Missouri Senate

House Committee Substitute

COUNTY BUDGETS (Sections 50.622 & 50.740): Under current law, a provision allowing counties to decrease their annual budgets expired on July 1, 2016. This act extends the expiration date to July 1, 2027.

This provision is identical to, and to a provision contained in HCS/SB 95 (2017), HCS/SB 114 (2017), and SCS/HB 843 (2017).

This act permits county clerks of counties of the third and fourth classification to send the counties' estimated budgets to the State Auditor by email or other electronic system, and permits the State Auditor to send a receipt by the same method. The act also permits county clerks and the State Auditor to correspond electronically for the purpose of complying with a provision relating to estimated budgets.

This provision is identical to SCS/HB 843 (2017) and HB 849 (2017), and is identical to a provision contained in HCS/SB 114 (2017).

OFFICE OF THE COUNTY TREASURER (Section 54.040): This act repeals a provision stating that no sheriff, marshal, clerk or collector, or the deputy of any such officer, shall be eligible to the office of treasurer of any county.

This provision is identical to a provision contained in SCS/HCS/HB 199 (2017).

COUNTY TREASURER TRAINING EXPENSES (Section 54.261): This act requires that expenses incurred by county treasurers for attending required training sessions be reimbursed to the treasurer.

This provision is identical to HB 967 (2017).

NUISANCE ABATEMENT ORDINANCES (Section 67.402): This act adds Taney County to the list of counties authorized to enact nuisance abatement ordinances regarding the condition of any lot or land in residential subdivisions or districts which may endanger public safety or which is unhealthy or unsafe and is declared to be a public nuisance.

This provision is similar to HB 281 (2017) and HB 1695 (2016).

TRANSIENT GUEST TAX (Section 67.1360): This act adds the City of Archie to the list of cities and counties which may impose, upon voter approval, a transient guest tax of between 2% and 5% per occupied room per night for the promotion of tourism.

This provision is substantially similar to HB 899 (2017) and HB 1533 (2016).

TRANSFER OF LAND BETWEEN MUNICIPALITIES (Section 71.011): This act changes the process by which real property may be detached from one municipality and annexed by another municipality that touches the boundary of the property. The act requires notice of the detachment and annexation be given and a public hearing be held.

Prior to setting the public hearing, the annexing municipality shall prepare a plan of intent to provide services to the area to be annexed and file the plan in the municipal clerk's office of both municipalities. The information required to be in the plan of intent is set forth in the act.

After the filing of the plan in the clerk's office of both municipalities, notice of a joint hearing shall be given at least 15, but no more than 30, days in advance of the hearing. Each municipality is required to mail, by certified mail return receipt requested, notice of the joint hearing to each owner of record of real property within the boundaries of the detached and annexed area. Each municipality shall choose two additional forms of notice from a provided list.

If no residents live in the area to be detached or annexed, or if less than 50% of the residents file a written objection to the act within 30 days following the joint public hearing, then each municipality shall adopt an ordinance particularly describing the area and approving the annexing municipality's plan of intent.

If more than 50% of the residents file a written objection with the city clerks of both municipalities, then the issue shall be put to a public vote. An approval by a majority in each municipality is required or the proposal fails. If the proposal passes, each municipality's governing body shall adopt an ordinance describing the property by metes and bounds. When certified copies of the ordinances are filed with certain county officials as set forth in the bill, the detachment and annexation shall be completed.

These provisions are identical to HB 981 (2017).

HOTEL AND MOTEL LICENSE FEES (Section 71.291): This act limits any increase of a license tax rate or fee amount on hotels and motels by more than 5% above the annual rate in effect on August 28, 2017.

The total dollar amount of all license taxes or fees on any hotel or motel in one year cannot exceed the greater of 1/8 of 1% of the gross revenue of the hotel or motel as of August 28, 2017, or the license tax or fee in effect on December 31, 2016.

If the revenue from a license tax or fee is dedicated and restricted to a project for which bonds were outstanding on January 1, 2107, the limitations of these provisions shall not apply to the tax.

These provisions are identical to HB 1079 (2017).

KANSAS CITY POLICE DEPARTMENT (Section 84.514): This act allows the chief of police for the Kansas City Police Department to appoint a lieutenant colonel who will be responsible for matters relating to homeland security and disaster communications.

