EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 199
103RD GENERAL ASSEMBLY
0316S.07C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 8.690, 50.800, 50.810, 64.231, 67.399, 67.453, 67.547, 67.582, 67.1367,
67.1461, 67.2500, 67.5050, 67.5060, 82.1025, 82.1026, 82.1027, 82.1031, 94.900,
107.170, 137.115, 137.1050, 140.984, 144.757, 182.645, 221.105, 221.400, 221.402,
221.405, 221.407, 221.410, 238.060, 321.552, 483.083, and 513.455, RSMo, and
section 50.327 as enacted by house bill no. 1606, one hundred first general assembly,
second regular session, section 50.327 as enacted by house bill no. 271 merged with
senate bills nos. 53 & 60, one hundred first general assembly, first regular session,
section 50.815 as enacted by house bill no. 1606, one hundred first general assembly,
second regular session, section 50.815 as enacted by house bill no. 669, seventy-
seventh general assembly, first regular session, section 50.820 as enacted by house bill
no. 1606, one hundred first general assembly, second regular session, section 50.820
as enacted by house bill no. 669, seventy-seventh general assembly, first regular
session, section 55.160 as enacted by house bill no. 1606, one hundred first general
assembly, second regular session, section 55.160 as enacted by house bill no. 58
merged with senate bill no. 210 merged with senate bill no. 507, ninety-third general
assembly, first regular session, section 57.317 as enacted by house bill no. 1606, one
hundred first general assembly, second regular session, section 57.317 as enacted by
senate bills nos. 53 & 60, one hundred first general assembly, first regular session,
section 58.095 as enacted by house bill no. 1606, one hundred first general assembly,
second regular session, section 58.095 as enacted by house bill no. 2046, one hundredth
general assembly, second regular session, section 58.200 as enacted by house bill no.
1606, one hundred first general assembly, second regular session, section 58.200 as
codified as section 13145 in the 1939 revised statutes of Missouri, section 67.1421 as
enacted by house bill no. 1606, one hundred first general assembly, second regular SCS HB 199 2
session, section 67.1421 as enacted by senate bills nos. 153 & 97, one hundred first
general assembly, first regular session, section 105.145 as enacted by house bill no.
1606, one hundred first general assembly, second regular session, section 105.145 as
enacted by senate bill no. 112, ninety -ninth general assembly, first regular session,
section 473.742 as enacted by house bill no. 1606, one hundred first general assembly,
second regular session, and section 473.742 as enacted by senate bill no. 808, ninety-
fifth general assembly, second regular session, and to enact in lieu thereof fifty new
sections relating to political subdivisions, with penalty provisions and an emergency
clause for certain sections and an effective date for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 8.690, 50.800, 50.810, 64.231, 1
67.399, 67.453, 67.547, 67.582, 67.1367, 67.1461, 67.2500, 2
67.5050, 67.5060, 82.1025, 82.1026, 82.1027, 82.1031, 94.900, 3
107.170, 137.115, 137.1050, 140.984, 144.757, 182.645, 221.105, 4
221.400, 221.402, 221.405, 221.407, 221.410, 238.060, 321.552, 5
483.083, and 513.455, RSMo, and section 50.327 as enacted by 6
house bill no. 1606, one hundred first general assembly, second 7
regular session, section 50.327 as enacted by house bill no. 8
271 merged with senate bills nos. 53 & 60, one hundred first 9
general assembly, first regular session, section 50.815 as 10
enacted by house bill no. 1606, one hundred first general 11
assembly, second regular session, section 50.815 as enacted by 12
house bill no. 669, seventy-seventh general assembly, first 13
regular session, section 50.820 as enacted by house bill no. 14
1606, one hundred first general assembly, second regular 15
session, section 50.820 as enacted by house bill no. 669, 16
seventy-seventh general assembly, first regular session, 17
section 55.160 as enacted by house bill no. 1606, one hundred 18
first general assembly, second regular session, section 55.160 19
as enacted by house bill no. 58 merged with senate bill no. 210 20
merged with senate bill no. 507, ninety-third general assembly, 21 SCS HB 199 3
first regular session, section 57.317 as enacted by house bill 22
no. 1606, one hundred first general assembly, second regular 23
session, section 57.317 as enacted by senate bills nos. 53 & 24
60, one hundred first general assembly, first regular session, 25
section 58.095 as enacted by house bill no. 1606, one hundred 26
first general assembly, second regular session, section 58.095 27
as enacted by house bill no. 2046, one hundredth general 28
assembly, second regular session, section 58.200 as enacted by 29
house bill no. 1606, one hundred first general assembly, second 30
regular session, section 58.200 as codified as section 13145 in 31
the 1939 revised statutes of Missouri, section 67.1421 as 32
enacted by house bill no. 1606, one hundred first general 33
assembly, second regular session, section 67.1421 as enacted by 34
senate bills nos. 153 & 97, one hundred first general assembly, 35
first regular session, section 105.145 as enacted by house bill 36
no. 1606, one hundred first general assembly, second regular 37
session, section 105.145 as enacted by senate bill no. 112, 38
ninety-ninth general assembly, first regular session, section 39
473.742 as enacted by house bill no. 1606, one hundred first 40
general assembly, second regular session, and section 473.742 41
as enacted by senate bill no. 808, ninety-fifth general 42
assembly, second regular session, are repealed and fifty new 43
sections enacted in lieu thereof, to be known as sections 8.690, 44
50.327, 50.815, 50.820, 55.160, 57.317, 58.095, 58.200, 64.231, 45
67.399, 67.452, 67.453, 67.547, 67.582, 67.597, 67.646, 46
67.1157, 67.1367, 67.1421, 67.1461, 67.1505, 67.2500, 67.5050, 47
67.5060, 79.235, 82.1025, 82.1026, 82.1027, 82.1031, 94.900, 48
105.145, 107.170, 137.115, 137.1050, 140.984, 144.757, 182.645, 49
221.400, 221.402, 221.405, 221.407, 221.410, 238.060, 311.084, 50
321.552, 321.905, 473.742, 483.083, 513.455, and 550.320, to 51
read as follows:52 SCS HB 199 4
8.690. 1. The office of administration shall have the 1
authority to utilize: 2
(1) The construction manager-at-risk delivery method, 3
as provided for in section 67.5050; and 4
(2) The design-build delivery method, as provided for 5
in section 67.5060, only as follows: 6
(a) For noncivil works projects, as that term is used 7
in section 67.5060, in excess of seven million dollars; and 8
(b) No more than five noncivil works projects, as that 9
term is used in section 67.5060, may be contracted for in 10
any fiscal year that are less than seven million dollars. 11
2. [The office of administration shall not be subject 12
to subsection 15 of section 67.5050 and subsection 22 of 13
section 67.5060 in executing contracts pursuant to this 14
section. 15
3.] The office of administration shall not be subject 16
to subsection 4 of section 67.5060. The office of 17
administration shall publish its advertisement for proposals 18
in the publications, and on the website of the officer or 19
agency or through an electronic procurement system as set 20
forth in subsection 3 of section 8.250. The selection and 21
award shall follow sections 67.5050 and 67.5060, as 22
applicable. 23
[50.327. 1. Notwithstanding any other 1
provisions of law to the contrary, the salary 2
schedules contained in sections 49.082, 50.334, 3
50.343, 51.281, 51.282, 52.269, 53.082, 53.083, 4
