HB 0389 Makes changes to St. Louis Boundary Commission law and general annexation procedures
Bill Summary
- Prepared by Senate Research -

SCS/HCS/HB 389 - This act makes several changes in the St. Louis Boundary Commission law, general annexation procedures and contracting for the examination of tax records.

ST. LOUIS BOUNDARY COMMISSION - Expands the conflict of interest provision on Commission members and employees to include contractors. The county or municipality can bring suit against the Commission.

Under section 72.401, all boundary changes are postponed for 120 days after the effective date of this act. The act also abolishes the current Boundary Commission and creates a new Commission. It redistributes the powers of appointment to municipalities of varying populations, the county municipal league and adds certain residential requirements, but retains 11 members of the commission.

There is a moratorium on boundary changes until April 15, 2000, except for consolidations. The county and affected municipalities are made parties to the public hearing on boundary change proposals. The act changes one of the factors considered in a boundary change from "ability to accommodate the orderly incorporation" to "creation of logical and reasonable municipal boundaries".

A simplified boundary change can only apply to predominately residential areas with at least a one house per three acres. The act allows deferral of final action on a boundary change to allow introduction of a new proposal when introduced by persons in a overlap area and such persons are a greater proportion of the area.

A requirement that the Commission determine whether an "unincorporated pocket" will have difficulty being served by the county due to its isolation is added.

The Commission no longer has a duty to issue reports on certain financial matters. The sunset provision of Section 72.418 is removed. The section restricts newly formed cities from establishing a fire department where such service is already provided by a fire district.

Numerous changes are made to the unincorporated area law. The county must now bring the petition, instead of individuals. The Commission must publish notice of the proposal, hold a public hearing and issue findings. Provisions giving a petition to remain unincorporated priority over other proposals is deleted. Factors to be considered by Commission in an unincorporated area proposal are included.

Section 1 establishes a 5 year planning cycle. This limits boundary change proposals, but not consolidations, if the proposal has not been included in a previously submitted map plan review. Procedures for submissions of maps and plans are included.

GENERAL ANNEXATION PROCEDURES - These provisions apply throughout the state.

"Common interest communities" (condominiums, cooperatives or planned communities, etc) are added to the current law allowing certain areas to request annexation.

The act adds to the current requirement that publication of an annexation hearing be in a newspaper of general circulation qualified to publish legal matters. The added requirement is that the newspaper be located within the boundaries of the petitioned city, town, or village. If no such newspaper exists, then it must be printed in the newspaper nearest the petitioned political subdivision.

The act also allows any city along a road or highway within 2 miles of Moberly Correctional Center to annex the center.

Current annexation procedures are changed to allow the court filing to occur after a vote of annexation. The governing body still must first hold a hearing, but may reduce annexation court filings should the vote be taken before the governing body files the petition. Current law requires the vote to be taken after the governing body approves of annexation, and files a court petition seeking annexation.

MISCELLANEOUS - Section 321.322 is expanded to apply to cities with a population range of 2,500 to 50,000. Current law sets the range at 2,500 to 40,000. The section requires a city with an overlapping fire district and fire department to contract with a fire protection district to take over property in a portion of the district which is annexed to the city.

This act also prohibits the state or its political subdivisions from contracting for an examination of a taxpayer's books and records if the compensation for the service is contingent upon or related to the amount of tax, interest, court cost, or penalty assessed or collected from the taxpayer. This section shall not impact contracting for the collection of taxes when the contractor cannot determine the amount of tax owed.

Portions of this act are similar to SB 260.
CHARLES HATCHER

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