This provision is identical to SB 25 (2017), HB 752 (2017), and is similar to SB 1066 (2016) and HB 2463 (2016).

MUNICIPALLY-OWNED UTILITIES (Section 88.770) - Currently, cities of the fourth classification may only sell their interest in a municipally-owned utility when ratified by a 2/3 vote. This act lowers the voter-approval threshold for the sale of a water or wastewater system by such cities to a majority of the city's population.

This provision is identical to a provision contained in HCS/SCS/SB 11 (2017), HCS/SB 30 (2017), HCS/SB 111 (2017) and HCS/HB 247 (2017).

PUBLIC SAFETY SALES TAX (Sections 94.900-94.903): This act adds certain cities to the list of cities currently authorized to impose, upon voter approval, a sales tax of up to 0.5% for public safety purposes. The additional cities shall be 4th class cities with a population between the ranges of 4,500 and 5,000, 7,000 and 8,000 and 13,500 and 16,000.

If the proposal initially fails, then the authorization for the tax is repealed. For 4th class cities with a population between 9,500 and 10,800, the sales tax proposal will remain in effect until December 31, 2038. If the proposal is initially defeated, then such city cannot resubmit the proposal to the voters for at least twelve months.

For 4th class cities with a population between 9,500 and 10,800, the sales tax proposal will remain in effect until December 31, 2038. If the proposal is initially defeated, then such city cannot resubmit the proposal to the voters for at least twelve months. For such 4th class cities, the act authorizes a similar public safety sales tax, upon voter approval, but provides that a sales tax approved under this provision must be resubmitted to the voters every 25 years.

These provisions are similar to provisions contained in HCS/SB 124 (2017) and HCS #2/HBs 48, et. al (2017).

POLITICAL SUBDIVISION ANNUAL REPORTS (Section 105.145): This act requires the State Auditor's office to report any political subdivision failing to submit its annual financial statement to the Department of Revenue (DOR). The DOR shall notify the non-compliant political subdivision, by certified mail, that it has 30 days from the postmarked date to submit the required statement to the State Auditor's office. If the statement is not received, the political subdivision shall be fined $500 per day beginning on the 31st day from the postmarked date.

These provisions are identical to provisions contained in HB 849 (2017).

ISSUANCE OF CERTAIN BONDS (Section 108.170): This act provides that certain political subdivisions, as described in the act, issuing more than $10 million debt in a calendar year shall issue such debts through a competitive process unless such political subdivision employs the services of municipal advisor, as defined in the act. Such political subdivisions may use a negotiated or competitive process.

Any person who is engaged as a municipal advisor by a political corporation or subdivision with respect to a particular issue of securities shall be independent, as defined in the act, of the underwriter of that issue of securities.

The State Treasurer shall make relevant information regarding debt issuance and bidding practices available to certain political subdivisions.

This provision is identical to a provision contained in HCS/SB 95 (2017), HCS/SS/SB 124 (2017), and HCS/SB 146 (2017), and is substantially similar to HB 545 (2017) and HCS/HB 950 (2017), and is similar to HB 2251 (2016), HB 204 (2015), and HCS/SB 148 (2015).

COUNTY SPECIAL ROAD AND BRIDGE TAX (Section 137.556): This act exempts Taney County from the requirement that not less than 25% of a county's special road and bridge tax collected in a municipality within the county must be expended within the municipality for the repair and improvement of existing roads, streets, and bridges.

TIMELINESS OF TAX PAYMENTS (Section 139.100): This act allows the collector of certain taxes paid by postal mail to use his or her judgment regarding the timeliness of the payment, if the postmark on the mailed payment is absent, illegible, or otherwise inconclusive.

This provision is identical to a provision contained in HCS/SB 332 (2017) and HCS/HB 703 (2017).

CONSOLIDATED PUBLIC LIBRARY DISTRICTS (Sections 182.640 & 182.660): This act adds trustees, as outlined in the act, to the boards of existing consolidated public library districts enlarged by: incorporating into it any county public library district; or incorporating into it any city, municipal, school, or other public library district which does not include an entire county, but includes territory outside of the consolidated district's existing boundaries.

This act also adds one trustee to the board of a consolidated public library district where a city or municipality is petitioning to be part of that consolidated library district and that municipality is partially located in a county that does not participate in the consolidated library district. The new trustee is appointed by the non-participating county.

