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HCS/SCS/SB 245 - This act contains provisions relating to political subdivisions. FEES FOR COLLECTING LOCAL TAXES - 52.260 Under current law, county collectors must collect a specified amount of fees for collecting local taxes. In counties where the total amount levied in a year is between $350,000 and $2 million, the fee is 2.5 percent on the first $350,000 collected and 1 percent on the rest. In counties where the total amount levied exceeds $2 million, the fee is 1 percent on all amounts collected. This act raises the outer threshold amount for a county to be eligible to collect the 2.5 percent on the first $350,000 to $3 million. This provision is identical to a provision of the truly agreed to and finally passed SCS/HCS/HB 613 (2015), the truly agreed to and finally passed SB 405 (2015), HCS/HB 1154 (2015), HB 1269 (2015), and the truly agreed to and finally passed HCS/SS/SCS/SB 87 (2015). TOWNSHIP COUNTY PROPERTY TAXES - 65.620 This act allows counties in which townships have been abolished to continue to collect a property tax on a county-wide basis for road and bridge purposes for either one year following the abolishment of the townships or until the county voters have approved a property tax for such purposes, whichever occurs first. The property tax must be the same amount as the property tax being levied in the township with the lowest total tax rate immediately before the townships were abolished. This act specifies that the collection of the property tax is to be considered a continuation of a tax and not a new tax. This provision contains an emergency clause. This provision is identical to a provision of the truly agreed to and finally passed SCS/HCS/HB 613 (2015) and the truly agreed to and finally passed SS/SCS/HCS/HBs 517 & 754 (2015). OBSOLETE INTERSECTIONAL REFERENCES - 67.010 & 67.145 This act removes a reference to Section 165.191, which was repealed in 1977. Before it was repealed, Section 165.191 provided budget procedures for school districts managed by a county superintendent. School districts under the authority of county superintendents no longer exist. This provision is identical to SB 175 (2015), HCS/HB 1154 (2015), and SB 341 (2013). This act also repeals a reference to a section defining "first responder" that was repealed in 2014 in a provision prohibiting political subdivisions from barring first responders from engaging in political activities. This provision is identical to a provision of HCS/HB 1154 (2015). CONVENTION CENTERS - 67.617 This act prohibits leases for convention center and related facilities from being considered public records under certain circumstances as set forth in this act. This provision shall not apply to leases involving a professional sports franchise. This provision is identical to a provision of the truly agreed to and finally passed SS/HCS/HB 137 (2015), HCS/SB 148 (2015), HCS/SB 364 (2015), and HCS/SB 389 (2015). 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 the truly agreed to and finally passed SB 497 (2015) and is identical to provisions of HCS/SCS/SB 326 (2015), and HCS/HB 1154 (2015). TRANSIENT GUEST TAXES - 67.1360 This act allows the governing bodies of the cities of Archie and Lake Winnebago to impose a transient guest tax of 2 to 5 percent per occupied room per night. The voters of the city must approve the tax. This provision is identical to HCS/HB 1154 (2015) and HB 1075 (2015). EARLY CHILDHOOD EDUCATION SALES TAX - 67.1790 This act allows Greene County and any city within the county to, upon approval of a majority of the voters, impose a sales tax not to exceed one-fourth of one percent within the county or city for the purpose of funding early childhood education in the county or city. The county or city must enter into an agreement with the director of the Department of Revenue to collect the tax and the director is responsible for the administration, collection, enforcement, and operation of the tax. All revenue collected, except for one percent for the cost of collection which shall be deposited in the state's general revenue fund, must be deposited in the "Early Childhood Education Sales Tax Trust Fund". Moneys in the fund are not state funds, and cannot be commingled with any funds of the state. The governing body of any county or city that has adopted the sales tax may submit the question of repeal of the tax to the voters. The tax can also be repealed by petition, signed by ten percent of the registered voters of the county or city voting in the last gubernatorial election, calling for an election to repeal the sales tax. If the tax is repealed or terminated by any means, all funds remaining in the special trust fund must continue to be used solely for early childhood education. One year after the repeal of the tax, the director must remit the balance in the account to the county or city and close the account. The governing body of the county or city must select an existing community task force to administer the revenue received. Such revenue may only be expended upon approval of an existing community task force selected by the governing body of the county or city to administer the funds and only in accordance with a budget approved by the county or city governing body. The tax must be submitted to the voters of the taxing jurisdiction for retention or repeal every five years using the same procedure by which the imposition of the tax was voted. This provision is identical to a provision of HCS/HB 1154 (2015) and HB 706 (2015) and is similar to SB 242 (2015), SB 947 (2014), and SCS/SB 415 (2013). SECURITY PERSONNEL, KANSAS CITY - 84.720 This act provides that if a person has an occupational license issued by the Missouri Gaming Commission, then such person does not have to obtain a written license from the president of the police commissioners in order to act as a private security personnel or provide private security services in Kansas City. This provision is identical to a provision of HCS/HB 1154 (2015) and is similar to a provision in HCS/SCS/SB 146 (2015) and HCS/SB 364 (2015). PUBLIC SAFETY SALES TAXES - 94.902 This act authorizes the City of Liberty and North Kansas City to impose, upon voter approval, a