3849S.05F
1
SENATE SUBSTITUTE
FOR
HOUSE COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1662
AN ACT
To repeal sections 442.403, 442.404, and 478.240,
RSMo, and to enact in lieu thereof eleven new sections
relating to restrictions on real property, with an
effective date for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 442.403, 442.404, and 478.240, RSMo, 1
are repealed and eleven new sections enacted in lieu thereof, 2
to be known as sections 64.008, 65.710, 67.137, 71.990, 89.500, 3
260.295, 442.403, 442.404, 476.095, 478.240, and 535.067, to 4
read as follows:5
64.008. 1. As used in this section, the term "home - 1
based work" means any lawful occupation performed by a 2
resident within a residential home or accessory structure, 3
which is clearly incidental and secondary to the use of the 4
dwelling unit for residential purposes and does not change 5
the residential character of the residential building or 6
adversely affect the character of the surrounding 7
neighborhood. 8
2. A zoning ordinance or regulation adopted pursuant 9
to this chapter that regulates home-based work shall not: 10
(1) Prohibit mail order or telephone sales for home - 11
based work; 12
(2) Prohibit service by appointment within the home or 13
accessory structure; 14
(3) Prohibit or require structural modifications to 15
the home or accessory structure; 16
2
(4) Restrict the hours of operation for home -based 17
work; or 18
(5) Restrict storage or the use of equipment that does 19
not produce effects outside the home or accessory structure. 20
3. A zoning ordinance or regulati on adopted pursuant 21
to this chapter that regulates home -based work shall not 22
contain provisions that explicitly restrict or prohibit a 23
particular occupation. 24
4. The application of this section does not supersede 25
any deed restriction, covenant, or agreement restricting the 26
use of land nor any master deed, by law or other document 27
applicable to a common interest ownership community. 28
65.710. 1. As used in this section, the term "home - 1
based work" means any lawful occupation p erformed by a 2
resident within a residential home or accessory structure, 3
which is clearly incidental and secondary to the use of the 4
dwelling unit for residential purposes and does not change 5
the residential character of the residential building or 6
adversely affect the character of the surrounding 7
neighborhood. 8
2. A zoning ordinance or regulation adopted pursuant 9
to this chapter that regulates home -based work shall not: 10
(1) Prohibit mail order or telephone sales for home - 11
based work; 12
(2) Prohibit service by appointment within the home or 13
accessory structure; 14
(3) Prohibit or require structural modifications to 15
the home or accessory structure; 16
(4) Restrict the hours of operation for home -based 17
work; or 18
(5) Restrict storage or the use of equipment that does 19
not produce effects outside the home or accessory structure. 20
3
3. A zoning ordinance or regulation adopted pursuant 21
to this chapter that regulates home -based work shall not 22
contain provisions that explicitl y restrict or prohibit a 23
particular occupation. 24
4. The application of this section does not supersede 25
any deed restriction, covenant, or agreement restricting the 26
use of land nor any master deed, by law or other document 27
applicable to a common in terest ownership community. 28
67.137. No county, city, town, or village in this 1
state shall impose or enforce a moratorium on eviction 2
proceedings unless specifically authorized by the laws of 3
this state. 4
71.990. 1. As used in this section, the following 1
terms mean: 2
(1) "Goods", any merchandise, equipment, products, 3
supplies, or materials; 4
(2) "Home-based business", any business operated in a 5
residential dwelling that manufactures, provides, or se lls 6
goods or services and that is owned and operated by the 7
owner or tenant of the residential dwelling. 8
2. Any person who resides in a residential dwelling 9
may use the residential dwelling for a home -based business 10
unless such use is restricted by: 11
(1) Any deed restriction, covenant, or agreement 12
restricting the use of land; or 13
(2) Any master deed, bylaw, or other document 14
applicable to a common -interest ownership community. 15
3. Except as prescribed under subsection 4 of this 16
section, a political subdivision shall not prohibit the 17
operation of a no-impact, home-based business or otherwise 18
require a person to apply for, register for, or obtain any 19
permit, license, variance, or other type of prior approval 20
from the political subdivision to operate a no -impact, home- 21
4
based business. For the purposes of this section, a home - 22
based business qualifies as a no -impact, home-based business 23
if: 24
(1) The total number of employees and clients on -site 25
at one time does not exceed the occupancy limit for the 26
residential dwelling; and 27
(2) The activities of the business: 28
(a) Are limited to the sale of lawful goods and 29
services; 30
(b) May involve having more than one client on the 31
property at one time; 32
(c) Do not cause a substantial increase in traffic 33
through the residential area; 34
(d) Do not violate any parking regulations established 35
by the political subdivision; 36
(e) Occur inside the residential dwelling or in the 37
