SB 315
Modifies provisions relating to political subdivisions
LR Number:
Last Action:
5/15/2015 - H Calendar S Bills for Third Reading w/HCS
Journal Page:
Calendar Position:
Effective Date:
August 28, 2015
House Handler:

Current Bill Summary

HCS/SCS/SB 315 - This act modifies provisions relating to political subdivisions.

POLITICAL SUBDIVISION AUDITS: This act requires persons submitting petitions for an audit of a political subdivision to be a resident or real property owner within the political subdivision and return the signed petition within one year of requesting the petition from the State Auditor. Persons may rescind their signature on such a petition by delivering a sworn statement to that effect to the State Auditor within 10 days of the receipt of the signed petition by the State Auditor.

This section is identical to SS/SB 87 (2015), HCS/HB 994 (2015), a provision contained in HCS/SCS/SB 326 (2015) and is similar to SB 924 (2014). (Section 29.230)

COUNTY OFFICE VACANCIES: Currently, when there is a vacancy in the office of county commissioner, the Governor is required to fill such vacancy with a person who resides in the district at the time of vacancy. This act changes that process so that when there is less than one year remaining in the term, the vacancy shall be filled by appointment by the Governor but if there is one year or more remaining in the term, the Governor shall appoint an eligible person with the advice and consent of the Senate.

Current law requires the Governor to fill a vacancy in the office of County Clerk, County Collector, County Assessor, County Treasurer in certain counties, County Auditor in certain counties, Coroner, Public Administrator, or certain County Recorders by appointing an eligible person to serve the remainder of the term. This act provides that such appointments by the Governor shall be made by and with the advice and consent of the Senate within 60 days of such vacancy occurring.

These procedures do not apply to charter counties.

These provisions are identical to provisions contained in HCS/SCS/SB 326 (2015) and are similar to SCS/SB 289 (2015) and are identical to HB 1179 (2015). (Sections 49.060, 51.090, 52.145, 53.010, 54.033, 55.050, 58.040, 59.022, 105.030, 473.730, 483.020)

NUISANCE: Under current law, a municipal or county nuisance ordinance must provide notice to the property owner or occupant by personal service or certified mail. This act allows for notice by mail so long as a signature from the recipient is required for delivery.

Current law requires certain orders regarding nuisance properties issued by the building commissioner or other designated officer be certified by the city clerk or officer in charge of finance. This act provides that the building commissioner or other office certifies such orders.

Under this act, the unpaid board-up costs and permit fees and associated administrative costs may be added to the real estate taxes of the property whenever the city, town, village, or county pays to board the property, or the property is secured, repaired, or cleaned without the necessary permits.

This section is identical to SB 387 (2015) and a provision contained in HCS/SB 364 (2015). (Section 67.410)

ANNEXATIONS: This act allows municipalities in first or second class counties with intergovernmental agreements to consolidate if they are less than one mile apart and are connected by at least two public maintained right of ways.

This section is substantially similar to a provision contained in HCS/SB 221 (2015) and HCS/SB 364 (2015). (Section 72.150)

SPRINGFIELD SALES TAX: Currently, every five years the city of Springfield must submit to the voter the question of whether to repeal its public safety sales tax. This act modifies the ballot language so that the question will be whether to continue the tax. Failure by the voters to approve continuation will result in a repeal of the tax.

This section is identical to SB 421 (2015), a provision contained in SS/SCS/HCS/HBs 517 & 754 (2015), HCS/SCS/SB 300 (2015), SB 607 (2014), CCS/SCS/HB 1553 (2014). (Section 94.579)

URBAN SCHOOL DISTRICTS: This act creates a procedure for recalling school board members in the St. Joseph School District. A recall election shall be held upon the submission of a petition signed by at least three hundred registered voters of the district. (Section 160.671)

If a majority of voters vote to retain the school board member at issue, the member shall remain in office and cannot be subject to another recall election during his or her term. If a majority of voters vote to remove the member, the successor member will be chosen by the Buchanan County Commission and will serve until the next school board election. (Section 160.671)

This section expires on December 31, 2021. (Section 160.671)

This act requires that any vacancies on the St. Joseph School District's school board be filled by the Buchanan County Commission. A member who fills a vacancy will be appointed to serve until the next school board election. (Section 162.471)

Currently, the Springfield School District is an urban school district that was previously exempted from school board member terms of six years in length. This act updates the description of the city of Springfield and provides that the exemption from the six-year school board member term only applies to urban school districts located in the City of Springfield. (Section 162.481)

This act repeals obsolete language relating to the election of school board members in the Springfield School District from the 1960 decennial census. (Section 162.481)

These sections are substantially similar to provisions contained in SCS/HCS#2/HB 63 (2015), SCS/HB 1127 (2015) and HCS/SCS/SB 473 (2015), SCS/SBs 1, 22, 49 & 70 (2015) and CCS#2/HCS/SB 104 (2015), HB 1029 (2015), HB 1035 (2015), HB 1036 (2015). (Section 162.481)

CRIMINAL HISTORY: Political subdivisions are barred from prohibiting an employer from inquiring into or considering an applicant for employment's criminal history on an initial employment application. The State Auditor, when auditing political subdivisions, is granted authority to verify compliance. (Section 1)

This act contains an emergency clause on certain sections for county office vacancies. (Section B)