SB 283 Enacts provisions relating to political subdivisions
Sponsor: Hegeman
LR Number: 1203S.05T Fiscal Notes
Committee: Local Government and Elections
Last Action: 7/11/2017 - Signed by Governor Journal Page: S1920-1921
Title: CCS HCS SB 283 Calendar Position: 13
Effective Date: August 28, 2017
House Handler: Andrews

Full Bill Text | All Actions | Amendments/CCRs/CCSs | Available Summaries | Senate Home Page | List of 2017 Senate Bills

Current Bill Summary


CCS/HCS/SB 283 - This act modifies provisions relating to political subdivisions.

NUISANCE ABATEMENT ORDINANCES - Section 67.402 - This act authorizes St. Francois and Taney counties to enact nuisance abatement ordinances.

This provision is identical to HB 281 (2017).

LOCAL SALES TAXES - 67.505, 67.547, 94.510 - This act provides that a local sales tax approved after August 28, 2017, by voters in St. Louis City or St. Louis County for the purpose of funding zoological activities and zoological facilities shall not exceed one-eighth of one percent. No county other than St. Louis County and St. Louis City shall use such county sales tax revenue for the purpose of funding in whole or in part the construction, operation, or maintenance of any zoological activities, zoological facilities, zoological organizations, the Metropolitan Zoological Park and Museum District, or any zoological board.

Revenue collected under a zoological sales tax shall not be divided and distributed among St. Louis County and the cities, towns, villages, and the unincorporated area of St. Louis County as otherwise provided by law.

This act also provides that residents of any county that does not adopt a zoological sales tax may be charged an admission fee for the St. Louis Zoo.

No revenue collected under a zoological sales tax shall supplant any funding received from the Metropolitan Zoological Park and Museum District, and shall not be used for the benefit of Grant's Farm. (Section 67.547)

This act also prohibits all counties from using certain county sales tax revenue for the purpose of funding in whole or in part the construction, operation, or maintenance of any zoological activities, zoological facilities, zoological organizations, the Metropolitan Zoological Park and Museum District, or any zoological board. (Section 67.505)

A county shall not submit to the voters a proposed sales tax under the County Sales Tax for a period of two years following the date of a election in which it previously submitted a proposed sales tax, regardless of whether the initial proposed sales tax was approved or disapproved by the voters.

This act also provides that no county shall submit a proposal to the voters which would result in a combined sales tax rate adopted under the County Sales Tax Act in excess of 1%. For any sales tax adopted under the County Sales Tax Act in St. Louis County, three-eighths of such rate shall be included in the calculation of the County's 1% cap. (Section 67.547)

This act also provides that no city shall submit a proposal to the voters which would result in a combined sales tax rate adopted under the City Sales Tax Act in excess of 2%. (Section 94.510)

This provision is identical to SCS/HCS/HB 935 (2017), and is substantially similar to SS/SCS/SB 49 (2017) and to a provision contained in HB 1442 (2010).

TOURISM COMMISSION - Section 67.1364 - Currently, all members of a tourism commission must be residents of the city or county enacting the corresponding sales tax. This act specifies that when the members of the tourism commission are appointed by the governing body of a city, the members must be residents of the city, or of the county in which any portion of the city is located. This act also specifies that if members of a tourism commission are appointed by the governing body of a county, all members shall be residents of such county.

These provisions are identical to HB 913 (2017).

ADVANCED INDUSTRIAL MANUFACTURING ZONES - Section 68.075 - This act modifies the Advanced Industrial Manufacturing Zones Act by changing the definition of "new job" to a job for which an employee is paid at or above the county average wage rather than the state average wage, if the county average wage is lower than the state average wage.

This act also allows a port authority to establish an AIM zone in an area within the port authority's ownership or control, and allows a port authority to expand or contract the area of an AIM zone by resolution.

This provision is identical to SB 302 (2017), HB 811 (2017), and to provisions in SB 399 (2017), and CCS/HCS/SCS/SB 112 (2017).

KANSAS CITY SCHOOL BOARD ELECTIONS - Section 162.492 - This act modifies the initial terms of directors elected to the Kansas City Public Schools school board in 2019, such that the terms of office of directors are staggered. One at-large director and the directors of subdistricts one, three, and five shall be elected to an initial two-year term. The other at-large director and the directors of subdistricts two and four shall be elected to a four-year term. In subsequent elections, all directors shall be elected to four-year terms.

This provision is identical to SCS/SB 93 (2017), and provisions in HCS/SCS/SB 300 (2017), SCS/HCS/HB 353 (2017), HCS/SB 434 (2017), HCS/SB 478 (2017), and SCS/HB 587 (2017). This act is similar to provisions in HB 1131 (2017).

SPECIAL ROAD DISTRICT COMMISSIONER ELECTIONS - Sections 137.565 and 233.180 - This act allows owners of land, in addition to residents, to petition the county commission to submit to voters the question of additional tax rates for county roads and bridges.

It also modifies who is eligible to be elected or appointed commissioner of a special road district, and provides that if two consecutive elections pass without any candidates for a special road district commissioner in municipal elections, the county commission shall appoint commissioners of the special road district for three-year terms thereafter with no further elections being held.

This provision is identical to HB 52 (2017), to provisions in SCS/HCS/HB 353 (2017), and is similar to HCS/HB 2456 (2016), SB 637 (2016), and provisions in SB 867 (2016).

DAMAGING OR OBSTRUCTING PUBLIC ROADS - Section 229.150 - This act adds damaging public roads to the prohibition against obstructing public roads, and also removes the associated criminal penalty provision.

Currently, road overseers and county highway engineers finding obstructed roads are required to notify the landowner obstructing the road. This act expands the provision to damage of roads and specifies that the overseer or engineer is permitted to notify the landowner to remove the obstruction, or perform or pay for repairs. If the landowner fails to take action as requested, the road overseer or engineer may petition the court to enter the land for the limited purpose of rectifying the violation. If the petition is granted, the judgment shall include an award for the reasonable cost of removal or repair, court costs, and reasonable attorney's fees. If the petition is denied, the county shall be responsible for the landowner's court costs and attorney's fees. The act authorizes any charter county to enact an ordinance to provide for alternative measures to address obstruction of and drainage to public rights-of-way.

Road damage or obstruction shall not violate this provision when farming or ranching lands have been improved using soil and water conservation practices or precision level grading practices as provided in the act.

This provision shall not apply to any charter county or St. Louis City.

These provisions are similar to HCS/HB 162 (2017), to a provision in SCS/HCS/HB 647 (2017), to SB 867 (2016), and HB 2180 (2016).

COMMERCIAL MOTOR VEHICLE USE OF MUNICIPALITY-DESIGNATED ROUTES - Section 304.120 - This act specifies that a commercial motor vehicle's use of a specially-designated route shall not be deemed a nuisance or evidence of a nuisance.

This provision is identical to SB 391 (2017), HB 791 (2017), and a provision in CCS/SB 8 (2017).

ERIC VANDER WEERD