sales tax of up to .5% solely for the purpose of improving the public safety of the city, including expenditures on equipment, salaries and benefits, and facilities for police, fire, and emergency medical providers. This provision is identical to HCS/HB 566 (2015) and a provision contained in HCS/SS/SCS/SB 115 (2015), HCS/HB 1154 (2015), HCS/SB 364 (2015), the perfected version of HCS/HB 268 (2015), and HCS/HB 2116 (2014). This provision is similar to HB 1853 (2014) and HB 1443 (2014). This provision is similar to a provision contained in HCS/SB 607 (2014), HCS/SCS/SB 630 (2014), HCS/SB 631 (2014), and HCS/SB 773 (2014). POLITICAL SUBDIVISION TAX LEVIES FOR BOND PAYMENTS - 108.280 Current law provides that the governing body of a county, municipality, school district, drainage or levee district, or special road district may levy a tax for the payment of maturing bonds, or apply other means to such purpose. This act repeals the provision stating that the political subdivision may apply other means to such purpose and requires that the levy rate be set at the rate needed to meet the obligation of the bond payment, unless it is a drainage or levee district, in which case the board of supervisors may set the rate in accordance with the provisions of chapters 242, 245, and 246. This provision is identical to HB 273 (2015) and HCS/HB 1154 (2015). FIRE PROTECTION AND AMBULANCE DISTRICT BOARD MEMBERS - 190.055 & 321.017 This act provides that board members of ambulance and fire protection districts are not eligible for employment by their respective boards within 12 months of termination of service as a member of the board unless the employment is on a volunteer basis or without compensation. These provisions are identical to provisions of HCS/HB 530 (2015) and HCS/HB 1154 (2015). SEWER DISTRICT DETACHMENT - 204.475, 204.641, 249.495, & 249.1120 Under this act, territory in a common sewer district, reorganized common sewer district, sewer district, or consolidated sewer district that is not being served by the district may detach if there are no outstanding general or special obligation bonds and no debt greater than $25,000 pertaining to infrastructure, fixed assets, or obligations for the purchase of water, unless the holders of the bonds or creditors of the debt have provided written consent. This act provides the procedures for detachment, including a petition process and hearing and notice requirements. These provisions are identical to provisions of HCS/SCS/SB 326 (2015), HCS/HB 1154, and HB 1057 (2015). REGIONAL JAIL DISTRICTS - 221.407 Currently, regional jail districts are authorized to impose a sales tax of up to 1/2% on sales in the district. The authority to impose this tax expires on September 30, 2015. This act extends the authority of the districts to collect the tax until September 30, 2027. This provision is identical to SB 258 (2015), HB 639 (2015), a provision in the perfected version of HB 612 (2015), HCS/SB 364 (2015), SB 897 (2014), HB 1923 (2014), HCS/HB 2112 (2014), CCS/HCS/SB 584 (2014), and HCS/SCS/SB 824 (2014). FIRE PROTECTION DISTRICTS - 321.130 & 321.210 Under current law, a person, to be qualified to serve on the board of directors for a fire protection district, must be a resident of the fire protection district. To be qualified to serve on a board of directors for a district located partially or wholly in Greene County, the person must be a resident of the district for more than one year. To be qualified to serve on the board of directors of a fire protection district in a county of the third or fourth classification, the person must be over the age of 25 and be a voter of the district more than a year before the election or appointment. This act repeals all of the above provisions. This act also repeals a provision requiring candidates for the first board of directors of a proposed fire protection district to pay a $5 filing fee and file an oath that the person meets all the qualifications for office. Under this act, fire protection district directors regardless of the district's location must be residents of the district for at least one year before the election or appointment. Current law sets the candidate filing fee for a fire protection district director at $10. This act sets the candidate filing fee for a fire protection district director at the amount equal to the filing fee for a candidate for county office, which is currently $50. Current law sets the candidate filing fee for a fire protection district board member at the amount for a candidate for state representative. This act sets the filing fee at the amount required for a candidate for county office, which is currently set at $50 and is the same as the amount set for a state representative. These provisions are identical to HB 1028 (2015), HCS/HB 530 (2015), HCS/HB 1154 (2015), HB 2116 (2014) and are similar to provisions of HB 1276 (2014), HCS/SCS/SB 824 (2014), and HCS/SCS/SB 854 (2014). UNOCCUPIED REAL PROPERTY IN KANSAS CITY - 347.048 Currently, limited liability companies leasing real property to others or owning unoccupied real property in Kansas City must file an affidavit with the city clerk listing the manager of the property. This act requires the affidavit to name a natural person with control of the property and his or her street address. If the person who manages the property changes, the LLC must file a new affidavit listing a successor manager within 30 days. No LLC may be charged a fee for filing a required affidavit. If an LLC required to file an affidavit fails to file an affidavit, any person adversely affected or the city may petition the court to direct the filing of an affidavit. This act is identical to HCS/HB 864 (2015) and a provision in HCS/HB 1154 (2015) and HCS/SB 364 (2015), and is similar to HB 895 (2015), HCS/SB 148 (2015), and SB 335 (2015). PUBLIC ADMINISTRATOR ELECTION REQUIREMENTS - 473.730 This act provides the candidates for the office of public administrator must provide to the election authority a copy of a signed affidavit from two or more securities indicating that the candidate meets the bonding requirements. This provision is identical to SB 495 (2015). MEGHAN LUECKE
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