HB 158 Modifies provisions relating to county bodies

Current Bill Summary

- Prepared by Senate Research -

HB 158 - This act modifies provisions relating to county bodies.

COUNTY COMMISSIONER RECALL (Sections 49.055 to 49.057)

This act establishes procedures for removing a county commissioner in first class counties by recall petition. These procedures are subject to the following limitations:

• The county commissioner who is named in the petition shall have held office for at least six months;

• The recall election shall be held at least nine months before the end of the commissioner's term; and

• The recalled commissioner shall not be a candidate in a special election to fill the vacancy created by his or her recall.

Under this act, in order to recall a county commissioner, a petition containing a written statement providing the grounds for recall must first be filed with the county election authority within 60 days of receiving its first signature. The petition must receive signatures from eligible voters equal to at least 10% of the total number of votes cast in the last election held for the county commission seat of the commissioner sought to be removed.

These provisions are identical to provisions in HB 165 (2021), SB 907 (2020), and SB 324 (2019) and similar to HB 580 (2019).


Under current law, members of the county planning commission may be reimbursed for attendance fees up to $25 per meeting. This act changes the amount to up to $75 per meeting.


This act provides that a member of a county zoning commission may receive an attendance fee up to $75 per meeting, For any member of a county planning commission who is also a member of the board of zoning adjustment, only one attendance fee shall be paid if the board and commission meet on the same day.


Under current law, a person may appeal an assessment of his or her property to the county board of equalization.

This act provides that upon receiving an appeal, the county board of equalization or its representative shall promptly issue a receipt to the person lodging the appeal, confirming that the appeal has been received. If the appeal is lodged in person, such receipt shall be issued immediately. If the appeal is lodged via mail or electronically, such receipt shall be issued within two business days.

PUBLIC AND PRIVATE CEMETERIES (Sections 214.160 and 214.270)

This act provides that, when sufficient, a county commission shall use the net income from said trust fund or funds or such investments as is necessary to support and maintain and beautify any public or private cemetery which may be designated by the person, persons, or firm making the gift or bequest. If the net income from said trust fund or funds is not sufficient to support and maintain and beautify a cemetery, the commission may also use as much of the principal as the county commission deems necessary for such purposes.

Additionally, this act adds the definition of "human and pet cemetery" which is a tract of real estate separate from a cemetery in which both human remains and the remains of creatures other than humans may be memorialized at the discretion of the lot holder and subject to the rules of the human and pet cemetery.


Under current law, a county that has adopted the alternative county highway commission may abolish it and return to a county highway commission.

This act provides that a county that has adopted the alternative county highway commission may abolish it by submitting the question to a vote of the voters of the county in a manner provided by law or by a vote of the governing body. Any county which abolishes its alternative county highway commission shall adopt the laws regulating the county highway commissions.


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