HB 1606 Modifies provisions relating to county officials

     Handler: Eslinger

Current Bill Summary

- Prepared by Senate Research -


CCS/SS/SCS/HB 1606 - This act modifies provisions relating to county officials.

COMPENSATION FOR COUNTY CORONERS (Sections 50.327, 58.095, & 58.200)

This act provides that the salary of a coroner in a noncharter county may be set as a base schedule as provided by law subject to an increase up to $14,000 upon the majority approval of the salary commission.

These provisions are identical to SCS/SB 1128 (2022) and similar to HB 2438 (2022).

Additionally, under current law, when the office of the sheriff is vacant, the county coroner is authorized to perform all the duties of the sheriff, until another sheriff is appointed.

This act provides that if the coroner becomes acting sheriff and the sheriff is no longer receiving the sheriff's salary, the coroner may be paid, in addition to the coroner's salary, the difference between the salaries of the sheriff and coroner so that the coroner receives the equivalent of the sheriff's salary while serving as acting sheriff.

These provisions are identical to SB 1085 (2022) and HB 2175 (2022).

BASE SALARY SCHEDULES FOR THIRD CLASS COUNTIES (Section 50.327)

This act provides that the salary commission of any third class county may amend the base salary schedules as provided by law for the computation of salaries for county officials to include assessed valuation factors in excess of $300 million dollars; provided that the percentage of any adjustments shall be equal for all county officials in that county.

These provisions are identical to SB 704 (2022).

PUBLISHING OF COUNTY FINANCIAL STATEMENTS (Sections 50.815 & 50.820)

This act changes the date counties shall prepare and publish their financial statements from the first Monday in March to June 30th of each year. Additionally, the county treasurer shall not pay the county commission until notice is received from the state auditor that the county's financial statement has been published in a newspaper after the first day of July.

This act also requires second, third, and fourth class counties to produce and publish a county annual financial statement in the same manner as counties of the first classification. The financial statement shall include the name, office, and current gross annual salary of each elected or appointed county official.

The county clerk or other county officer preparing the financial statement shall provide an electronic copy of the data used to create the financial statement without charge to the newspaper requesting the data.

Finally, the newspaper publishing the financial statement shall charge and receive no more than its regular local classified advertising rate as published 30 days before the publication of the financial statement.

These provisions are identical to provisions in SS/SCS/SB 725 (2022), SB 845 (2022), and SB 1191 (2022) and substantially similar to SB 1541 (2022) and HB 381 (2021).

COUNTY AUDITORS (Section 55.160)

This act provides that, upon request, a county auditor in certain counties shall have access to and the ability to audit and examine claims of every kind and character for which a county officer has a fiduciary duty.

These provisions are substantially similar to SB 889 (2022) and SB 628 (2021).

BOONE COUNTY SHERIFF (Section 57.317)

Under current law, first and second county sheriffs shall receive salaries equal to 80% of the compensation of associate circuit judges of the county.

This act excludes sheriffs in Boone County.

DOCUMENTS TO RECORDERS OF DEEDS (Sections 59.310 & 442.130)

This act adds the marital status of all grantors to the deed to the information required on every document presented for recording to recorders of deeds. The recorder of deeds shall not accept any document unless such information is provided.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

NEIGHBORHOOD IMPROVEMENT DISTRICTS (Section 67.457 & 67.461)

Current law requires the governing body of a city or county to provide notice of a public hearing to consider the plans, specifications, and proposed assessment rolls for a neighborhood improvement district (NID), with such notice to be published in a newspaper of general circulation and mailed to each owner of real property subject to assessment within the boundaries of the NID. This act requires such notice to also be given to the Department of Revenue, which shall publish such information on its website.

This act also requires the governing body of a city or county establishing a NID to submit to the State Auditor and the Department of Revenue a description of the boundaries of the district, as well as information on assessments made in the district, as described in the act. The governing body establishing a NID shall not order any assessments on property within the district until such information is submitted.

These provisions are identical to provisions in HCS/SCS/SB 908 (2022).

