SB 386 Modifies provisions of law regarding political subdivisions
Sponsor: Lager
LR Number: 1531L.02C Fiscal Note: 1531-02
Committee: Jobs, Economic Development and Local Government
Last Action: 5/15/2009 - Defeated on H Third Reading Journal Page: H2220-2222
Title: HCS SB 386 Calendar Position: 6
Effective Date: August 28, 2009
House Handler: Brown

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HCS/SB 386 - This act modifies various provisions relating to political subdivisions.

SECTION 48.020

This act changes the assessed valuation that counties must obtain for different classifications.

SECTION 48.030

This act allows Lincoln County, after meeting the required assessed valuation, to become a second class county upon a vote of the governing body to change classifications. Currently, a county can only change classifications by a vote of the governing body if it is becoming a first class county; otherwise, the county must be at the required assessed valuation for five years before changing classifications. The effective date of the change in classification shall be at the beginning of the county fiscal year following the election by the governing body.

This provision is similar to SB 574 (2009).

SECTION 48.050

Under this act, when a county changes classification, the salary established for each county official at the time of the change shall not be reduced until such person holding office at the time of the change leaves office.

This provision is identical to SB 557 (2009).

SECTIONS 49.082 & 50.343

This act modifies the continuing education requirements for county officers.

SECTION 49.310

This act allows Caldwell County to establish a jail or holding facility outside of the county seat.

This provision is identical to SB 457 (2009).

SECTIONS 50.660 & 50.783

Under this act, a county is not required to obtain bids on purchases of $6,000 or less. Currently, such amount is set at $4,500.

Under current law, counties may waive competitive bidding when the County Commission determines that there is only one feasible source for the supply. This act requires counties to post notice on such proposed purchases of over $6,000 and advertise the commission's intent to make such purchase in the newspaper at least ten days in advance. Currently, the commission must post notice for such proposed purchases of at least $3,000 and also advertise in the newspaper for such purchases of at least $5,000.

These provisions are identical to SB 256 (2009) & HB 376 (2009).

SECTION 52.230

Under current law, the collectors of revenue for every county must mail property tax due notices thirty days prior to the delinquent date to all resident taxpayers. This act requires collectors of revenue in first class counties to provide such notices forty-five days prior to the delinquency date while all other county collectors will be subject to the thirty day requirement, unless a collector is prevented from mailing the notices by circumstances out of the control of such collector. In such a case, the collector must report the reason for delayed mailing to the county commission.

SECTIONS 52.290, 52.312, and 54.010

Currently, in counties without a charter form of government the collector collects a seven percent fee for the collection of delinquent taxes. In counties with a charter form of government and St. Louis City, the collector collects a two percent fee for the collection of such taxes. Under this act, in counties adopting a charter form of government after January 1, 2008, the collector shall collect a seven percent fee for the collection of delinquent taxes, while the collector in counties adopting a charter form of government before January 1, 2008, shall collect a two percent fee.

Currently, all counties, except counties with a charter form of government excluding St. Charles County, are required to establish a "Tax Maintenance Fund" to be used solely as a depository for funds received or collected for the purpose of funding additional costs and expenses incurred in the collector's office. Under this act, counties adopting a charter form of government after January 1, 2008, shall be required to establish such a fund as well.

In the event a county of the third or fourth classification abolishes its township organization, the county collector shall assume all duties, compensation, and requirements of the collector-treasurer.

SECTION 55.030

Current law requires auditors of charter counties to keep an inventory of all county property under the control and management of the county which has an original value of two hundred fifty dollars or more. This act requires the auditor only inventory property with an original value of one thousand dollars or more.

SECTION 55.140

The act grants auditors of first and second class counties access to all records, collections, and settlements for licenses issued by the county and requires county offices to provide the auditor with a monthly listing of the names of the parties to whom such licenses were issued.

SECTION 55.190

This act requires the collectors of counties of the first and second classification to provide the county auditor with daily reports of receipts and a deposit slip showing such day's deposit. Collectors will be required to provide taxpayers a numbered receipt upon collection of taxes.

