SB 57 Modifies provisions relating to public works contracts, city ordinances, and hospital district taxes, and limits damages in civil actions against mining companies
Sponsor: Romine
LR Number: 0119H.06C Fiscal Note available
Committee: Agriculture, Food Production and Outdoor Resources
Last Action: 5/17/2013 - In Conference--SB 57-Romine, with HCS, as amended (Further conference granted) Journal Page:
Title: HCS SB 57 Calendar Position:
Effective Date: August 28, 2013
House Handler: Engler

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Current Bill Summary


HCS/SB 57 - This act modifies provisions relating to public works contracts, nuisance abatement ordinances, and hospital district taxes, allows the City of Farmington to pass ordinances by vote of the people, and limits damages in civil actions against certain mining and milling companies.

PUBLIC WORKS CONTRACTS - Sections 8.683 & 8.685

Under current law, a construction manager awarded a management services contract for a public works project is prohibited from bidding on or performing the actual construction on the project and any construction firm that controls, is controlled by, or shares common ownership or control with, the manager is prohibited from bidding on or performing work on the project. This act allows the construction manager and any associated construction firms to bid on or perform construction on such projects.

This act allows those awarded contracts to perform construction work on public projects to contract directly with the construction manager.

Current law prohibits a construction management services contract from being awarded if the construction manager or associated firm assumes financial responsibility for the work of others on the project, provides a guaranteed maximum price for such work, or gives a performance or payment bond for other contractors on the project. This act provides that the contract may be awarded regardless of whether the manager or firm engages in such acts.

NUISANCE ABATEMENT ORDINANCES - Section 71.285

This act allows the cities of Farmington and Perryville to remove weeds or trash without a hearing or notice from a property that has more than one ordinance violation within a growing season for overgrown weeds or within a calendar year for trash.

Such cities may recoup the costs of the removal from the property owner by issuing a special tax bill to be collected with other taxes assessed against the property. If the bill is not paid when due, the cities may charge eight percent interest on the amount owed.

The provisions of this act do not apply to lands owned by a public utility or any rights-of-way, easements or lands controlled by a railroad.

This provision is identical to a provision of the truly agreed to and finally passed SB 58 (2013) and HB 60 (2013).

PASSAGE OF ORDINANCES IN THE CITY OF FARMINGTON - Section 77.675

This act provides an alternate method of adopting ordinances for the City of Farmington that allows such ordinances to be put to a vote of the people prior to being finally passed.

In order to bring the ordinance to a vote, a majority of the city council must pass a bill that sets forth the ordinance and includes a provision requiring that the ordinance be passed by the voters. Upon the mayor's signature and approval, the question of whether to adopt or repeal the ordinance is placed on the ballot at the next municipal election.

If a majority of the registered voters of the city approve the ordinance, then it becomes law.

This provision is identical to the truly agreed to and finally passed SB 58 (2013).

HOSPITAL DISTRICT TAXES - Sections 96.155, 144.032, 205.205, & 206.165

This act allows city and county hospital districts formed under Chapters 96, 205, and 206 to abolish the current property taxes authorized to fund hospital operations and establish a sales tax for such operations instead. Such change can only occur after an election and approval of citizens of the respective city or county districts.

These provisions are identical to SB 447 (2013) and SB 468 (2013).

HARD ROCK MINING CIVIL ACTIONS - Section 640.236

This act prohibits punitive or exemplary damages in civil claims against owners or managers of hard rock mining or milling sites that stopped operating prior to January 1, 1975, and are making good faith efforts to remediate the sites.

This act also caps punitive and exemplary damages in such cases at $500,000 against all defendants in the action. In addition, this act requires one-half of an award for punitive or exemplary damages to be paid into the Missouri lead abatement loan fund.

This provision is similar to a provision of the truly agreed to and finally passed SS/SCS/HB 650 (2013).

MEGHAN LUECKE

HA 1: MAKES IT AN INFRACTION AND FINE OF $500 FOR A PERSON UNDER 21 YEARS OLD TO USE A FALSE ID TO GET INTO A GAMBLING BOAT OR CASH A CHECK.