yard of the residential dwellin g; 38
(f) Are not visible from the street; and 39
(g) Do not violate any narrowly tailored regulation 40
established under subsection 4 of this section. 41
4. A political subdivision may establish reasonable 42
regulations on a home -based business if the regulations are 43
narrowly tailored for the purpose of: 44
(1) Protecting the public health and safety, including 45
regulations related to fire and building codes, health and 46
sanitation, transportation or traffic control, solid or 47
hazardous waste, pollution, and noise control; or 48
(2) Ensuring that the business activity is compliant 49
with state and federal law and paying applicable taxes. 50
5. No political subdivision shall require a person, as 51
a condition of operating a home -based business, to: 52
(1) Rezone the property for commercial use; 53
(2) Obtain a home-based business license; or 54
5
(3) Install or equip fire sprinklers in a single - 55
family detached residential dwelling or any residential 56
dwelling with no more than two dwell ing units. 57
6. Whether a regulation complies with this section is 58
a judicial question. 59
89.500. 1. As used in this section, the term "home - 1
based work" means any lawful occupation performed by a 2
resident within a residential ho me or accessory structure, 3
which is clearly incidental and secondary to the use of the 4
dwelling unit for residential purposes and does not change 5
the residential character of the residential building or 6
adversely affect the character of the surrounding 7
neighborhood. 8
2. A zoning ordinance or regulation adopted pursuant 9
to this chapter that regulates home -based work shall not: 10
(1) Prohibit mail order or telephone sales for home - 11
based work; 12
(2) Prohibit service by appointment within th e home or 13
accessory structure; 14
(3) Prohibit or require structural modifications to 15
the home or accessory structure; 16
(4) Restrict the hours of operation for home -based 17
work; or 18
(5) Restrict storage or the use of equipment that does 19
not produce effects outside the home or accessory structure. 20
3. A zoning ordinance or regulation adopted pursuant 21
to this chapter that regulates home -based work shall not 22
contain provisions that explicitly restrict or prohibit a 23
particular occupation . 24
4. The application of this section does not supersede 25
any deed restriction, covenant, or agreement restricting the 26
use of land nor any master deed, by law or other document 27
applicable to a common interest ownership community. 28
6
260.295. No building code adopted by a political 1
subdivision shall prohibit the use of refrigerants that are 2
approved for use under the provisions of 42 U.S.C. Section 3
7671k or the regulations promulgated thereunder, provided 4
any related equipment i s installed in accordance with the 5
provisions of 42 U.S.C. Section 7671k or the regulations 6
promulgated thereunder. Any provision of a building code 7
that violates this section shall be null and void. 8
442.403. 1. Any restrictive covenant recitals on 1
property, real or personal, found in any deeds, plats, 2
restrictions, covenants, or other conveyances of any type or 3
nature, filed for record at any time in the office of the 4
recorder of deeds in any county [, which relate] that relate 5
to the race, color, religion, or national origin of any 6
person[,] shall be void and unenforceable [,] and shall be 7
ignored, as if the same never existed. 8
2. Any person or legal entity with an interest in real 9
property or any agent of such person or entity, shall not 10
incur any liability by reason of the mere existence of a 11
restrictive covenant described in subsection 1 of this 12
section in any document filed for record before May 3, 1948, 13
in any recorder of deeds' office. 14
3. No deed recorded on or after August 28, 2022, shall 15
contain a reference to the specific portion of a restrictive 16
covenant purporting to restrict the ownership or use of the 17
property as prohibited under subsection 1 of this section. 18
A recorder of deeds may refuse to accept any deed submitted 19
for recording that references the specific portion of any 20
such restrictive covenant. The person who prepares or 21
submits a deed for recording has the responsibility of 22
ensuring that the specific portion of such a restrictive 23
covenant is not specifically referenced in the deed prior to 24
such deed being submitted for recording. A deed may include 25
7
a general provision that states that such deed is subject to 26
any and all covenants and restrictions of record; however, 27
such provision shall not apply to the specific portion of a 28
restrictive covenant purporting to restrict the ownership or 29
use of the property as prohibited under subsection 1 of this 30
section. Any deed that is recorded after August 27, 2022, 31
that mistakenly cont ains such a restrictive covenant shall 32
nevertheless constitute a valid transfer of real property. 33
4. Any restrictive covenant prohibited under 34
subsection 1 of this section may be released by the owner of 35
real property subject to such covenant by r ecording a 36
certificate of release of prohibited covenants. The real 37
property owner may record a certificate either prior to 38
recording of a deed conveying real property to a purchaser 39
or when such real property owner discovers that such 40