SECTIONS 60.670 AND 327.272

This act requires the office of the land surveyor in the department of natural resources to promulgate rules and regulations establishing minimum standards for digital cadastral parcel mapping. Any map designed and used to reflect legal property descriptions or boundaries for use in a digital cadastral mapping system must comply with such rules, unless the party requesting the map specifies otherwise in writing, the map was designed and in use prior to the promulgation of the rules, or the parties requesting and designing the map already agreed to their contractual terms on the effective date of the rules promulgation.

The practice of land surveying shall include working with positions of the United States Public Land Survey System. It shall also include creating, preparing or modifying electronic or computerized data relative to the performance of certain other surveying activities; however, such acts shall not be exclusive to professional land surveyors unless they affect real property rights.

SECTION 64.170

This act allows Boone County to adopt, by order or ordinance, regulations to control the minimum standards of occupancy for residential units rented or leased and also to develop a program for licensing and inspecting the units. The county may recover the costs to administer the program through establishing reasonable fees.

SECTION 67.456

Specifies the manner in which each parcel of property in a neighborhood improvement district will be assessed if a single parcel within the district is divided into additional parcels within five years of the final costs of the improvement's assessment.

SECTION 65.610

This section allows the county commission, upon a majority vote, to put the issue of abolishing the county's township organization to a vote of the people. Currently, it requires a petition by ten percent of the voters to submit the issue to a vote.

SECTION 67.280

This section requires communities to file one copy of any technical code adopted with the clerk's office to be available to the public, rather than three copies.

SECTION 67.281

A builder of family residences or multi-unit dwellings with no more than four units must offer purchasers to install fire sprinklers in the residence. No purchaser of such residences shall be denied the right to choose to install the fire sprinkler or decline the offer by the political subdivision's code, ordinance, rule, regulation, order or resolution. Such provisions must provide the mandatory option for purchasers to choose and the requirement that builders offer to purchasers such option.

SECTION 67.304

Currently, a municipality or county has discretion to allow organizations to solicit charitable contributions in its roads. Under this act, a municipality or county is required to authorize organizations to make such solicitations if public safety officers will be making the solicitations. The organization must file a written application providing certain information, including proof of a valid liability insurance policy in an amount of at least one million dollars, in order to receive authorization.

SECTION 67.2000

This act allows real property owners in Caldwell, Clinton, Davies, and DeKalb counties to seek voter approval for the creation of exhibition center and recreational facility districts. If such a district is created, it may seek voter approval for the imposition of a one-quarter of one percent sales tax, for a period not to exceed twenty-five years, to fund the district.

SECTION 67.3000

It shall be lawful for Caldwell County to enter into a contract with private corporations engaged in delivering water at wholesale for domestic consumption. The county may also acquire, own, and hold, with private corporations, water mains.

SECTION 71.275

The governing body of a municipality may annex a research park that is compact and contiguous to the existing municipal boundaries if the property has not been sold within the previous six months and the municipality receives the written consent of all the property owners. The municipality and county shall adopt reciprocal ordinances authorizing the annexation. A "research park" is defined as an area developed by a university to be used by technology-intensive and research-based companies as a business location.

SECTION 82.1026

Under this act, Kansas City may enact ordinances to allow the city building official to petition the circuit court in the county where a vacant nuisance building is located for the appointment of a receiver to rehabilitate the building, demolish it, or sell it to a qualified buyer.

SECTION 84.830

This act repeals provisions of law which currently prohibit any Kansas City police officer from:

(1) Belonging to a political party committee;

(2) Soliciting any person to vote for or against any political candidate, party, or organization;

(3) Making contributions of any kind for political activity; or

(4) Allowing any solicitation of contributions to take place on police department property.

This act also repeals the provision which prohibits any person from soliciting a police officer or a member of the police board for any political purpose.

This provision is identical to SB 18 (2007).