54.261, 54.320, 55.091, 56.265, 58.095, and 5
473.742 shall be set as a base schedule for 6
those county officials. Except when it is 7
necessary to increase newly elected or reelected 8
county officials' salaries, in accordance with 9
Section 13, Article VII, Constitution of 10
Missouri, to comply with the requirements of 11
this section, the salary commission in all 12 SCS HB 199 5
counties except charter counties in this state 13
shall be responsible for the computation of 14
salaries of all county officials; provided, 15
however, that any percentage salary adjustments 16
in a county shall be equal for all such 17
officials in that county. 18
2. Upon majority approval of the salary 19
commission, the annual compensation of part-time 20
prosecutors contained in section 56.265 and the 21
county offices contained in sections 49.082, 22
50.334, 50.343, 51.281, 51.282, 52.269, 53.082, 23
53.083, 54.261, 54.320, 55.091, 58.095, and 24
473.742 may be increased by up to two thousand 25
dollars greater than the compensation provided 26
by the salary schedules; provided, however, that 27
any vote to increase compensation be effective 28
for all county offices in that county subject to 29
the salary commission. 30
3. Upon the majority approval of the 31
salary commission, the annual compensation of a 32
county coroner of any county not having a 33
charter form of government as provided in 34
section 58.095 may be increased up to fourteen 35
thousand dollars greater than the compensation 36
provided by the salary schedule of such section. 37
4. The salary commission of any county of 38
the third classification may amend the base 39
schedules for the computation of salaries for 40
county officials referenced in subsection 1 of 41
this section to include assessed valuation 42
factors in excess of three hundred million 43
dollars; provided that the percentage of any 44
adjustments in assessed valuation factors shall 45
be equal for all such officials in that county.] 46
50.327. 1. Notwithstanding any other provisions of 1
law to the contrary, the salary schedules contained in 2
sections 49.082, 50.334, 50.343, 51.281, 51.282, 52.269, 3
53.082, 53.083, 54.261, 54.320, 55.091, 56.265, 58.095, and 4
473.742 shall be set as a base schedule for those county 5
officials. Except when it is necessary to increase newly 6
elected or reelected county officials' salaries, in 7 SCS HB 199 6
accordance with Section 13, Article VII, Constitution of 8
Missouri, to comply with the requirements of this section, 9
the salary commission in all counties except charter 10
counties in this state shall be responsible for the 11
computation of salaries of all county officials; provided, 12
however, that any percentage salary adjustments in a county 13
shall be equal for all such officials in that county. 14
2. Upon majority approval of the salary commission, 15
the annual compensation of part-time prosecutors contained 16
in section 56.265 and the county offices contained in 17
sections 49.082, 50.334, 50.343, 51.281, 51.282, 52.269, 18
53.082, 53.083, 54.261, 54.320, 55.091, 58.095, and 473.742 19
may be increased by up to two thousand dollars greater than 20
the compensation provided by the salary schedules; provided, 21
however, that any vote to increase compensation be effective 22
for all county offices in that county subject to the salary 23
commission. 24
3. Upon the majority approval of the salary commission, 25
the annual compensation of a county coroner of any county 26
[of the second classification] not having a charter form of 27
government as provided in section 58.095 may be increased up 28
to fourteen thousand dollars greater than the compensation 29
provided by the salary schedule of such section. 30
4. The salary commission of any county of the third 31
classification may amend the base schedules for the 32
computation of salaries for county officials referenced in 33
subsection 1 of this section to include assessed valuation 34
factors in excess of three hundred million dollars; provided 35
that the percentage of any adjustments in assessed valuation 36
factors shall be equal for all such officials in that county. 37
[50.815. 1. On or before June thirtieth 1
of each year, the county commission of each 2 SCS HB 199 7
county of the first, second, third, or fourth 3
classification shall, with the assistance of the 4
county clerk or other officer responsible for 5
the preparation of the financial statement, 6
prepare and publish in some newspaper of general 7
circulation published in the county, as provided 8
under section 493.050, a financial statement of 9
the county for the year ending the preceding 10
December thirty-first. 11
2. The financial statement shall show at 12
least the following: 13
(1) A summary of the receipts of each fund 14
of the county for the year; 15
(2) A summary of the disbursements and 16
transfers of each fund of the county for the 17
year; 18
(3) A statement of the cash balance at the 19
beginning and at the end of the year for each 20
fund of the county; 21
(4) A summary of delinquent taxes and 22
other due bills for each fund of the county; 23
(5) A summary of warrants of each fund of 24
the county outstanding at the end of the year; 25
(6) A statement of bonded indebtedness, if 26
any, at the beginning and at the end of the year 27
for each fund of the county; 28
(7) A statement of the tax levies of each 29
fund of the county for the year; and 30
(8) The name, office, and current gross 31
annual salary of each elected or appointed 32
county official. 33
3. The financial statement need not show 34
specific disbursements, warrants issued, or the 35
names of specific payees except to comply with 36
subdivision (8) of subsection 2 of this section, 37
but every individual warrant, voucher, receipt, 38
court order and all other items, records, 39
documents and other information which are not 40
specifically required to be retained by the 41
officer having initial charge thereof shall be 42
filed on or before the date of publication of 43
the financial statement prescribed by subsection 44
1 of this section in the office of the county 45
clerk. The county clerk or other officer 46 SCS HB 199 8
responsible for the preparation of the financial 47
statement shall preserve the same, shall provide 48
an electronic copy of the data used to create 49
the financial statement without charge to any 50
newspaper requesting a copy of such data, and 51
shall cause the same to be available for 52
inspection during normal business hours on the 53
request of any person, for a period of five 54
years following the date of filing in his or her 55
office, after which five-year period these 56
records may be disposed of according to law 57
unless they are the subject of a legal suit 58
pending at the expiration of that period. 59
4. At the end of the financial statement, 60
each commissioner of the county commission and 61
the county clerk shall sign and append the 62
following certificate: 63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
We, _________ , _________ , and _________ ,
duly elected commissioners of the county
commission of _________ County, Missouri,
and I, _________ _________ , county clerk of
that county, certify that the above and
foregoing is a complete and correct statement
of every item of information required in
section 50.815 for the year ending December
31, 20_________ , and we have checked every
receipt from every source and every
disbursement of every kind and to whom an d
for what each disbursement was made, and each
receipt and disbursement is accurately
included in the above and foregoing totals.