prohibited covenant exists and chooses to affirmatively 41
release the same. A certificate may be prepared without 42
assistance of an attorney but shall conform substantially to 43
the following certificate of release of prohibited covenants 44
form: 45
46 Certificate of Release of Prohibited Covenants
47 Place of record: ____________________
48
49
Date of instrument containing prohibited
covenant(s): ______
50 Instrument type: _________________________
51
52
Deed book ______ page ____ or plat book _______
page_____
53 Name(s) of grantor(s): ________________
54 Name(s) of current owner(s): ________________
55 Real property description: ______________________
56
57
58
Specific description of prohibited covenant,
including a citation to the location within the
instrument: ______________________
8
442.404. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Homeowners' association", a nonprofit corporation 3
or unincorporated association of homeowners created under a 4
declaration to own and operate portions of a planned 5
community or other residential subdivision that has the 6
power under the declaration to assess association members to 7
pay the costs and expenses incurred in the performance of 8
the association's obligations under the declaration or 9
tenants-in-common with respect to the ownership of common 10
ground or amenities of a planned community or other 11
residential subdivision. This term shall not include a 12
condominium unit owners' association as defined and provided 13
59
60
61
62
63
The covenant contained in the above -mentioned
instrument is released from the above -described
real property to the extent that it contains terms
purporting to restrict the ownership or use of the
property as prohibited by 442.403, RSMo.
64
65
The undersigned (is/are) the legal owner(s) of the
property described herein.
66
67
Given under my/our hand(s) this ________ day of
________, 20__.
68 ________________
69 ________________
70 (Current owners)
71 (County/city) of ____________.
72 State of Missouri
73
74
Subscribed and sworn to before me this ________
day of ________, 20__.
75 ________________
76 Notary public
77 My commission expires: ____________
9
for in subdivision (3) of section 448 .1-103 or a residential 14
cooperative; 15
(2) "Political signs", any fixed, ground -mounted 16
display in support of or in opposition to a person seeking 17
elected office or a ballot measure excluding any materials 18
that may be attached ; 19
(3) "Solar panel or solar collector", a device used to 20
collect and convert solar energy into electricity or thermal 21
energy, including but not limited to photovoltaic cells or 22
panels, or solar thermal systems . 23
2. (1) No deed restrictions, covenants, or similar 24
binding agreements running with the land shall prohibit or 25
have the effect of prohibiting the display of political 26
signs. 27
[3.] (2) A homeowners' association has the authority 28
to adopt reasonable rules, subject to any applicable 29
statutes or ordinances, regarding the time, size, place, 30
number, and manner of display of political signs. 31
[4.] (3) A homeowners' association may remove a 32
political sign without liability if such sign is placed 33
within the common ground, threatens the public health or 34
safety, violates an applicable statute or ordinance, is 35
accompanied by sound or music, or if any other materials are 36
attached to the political sign. Subject to the foregoing, a 37
homeowners' association shall not remove a political sign 38
from the property of a homeowner or impose any fine or 39
penalty upon the homeowner unless it has given such 40
homeowner three days after providing written notice to the 41
homeowner, which notice shall specifically identify the rule 42
and the nature of the violation. 43
3. (1) No deed restrictions, covenants, or similar 44
binding agreements running with the land shall limit or 45
prohibit, or have the effect of limiting or prohibiting, the 46
10
installation of solar panels or solar collectors on the 47
rooftop of any property or structure. 48
(2) A homeowners' association may adopt reasonable 49
rules, subject to any applicable statutes or ordinances, 50
regarding the placement of solar panels or solar collectors 51
to the extent that those rules do not prevent the 52
installation of the device, impair the functioning of the 53
device, restrict the use of the device, or adversely affect 54
the cost or efficiency of the device. 55
(3) The provisions of this subsection shall apply only 56
with regard to rooftops that are owned, controlled , and 57
maintained by the owner of the individual property or 58
structure. 59
4. (1) No deed restrictions, covenants, or similar 60
binding agreements running with the land shall prohibit or 61
have the effect of prohibiting the display of sale signs on 62
the property of a homeowner or property owner including, but 63
not limited to, any yard on the property, or nearby street 64
corners. 65
(2) A homeowners' association has the authority to 66
adopt reasonable rules, subject to any applicable statutes 67
or ordinances, regarding the time, size, place, number, and 68
manner of display of sale signs. 69
(3) A homeowners' association may remove a sale sign 70
without liability if such sign is placed within the common 71
ground, threatens the public health or safety, viola tes an 72
