Despite contrary provisions of law, currently the county collector in Boone County is authorized to add special assessments levied for community improvement districts to the annual real estate tax bills for the properties being benefitted by the district. Unpaid special assessments on the first day of January are considered delinquent and enforcement of the delinquent bills is governed by the laws concerning delinquent and back taxes. A lien may be foreclosed in the same manner as a tax upon real property by land tax sales. This act allows these provisions to apply to any county.

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).

CHRISTIAN COUNTY DRINKING WATER SUPPLY LAKE AUTHORITY (67.4505)

This act allows Christian County to establish a county drinking water supply lake authority.

This provision is identical to HB 1660 (2012) and HCS/SCS/SB 781 and is similar to HB 89 (2011) and SB 360 (2011).

VOLUNTARY ANNEXATIONS (71.012, 71.014, and 71.015)

This act specifies that a petition requesting a voluntary annexation needs to be notarized instead of verified. Any action to invalidate a previous annexation must be brought within three years of the date of the adoption of the annexation ordinance, except for an action to deannex an area for failure of the annexing municipality to provide required services to the area within three years. In that situation, the action must be brought within four years from the effective date of the annexation.

This provision is identical to HB 1573 (2012).

TAXATION OF SECURITY COMPANIES (94.110)

This act adds residential and commercial alarm and security companies to the list of businesses from which a third class city may collect a license tax.

TAXATION OF TIME-SHARE UNITS (137.016)

This act modifies the definition of residential property for property tax purposes to include time-share units unless they are rented.

If a time-share unit is rented, the assessor is required to tax as commercial the percentage of nights actually rented over the number of nights the unit was available for use, but not rented.

This provision is contained in HCS/HB 1818 (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.

All property held by a land trust that is within Kansas City is required to be transferred to the land bank. 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. 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.

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.

These provisions are similar to provisions of HCS/SCS/SB 692 (2012), SB 795 (2012) and HB 1659 (2012).

SPRINGFIELD SCHOOL DISTRICT BOARD MEMBERS (162.485)

This act provides that members appointed to fill vacant board seats after August 28, 2012, will serve the remainder of the replaced member's term.

In addition, the director of the Springfield School Board is limited to four three-year terms after August 28, 2012.

This provision is similar to HB 2027 (2012).

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 substantially similar to SB SS/781 (2012) and is identical to HB 1114 (2012).

FIRE PROTECTION DISTRICT REGULATION OF NEW CONSTRUCTION (321.228) This act prohibits a fire protection district from enforcing any regulations dealing with new residential construction if the city, town, village, or county in which the construction is located has already adopted regulations for such construction.

Fire protection districts, do, however, have final regulatory authority over the location and specifications of fire hydrants and fire lanes and may inspect of certain dwellings. They may not collect a fee for such services.

This provision is contained in HCS/HB 1458 (2012).

REAL ESTATE APPRAISAL COMPLAINTS (339.098)

This act specifies that any person who has a real estate appraisal ordered for property he or she owns or has a contract to purchase will have standing to file a complaint with the Real Estate Appraisers Commission within the Department of Insurance, Financial Institutions and Professional Registration.

This provision is identical to HB 1766 (2012) and HB 1885 (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 contained in HCS/SCS/SB 692 (2012).

SPRINGFIELD ADMINISTRATIVE ADJUDICATION (479.011)

This act allows Springfield to establish an administrative adjudication system.

This provision is contained in the perfected version of HCS/HB 1256 (2012).

SPRINGFIELD MUNICIPAL COURT BUILDING (479.085)

This act allows the City of Springfield to impose a surcharge of $10 on all municipal code violations to fund the construction and maintenance of the municipal court building.

ELECTRONIC MONITORING (544.455 & 557.011)

Under current law, a judge may place a person who is awaiting trial or found guilty and sentenced under house arrest with electronic monitoring if the person can pay the costs of the electronic monitoring.

This act allows the judge to also place the person on house arrest with electronic monitoring if the county commission agrees to pay the costs of the monitoring.

SUNSHINE LAW EXCEPTIONS (610.021)

This act expands the list of records that a political subdivision may close to public inspection under the Sunshine Law to include records that contain email addresses and records that identify security systems or codes for privately-owned real property.

SPRINGFIELD SCHOOL DISTRICT ELECTIONS (Section 1)

Beginning with the April 2013 municipal election, candidates for election to the board of the Springfield School District in which more than one seat is open must declare their candidacy for a specific seat, designated by letter. Candidates nominated by petition must also be designated for a particular seat. No school board member can serve more than four three-year terms after August 28, 2012.

These provisions are identical to HB 2027 (2012).

TRACE WIRE REQUIREMENT FOR SEWER AND WATER LINES (Section 2)

This act requires installers and repairers of lateral sewer pipes and water service lines to use trace wire or a similar device to mark the pipes and lines that are within a public right-of-way, easement, or street.

MEGHAN LUECKE