|
HCS/SS/SCS/SB 724 - This act modifies provisions relating to political subdivisions. 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 SCS/HB 1606 (2022), SCS/HB 1541 (2022), SB 845 (2022), and SB 1191 (2022) and substantially similar to HB 381 (2021). DOCUMENTS TO RECORDERS OF DEEDS (Sections 59.310 and 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 SB 1190 (2022) and SB 495 (2021). FIRST CLASS COUNTY PLANNING BOARDS (Section 64.231) Under current law, the county planning board of first class counties shall publish notice of a public hearing at least 15 days in advance of the hearing in a newspaper of general circulation and in at least two conspicuous places. This act provides that notice of the hearing shall be posted at least 15 days in advance of the hearing in a newspaper of general circulation and on the county's website. 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 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 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 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 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 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 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 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 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 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 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 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 SB 1190 (2022) and SB 495 (2021). 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 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). LAND BANK AGENCIES (Sections 140.980, 140.981, 140.982, 140.983, 140. 985, 140.986, 140.991, 140.1009, & 140.1012) This act provides that land bank agencies may be established in any city with more than 1,500 inhabitants or in any noncharter county other than Buchanan and Franklin counties. Upon request by any city with less than 1,500 inhabitants in a noncharter county other than Buchanan and Franklin counties or any unincorporated community located in a noncharter county other than Buchanan and Franklin counties, the county commission shall establish such land bank agency. A city that establishes a land bank agency may establish such agency by ordinance, resolution, or rule. Any county that establishes a land bank agency shall establish such agency by ordinance, resolution, or rule. A land bank agency established by a city shall not own any interest in real estate located in whole or in part in the city. The governing body of the city or county, or the chief administrative officer of the city, shall have the power to organize and administer the duties of the departments and employees of the land bank agency. These provisions are identical to provisions in SB 1089 (2022) and HB 2177 (2022). EXPENDITURES OF SCHOOL DISTRICTS (Section 164.450) Under this act, school districts in St. Charles county that receive voter approval for the issuance of bonds shall maintain a detailed accounting of each and every expenditure by the school district for the moneys generated by such issuance. School districts shall be required to maintain a budget for each project and the budget shall detail the exact cost of the project and the source of all moneys used to fund the project. All information in the budget shall be maintained and updated on the website of the school district and shall be publicly available. Any project undertaken by a school district shall be halted immediately upon exceeding the budgeted amount of moneys to complete such a project by more than ten percent. The continuation of the project shall not occur until the school district receives voter approval for the issuance of further bond indebtedness specifically for such project. Any taxpayer residing within a school district that violates the provisions of this section may seek, and a court shall order, injunctive relief against such school district in any court of competent jurisdiction to enforce the provisions of this section. These provisions are substantially similar to SB 1034 (2022). ALTERNATIVE COUNTY HIGHWAY COMMISSION (Section 230.205) Currently counties that have adopted an alternative form of county highway commission may only abolish it by a vote of the people. This act specifies that it may also be abolished by a vote of the county's governing body. If the alternative form of county highway commission is abolished, the act provides that the county shall adopt either the standard form of county highway commission, or a system of road districts and overseers as provided by law. These provisions are identical to provisions in HCS/HB 2220 (2022) and HB 1545 (2022). SPECIAL ROAD DISTRICTS (Section 233.095) Current law specifies that the boards of commissioners of certain special road districts may spend not more than 1/4 of the revenue paid into their treasuries for the purpose of maintaining roads within the limits of a city. This act removes the limit of 1/4. These provisions are identical to provisions in SCS/HB 1541 (2022) and SB 1121 (2022). CHARITABLE ORGANIZATIONS (Section 407.475) Under this act, the state shall not impose any additional annual filing or reporting requirements on a charitable organization that are more stringent, restrictive, or expansive than the report already required to be submitted to the Attorney General's office unless such filing or report is specifically required by federal law. This provision shall not apply to labor organizations, state grants or contracts, or investigations by the Attorney General of charitable organizations as set forth in state statute. The restriction on additional annual filing or reporting requirements on a charitable organization shall not apply when such organization is providing any report or disclosure required by state law to be filed with the Secretary of State. These provisions are identical to provisions in SS#2/SCS/SB 968 (2022), SS/SCS/SB 931 (2022) and similar to HB 1490 (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 provisions in SCS/HB 1606 (2022) and SB 1088 (2022) and substantially similar to HB 2450 (2022) and HB 2450 (2021) and is similar to SB 803 (2020). MARY GRACE PRINGLE HA #1 - MODIFIES PROVISIONS RELATING TO COUNTY FINANCIAL STATEMENTS (Section 105.145) HA #2 - ADDS PROVISIONS RELATING TO LAGERS (Section 70.631) HA #3 - ADDS PROVISIONS EXTENDING THE SUNSET PROVISION FOR THE "MEET ME IN MISSOURI ACT" (Section 620.1620) HA #5, AS AMENDED - ADDS PROVISIONS RELATING TO COVID-19 VACCINE REQUIREMENTS (Sections 67.265, 67.308, 167.029, 167.181, 167.191, 171.011, 192.290, Section 1) HA #6 - ADDS PROVISIONS RELATING TO RESIDENTIAL CONSTRUCTION REGULATORY SYSTEMS OF POLITICAL SUBDIVISIONS (Section 321.228) HA #7, AS AMENDED - ADDS PROVISIONS RELATING TO "THE PERSONAL PRIVACY PROTECTION ACT" (Section 105.1500); ADDS PROVISIONS RELATING TO HOMELESSNESS (Section 67.2300); ADDS PROVISIONS RELATING TO RECORDS OF THE DEPARTMENT OF HEALTH AND SENIOR SERVICES (Section 195.825); ADDS PROVISIONS RELATING TO "PROTECTING MISSOURI'S SMALL BUSINESSES ACT" (Section 44.251) HA #8, AS AMENDED - ADDS PROVISI8ONS RELATING TO CONTRACTS OF PUBLIC AND PRIVATE ENTITIES WITH RUSSIA (Section 34.605); HA #9, AS AMENDED - ADDS PROVISIONS RELATING TO AN "ECONOMIC DEVELOPMENT TRUST FUND (Sections 67.653 & 67.656); ADDS PROVISIONS RELATING TO THE OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER AND TAMPERING WITH AN ELECTION OFFICIAL (Section 575.095 & Section 1); ADDS PROVISIONS RELATING TO HOME INSPECTIONS (Section 436.337); ADDS PROVISIONS RELATING TO RESTRICTIVE COVENANTS (Section 442.403) HA #10 - ADDS PROVISIONS RELATING TO BUILDING CODES (Section 260.295) HA #11 - REMOVES PROVISIONS RELATING TO INDEBTEDNESS OF CERTAIN SCHOOL DISTRICTS (Section 164.450) HA #12 - ADDS PROVISIONS RELATING EVICTION MORATORIUMS (Section 535.012) HA #13 - ADDS PROVISIONS RELATING TO RESIDENCY REQUIREMENTS OF MAYORS OF 4TH CLASS CITIES (Section 79.235) HA #14, AS AMENDED - ADDS PROVISIONS RELATING TO QUALIFICATIONS FOR CERTAIN COUNTY OFFICIALS (Section 51.050, 55.060, 58.030, 60.010, 77.230, 79.080, 105.035, 162.291, 190.050, 204.610, 247.060, 249.140, 321.130, & 483.010); ADDS PROVISIONS RELATING TO FEES FOR RECORDS OF THE MISSOURI STATE HIGHWAY PATROL (Section 43.253)
|