SECTION 86.362

Beginning August 28, 2009, this act allows any member of the Police Retirement System of St. Louis who has accumulated up to 30 years of creditable service to use accumulated sick leave for vesting purposes or for the Deferred Retirement Option Plan (DROP). For members participating in the DROP, the member can have placed in his or her DROP account a dollar amount equal to his or her accumulated number of sick leave hours multiplied by his or her hourly rate of pay at the time of retirement or a member has the option to place one-half of this dollar amount in his or her account, to have one-fourth of the amount added to his or her average final compensation, and to have the remaining one-fourth of this dollar amount remain as time and added to his or her creditable service.

SECTION 88.832

Third class cities are prohibited from imposing storm water usage fees on property owned by any church, public school, nonprofit organization, or political subdivision.

SECTION 99.710

Under current law, the statement of total assessed valuation for all real property contained in a land clearance for redevelopment project must remain on file in the assessor's office for ten years. This act requires the statement remain on file for at least five years but not more than ten years in the assessor's office.

SECTIONS 99.1082, 99.1088, 99.1090, AND 99.1092

The act defines "other net new revenues" as it relates to the Downtown Revitalization Preservation Program, commonly referred to as MODESA-Lite, as the amount of state sales tax increment or state income tax increment, or the sum of both, as determined under Section 99.918, RSMo; and defines "state income tax increment" as it relates to the Downtown Revitalization Preservation Program, commonly referred to as MODESA-Lite, as an estimate of the income tax due the state for salaries and wages paid to new employees in new jobs in the redevelopment area and created by the redevelopment project. Such estimate will be a percentage of gross payroll based upon analysis done by the Department of Revenue which cannot exceed two percent.

SECTION 115.607

The act changes the procedures for the election of county political party committee members in Prairie Township outside Kansas City in Jackson County.

SECTION 138.431

Provides that in St. Charles County, the assignment of a hearing officer, for appeals of assessments to the state tax commission, will be deemed to have been made when the scheduling order is first issued and signed by the hearing officer, unless another hearing officer is assigned to the case by other provisions in said order. In St. Charles County, a change of hearing officer of request to have the appeal heard by the full commission or a quorum thereof, must be granted by the commission upon an application filed by a party within thirty days of the assignment of a hearing officer. Such request need not show cause for the change, but no more than one such request will be allowed for each party in an appeal.

SECTION 139.031

Modifies provisions of law regarding the payment of taxes under protest and prohibits the dismissal of an appeal of property taxes due to a failure to tile a written statement when paying taxes based upon a disputed statement.

SECTIONS 139.140, 139.150, 139.210, AND 139.220

Modifies provisions of law regarding the duties of the various city and county collectors of the state.

SECTION 140.150

The act requires county collectors to send up to three notices prior to a tax sale to the publicly recorded owner of record of the real property. The first notice is by first class mail, the second by certified mail, and a third notice is sent if the certified mail is returned unsigned to both the owner of record and the occupant of the real property at least fifteen days before the fourth Monday in August.

SECTION 140.160

Removes the requirement that the county auditor provide a list of all delinquent and back taxes and unpaid special assessments when conducting annual audits of county collectors. Under current law, a copy of such audits may be provided to the city collectors, within the county, at the discretion of the county collector. This act allows a copy of such audit to be provided to all applicable taxing entities, within the county, at the discretion of the county collector.

SECTIONS 140.190, 140.250, 140.290

The purchase price of the property at a third offering must be at least equal to the sum of the delinquent taxes, interest, penalties, and costs. The certificate of purchase will be issued to an agent if the purchaser is a nonresident. The purchaser is required to pay a fee to the collector to record the certificate of purchase. After the third offering, the collector's deed or trustee's deed will have priority over all the other liens or encumbrances on the property sold except for real property taxes or federal liens.

SECTIONS 140.230, 140.260

If a land sale for satisfaction of delinquent or back taxes results in an amount greater than the amount of debt, taxes, interest, and costs; the excess proceeds must be held in trust in the county treasury for three years for the publicly recorded owner or owners of the property sold or their legal representatives. After three years, any amount not called for will be deposited into the county's school fund.