(If for any reason complete and accurate
information is not given the following shall
be added to the certificate.) Exception s: the
above report is incomplete because proper
information was not available in the
following records _________ which are in the
keeping of the following officer or officers
_________ .
86 Date _________
87 __________________
88 __________________ SCS HB 199 9
5. Any person falsely certifying to any 93
fact covered by the certificate is liable on his 94
or her bond and is guilty of a misdemeanor and, 95
on conviction thereof, shall be punished by a 96
fine of not less than two hundred dollars or 97
more than one thousand dollars, or by 98
confinement in the county jail for a period of 99
not less than thirty days nor more than six 100
months, or by both such fine and confinement. 101
Any person charged with preparing the financial 102
report who willfully or knowingly makes a false 103
report of any record is, in addition to the 104
penalties otherwise provided for in this 105
section, guilty of a felony, and upon conviction 106
thereof shall be sentenced to imprisonment by 107
the department of corrections for a term of not 108
less than two years nor more than five years.] 109
50.815. 1. On or before [the first Monday in March] 1
June thirtieth of each year, the county commission of each 2
county of the first [class not having a charter form of 3
government], second, third, or fourth classification shall, 4
with the assistance of the county clerk or other officer 5
responsible for the preparation of the financial statement, 6
prepare and publish in some newspaper of general circulation 7
published in the county, as provided under section 493.050, 8
a financial statement of the county for the year ending the 9
preceding December thirty-first. 10
2. The financial statement shall show at least the 11
following: 12
(1) A summary of the receipts of each fund of the 13
county for the year; 14
89 __________________
90 Commissioners, County Commission
91 __________________
92 County Clerk SCS HB 199 10
(2) A summary of the disbursements and transfers of 15
each fund of the county for the year; 16
(3) A statement of the cash balance at the beginning 17
and at the end of the year for each fund of the county; 18
(4) A summary of delinquent taxes and other due bills 19
for each fund of the county; 20
(5) A summary of warrants of each fund of the county 21
outstanding at the end of the year; 22
(6) A statement of bonded indebtedness, if any, at the 23
beginning and at the end of the year for each fund of the 24
county; [and] 25
(7) A statement of the tax levies of each fund of the 26
county for the year; and 27
(8) The name, office, and current gross annual salary 28
of each elected or appointed county official. 29
3. The financial statement need not show specific 30
disbursements, warrants issued, or the names of specific 31
payees except to comply with subdivision (8) of subsection 2 32
of this section, but every individual warrant, voucher, 33
receipt, court order and all other items, records, documents 34
and other information which are not specifically required to 35
be retained by the officer having initial charge thereof 36
[and which would be required to be included in or to 37
construct a financial statement in the form prescribed for 38
other counties by section 50.800] shall be filed on or 39
before the date of publication of the financial statement 40
prescribed by subsection 1 of this section in the office of 41
the county clerk[, and]. The county clerk or other officer 42
responsible for the preparation of the financial statement 43
shall preserve the same, shall provide an electronic copy of 44
the data used to create the financial statement without 45
charge to any newspaper requesting a copy of such data, and 46 SCS HB 199 11
shall cause the same to be available for inspection during 47
normal business hours on the request of any person, for a 48
period of five years following the date of filing in his or 49
her office, after which five-year period these records may 50
be disposed of according to law unless they are the subject 51
of a legal suit pending at the expiration of that period. 52
4. At the end of the financial statement, each 53
commissioner of the county commission and the county clerk 54
shall sign and append the following certificate: 55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
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We, _________ , _________ , and _________ , duly
elected commissioners of the county commission of
_________ County, Missouri, and I,
_________ _________ , county clerk of that county,
certify that the above and foregoing is a
complete and correct statement of every item of
information required in section 50.815 for the
year ending December 31, [19] 20_________ , and we
have checked every receipt from every source and
every disbursement of every kind and to whom and
for what each disbursement was made, and each
receipt and disbursement is accurately included
in the above and foregoing totals. (If for any
reason complete and accurate information is not
given the following shall be added to the
certificate.) Exceptions: the a bove report is
incomplete because proper information was not
available in the following records _________
which are in the keeping of the following officer
or officers _________ .
76 Date _________
77 __________________
78 __________________
79 __________________
80 Commissioners, County Commission
81 __________________ SCS HB 199 12
5. Any person falsely certifying to any fact covered 83
by the certificate is liable on his or her bond and is 84
guilty of a misdemeanor and, on conviction thereof, shall be 85
punished by a fine of not less than two hundred dollars or 86
more than one thousand dollars, or by confinement in the 87
county jail for a period of not less than thirty days nor 88
more than six months, or by both such fine and confinement. 89
Any person charged with preparing the financial report who 90
willfully or knowingly makes a false report of any record 91
is, in addition to the penalties otherwise provided for in 92
this section, guilty of a felony, and upon conviction 93
thereof shall be sentenced to imprisonment by the division 94
of corrections for a term of not less than two years nor 95
more than five years. 96
[6. The provisions of sections 50.800 and 50.810 do 97
not apply to counties of the first class not having a 98
charter form of government, except as provided in subsection 99
3 of this section.] 100
[50.820. 1. The statement required by 1
section 50.815 shall be set in the standard 2
column width measure which will take the least 3
space and the publisher shall file two proofs of 4
publication with the county commission and the 5
commission shall forward one proof to the state 6
auditor and shall file the other in the office 7
of the commission. As required under section 8
493.025, a newspaper publishing the statement 9
shall charge and receive no more than its 10
regular local classified advertising rate, which 11
shall be the rate on the newspaper's rate 12
schedule that was offered to the public thirty 13
days before the publication of the statement. 14
The county commission shall pay the publisher 15
upon the filing of proof of publication with the 16
82 County Clerk SCS HB 199 13
commission. After verification, the state 17
auditor shall notify the commission that proof 18
of publication has been received and that it 19
complies with the requirements of this section. 20
2. The statement shall be spread on the 21
record of the commission and for this purpose 22
the publisher shall be required to furnish the 23
commission with at least two copies of the 24
statement which may be placed in the record. 25
3. The state auditor shall notify the 26
county treasurer immediately of the receipt of 27
the proof of publication of the statement. 28
After the first day of July of each year the 29
county treasurer shall not pay or enter for 30
protest any warrant for the pay of any of the 31
county commission until notice is received from 32
the state auditor that the required proof of 33
publication has been filed. 34
4. The state auditor shall prepare sample 35
forms for financial statements required by 36
section 50.815 and shall provide the same to the 37
county clerk of each county of the first, 38
second, third, or fourth classification in this 39
state, but failure of the auditor to supply such 40
forms shall not in any way excuse any person 41
from the performance of any duty imposed by this 42
section or by section 50.815. If any county 43
officer fails, neglects, or refuses to comply 44
with the provisions of this section or section 45
50.815, the county officer shall, in addition to 46
other penalties provided by law, be liable on 47
his or her official bond for dereliction of 48
duty.] 49
50.820. 1. The statement required by section 50.815 1
shall be set in the standard column width measure which will 2
take the least space and the publisher shall file two proofs 3
of publication with the county commission and the commission 4
shall forward one proof to the state auditor and shall file 5
the other in the office of the commission. As required 6
under section 493.025, a newspaper publishing the statement 7 SCS HB 199 14
shall charge and receive no more than its regular local 8
classified advertising rate, which shall be the rate on the 9
newspaper's rate schedule that was offered to the public 10
thirty days before the publication of the statement. The 11
county commission shall [not] pay the publisher [until] upon 12