applicable statute or ordinance, is accompanied by sound or 73
music, or if any other materials are attached to the sale 74
sign. Subject to the foregoing, a homeowners' association 75
shall not remove a sale sign from the property of a 76
homeowner or property owner or impose any fine or penalty 77
upon the homeowner or property owner unless it has given 78
such homeowner or property owner three business days after 79
11
the homeowner or property owner receives written notice from 80
the homeowners' association, whi ch notice shall specifically 81
identify the rule and the nature of the alleged violation. 82
476.095. No court shall impose or enforce a moratorium 1
on eviction proceedings unless specifically authorized by 2
the laws of this state. 3
478.240. 1. The presiding judge of each circuit which 1
is provided by Subsection 3 of Section 15 of Article V of 2
the Constitution shall be selected for a two -year term. The 3
circuit and associate circuit judges in each circuit sha ll 4
select by secret ballot a circuit judge from their number to 5
serve as presiding judge. Selection and removal procedures, 6
not inconsistent with the rules of the supreme court, may be 7
provided by local court rule. If a presiding judge is 8
disqualified from acting as a judicial officer pursuant to 9
the Constitution, Article V, Section 24, the circuit judges 10
and associate circuit judges of the circuit shall select a 11
circuit judge as presiding judge. If the circuit does not 12
have an eligible judge to be elected presiding judge, then 13
the chief justice of the supreme court may designate an 14
acting presiding judge until a successor is chosen or until 15
the disability of the presiding judge terminates. 16
2. Subject to the authority of the supreme cour t and 17
the chief justice under Article V of the Constitution, the 18
presiding judge of the circuit shall have general 19
administrative authority over all judicial personnel and 20
court officials in the circuit, including the authority to 21
assign any judicial or court personnel anywhere in the 22
circuit, and shall have the authority to assign judges to 23
hear such cases or classes of cases as the presiding judge 24
may designate, and to assign judges to divisions. Such 25
assignment authority shall include the autho rity to 26
authorize particular associate circuit judges to hear and 27
12
determine cases or classes of cases. By this subsection the 28
presiding judge shall not, however, be authorized to make 29
the following assignments: 30
(1) Assignment of a municipal judg e to hear any case 31
other than to initially hear a municipal ordinance violation 32
case of the municipality which makes provision for such 33
municipal judge, except that the presiding judge of a 34
circuit may assign a municipal judge of a municipality 35
within the circuit to hear and determine municipal ordinance 36
violations in a court of another municipality within the 37
circuit if the municipality to which the judge is especially 38
assigned by the presiding judge has made provision for the 39
compensation of such judge; 40
(2) Assignment of a judge to hear the trial of a 41
felony case when he or she has previously conducted the 42
preliminary hearing in that case, unless the defendant has 43
signed a written waiver permitting the same judge to hear 44
both the preliminary hearing and the trial, or unless the 45
defendant has indicated on the record that the defendant is 46
permitting the same judge to hear both the preliminary 47
hearing and the trial; 48
(3) Assignment of a case to a judge contrary to 49
provisions of supreme court rules or local circuit court 50
rules; and 51
(4) Assignment of a case or class of cases not within 52
the class of cases specified in section 472.020 to a circuit 53
judge who is also judge of the probate division and who was 54
on January 1, 1979, a probate judge shall only be with the 55
consent of such judge of the probate division. 56
The general administrative authority of the presiding judge 57
of the circuit as provided in this subsection shall not 58
include authority to impose or enforce a moratorium on 59
eviction proceedings. 60
13
3. If any circuit judge or associate circuit judge 61
shall proceed to hear and determine any case or class of 62
cases which has not been assigned to him or her by the 63
presiding judge pursuant to subsection 1 or 2 of this 64
section, or to which he or she had not been transferred by 65
the chief justice of the supreme court, or in the event the 66
purported assignment to him or her shall be determined to be 67
defective or deficient in any manner, any order or judgment 68
he or she may have entered may be set aside, as otherwise 69
provided by rule or by law, and the judge may be subject to 70
discipline under Article V, Section 24 of the Missouri 71
Constitution, but he or she shall not be deemed to have 72
acted other than as a judicial officer because of any such 73
absence, defect or deficiency of assignment under this 74
section, or transfer by the chief justice. 75
535.067. All transfers of title of real property for 1
rental properties with outstanding collectible judgments 2
shall be filed in the circuit court within thirty days after 3
transfer of title. 4
Section B. The repeal and reenactment of section 1
442.404 of this act shall become effective January 1, 2023. 2