SECTIONS 140.310, 140.340, 140.420

The redemption periods for the owner of record to redeem tax sale property are revised; and the owner must reimburse the purchaser for all costs of sale, including the cost for recording the certificate of purchase, the fee to record the release of the certificate, the cost of the title search, the cost of the required certified mail notifications, interest at the rate specified on the certificate, and any taxes paid by the purchaser plus eight percent interest.

SECTION 165.071

Requires county collectors to perform the same duties as collector-treasurers with regard to monthly payments to school districts.

SECTION 182.647

Currently, the librarian of a consolidated public library district is required to submit an annual status report to the district board by August thirty-first, and the board is required to submit this report and an independent audit to the county commission and the State Library Commission by September thirtieth of each year. This bill changes the due dates to September thirtieth and October thirty-first, respectively.

SECTIONS 221.360, 221.365, 221.370, 221.375, 221.380,221.385, 221.390

Authorizes County Sheriffs to require prisoners, to perform labor in county work programs upon the roads, bridges, or other public works of the county or any other projects for which public funds could be expended. Sheriffs may hire such prisoners out to other counties to perform similar labor, but may not lease such prisoners to work for any private interests except nonprofit organizations. Sheriffs must provide food, clothing and medical attention as well as other necessities for such prisoners and are prohibited from requiring prisoners from working more than eight hours a day with no more than two additional hours for travel to and from the work site. Sheriffs are prohibited from compelling prisoners with legitimate physical, mental, or health problems from such labor, or requiring prisoners to perform labor which would be detrimental to a prisoner's physical or mental health. Any sheriff or employee of the sheriff who treats of a prisoner in a cruel or inhuman manner will be guilty of a class A misdemeanor. The sheriff must protect prisoners from insult by others, persistence of a person to insult or annoy prisoners after being commanded to cease by the sheriff will result in such person being found guilty of a class C misdemeanor. Prisoners will be entitled to a credit of one dollar per day for labor performed against any fines and costs imposed against such prisoner.

SECTION 300.349

Allows licensed drivers to operate off-highway vehicles on gravel or dirt roads located in any charter county in certain situations. Anyone violating these provisions will be guilty of a class C misdemeanor and may be subject to a civil penalty of up to one thousand dollars per day of violation.

SECTIONS 304.287, 340.288, 304.289, 304.290

The act establishes the Missouri Universal Red Light Enforcement Act which allows various political entities to establish automated photo red light enforcement systems to detect red light signal violations. Prior to installation, all systems must be registered with the Department of Transportation. At the time of registration, a one-time, five hundred dollar-per-light fee will be collected and deposited into the Red Light Enforcement Fund for conducting audits to ensure entity compliance with the provisions of the act. The roadway must be clearly marked with a white stripe indicating the stop line and the perimeter of the intersection prior to activation of the system. The entity must also install warning signs within five hundred feet of the white stripe indicating the stop line and have the signal phase timings at the intersection certified by the department. Prior to installing the automated enforcement system, the entity must give notice of the intersection where the system will be located and the date on which the system will begin to monitor the intersection. The entity must give the notice at least 14 days prior to the installation of the system in a newspaper of general circulation throughout the area served by the entity.

The act requires entities implementing a system to submit an annual report to the department regarding:

(1) The number of intersections enforced by an active system;

(2) The number of notices of violation mailed;

(3) The number of notices of violation paid;

(4) The number of hearings; and

(5) The total revenue collected as a result of the system.

Any entity failing to complete the annual report within 45 days of its due date will be fined $50,000 and must remove all automated photo red light enforcement systems. Entities that establish an automated photo red light enforcement system may contract with a private vendor to perform operational and administrative tasks associated with the use of the system but not the issuance of the notice of violation. Any compensation paid to a private vendor must not be based upon the number of violations mailed, the number of citations issued, the number of violations paid, or the amount of revenue collected by the entity.

