FIRST REGULAR SESSION

[PERFECTED]

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 563

93RD GENERAL ASSEMBLY

         Reported from the Committee on Agriculture Policy March 10, 2005 with recommendation that House Committee Substitute for House Bill No. 563 Do Pass by Consent. Referred to the Committee on Rules pursuant to Rule 25(26)(f).

                  Reported from the Committee on Rules March 15, 2005 with recommendation that House Committee Substitute for House Bill No. 563 Do Pass by Consent with no time limit for debate.

                  Perfected by Consent March 30, 2005.

STEPHEN S. DAVIS, Chief Clerk

1612L.02P

AN ACT

To repeal section 246.005, RSMo, and to enact in lieu thereof one new section relating to drainage and levee districts, with an emergency clause.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 246.005, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 246.005, to read as follows:

            246.005. 1. Notwithstanding any other provision of law, any drainage district, any levee district, or any drainage and levee district organized under the provisions of sections 242.010 to 242.690, RSMo, or sections 245.010 to 245.280, RSMo, which has, prior to April 8, 1994, been granted an extension of the time of corporate existence by the circuit court having jurisdiction, shall be deemed to have fully complied with all provisions of law relating to such extensions, including the time within which application for the extension must be made, unless, for good cause shown, the circuit court shall set aside such extension within ninety days after April 8, 1994.

            2. Notwithstanding any other provision of law, any drainage district, any levee district, or any drainage and levee district organized under the provisions of sections 242.010 to 242.690, RSMo, or sections 245.010 to 245.280, RSMo, shall have five years after the lapse of the corporate charter in which to reinstate and extend the time of the corporate existence by the circuit court having jurisdiction, and such circuit court judgment entry and order shall be deemed to have fully complied with all provisions of law relating to such extensions.

            Section B. Because immediate action is necessary to ensure continuation of services in a drainage or levee district after corporate dissolution, section A of this act is deemed necessary, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.