HB 161 Modifies provisions relating to political subdivisions

     Handler: Schmitt

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 161 - This act modifies provisions relating to political subdivisions.

AUDITS ON PUBLIC WATER SUPPLY DISTRICTS - 29.390

This act allows the State Auditor to audit certain public water supply districts in St. Charles County. The Auditor shall conduct an audit beginning August 28, 2013, and the audit shall be complete by March 15, 2014. The Auditor may request reimbursement costs for conducting the audit. If the Auditor requests, the public water supply district shall remit payment to the Office of the State Auditor. The payment shall be credited to the Petition Audit Revolving Trust Fund.

MISSOURI PUBLIC PROMPT PAYMENT ACT - 34.057 & 107.170

This act modifies the Missouri Public Prompt Payment Act and the law relating to public works projects.

Under current law, all public works contracts made by a political subdivision for a public works project must provide for prompt payment to the contractor. This act provides that the contracts must also provide for prompt payment of any professional engineer, architect, landscape architect, or land surveyor.

Currently, a public owner may retain 5% of the value of a public works contract or up to 10% if it is determined by the public owner and the architect or engineer determine that a higher rate is required to ensure performance.

This act provides that a public owner may retain up to 10% if the contractor is not required to obtain a bond because the contract is not estimated to exceed $50,000.

Under current law, retainage may be adjusted prior to completion when work is proceeding satisfactorily and retainage is paid after substantial completion of the contract or per contract terms. In such cases, 200% of the value of the remaining work is withheld until completion. This act provides that 150% of the value is withheld until completion.

Under current law, the public owner must pay the retainage after substantial completion of the work to contractor. This act requires the owner to pay at least 98% of the retainage to the contractor, a subcontractor, or a supplier.

This act also provides that, if the owner determines the work is not substantially completed, the owner must provide a written explanation within 10 calendar days to the contractor, subcontractor, or suppliers responsible. If the explanation is not given, the public body must pay at least 98& of the retainage within 30 calendar days.

Currently, contractors must pay subcontractors and suppliers when they receive payment less any retention not to exceed 10%. This act lowers the retention to 5%.

Current law provides that when the public owner does not release full payment due because there are specific areas of work or materials the owner is rejecting, the subcontractors or suppliers involved are not paid for the rejected work. This act specifies that the subcontractors or suppliers are not paid provided the owner gives a written explanation as to why the work or supplies were rejected.

This act requires the public owner include any withheld retainage with final payment of moneys owed to the contractor within 30 days of the due date. In addition, this act requires the public owner to pay any professional engineer, architect, landscape architect, or land surveyor the amount due within 30 days after receiving an invoice. If full payment is not made, the contracting agency must pay 1.5% interest per month it remains unpaid.

Currently, contractors on public works projects are obligated to require contractors to furnish a bond when the estimated cost of the project exceeds $25,000. This act changes that amount to $50,000.

This act is similar to SB 383 (2013), SB 862 (2012), and HB 641 (2013).

COUNTY BUDGET DECREASES - 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 an unanticipated decline in funding of two percent or greater.

The budget reduction may not affect any one independently elected 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, 2016.

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

This provision is identical to a provision of the truly agreed to and finally passed SS#2/SCS/HB 116 (2013), the truly agreed to and finally passed HB 451 (2013), HCS/SCS/SB 692 (2012), SS/SCS/HCS/HB 1623 (2012) and HCS/SCS/SB 729 (2012), and is similar to a provision of HCS/HB 1373 (2012), HB 1573 (2012), HB 1307 (2012), HCS/SS/SCS/SB 580 (2010) and HB 1793 (2010).

COUNTY BUILDING CODES - 64.170 & 64.205

Under current law, first and second class counties may adopt building codes if given the authority by the voters. This act allows all counties to adopt building codes when authorized by voters.

This act also provides that county building codes do not apply to structures used solely for agricultural purposes.

This provision is identical to SB 24 (2013).

FIRST RESPONDER POLITICAL PROHIBITIONS - 67.145 & 84.830

Under this act, political subdivisions cannot prohibit first responders from engaging in political activity while off duty and not in uniform or being a candidate for or holding a public office unless the activity or candidacy is otherwise prohibited by law.

This act repeals provisions of law which currently prohibit any employee or officer of the Kansas City Police Department from belonging to a political party committee, being a ward committeeman or committeewoman, or making contributions of any kind for political activity. Also repealed is a provision that prohibits any person from soliciting a police employee, officer, or a member of the police board for any political purpose.

Current law prohibits a Kansas City officer or employee from soliciting any person to vote for or against a candidate for public office, "poll precincts", or be connected with similar political work for a political organization, party, or candidate. Under this act, those activities are only prohibited while the officer or employee is on duty or in uniform.