COMMUNITY IMPROVEMENT DISTRICTS (Sections 67.1421, 67.1431, & 67.1471)

Current law requires the governing body of a municipality to provide notice of a public hearing to establish or amend a community improvement district (CID), with such notice to be published in a newspaper of general circulation and mailed to each owner of real property within the boundaries of the CID. This act requires such notice to also be given to the Department of Revenue, which shall publish such information on its website.

This act also requires the governing body of a city or county establishing a CID to submit to the State Auditor and the Department of Revenue a description of the boundaries of the district, as well as the rates of property tax and sales tax in the district, as described in the act. The governing body establishing a CID shall not collect any taxes or assessments until such information is submitted.

Current law also requires the governing board of a CID to provide a proposed annual budget to the governing body of the city, as well as submit a report including financial and other information to the municipal clerk and the Department of Economic Development. This act requires such information to also be sent to the Department of Revenue and the State Auditor. (Section 67.1471)

These provisions are identical to provisions in HCS/SCS/SB 908 (2022).

HOMELESSNESS PROGRAMS (Section 67.2300)

This act provides that state funds for homelessness shall be used for certain facilities, including parking areas, camping facilities, and short-term shelters, and shall comply with certain requirements as provided in the act. Additionally, any person that owns or operates a private camping facility pursuant to this act shall be immune from liability as provided in the act.

State funds otherwise used for permanent housing projects shall be used to assist individuals with substance use, mental health treatment, and other services like short-term housing. Any state department that is authorized to allocate funds for housing or homelessness shall award certain funds as performance payments for political subdivisions that reduce the number of individuals with days unhoused, days in jail, or days hospitalized.

This act provides that no person shall be permitted to use state-owned lands for unauthorized sleeping, camping, or long-term shelters. Any violation shall be a Class C misdemeanor; however the first offense shall be a warning with no citation.

A political subdivision shall not adopt any policy under which the political subdivision prohibits the enforcement of any ordinance prohibiting public camping, sleeping, or obstruction of sidewalks. The Attorney General shall have the power to bring a civil action to enjoin the political subdivision from failing to enforce provisions of this act.

Any political subdivision with a higher per-capita homelessness rate than the state average according the U.S. Census and Department of Housing and Urban Development data shall receive no further state funding until the department awarding the funds determines the political subdivision has a lower homelessness rate than the state average or it enforces ordinances prohibiting unauthorized sleeping and camping.

This act shall not apply to shelters for domestic violence victims.

The provisions of this act shall be effective on January 1, 2023.

These provisions are substantially similar to SCS/SB 1106 (2022).

LAGERS (Section 70.631)

Currently, political subdivisions located in third class counties and Cape Girardeau County may, by majority vote of the governing body, elect to cover certain employee classes as public safety personnel members in the Local Government Employees' Retirement System (LAGERS). This act removes this restriction and allows any political subdivision to cover such employee classes.

This provision is identical to provisions in SCS/HB 1541 (2022), SB 655 (2022), and HB 1298 (2021).

ACTIONS FOR UNREDEEMED LANDS (Section 92.720)

This act provides that for any improved parcel of land identified as being vacant by St. Louis City operating under the Municipal Land Reutilization Law, the city collector shall, within no more than 2 years after delinquency, file suit in the circuit court against such lands or lots to enforce the lien of the state and the city as provided under the Municipal Land Reutilization Law. The failure of the collector to bring suit within 2 years shall not constitute a defense or bar an action for the collection of taxes.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

FILING FORECLOSURE PETITIONS (Section 92.740)

Currently, a suit for the foreclosure of the tax liens on such lands or lots shall be instituted by filing a petition with the circuit clerk and with the Land Reutilization Authority. This act provides that the circuit clerk shall assign petitions to a single judge in a circuit division and not to any associate division. Additionally, for each petition filed, the city collector shall make available to the public a list detailing each parcel included in the suit.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

REDEMPTION OF LAND BEFORE FORECLOSURE (Section 92.750)

This act adds that for any improved non-homestead parcel, any person having any right, title or interest in, or lien upon, any parcel of real estate may redeem such parcel of real estate at any time prior to the time of the foreclosure sale of such real estate by paying all of the sums due as of the date of redemption to the city collector, including all debts owed to the city.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

NOTICE OF FILING (Section 92.760)