the filing of proof of publication [is filed] with the 13
commission [and]. After verification, the state auditor 14
[notifies] shall notify the commission that proof of 15
publication has been received and that it complies with the 16
requirements of this section. 17
2. The statement shall be spread on the record of the 18
commission and for this purpose the publisher shall be 19
required to furnish the commission with at least two copies 20
of the statement which may be [pasted on] placed in the 21
record. 22
3. The state auditor shall notify the county treasurer 23
immediately of the receipt of the proof of publication of 24
the statement. After the first day of [April] July of each 25
year the county treasurer shall not pay or enter for protest 26
any warrant for the pay of any of the county commission 27
until notice is received from the state auditor that the 28
required proof of publication has been filed. [Any county 29
treasurer paying or entering for protest any warrant for any 30
commissioner of the county commission prior to the receipt 31
of such notice from the state auditor shall be liable 32
therefor on his official bond.] 33
4. The state auditor shall prepare sample forms for 34
financial statements required by section 50.815 and shall 35
[mail] provide the same to the county clerk of each county 36
of the first [class not having a charter form of 37
government], second, third, or fourth classification in this 38
state, but failure of the auditor to supply such forms shall 39 SCS HB 199 15
not in any way excuse any person from the performance of any 40
duty imposed by this section or by section 50.815. If any 41
county officer fails, neglects, or refuses to comply with 42
the provisions of this section or section 50.815 [he], the 43
county officer shall, in addition to other penalties 44
provided by law, be liable on his or her official bond for 45
dereliction of duty. 46
[55.160. The auditor of each county of the 1
first classification not having a charter form 2
of government and of each county of the second 3
classification shall keep an inventory of all 4
county property under the control and management 5
of the various officers and departments and 6
shall annually take an inventory of such 7
property at an original value of one thousand 8
dollars or more showing the amount, location and 9
estimated value thereof. The auditor shall keep 10
accounts of all appropriations and expenditures 11
made by the county commission, and no warrant 12
shall be drawn or obligation incurred without 13
the auditor's certification that an unencumbered 14
balance, sufficient to pay the same, remain in 15
the appropriate account or in the anticipated 16
revenue fund against which such warrant or 17
obligation is to be charged. The auditor shall 18
audit the accounts of all officers of the county 19
annually or upon their retirement from office. 20
The auditor shall audit, examine and adjust all 21
accounts, demands, and claims of every kind and 22
character presented for payment against the 23
county, and shall in the auditor's discretion 24
approve to the county commission of the county 25
all lawful, true, just and legal accounts, 26
demands and claims of every kind and character 27
payable out of the county revenue or out of any 28
county funds before the same shall be allowed 29
and a warrant issued therefor by the 30
commission. Whenever the auditor thinks it 31
necessary to the proper examination of any 32
account, demand or claim, the auditor may 33
examine the parties, witnesses, and others on 34 SCS HB 199 16
oath or affirmation touching any matter or 35
circumstance in the examination of such account, 36
demand or claim before the auditor allows same. 37
The auditor shall not be personally liable for 38
any cost for any proceeding instituted against 39
the auditor in the auditor's official capacity. 40
The auditor shall keep a correct account between 41
the county and all county and township officers, 42
and shall examine all records and settlements 43
made by them for and with the county commission 44
or with each other, and the auditor shall, 45
whenever the auditor desires, have access to all 46
books, county records or papers kept by any 47
county or township officer or road overseer. 48
The auditor shall, during the first four days of 49
each month, strike a balance in the case of each 50
county and township officer, showing the amount 51
of money collected by each, the amount of money 52
due from each to the county, and the amount of 53
money due from any source whatever to such 54
office, and the auditor shall include in such 55
balance any fees that have been returned to the 56
county commission or to the auditor as unpaid 57
and which since having been returned have been 58
collected. Upon request, the auditor shall have 59
access to and the ability to audit and examine 60
claims of every kind and character for which a 61
county officer has a fiduciary duty.] 62
55.160. The auditor of each county of the first 1
classification not having a charter form of government and 2
of each county of the second classification shall keep an 3
inventory of all county property under the control and 4
management of the various officers and departments and shall 5
annually take an inventory of such property at an original 6
value of one thousand dollars or more showing the amount, 7
location and estimated value thereof. The auditor shall 8
keep accounts of all appropriations and expenditures made by 9
the county commission, and no warrant shall be drawn or 10
obligation incurred without the auditor's certification that 11 SCS HB 199 17
an unencumbered balance, sufficient to pay the same, remain 12
in the appropriate account or in the anticipated revenue 13
fund against which such warrant or obligation is to be 14
charged. The auditor shall audit the accounts of all 15
officers of the county annually or upon their retirement 16
from office. The auditor shall audit, examine and adjust 17
all accounts, demands, and claims of every kind and 18
character presented for payment against the county, and 19
shall in the auditor's discretion approve to the county 20
commission of the county all lawful, true, just and legal 21
accounts, demands and claims of every kind and character 22
payable out of the county revenue or out of any county funds 23
before the same shall be allowed and a warrant issued 24
therefor by the commission. Whenever the auditor thinks it 25
necessary to the proper examination of any account, demand 26
or claim, the auditor may examine the parties, witnesses, 27
and others on oath or affirmation touching any matter or 28
circumstance in the examination of such account, demand or 29
claim before the auditor allows same. The auditor shall not 30
be personally liable for any cost for any proceeding 31
instituted against the auditor in the auditor's official 32
capacity. The auditor shall keep a correct account between 33
the county and all county and township officers, and shall 34
examine all records and settlements made by them for and 35
with the county commission or with each other, and the 36
auditor shall, whenever the auditor desires, have access to 37
all books, county records or papers kept by any county or 38
township officer or road overseer. The auditor shall, 39
during the first four days of each month, strike a balance 40
in the case of each county and township officer, showing the 41
amount of money collected by each, the amount of money due 42
from each to the county, and the amount of money due from 43 SCS HB 199 18
any source whatever to such office, and the auditor shall 44
include in such balance any fees that have been returned to 45
the county commission or to the auditor as unpaid and which 46
since having been returned have been collected. Upon 47
request, the auditor shall have access to and the ability to 48
audit and examine claims of every kind and character for 49
which a county officer has a fiduciary duty. 50
[57.317. 1. (1) Except in a noncharter 1
county of the first classification with more 2
than one hundred fifty thousand and less than 3
two hundred thousand inhabitants, the county 4
sheriff in any county of the first or second 5
classification shall receive an annual salary 6
equal to eighty percent of the compensation of 7
an associate circuit judge of the county. 8
(2) The county sheriff in any county of 9
the third or fourth classification shall receive 10
an annual salary computed as the following 11
percentages of the compensation of an associate 12
circuit judge of the county. If there is an 13
increase in salary of less than ten thousand 14
dollars, the increase shall take effect on 15
January 1, 2022. If there is an increase of ten 16
thousand dollars or more, the increase shall be 17
paid over a period of five years in twenty 18
percent increments per year. The assessed 19
valuation factor shall be the amount thereof as 20
shown for the year next preceding the 21
computation. The provisions of this section 22
shall not permit or require a reduction in the 23
amount of compensation being paid for the office 24
of sheriff from the prior year. 25
26 Assessed Valuation Percentage
27 $18,000,000 to 99,999,999 45%
28 100,000,000 to 249,999,999 50%
29 250,000,000 to 449,999,999 55% SCS HB 199 19
2. Two thousand dollars of the salary 32
authorized in this section shall be payable to 33
the sheriff only if the sheriff has completed at 34
least twenty hours of classroom instruction each 35
calendar year relating to the operations of the 36
sheriff's office when approved by a professional 37
association of the county sheriffs of Missouri 38