Provisions of this act are identical to the truly agreed to and finally passed SB 216 (2013), the truly agreed to and finally passed CCS/SS/SCS/HB 307 (2013), and SB 216 (2013) and are similar to SB 419 (2011), SB 18 (2007), SB 189 (2009), and SB 579 (2010).

NEIGHBORHOOD IMPROVEMENT DISTRICTS - 67.457, 67.463, & 67.469

This act requires the county or city clerk of the governing body creating a neighborhood improvement district (NID) to file a notice with the recorder of deeds in the county where the land is located. Such notice shall contain the following information: each owner of property in the NID listed as a grantor, the governing body establishing the NID listed as a grantee, a legal description of the NID, and the identifying number or a copy of the ordinance creating the NID.

This provision is identical to SB 248 (2013), a provision of the truly agreed to and finally passed CCS#2/SCS/HCS/HB 1035 (2013), and a provision of the truly agreed to and finally passed SS/SCS/HCS/HB 175 (2013), and is similar to SCS/SB 248 (2013) and HB 980 (20130, and similar to a provision in SCS/SB 83 (2013).

Currently, the Boone County collector is authorized to collect a fee when collecting special assessments for Neighborhood Improvement Districts (NID). This act allows any county collector to collect this fee.

This act also expands the existing law that allows liens against property to be foreclosed for failure to pay NID special assessments, so that certain first class counties, charter 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 a provision of the truly agreed to and finally passed SS/SCS/HCS/HB 175 (2013), a provision of the truly agreed to and finally passed CCS#2/SCS/HCS/HB 1035 (2013), and SB 138 (2013) and are similar to provisions of SCS/SB 83 (2013), HCS/HB 74 (2013), HB 568 (2013), SS/SCS/HB 1170 (2012) and SS/SCS/HCS/HB 1865 (2012).

ST. CHARLES COUNTY CONVENTION AND SPORTS FACILITIES AUTHORITY - 67.1153

Under current law, commissioners of the St. Charles County Convention and Sports Facilities Authority are appointed by the Governor with the advice and consent of the Senate.

This act provides that, beginning August, 28, 2013, successor commissioners and vacancies on the authority are appointed by the governing body of the county.

TRANSIENT GUEST TAXES IN DOUGLAS AND MONTGOMERY COUNTIES - 67.1368

This act allows the counties of Douglas and Montgomery to, upon voter approval, impose a transient guest tax of up to five percent per occupied room per night.

ANNEXATION PROCEDURES - 71.012 to 71.015 & 72.401

Under current law, owners of recorded fee interests in property in an area may file a verified petition requesting annexation. This act provides that such owners may request annexation by filing a notarized, rather than a verified, petition.

This act also provides that a petition not being verified or notarized shall not affect the validity of an annexation.

In addition, this act requires any action seeking to deannex or challenge an annexation or to oust a municipality from an annexed area must be brought within five years of the adoption of the annexation ordinance.

This act provides that any annexation approved by a majority of property owners in St. Louis County when the annexing municipality provides water and sanitary sewer service shall not be subject to review by the St. Louis County Boundary Commission.

These provisions are similar to provisions in the truly agreed to and finally passed SB 58 (2013).

NUISANCE ABATEMENT ORDINANCES - 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), a provision of the truly agreed to and finally passed CCS/HCS/SB 23 (2013), SB 57 (2013), and HB 60 (2013).

COUNCIL TERMS IN THIRD CLASS CITIES - 77.030

This act allows council members in third class cities to serve four-year terms by vote of the people. If four-year terms are approved, the extended terms begin with any council member elected to office after the approval of the ballot question.

This provision is identical to HCS/SB 90 (2013) and is similar to the truly agreed to and finally passed HB 163 (2013).

PASSAGE OF ORDINANCES IN THE CITY OF FARMINGTON - 77.675

This act provides an alternate method of adopting or repealing 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), a provision of the truly agreed to and finally passed CCS/HCS/SB 23 (2013), and a provision of SCS/HB 60 (2013).

ST. LOUIS SUPERVISOR OF PARKING METERS - 82.485

Under current law, the Supervisor of Parking Meters in the City of St. Louis must supervise a parking enforcement division and a parking meter division. This act provides that the supervisor only has to supervise a parking division.

This act provides that revenues derived from the parking division rather than employees of the Supervisor of Parking be deposited in the parking meter fund.

Current law also provides that the director of the parking meter operations serves on the Parking Commission. This act provides that the director of parking operations serves on the commission.

This act is identical to the truly agreed to and finally passed HCS/HB 656 (2013) and substantially similar to SB 423 (2013).