This act provides that the city collector shall mail a notice to the people named in the petition as having an interest in the parcel or lot, or people otherwise known to the collector, at the address most likely to inform the parties of the proceedings.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

FILING OF AFFIDAVITS (Section 92.765)

This act provides that the city collector shall file with the court an affidavit of compliance with all notice requirements for the suit prior to any sheriff's sale. The affidavit shall include the identities of all parties to whom notice was attempted and by what means notice was given.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

FINAL JUDGMENT (Section 92.775)

Currently, if the parcel of real estate is auctioned off at a sheriff's foreclosure sale for a sum greater than the total amount necessary to pay all the tax bills included in the judgment, all proceedings in the suit shall be ordered dismissed as to taxes owned. This act provides that the receipt of such surplus funds shall constitute a bar to any claim of right, title or interest in, or lien upon the parcel of real estate by the fund recipient.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

NOTICES OF SALE (Section 92.810)

This act provides that no later than 120 days prior to the sheriff's sale, the collector shall obtain a title abstract or report on any unredeemed parcels, which shall include all conveyances, liens, and charges against the real estate, and the names and mailing addresses of any interested parties and lienholders. Additionally, no later than 20 days prior to the sheriff's sale, the collector shall send notice of the sale to the interested parties which shall include the date, time, and place of the sale as well as other information as provided in the act.

This act also modifies the requirement that the collector shall send notice of the sale to the parties having interest in the parcel no later than 40 days prior to the sheriff's sale, rather than 20 days. The notice shall be sent to the addresses most likely to inform the parties of the proceedings.

Finally, no later than 20 days prior to the sheriff's sale, the sheriff shall post a written notice on the parcel in a conspicuous location and attached to a structure. The notice shall describe the property and advise that it is the subject of delinquent land tax collection proceedings and that it may be sold for the payment of delinquent taxes. This notice shall also contain other information as provided in the act. The sheriff shall also attempt in-person notice no later than 20 days prior to the sale to any person found at the property.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

REDEMPTION CONTRACTS (Section 92.815)

This act provides that the city collector shall not enter into a redemption contract with respect to any improved parcel not occupied as a homestead. On an annual basis, the city collector shall make publicly available the number of parcels under redemption contract.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

ACTIONS FOR TEMPORARY POSSESSION OF REAL PROPERTY FOR REHABILITATION (Section 92.817)

The court shall stay the sale of any parcel to be sold under foreclosure in an action for temporary possession of real property for rehabilitation, provided that the party which has brought such an action has, upon order of the court, paid to the circuit court the principal amount of all land taxes then due under the foreclosure judgment prior to the date of sale. Upon the granting by a court of temporary possession of the property, the court shall direct payment to the collector of all principal land taxes paid to the circuit court. Additionally, the court shall order the permanent extinguishment of penalties and interest arising from actions to collect delinquent land taxes.

If the owner of the parcel moves for restoration of possession, the owner shall pay into the circuit court all land tax amounts currently due, including all penalties. If the court orders the property be restored to the owner, all funds paid on the principal land taxes shall be returned to the payer and all funds paid to the circuit court by the owner shall be paid out to the collector.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

FORECLOSURE SALE BIDS (Section 92.825)

This act provides that no person shall be eligible to bid at the time of the sheriff's sale unless the person has, no later than 10 days before the sale date, demonstrated to the collector or sheriff that they are not the owner of any parcel of real estate in the city which is subject to delinquent taxes or fees. The collector or sheriff may require prospective bidders to submit an affidavit attesting to the bid requirements of this act.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

CONFIRMATION OF SALE (Section 92.840)

This act provides that within 6 months after the sheriff sells the parcel of real estate, the court shall set a hearing to confirm or set aside the foreclosure sale. The court's judgment shall include a specific finding that adequate notice was provided to all necessary parties.

If there are any surplus funds from the sale then 10% of the funds shall be distributed to the Affordable Housing Trust Fund of the city or its equivalent. The city may also, by ordinance, elect to allocate a portion of its share of the sale proceeds towards a fund for the purpose of defending against claims challenging the sufficiency of notice.