unless exempted from the training by the 39
professional association. The professional 40
association approving the program shall provide 41
a certificate of completion to each sheriff who 42
completes the training program and shall send a 43
list of certified sheriffs to the treasurer of 44
each county. Expenses incurred for attending 45
the training session may be reimbursed to the 46
county sheriff in the same manner as other 47
expenses as may be appropriated for that purpose. 48
3. The county sheriff in any county other 49
than a charter county shall not receive an 50
annual compensation less than the compensation 51
described under this section.] 52
57.317. 1. (1) Except in a noncharter county of the 1
first classification with more than one hundred fifty 2
thousand and less than two hundred thousand inhabitants, the 3
county sheriff in any county of the first or second 4
classification shall receive an annual salary equal to 5
eighty percent of the compensation of an associate circuit 6
judge of the county. 7
(2) The county sheriff in any county of the third or 8
fourth classification shall receive an annual salary 9
computed as the following percentages of the compensation of 10
an associate circuit judge of the county. If there is an 11
increase in salary of less than ten thousand dollars, the 12
30 450,000,000 to 899,999,999 60%
31 900,000,000 and over 65% SCS HB 199 20
increase shall take effect on January 1, 2022. If there is 13
an increase of ten thousand dollars or more, the increase 14
shall be paid over a period of five years in twenty percent 15
increments per year. The assessed valuation factor shall be 16
the amount thereof as shown for the year next preceding the 17
computation. The provisions of this section shall not 18
permit or require a reduction in the amount of compensation 19
being paid for the office of sheriff from the prior year. 20
2. Two thousand dollars of the salary authorized in 27
this section shall be payable to the sheriff only if the 28
sheriff has completed at least twenty hours of classroom 29
instruction each calendar year relating to the operations of 30
the sheriff's office when approved by a professional 31
association of the county sheriffs of Missouri unless 32
exempted from the training by the professional association. 33
The professional association approving the program shall 34
provide a certificate of completion to each sheriff who 35
completes the training program and shall send a list of 36
certified sheriffs to the treasurer of each county. 37
Expenses incurred for attending the training session may be 38
reimbursed to the county sheriff in the same manner as other 39
expenses as may be appropriated for that purpose. 40
21 Assessed Valuation Percentage
22 $18,000,000 to 99,999,999 45%
23 100,000,000 to 249,999,999 50%
24 250,000,000 to 449,999,999 55%
25 450,000,000 to 899,999,999 60%
26 900,000,000 and over 65% SCS HB 199 21
3. The county sheriff in any county other than a 41
charter county shall not receive an annual compensation less 42
than the compensation described under this section. 43
[58.095. 1. The county coroner in any 1
county not having a charter form of government 2
shall receive an annual salary computed on a 3
basis as set forth in the following schedule as 4
well as any adjustment authorized under 5
subsection 3 of section 50.327. The provisions 6
of this section shall not permit or require a 7
reduction in the amount of compensation being 8
paid for the office of coroner on January 1, 9
1997: 10
2. One thousand dollars of the salary 23
authorized in this section shall be payable to 24
the coroner only if the coroner has completed at 25
least twenty hours of classroom instruction each 26
calendar year as established by the Coroner 27
11 Assessed Valuation Salary
12 $18,000,000 to 40,999,999 $8,000
13 41,000,000 to 53,999,999 8,500
14 54,000,000 to 65,999,999 9,000
15 66,000,000 to 85,999,999 9,500
16 86,000,000 to 99,999,999 10,000
17 100,000,000 to 130,999,999 11,000
18 131,000,000 to 159,999,999 12,000
19 160,000,000 to 189,999,999 13,000
20 190,000,000 to 249,999,999 14,000
21 250,000,000 to 299,999,999 15,000
22 300,000,000 or more 16,000 SCS HB 199 22
Standards and Training Commission unless 28
exempted from the training by the Missouri 29
Coroners' and Medical Examiners' Association for 30
good cause. The Missouri Coroners' and Medical 31
Examiners' Association shall provide a 32
certificate of completion to each coroner who 33
completes the training program and shall send a 34
list of certified coroners to the treasurer of 35
each county and the department of health and 36
senior services. The Coroner Standards and 37
Training Commission may certify training 38
programs that satisfy the requirements of this 39
section in lieu of the training provided by the 40
Missouri Coroners' and Medical Examiners' 41
Association. Certified training completion 42
shall be submitted to the Missouri Coroners' and 43
Medical Examiners' Association which, upon 44
validating the certified training, shall submit 45
the individual's name to the county treasurer 46
and department of health and senior services 47
indicating the individual is compliant with the 48
training requirements. Expenses incurred for 49
attending the training session may be reimbursed 50
to the county coroner in the same manner as 51
other expenses as may be appropriated for that 52
purpose. All elected or appointed coroners, 53
deputy coroners, and assistants to the coroner 54
shall complete the annual training described in 55
this subsection within six months of election or 56
appointment. 57
3. The county coroner in any county not 58
having a charter form of government shall not, 59
except upon two-thirds vote of all the members 60
of the salary commission, receive an annual 61
compensation in an amount less than the total 62
compensation being received for the office of 63
county coroner in the particular county for 64
services rendered or performed on the date the 65
salary commission votes. 66
4. For the term beginning in 1997, the 67
compensation of the coroner, in counties in 68
which the salary commission has not voted to pay 69
one hundred percent of the maximum allowable 70
salary, shall be a percentage of the maximum 71 SCS HB 199 23
allowable salary established by this section. 72
The percentage applied shall be the same 73
percentage of the maximum allowable salary 74
received or allowed, whichever is greater, to 75
the presiding commissioner or sheriff, whichever 76
is greater, of that county for the year 77
beginning January 1, 1997. In those counties in 78
which the salary commission has voted to pay one 79
hundred percent of the maximum allowable salary, 80
the compensation of the coroner shall be based 81
on the maximum allowable salary in effect at 82
each time a coroner's term of office commences 83
following the vote to pay one hundred percent of 84
the maximum allowable compensation. Subsequent 85
compensation shall be determined as provided in 86
section 50.333. 87
5. Effective January 1, 1997, the county 88
coroner in any county not having a charter form 89
of government may, upon the approval of the 90
county commission, receive additional 91
compensation for any month during which 92
investigations or other services are performed 93
for three or more decedents in the same incident 94
during such month. The additional compensation 95
shall be an amount that when added to the 96
regular compensation the sum shall equal the 97
monthly compensation of the county sheriff.] 98
58.095. 1. The county coroner in any county not 1
having a charter form of government shall receive an annual 2
salary computed on a basis as set forth in the following 3
schedule, as well as any adjustment authorized under 4
subsection 3 of section 50.327. The provisions of this 5
section shall not permit or require a reduction in the 6
amount of compensation being paid for the office of coroner 7
on January 1, 1997: 8
9 Assessed Valuation Salary
10 $18,000,000 to 40,999,999 $8,000 SCS HB 199 24
2. One thousand dollars of the salary authorized in 21
this section shall be payable to the coroner only if the 22
coroner has completed at least twenty hours of classroom 23
instruction each calendar year as established by the coroner 24
standards and training commission unless exempted from the 25
training by the Missouri Coroners' and Medical Examiners' 26
Association for good cause. The Missouri Coroners' and 27
Medical Examiners' Association shall provide a certificate 28
of completion to each coroner who completes the training 29
program and shall send a list of certified coroners to the 30
treasurer of each county and the department of health and 31
senior services. The coroner standards and training 32
commission may certify training programs that satisfy the 33
requirements of this section in lieu of the training 34
provided by the Missouri Coroners' and Medical Examiners' 35
Association. Certified training completion shall be 36
submitted to the Missouri Coroners' and Medical Examiners' 37
11 41,000,000 to 53,999,999 8,500
12 54,000,000 to 65,999,999 9,000
13 66,000,000 to 85,999,999 9,500
14 86,000,000 to 99,999,999 10,000
15 100,000,000 to 130,999,999 11,000
16 131,000,000 to 159,999,999 12,000
17 160,000,000 to 189,999,999 13,000
18 190,000,000 to 249,999,999 14,000
19 250,000,000 to 299,999,999 15,000
20 300,000,000 or more 16,000 SCS HB 199 25
Association which, upon validating the certified training, 38
shall submit the individual's name to the county treasurer 39
and department of health and senior services indicating the 40
individual is compliant with the training requirements. 41
