Missouri Senate

Senate Amendment

ZONING REGULATIONS ON HOME-BASED WORK BY POLITICAL SUBDIVISIONS (Sections 64.008, 65.710, and 89.500)

The act creates new provisions governing the regulation of home-based work, as defined in the act, by certain political subdivisions. Specifically, counties, municipalities, and townships are prohibited from enacting a zoning ordinance or regulation that:

· Prohibits mail order or telephone sales for home-based work;

· Prohibits service by appointment within the home or accessory structure;

· Prohibits or requires structural modifications to the home or accessory structure;

· Restricts the hours of operation for home-based work; or

· Restricts storage or the use of equipment that does not produce effects outside the home or accessory structure.

Furthermore, any such zoning ordinance or regulation may not explicitly restrict or prohibit a particular occupation.

These provisions do not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, by law or other document applicable to a common interest ownership community.

MORATORIUMS ON EVICTION PROCEEDINGS (Sections 67.137, 476.095, and 478.240)

This act provides that no county, city, town, or village shall impose or enforce a moratorium on eviction proceedings unless specifically authorized by law. Additionally, no court shall impose or enforce such a moratorium unless specifically authorized by law and the general administrative authority of the presiding judge of the circuit court does not include authority to impose or enforce such a moratorium.

LOCAL RESTRICTIONS ON HOME-BASED BUSINESSES (Section 71.990)

This act provides that a political subdivision shall not prohibit the operation of a no-impact, home-based business or require a person to apply for any permit or license to operate such a business. However, a political subdivision may establish reasonable regulations on such businesses that are narrowly tailored for the purpose of protecting public health and ensuring the businesses are compliant with state and federal law.

BUILDING CODES (Section 260.295)

No building code adopted by a political subdivision shall prohibit the use of refrigerants that are approved for use under the federal Clean Air Act.

This provision is identical to HCS/HB 2673 (2022) and a provision in SCS/HB 2593 (2022), and substantially similar to HB 2078 (2022).

RESTRICTIVE COVENANTS - DISCRIMINATORY COVENANTS (Sections 442.403)

This act prohibits deeds recorded on or after August 28, 2022, from specifically referencing restrictions relating to a person's race, color, religion, or national origin.

The person preparing or submitting a deed for recording has the responsibility for ensuring compliance with this act, and Recorders of Deeds may refuse to accept deeds that are in violation of the act. Deeds in violation of this act shall nevertheless constitute a valid transfer of real property.

Lastly, the act provides that the owner of real property may release the prohibited covenants by filing a certificate of release in a form specified under the act.

RESTRICTIVE COVENANTS - RENEWABLE ENERGY (Sections 442.404 and B)

This act specifies that no deed restriction, covenant, or similar binding agreement running with the land shall limit or prohibit the installation of solar panels or solar collectors, as defined in the act, on the rooftop of any property or structure.

A homeowners' association may adopt reasonable rules regarding the placement of solar panels or solar collectors to the extent those rules do not prevent the installation of the device or adversely affect its functioning, use, cost, or efficiency.

These provisions shall apply only with regard to rooftops that are owned, controlled, and maintained by the owner of the individual property or structure.

These provisions shall take effect January 1, 2023. (Section B).

These provisions are identical to provisions in HCS/SB 820 (2022), provisions in SCS/HB 2593 (2022), and SCS/SB 249 (2021), and similar to HB 938 (2021), SB 1008 (2020), HB 2526 (2020), provisions in HCS/SS/SCS/SB 594 (2020), provisions in HCS/SS/SB 618 (2020), provisions in HCS/SB 664 (2020), and provisions in HCS/SCS/SB 725 (2020).

NOTICE OF TITLE TRANSFER (Section 535.067)

This act provides that all transfers of title for real property with an outstanding collectible judgment shall be filed in circuit court within thirty days of such transfer.

ERIC VANDER WEERD

SA 1 - REMOVES PROVISIONS RELATING TO MORATORIUMS ON EVICTION PROCEEDINGS (Sections 67.137, 476.095, and 478.240) AND PROVISIONS RELATING TO NOTICE OF TITLE TRANSFER (Section 535.067)

SA 2 - ADDS PROVISIONS RELATING TO PROPERTY REGULATIONS IN CERTAIN CITIES AND COUNTIES (Sections 59.310, 92.720, 92.740, 92.750, 92.760, 92.765, 92.770, 92.775, 92.810, 92.815, 92.817, 92.825, 92.835, 92.840, 92.852, 92.855, and 442.130)