Additionally, this act provides that the purchasers of the property shall agree that in the event of their failure to obtain an occupancy permit prior to any subsequent transfer of the property, they shall pay $5,000 in damages without proof of loss or damages, except these damages shall not constitute a lien on the property. If any purchaser applies for an occupancy permit and inspectors do not inspect the parcel in 120 days, the cost of the application shall be dedicated to the sheriff for the purpose of providing notice to interested parties.

If the sale is not confirmed within 6 months after the sale, any set-aside of the sale, at the discretion of the court or collector, shall include a penalty of 25% of the bid amount over the opening bid amount and shall be paid to the Affordable Housing Trust Fund of the city or its equivalent.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

RECORDING FEE FOR DEED (Sections 92.852 and 92.855)

This act modifies provisions relating to the recording of a sheriff's deed. All such deeds shall be recorded with the recorder of deeds within 2 months after the court confirms the sale, if no proceeding to set aside the confirmation judgment is before the court. The sheriff's deed shall be prima facie evidence that the suit and all proceedings met the requirements of law.

This act repeals the provision that after 2 years from the date of the recording of the deed, there shall be a presumption that the suit and all proceedings met the requirements of law and no suit may be filed to attack the validity of the claim.

These provisions are identical to HB 2218 (2022), SB 1190, (2022) and SB 495 (2021).

TAX INCREMENT FINANCING DISTRICTS (Sections 99.825, 99.830, & 99.865)

Current law requires a tax increment financing (TIF) commission to provide notice of a public hearing prior to the adoption of an ordinance proposing a redevelopment plan or project, with such notice to be published in a newspaper of general circulation and mailed to each owner of real property within the boundaries of the TIF district. This act requires such notice to also be given to the Department of Revenue, which shall publish such information on its website.

This act also requires the governing body of the municipality establishing a redevelopment area to submit to the State Auditor and the Department of Revenue a description of the boundaries of the redevelopment area, estimated redevelopment project costs, and the date on which the redevelopment area terminates, as described in the act. The governing body establishing a redevelopment area shall not deposit any payments in lieu of taxes into the special allocation fund until such information is submitted.

Current law also requires the governing body of a municipality to provide notice of a public hearing to be held five years after the establishment of a redevelopment plan, with such notice to be published in a newspaper of general circulation. This act requires such notice to also be given to the Department of Revenue, which shall publish such information on its website.

COUNTY FINANCIAL STATEMENT PENALTIES FOR FAILURE TO FILE (Section 105.145)

Under current law, any transportation development district having gross revenues of less than $5,000 in a fiscal year for which an annual financial statement was not timely filed to the State Auditor is not subject to a fine.

This act provides that any political subdivision that has gross revenues of less than $5,000 or that has not levied or collected sales or use taxes in the fiscal year for which the annual financial statement was not timely filed shall not be subject to a fine.

Additionally, if failure to timely submit the annual financial statement is the result of fraud or other illegal conduct by an employee or officer of the political subdivision, the political subdivision shall not be subject to a fine if the statement is filed within 30 days of discovery of the fraud or illegal conduct.

If the political subdivision has an outstanding balance for fines at the time it files its first annual financial statement after August 28, 2022, the Director of Revenue shall make a one-time downward adjustment to such outstanding balance in an amount that reduces the outstanding balance by no less than 90%. If the Director of Revenue determines a fine is uncollectable, the Director shall have the authority to make a one-time downward adjustment to any outstanding penalty.

These provisions are identical to provisions in HCS/SS/SCS/HB 724 (2022), SCS/HB 1541 (2022), and HB 2220 (2022) and substantially similar to HB 441 (2021), HB 826 (2021), and to provisions in SCS/SB 527 (2021).

AUCTIONS FOR LAND WITH DELINQUENT PROPERTY TAXES (Sections 140.170 & 140.190)

This act allows a county collector to hold an auction of lands with delinquent property taxes through electronic media at the same time as said auction is held in-person.

These provisions are identical to SB 1144 (2022).

FIFA TICKETS SALES TAX EXEMPTION (Section 144.051)

Beginning June 1, 2026, and ending July 31, 2026, this act authorizes a sales tax exemption for the sale of tickets to matches of the 2026 FIFA World Cup soccer tournament held in Jackson County.

These provisions are identical to provisions in SB 652 (2022).