Expenses incurred for attending the training session may be 42
reimbursed to the county coroner in the same manner as other 43
expenses as may be appropriated for that purpose. All 44
elected or appointed coroners, deputy coroners, and 45
assistants to the coroner shall complete the annual training 46
described in this subsection within six months of election 47
or appointment. 48
3. The county coroner in any county not having a 49
charter form of government shall not, except upon two-thirds 50
vote of all the members of the salary commission, receive an 51
annual compensation in an amount less than the total 52
compensation being received for the office of county coroner 53
in the particular county for services rendered or performed 54
on the date the salary commission votes. 55
4. For the term beginning in 1997, the compensation of 56
the coroner, in counties in which the salary commission has 57
not voted to pay one hundred percent of the maximum 58
allowable salary, shall be a percentage of the maximum 59
allowable salary established by this section. The 60
percentage applied shall be the same percentage of the 61
maximum allowable salary received or allowed, whichever is 62
greater, to the presiding commissioner or sheriff, whichever 63
is greater, of that county for the year beginning January 1, 64
1997. In those counties in which the salary commission has 65
voted to pay one hundred percent of the maximum allowable 66
salary, the compensation of the coroner shall be based on 67
the maximum allowable salary in effect at each time a 68
coroner's term of office commences following the vote to pay 69 SCS HB 199 26
one hundred percent of the maximum allowable compensation. 70
Subsequent compensation shall be determined as provided in 71
section 50.333. 72
5. Effective January 1, 1997, the county coroner in 73
any county not having a charter form of government may, upon 74
the approval of the county commission, receive additional 75
compensation for any month during which investigations or 76
other services are performed for three or more decedents in 77
the same incident during such month. The additional 78
compensation shall be an amount that when added to the 79
regular compensation the sum shall equal the monthly 80
compensation of the county sheriff. 81
[58.200. When the office of sheriff shall 1
be vacant, by death or otherwise, the coroner of 2
the county is authorized to perform all the 3
duties which are by law required to be performed 4
by the sheriff, until another sheriff for such 5
county shall be appointed and qualified and such 6
coroner shall have notice thereof. In such 7
case, said coroner may appoint one or more 8
deputies, with the approbation of the judge of 9
the circuit court, and every such appointment, 10
with the oath of office endorsed thereon, shall 11
be filed in the office of the clerk of the 12
circuit court of the county. If the coroner 13
becomes the acting sheriff and the sheriff is no 14
longer receiving the sheriff's salary, the 15
coroner may be paid, in addition to the 16
coroner's salary, the difference between the 17
salaries of sheriff and coroner so that the 18
coroner receives the equivalent of the sheriff's 19
salary while serving as acting sheriff.] 20
58.200. When the office of sheriff shall be vacant, by 1
death or otherwise, the coroner of the county is authorized 2
to perform all the duties which are by law required to be 3
performed by the sheriff, until another sheriff for such 4
county shall be appointed and qualified[,] and such coroner 5 SCS HB 199 27
shall have notice thereof[, and]. In such case, said 6
coroner may appoint one or more deputies, with the 7
approbation of the judge of the circuit court; and every 8
such appointment, with the oath of office endorsed thereon, 9
shall be filed in the office of the clerk of the circuit 10
court of the county. If the coroner becomes the acting 11
sheriff and the sheriff is no longer receiving the sheriff's 12
salary, the coroner may be paid, in addition to the 13
coroner's salary, the difference between the salaries of 14
sheriff and coroner so that the coroner receives the 15
equivalent of the sheriff's salary while serving as acting 16
sheriff. 17
64.231. 1. The county planning board shall have power 1
to make, adopt and may publish an official master plan for 2
the county for the purpose of bringing about coordinated 3
physical development in accordance with present and future 4
needs. The master plan shall be developed so as to conserve 5
the natural resources of the county, to ensure efficient 6
expenditure of public funds, and to promote the health, 7
safety, convenience, prosperity and general welfare of the 8
inhabitants. The master plan may include, among other 9
things, a land use plan, studies and recommendations 10
relative to the locations, character and extent of highways, 11
railroads, bus, streetcar and other transportation routes, 12
bridges, public buildings, schools, sewers, parks and 13
recreation facilities, parkways, forests, wildlife refuges, 14
dams and projects affecting conservation of natural 15
resources. The county planning board may adopt the master 16
plan in whole or in part, and subsequently amend or extend 17
the adopted plan or any portion thereof. Before the 18
adoption, amendment or extension of the plan or portion 19
thereof, the board shall hold at least one public hearing 20 SCS HB 199 28
thereon, fifteen days' notice of the time and place of which 21
shall be published in at least one newspaper having general 22
circulation within the county, and notice of the hearing 23
shall also be posted [at least fifteen days in advance 24
thereof in at least two conspicuous places in each township] 25
on the county's website. The hearing may be adjourned from 26
time to time. The adoption of the plan shall be by 27
resolution carried by not less than a majority vote of the 28
full membership of the county planning board. After the 29
adoption of the master plan an attested copy shall be 30
certified to the county clerk and a copy shall be recorded 31
in the office of the recorder of deeds. 32
2. The master plan, with the accompanying maps, 33
diagrams, charts, descriptive matter, and reports, shall 34
include the plans specified by this section which are 35
appropriate to the county and which may be made the basis 36
for its physical development. The master plan may comprise 37
any, all, or any combination of the plans specified in this 38
section, for all or any part of the county. 39
67.399. 1. The governing body of any municipality or 1
county with a charter form of government and with more than 2
one million inhabitants may, by ordinance, establish a 3
semiannual registration fee not to exceed two hundred 4
dollars which shall be charged to the owner of any parcel of 5
residential property improved by a residential structure, or 6
commercial property improved by a structure containing 7
multiple dwelling units, that is vacant, has been vacant for 8
at least six months, and is characterized by violations of 9
applicable housing codes established by such municipality. 10
2. The municipality shall designate a municipal 11
officer to investigate any property that may be subject to 12
the registration fee. The officer shall report [his] such 13 SCS HB 199 29
officer's findings and recommendations, and shall determine 14
whether any such property shall be subject to the 15
registration fee. Within five business days, the clerk of 16
the municipality or county with a charter form of government 17
and with more than one million inhabitants shall notify by 18
mail the owners of property on which the registration fee 19
has been levied at their last known address according to the 20
records of the city and the county. The property owner 21
shall have the right to appeal the decision of the office to 22
the municipal court within thirty days of such 23
notification. Absent the existence of any valid appeal or 24
request for reconsideration pursuant to subsection 3 of this 25
section, the registration fee shall begin to accrue on the 26
beginning of the second calendar quarter after the decision 27
of the municipal officer. 28
3. Within thirty days of the municipality or county 29
with a charter form of government and with more than one 30
million inhabitants making such notification, the property 31
owner may complete any improvements to the property that may 32
be necessary to revoke the levy of the registration fee, and 33
then may request a reinspection of the property and a 34
reconsideration of the levy of the registration fee by the 35
municipality or county with a charter form of government and 36
with more than one million inhabitants. If the municipal or 37
county officer revokes the registration fee, no such 38
assessment shall be made and the matter shall be considered 39
closed. If the officer affirms the assessment of the 40
registration fee, the property owner shall have the right to 41
appeal the reconsideration decision of the officer to the 42
municipal court within thirty days of such decision. Absent 43
the existence of any valid appeal to the municipal court or 44
other court of competent jurisdiction, the registration fee 45 SCS HB 199 30
shall begin to accrue on the beginning of the second 46
calendar quarter after the reconsideration decision of the 47
municipal governing body. 48
4. The municipal governing body shall establish by 49
ordinance procedures for payment of the registration fee and 50
penalties for delinquent payments of such fees. Any 51
registration fees which are delinquent for a period of one 52