Once the petitioning district is admitted, transfers its property, and an additional trustee is appointed by the county, the petitioning library district and its board of trustees shall cease to exist.

These provisions are similar to HB 568 (2017), HB 1914 (2016), and HB 875 (2015).

HOSPITAL DISTRICT SALES TAX (Section 205.205): Upon voter approval, this act authorizes hospital districts in all counties of the third classification to repeal a property tax and replace it with a sales tax of up to 1% for the funding of the hospital district.

This provision is identical to HB 193 (2017) and similar to HB 2114 (2016).

ROAD DISTRICT CONSOLIDATION (Section 233.295): This act authorizes a county commission to combine two or more road districts within the county upon petition request by a majority of the commissioners in each of the road districts seeking to be combined. The county commission shall hold a public hearing after publishing notice for a period of 4 weeks in a newspaper of general circulation in the county. The county may issue an order to consolidate the districts if it finds, after the public hearing, that the consolidation is in the public good. The act also designates the procedure for appointing commissioners to the new consolidated district and transferring of assets, liabilities, and tax levies. The provisions for consolidation do not apply to road districts located in two counties.

These provisions are identical to provisions contained in HCS/SB 30 (2017) and SCS/HCS/HB 647 (2017).

TAX LEVY CERTIFICATION DATE (Sections 242.460-245.185): This act changes the installment levy certification date from October 31 to September 30 each year for drainage districts and levee districts.

These provisions are identical to HB 790 (2017).

HIPPA (Section 320.087): This act specifies that records subject to closure under the Health Insurance Portability and Accountability Act (HIPPA) may be closed records if maintained by fire departments and fire protection districts.

This provision is identical to HB 1124 (2017), and identical to a provision contained in HCS/SB 25 (2017) and HCS/SB 282 (2017).

PUBLIC SAFETY SALES TAX (Sections 321.242 & 321.426): Upon voter approval, the act authorizes certain fire protection districts in Mississippi and Ripley counties to impose a sales tax not to exceed 0.5% for the purpose of providing revenue for the operation of the district.

These provisions are identical to provisions contained in HCS/SB 282 (2017), HCS/SB 134 (2017), and similar to HCS #2/HB 48 (2017).

REAL PROPERTY OWNED BY LIMITED LIABILITY COMPANIES (Section 347.048): Currently, limited liability companies leasing real property to others or owning unoccupied real property in Kansas City are required to 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 provision is identical to a provision contained in HCS/SB 326 (2017) and substantially similar to SB 286 (2017), SB 693 (2016), HB 1708 (2016), SCS/SB 335 (2015), the perfected version of HCS/HB 864 (2015), and a provision in HCS/HB 1154 (2015).

PUBLIC ADMINISTRATORS (Sections 473.730-475.120): This act provides that candidates for the office of public administrator must provide to the election authority a copy of a signed affidavit from one surety company indicating that the candidate meets the bonding requirements. After being elected to office, a public administrator shall enter into bond to the state in a sum not less than ten thousand dollars with one or more securities, rather than two or more securities.

These provisions are identical to provisions contained in HCS/SB 111 (2017), identical to SCS/SB 698 (2016) and similar to SB 495 (2015).

The act also modifies the duties of a public administrator. A public administrator can exercise his or her duties as specified in statute upon the appointment by the probate court. Additionally, a public administrator no longer has the duty to take charge of all minors in certain situations, minors under the age fourteen who have no legal guardian, or has charge and custody of the estate of a deceased person when moneys are delivered from the county coroner. The act repeals provisions stating that the public administrator is the ex officio public conservator and has charge of all estates of minors pursuant to court order.

The act states that a guardian may execute a preneed contract for a ward's funeral services. If a next-of-kin does not exercise his or her right of sepulcher within ten days of the ward's death, then the guardian may consent for the disposition of the body.

These provisions are identical to provisions contained in HCS/SB 111 and similar to HB 921 (2017).

This act repeals a provision requiring the public administrator to be ex officio public conservator. (Formerly Section 473.747).

LAND CONVEYANCE (Section 1): This act authorizes the Department of Natural Resources to convey certain properties located in Jackson County to the City of Independence.

This provision is identical to a provision contained in HCS/SCS/SB 421 (2017), HCS/SB 488 (2017), and SCS/HB 956 (2017).

JAMIE ANDREWS