Before a notice of violation may be issued, all images produced by a system must be reviewed and approved by a law enforcement officer employed by the entity in which the alleged violation occurred. Based on inspection of recorded images, a signed notice of violation or copy of the notice alleging that the violation occurred will be evidence of the facts and will be admissible in any proceeding. The act specifies what the notice of violation is to contain including a copy of two recorded images and a zoomed and cropped image of the vehicle's license plate and an image of the driver as well as information on how he or she can review the alleged violation and contest it. Any issued notice of violation must be mailed no later than three business days after the violation was recorded by the automated system.

The penalties and court costs imposed for a violation must not exceed an amount that would have been imposed if the violation had been detected by a law enforcement officer present when the violation occurred. A person who commits a red light violation will be guilty of a moving violation as specified in Section 302.302. A person charged with committing a red light violation may rebut the violation by filing an affidavit with the court that he or she was not the operator of the vehicle at the time of the alleged violation. Entities must issue warning notices for the first 30 days after a system is installed, and no entity may use a photo radar system to enforce speeding violations. Entities will also be required to maintain photographic and other recorded evidence for at least three years. Photographic and recorded evidence will not be subject to disclosure under the Open Meetings and Records Law, commonly known as the Sunshine Law.

SECTION 311.060

Currently, a liquor license may not be denied, suspended, or revoked based solely on the fact that an employee has a felony conviction unrelated to the manufacture or sale of alcohol if the employee does not directly participate in retail sales. Under this act, the employee may not directly participate in retail sales at any establishment where less than fifty percent of the gross income is derived from the sale of prepared meals or food consumed on the premises.

SECTION 319.015

Modifies the definition of the term "approximate location" to a strip of land not wider than the width of the underground facility plus eighteen inches rather than two feet, for purposes of the Underground Facility Safety and Damage Prevention Act.

SECTION 429.015

Currently, architects, engineers, landscape architects, land surveyors, and corporations registered to do the work of these professions who perform work on buildings or land have a lien on the building or land to the extent of one acre. This act increases the lien to encompass three acres.

SECTION 431.210

Specifies that the automatic renewal of contracts for service, maintenance, or repair to or for any residential real property intended for personal, family, or household use will be invalid unless a written notice by certified mail or email is given to the customer thirty to ninety days prior to the contract being renewed.

SECTION 447.708

Modifies the brownfield redevelopment tax credit to include costs incurred due to environmental insurance premiums and the backfill of areas where contaminated soil excavation occurs. The act allows for the release of a prorated amount of tax credits upon receipt of a letter of completion, for a portion of a project, from the department of natural resources.

SECTION 473.745

The act requires the City of St. Louis to provide suitable furnishings and to purchase all necessary supplies for the public administrator. All necessary expenses of the public administrator must be approved by the comptroller and paid out of the city treasury. Upon approval of a majority of the circuit court judges of the city, the public administrator is authorized to employ as many deputies and assistants as the public administrator deems necessary and to set their compensation up to a certain limit established by the board of aldermen. When appointed by the probate division or the circuit court, the public administrator must act as trustee or successor trustee for any additional duties imposed.

SECTION 490.240

Allows electronic versions of ordinances, resolutions, rules, orders, or bylaws of cities and towns to be submitted as evidence in court.

SECTION 701.355

Allows the Elevator Safety Board within the Department of Insurance, Financial Institutions and Professional Registration to adopt a code of rules and regulations governing licenses of elevator mechanics and elevator contractors.

SECTION 1

Allows first class counties to establish curfews for persons under the age of seventeen. Any minor and who violates such curfew will be guilty of a class C misdemeanor. If such minor's legal guardian has knowledge of such violation he or she will also be guilty of a class C misdemeanor.

SECTION 2

Requires political subdivisions to revise property tax rates for each subclass of real and personal property, exclusive of new construction and improvements, to produce the same amount of revenue as was produced in the previous year for each subclass of property provided such rate does not exceed the greater of the rate in effect for the 1984 tax year or the most recently voter-approved rate.

SECTION 3

Requires every person seeking election to the position of county executive or presiding commission for any charter county with an assessed valuation of fifteen billion dollars or more to hold a bachelor's degree from an accredited four-year university.

JASON ZAMKUS