year shall become a lien on the property and shall be 53
subject to foreclosure proceedings in the same manner as 54
delinquent real property taxes. The owner of the property 55
against which the assessment was originally made shall be 56
able to redeem the property only by presenting evidence that 57
the violations of the applicable housing code cited by the 58
municipal officers have been cured and presenting payment of 59
all registration fees and penalties. Upon bona fide sale of 60
the property to an unrelated party said lien shall be 61
considered released and the delinquent registration fee 62
forgiven. 63
5. (1) The governing body of the following may enact 64
ordinances as provided in this subsection: 65
(a) Any county with more than one million inhabitants; 66
and 67
(b) Any city or village in any county with more than 68
one million inhabitants. 69
(2) The governing body of any county, city, or village 70
listed in subdivision (1) of this subsection may enact 71
ordinances to provide for the building official of the 72
county, city, or village, or any authorized representative 73
of the building official, to petition the circuit court in 74
which a vacant nuisance building or structure is located for 75
the appointment of a receiver to rehabilitate the building 76 SCS HB 199 31
or structure, to demolish it, or to sell it to a qualified 77
buyer. 78
67.452. 1. As used in this section, the following 1
terms mean: 2
(1) "Code or ordinance violation", a violation under 3
the provisions of a municipal or county code or ordinance 4
that regulates fire prevention, animal control, noise 5
control, property maintenance, building construction, 6
health, safety, neighborhood detriment, sanitation, or 7
nuisances; 8
(2) "Neighborhood organization", a Missouri not-for- 9
profit corporation that: 10
(a) Is a bona fide community organization formed for 11
the purpose of neighborhood preservation or improvement in 12
an area of a county, city, or village with defined limits 13
and boundaries described in the organization's articles of 14
incorporation or bylaws; 15
(b) Has a board of directors composed of individuals, 16
at least half of whom maintain their principal residence in 17
the area of a county, city, or village described in the 18
organization's articles of incorporation or bylaws; and 19
(c) Is recognized by the federal Internal Revenue 20
Service as tax exempt under the provisions of Section 21
501(c)(3) of the Internal Revenue Code of 1986, as amended, 22
or the corresponding section of any future tax code; 23
(3) "Nuisance", an activity or condition created, 24
performed, maintained, or permitted to exist on private 25
property that constitutes a code or ordinance violation, 26
whether or not the property has been cited by the county, 27
city, or village in which the property is located; or, if 28
the property is in a deteriorated condition, due to neglect 29
or failure to reasonably maintain, abandonment, failure to 30 SCS HB 199 32
repair after a fire, flood, or some other deterioration of 31
the property, or there is clutter on the property such as 32
abandoned automobiles, appliances, or similar objects; or, 33
with respect to commercial, industrial, or vacant property, 34
if the activity or condition on the property encourages, 35
promotes, or substantially contributes to unlawful activity 36
within three hundred feet of the property; or if any 37
activity or condition: 38
(a) Diminishes the value of the neighboring property; 39
(b) Is injurious to the public health, safety, 40
security, or welfare of neighboring residents or businesses; 41
or 42
(c) Impairs the reasonable use or peaceful enjoyment 43
of other property in the neighborhood. 44
2. This section applies to a nuisance located within 45
the boundaries of: 46
(1) Any county with more than one million inhabitants; 47
or 48
(2) Any city or village located within the boundaries 49
of any county with more than one million inhabitants. 50
3. Any property owner who owns property within one 51
thousand two hundred feet of a parcel of property that is 52
alleged to be a nuisance may bring a nuisance action under 53
this section against the offending property owner for the 54
amount of damage created by such nuisance to the value of 55
the petitioner's property including, but not limited to, 56
diminution in value of the petitioner's property and court 57
costs. 58
4. An action for injunctive relief to abate a nuisance 59
may be brought against the offending property owner under 60
this section by: 61 SCS HB 199 33
(1) Anyone who owns property within one thousand two 62
hundred feet of a property that is alleged to be a nuisance; 63
or 64
(2) A neighborhood organization: 65
(a) On behalf of any person or persons who own 66
property within the boundaries of the geographic area 67
described in the articles of incorporation or bylaws of the 68
neighborhood organization and who could maintain a nuisance 69
action under this section or under the common law of private 70
nuisance; or 71
(b) On the neighborhood organization's own behalf with 72
respect to a nuisance on property anywhere within the 73
geographic boundaries described in the articles of 74
incorporation or bylaws of the neighborhood organization. 75
5. (1) An action shall not be brought under this 76
section until sixty days after the party who brings the 77
action has mailed notice of intent to bring an action under 78
this section, postage prepaid, to: 79
(a) The tenant, if any, or to "occupant" if the 80
identity of the tenant cannot be reasonably ascertained, at 81
the property's address; and 82
(b) The property owner of record at the last known 83
address of the property owner on file with the county, city, 84
or village or, if the property owner is a corporation or 85
other type of limited liability company, to the property 86
owner's registered agent at the agent's address of record. 87
(2) Such notice shall state that a nuisance exists and 88
that legal action may be taken against the owner of the 89
property if the nuisance is not eliminated within sixty days 90
after the date on the mailed notice. 91
(3) If the notice is returned unclaimed or refused, 92
designated by the United States Postal Service to be 93 SCS HB 199 34
undeliverable, or signed for by a person other than the 94
addressee, adequate and sufficient notice shall be provided 95
by posting a copy of the notice on the property where the 96
nuisance allegedly is occurring. A sworn affidavit by the 97
person who mailed or posted the notice describing the date 98
and manner that notice was given shall be sufficient 99
evidence to establish that the notice was given. 100
(4) The notice shall specify: 101
(a) The act or condition that constitutes the nuisance; 102
(b) The date the nuisance was first discovered; 103
(c) The address of the property and location on the 104
property where the act or condition that constitutes the 105
nuisance is allegedly occurring or exists; and 106
(d) The relief sought in the action. 107
6. A proceeding under this section shall: 108
(1) Be heard at the earliest practicable date; and 109
(2) Be expedited in every way. 110
7. When a property owner or neighborhood organization 111
brings an action under this section for injunctive relief to 112
abate a nuisance, a prima facie case for injunctive relief 113
is made upon proof that a citation has been issued by the 114
county, city, or village with jurisdiction over the property 115
that is subject to an action under this section. An action 116
for injunctive relief to abate a nuisance shall be heard by 117
the court without a jury and shall not require proof that 118
the party bringing the action has sustained damage or loss 119
as a result of the nuisance. 120
8. A copy of a notice of citation issued by the 121
county, city, or village with jurisdiction over the property 122
that is subject to an action under this section that shows 123
the date the citation was issued shall be prima facie 124
evidence of whether and for how long the property has been 125 SCS HB 199 35
in violation of the code or ordinance provisions provided in 126
the citation. 127
9. When a property owner or neighborhood organization 128
bringing the action prevails in such action, such property 129
owner or organization may be entitled to an award for 130
attorneys' fees and expenses, based on the amount of time 131
reasonably expended, as ordered by the court, which award 132
for attorneys' fees and expenses shall be entered as a 133
judgment against the owner of the property on which the act 134
or condition constituting the nuisance occurred or was 135
located. 136
10. (1) This section shall not be construed as to 137
abrogate any equitable or legal right or remedy otherwise 138
available under the law to abate a nuisance. 139
(2) This section shall not be construed to grant 140
standing for an action challenging any zoning application or 141
approval. 142
11. If a property owner sued under this section pleads 143
and proves that a condition alleged by the plaintiff to be a 144
nuisance is the subject matter of an order of the state 145
department of natural resources, the United States 146
Environmental Protection Agency, or the office of the 147
Missouri attorney general and further pleads and proves that 148
the property is in compliance with such order with respect 149
to such condition, such proof shall be an affirmative 150
defense to plaintiff's claim that such condition is subject 151
to one or more of the remedies provided for under this 152
section. 153
67.453. Sections 67.453 to 67.475 are known and may be 1