LAND SALES UNDER CHAPTER 92 - 92.387

This act requires any sale of lands under Chapter 92 to be subject to valid recorded covenants running with the land and valid easements of record or in use.

This provision is identical to HB 892 (2013).

TRANSIENT GUEST TAXES IN THE CITIES OF JONESBURG AND NEW FLORENCE - 94.1060

This act allows the cities of Jonesburg and New Florence to adopt, upon voter approval, a transient guest tax of up to five percent per occupied room per night.

These provisions are identical to provisions of the truly agreed to and finally passed CCS/HCS/SB 23 (2013).

TAXES EXEMPT FROM TIF - 99.845

Currently, fifty percent of additional revenue generate by taxes and attributable to economic activities in a redevelopment area utilizing tax increment financing are to be deposited into the special allocation fund for the TIF project. Certain taxes are exempt from this deposit requirement.

This act adds to the list of exemptions what is commonly referred to as the "Arch Tax" and, for projects approved after August 28, 2013, taxes imposed to pay for emergency communications systems.

This provision is identical to a provision of SCS/HCS/HB 653 (2013), a provision of the truly agreed to and finally passed CCS/SS/HB 336 (2013), a provision of the truly agreed to and finally passed CCS#2/SCS/HCS/HB 1035 (2013), a provision of the truly agreed to and finally passed CCS/HCS/SB 23 (2013), and a provision of the truly agreed to and finally passed HCS/HB 128 (2013).

MISSOURI MUSEUM DISTRICT ACT - 184.800 TO 184.865

This act also modifies the Missouri Museum District Act. The act expands the scope of museum districts to include buildings or areas used for promoting culture and the arts, including theater, music, entertainment, public places, libraries, and other public assets. The act restricts the creation of museum and cultural districts under these provisions to situations where the property is located within a disaster area. The act requires that petitions to create museum and cultural districts be filed within five years of the Presidential declaration establishing the disaster area. The museum and cultural district can include property parcels that are not connected to each other. Legal voters who live in the proposed district will not be required to be listed on the petition to create the district, will not be required to be served a copy of the petition creating the district, and will not have statutory authority to sue to support or oppose the creation of the district. The board of directors of the district will be made of five members who are all elected at a public meeting. The General Assembly is authorized to make appropriations from general revenue to a district created under this act for a period of twenty years after January 1, 2013. In addition to a sales tax, the board is authorized to impose, with the approval of qualified voters, a fee of up to one dollar on any person or entity that offers or manages an event in the district and charges admission for the event. The district will not be required to contract only with a not-for-profit or governmental entity to operate and manage any museum or cultural asset in the district.

These provisions are identical to provisions of HCS/HB 158 (2013) and provisions of the truly agreed to and finally passed CCS/HCS/SB 23 (2013).

TRANSPORTATION DEVELOPMENT DISTRICTS - 238.272

Current law provides that the state Auditor must audit a transportation development district at least once every three years and may audit more frequently. The costs of the audit are paid by the district.

This act provides that the Auditor may audit each district not more than once every three years and that the costs of the audit may not exceed the greater of three percent of gross revenues received by the district.

This provision is identical to a provision in the truly agreed to and finally passed CCS#2/SCS/HCS/HB 1035 (2013), the truly agreed to and finally passed SS#2/SCS/HB 116 (2013), and is similar to HB 909 (2013).

ANNEXATION OF FIRE PROTECTION DISTRICT PROPERTY - 321.322

Under current law, when certain cities annex property located within the boundaries of a fire protection district, the city takes over fire protection service for that property and the fire protection district can no longer collect taxes upon such property. This act provides that when the City of De Soto annexes property located within a fire protection district, the district and not the city continues to provide fire and emergency medical services to the annexed property.

The fire protection district may not tax the annexed area except for any bonded indebtedness that existed prior to the annexation. The annexing city must pay the district an amount equal to that which the fire protection district would have levied on all taxable property within the annexed area.

This provision is identical to a provision of the truly agreed to and finally passed CCS/SS/SCS/HB 307 (2013) and a provision of the truly agreed to and finally passed CCS/SS/HB 336 (2013).

FIRE PROTECTION DISTRICTS - 321.690

Under current law, there are specific audit provisions for fire protection districts in St. Louis and Greene County. This act removes Greene County from these provisions.

This provision is identical to HB 66 (2013).

SPRINGFIELD MUNICIPAL COURT SURCHARGE - 479.085

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

This provision has an expiration date of December 31, 2033 and is identical to a provision of HCS/SB 100 (2013) and HCS/HB 371 (2013).

MEGHAN LUECKE


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