SB 497 Modifies provisions relating to special purpose districts
Sponsor: Hegeman
LR Number: 2194L.01T Fiscal Notes
Committee: Jobs, Economic Development and Local Government
Last Action: 7/10/2015 - Signed by Governor Journal Page: S1763
Title: Calendar Position:
Effective Date: August 28, 2015
House Handler: Korman

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Current Bill Summary


SB 497 - This act modifies provisions relating to special purpose districts.

DISSOLUTION OF SPECIAL PURPOSE DISTRICTS - 67.950 & 67.955

Current law provides that a special purpose district may be dissolved upon a majority vote of the district. The election may be called upon the filing of a petition signed by at least 8 percent of the voters of the district or upon the motion of a majority of the members of the governing body.

This act requires the petition to be filed with the clerk of the circuit court of the county in which the district is located or, if the district is in more than one county, the circuit court clerk of the county having the largest acreage within the district. It also requires additional information to be included with the petition, including a description of the boundaries, an allegation that the operation of the district is not in the best interests of the inhabitants of the district, and a detailed plan for the payment of the district's debt. The petitioners must also pay $50.

Under this act, if the governing board of the district determines the dissolution is not in the public interest, the district must oppose the petition.

This act provides a hearing process for the petition of dissolution and contains notice requirements.

The district and voters and landowners of the district may file exceptions to the dissolution no less than five days before the hearing date. The court consider the exceptions and evidence in support of the petition. Unless the petitioners prove that all debts of the district can be paid in full upon dissolution, the petition must be dismissed.

If the court finds it not in the public interest to dissolve the district, the court must dismiss the petition. If the court finds it is in the public interest, the court must enter a decree providing for the submission of the question of dissolution to the voters.

If the voters approve the question by a majority, then the court must order the district dissolved. The court must provide for the disposition of the district's property.

This provision is similar to a provision of HCS/SCS/SB 245 (2015), HCS/SCS/SB 326 (2015), and HCS/HB 1154 (2015).

WATER SERVICE - 393.015

Currently, any sewer provider may contract with a water corporation to terminate water service to any customer premises for nonpayment of a sewer bill. Under this act, a sewer provider may also contract with any municipal water service or water district for termination of water service for nonpayment of a sewer bill.

This provision is identical to HB 824 (2015).

FINDING OF AFFORDABILITY - 644.145

Currently, the Department of Natural Resources is required to perform a finding of affordability when issuing permits under the Missouri Clean Water Law for discharges from certain publicly owned treatment works. This act also requires that such finding of affordability be performed when issuing permits for discharges from water or sewer treatment works.

Currently, the definitions of "affordability" and "finding of affordability" are measured by whether an individual customer or household with an income equal to the lower of the median household income can pay the utility bill without undue hardship. Under this act, the measurement would be whether such household with an income equal to or lower than the median household income can pay such bill without hardship and without making unreasonable sacrifices in the individual or household's lifestyle.

This provision is identical to a provision of the truly agreed to and finally passed SS/HB 92 (2015), HCS/SS/SB 476 (2015), and HCS/HB 1058 (2015).

COMMUNITY IMPROVEMENT DISTRICT VOTES - SECTION 1

This act provides that no person shall cast more than one ballot in any election for the board of directors of a community improvement district.

MEGHAN LUECKE