TRANSPORTATION DEVELOPMENT DISTRICTS (Sections 238.212 & 238.222)

Current law requires a circuit clerk to provide notice to the public that a petition has been filed for the creation of a transportation development district (TDD), with such notice to be published in a newspaper of general circulation. This act requires such notice to also be given to the Department of Revenue, which shall publish such information on its website.

This act also requires the governing body of a local transportation authority establishing a district to submit to the State Auditor and the Department of Revenue a description of the boundaries of the district, as well as the rates of property tax and sales tax in the district, as described in the act. The governing body establishing a TDD shall not collect any taxes until such information is submitted.

These provisions are identical to provisions in HCS/SCS/SB 908 (2022).

EMERGENCY LIGHTS ON PARK RANGER VEHICLES (Section 304.022)

This act adds vehicles operated by county park rangers to the definition of "emergency vehicle" applicable to yielding the right-of-way and the display of emergency lights.

These provisions are substantially similar to provisions in HB 1637 (2022), SB 1156 (2022), SCS/HB 2088, et al (2022), and HB 2665 (2022).

SALARIES OF COUNTY PUBLIC ADMINISTRATORS (Section 473.742)

Currently, if a public administrator of a second, third, or fourth class county or of the City of St. Louis elects to be placed on salary, the salary is determined by a schedule based on the average number of open letters in the two years preceding the term in which the salary is elected. This act provides that every public administrator who begins his or her term on or after January 1, 2023, shall be deemed to have elected to receive such salary. This act also provides that a letter of guardianship and a letter of conservatorship shall be counted as separate letters. Additionally, it shall be two letters if the public administrator is appointed by the court as both a guardian and a conservator to the same ward or protectee.

Furthermore, this act provides that upon majority approval by the salary commission, a public administrator may be paid according to the assessed valuation schedule set forth in the act. If the salary commission elects to pay a public administrator according to the assessed valuation schedule, the salary commission shall not elect to change at any future time to pay the public administrator according to the average number of open letters in lieu of paying them according to the assessed valuation schedule.

These provisions are identical to SB 1088 (2022) and substantially similar to HB 2450 (2022) and HB 2450 (2021) and is similar to SB 803 (2020).

CONDEMNATION PROCEEDINGS (Section 523.061)

Currently, if a party files exceptions to the award by the commissioners in any condemnation case and a jury trial occurs, the circuit judge presiding over the condemnation proceeding shall determine the just compensation for the property, whether a homestead taking has occurred, whether heritage value is payable, and shall increase the jury verdict to provide for the additional compensation when applicable. This act provides if such jury trial shall occur and the circuit judge presiding over the condemnation proceeding has determined that a homestead taking has occurred or that the heritage value is payable, the circuit judge shall determine the just compensation of the property and shall increase the jury verdict to provide for the additional compensation when applicable.

Additionally, if the plaintiff is a city, town, or village incorporated in this state that moves for the exclusion of the heritage value and shows after an evidentiary hearing by a preponderance of the evidence that the property taken has been abandoned, declared a nuisance and been ordered to be vacated, demolished or repaired after notice and hearing, or materially and negatively contributed to a blighted area, a circuit judge who determines that heritage value is payable shall not increase the commissioners' award nor the jury verdict to provide for the additional compensation due where the heritage value applies.

This act is similar to HCS/HB 2443 (2022).

LAND CONVEYANCES (Sections 1, 2, 3, 4, & 5)

This act authorizes the conveyance of certain state property located in the city of Kirksville to the Kirksville R-III School District. The act also authorizes the conveyance of certain state property located in the city of Kirksville to Truman State University.

This provision is identical to a provision in SB 1111 (2022) and 1112 (2022) and similar to HB 1597 (2022), SB 599 (2021), and HB 1032 (2021).

This act also authorizes the conveyance of certain state property located in the City of Rolla to Edgewood Investments.

This provision is identical to a provision in SS/SB 997 (2022).

This act also authorizes the conveyance of certain state property located in the City of St. Louis and St. Louis County.

VACCINE REQUIREMENTS (Section 6)

This act provides that no public employee shall be required by any political subdivision to receive a vaccination against COVID-19 as a condition of commencing or continuing employment.

MARY GRACE PRINGLE


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