cited as the "Neighborhood Improvement District Act", and 2
the following words and terms, as used in sections 67.453 to 3
67.475 mean: 4 SCS HB 199 36
(1) "Acquire", the acquisition of property or 5
interests in property by purchase, gift, condemnation or 6
other lawful means and may include the acquisition of 7
existing property and improvements already owned by the city 8
or county; 9
(2) "Consultant", engineers, architects, planners, 10
attorneys, financial advisors, accountants, investment 11
bankers and other persons deemed competent to advise and 12
assist the governing body of the city or county in planning 13
and making improvements; 14
(3) "Cost", all costs incurred in connection with an 15
improvement, including, but not limited to, costs incurred 16
for the preparation of preliminary reports, the preparation 17
of plans and specifications, the preparation and publication 18
of notices of hearings, resolutions, ordinances and other 19
proceedings, fees and expenses of consultants, interest 20
accrued on borrowed money during the period of construction, 21
underwriting costs and other costs incurred in connection 22
with the issuance of bonds or notes, establishment of 23
reasonably required reserve funds for bonds or notes, the 24
cost of land, materials, labor and other lawful expenses 25
incurred in planning, acquiring and doing any improvement, 26
reasonable construction contingencies, and work done or 27
services performed by the city or county in the 28
administration and supervision of the improvement; 29
(4) "Improve", to construct, reconstruct, maintain, 30
restore, replace, renew, repair, install, equip, extend, or 31
to otherwise perform any work which will provide a new 32
public facility or enhance, extend or restore the value or 33
utility of an existing public facility; 34
(5) "Improvement", any one or more public facilities 35
or improvements which confer a benefit on property within a 36 SCS HB 199 37
definable area and may include or consist of a reimprovement 37
of a prior improvement. Improvements include, but are not 38
limited to, the following activities: 39
(a) To acquire property or interests in property when 40
necessary or desirable for any purpose authorized by 41
sections 67.453 to 67.475; 42
(b) To open, widen, extend and otherwise to improve 43
streets, paving and other surfacing, gutters, curbs, 44
sidewalks, crosswalks, driveway entrances and structures, 45
drainage works incidental thereto, and service connections 46
from sewer, water, gas and other utility mains, conduits or 47
pipes; 48
(c) To improve main and lateral storm water drains and 49
sanitary sewer systems, and appurtenances thereto; 50
(d) To improve street lights and street lighting 51
systems; 52
(e) To improve waterworks systems; 53
(f) To partner with a telecommunications company or 54
broadband service provider in order to construct or improve 55
telecommunications facilities which shall be wholly owned 56
and operated by the telecommunications company or broadband 57
service provider, as the terms "telecommunications company" 58
and "telecommunications facilities" are defined in section 59
386.020 and subject to the provisions of section 392.410, 60
that are in an unserved or underserved area, as defined in 61
section 620.2450. Before any facilities are improved or 62
constructed as a result of this section, the area shall be 63
certified as unserved or underserved by the director of 64
broadband development within the department of economic 65
development; 66
(g) To improve parks, playgrounds and recreational 67
facilities; 68 SCS HB 199 38
(h) To improve any street or other facility by 69
landscaping, planting of trees, shrubs, and other plants; 70
(i) To improve dikes, levees and other flood control 71
works, gates, lift stations, bridges and streets appurtenant 72
thereto, including any river or creek bank erosion 73
mitigation projects, regardless of whether or not such 74
projects confer a benefit solely to private property owners; 75
(j) To improve vehicle and pedestrian bridges, 76
overpasses and tunnels; 77
(k) To improve retaining walls and area walls on 78
public ways or land abutting thereon; 79
(l) To improve property for off-street parking 80
facilities including construction and equipment of buildings 81
thereon; 82
(m) To acquire or improve any other public facilities 83
or improvements deemed necessary by the governing body of 84
the city or county; and 85
(n) To improve public safety; 86
(6) "Neighborhood improvement district", an area of a 87
city or county with defined limits and boundaries which is 88
created by vote or by petition under sections 67.453 to 89
67.475 and which is benefitted by an improvement and subject 90
to special assessments against the real property therein for 91
the cost of the improvement. 92
67.547. 1. In addition to the tax authorized by 1
section 67.505, any county as defined in section 67.750 may, 2
by a majority vote of its governing body, impose an 3
additional county sales tax on all sales which are subject 4
to taxation under the provisions of sections 144.010 to 5
144.525. The tax authorized by this section shall be in 6
addition to any and all other sales tax allowed by law; 7
except that no ordinance or order imposing a sales tax under 8 SCS HB 199 39
the provisions of this section shall be effective unless the 9
governing body of the county submits to the voters of the 10
county, at a county or state general, primary or special 11
election, a proposal to authorize the governing body of the 12
county to impose such tax. 13
2. The ballot of submission shall contain, but need 14
not be limited to the following language: 15
If a majority of the votes cast on the proposal by the 25
qualified voters voting thereon are in favor of the 26
proposal, then the ordinance or order and any amendments 27
thereto shall be in effect. If a majority of the votes cast 28
by the qualified voters voting are opposed to the proposal, 29
then the governing body of the county shall have no power to 30
impose the sales tax as herein authorized unless and until 31
the governing body of the county submits another proposal to 32
authorize the governing body of the county to impose the 33
sales tax under the provisions of this section and such 34
proposal is approved by a majority of the qualified voters 35
voting thereon. A county shall not submit to the voters a 36
proposed sales tax under this section for a period of two 37
years from the date of an election in which the county 38
previously submitted to the voters a proposed sales tax 39
16
17
18
19
Shall the county of ______ (county's name) impose
a countywide sales tax of ______ (insert rate)
percent for the purpose of ______ (insert
purpose)?
20 □ YES □ NO
21
22
23
24
If you are in favor of the question, place an "X"
in the box opposite "YES". If you are opposed to
the question, place an "X" in the box opposite
"NO".
SCS HB 199 40
under this section, regardless of whether the initial 40
proposed sales tax was approved or disapproved by the 41
voters. The revenue collected from the sales tax authorized 42
under this section shall only be used for the purpose 43
approved by voters of the county. 44
3. (1) The sales tax may be imposed at a rate of one- 45
eighth of one percent, one-fourth of one percent, three- 46
eighths of one percent, or one-half of one percent on the 47
receipts from the sale at retail of all tangible personal 48
property or taxable services at retail within any county 49
adopting such tax if such property and services are subject 50
to taxation by the state of Missouri under the provisions of 51
sections 144.010 to 144.525. In any city not within a 52
county or any county described in subsection 5 of this 53
section, no sales tax for the purpose of funding zoological 54
activities and zoological facilities as those terms are 55
defined in section 184.500 shall exceed a rate of one-eighth 56
of one percent unless the sales tax was levied and collected 57
before August 28, 2017. Beginning August 28, 2017, no 58
county shall submit to the voters any proposal that results 59
in a combined rate of sales taxes adopted under this section 60
in excess of one percent. 61
(2) Notwithstanding the provisions of subdivision (1) 62
of this subsection to the contrary, beginning August 28, 63
2025, a county with more than eight thousand but fewer than 64
eight thousand nine hundred inhabitants and with a county 65
seat with more than seven hundred thirty but fewer than 66
eight hundred inhabitants may impose a sales tax that 67
results in a combined rate of sales tax adopted pursuant to 68
this section in excess of one percent, but not in excess of 69
one and one-half percent, provided that any such sales tax 70
shall be for the purpose of providing law enforcement 71 SCS HB 199 41
services. All sales tax elections conducted during the 72
November 8, 2022, general election shall be deemed in 73
compliance with this subdivision, provided that the total 74
combined sales tax rate adopted pursuant to this section 75
does not exceed one and one-half percent. 76
4. Except as modified in this section, all provisions 77
of sections 32.085 and 32.087 shall apply to the tax imposed 78
under this section. 79
5. In any first class county having a charter form of 80
government and having a population of nine hundred thousand 81
or more, the proceeds of the sales tax authorized by this 82
section shall be distributed so that an amount equal to 83
three-eighths of the proceeds of the tax shall be 84
distributed to the county and the remaining five-eighths 85
shall be distributed to the cities, towns and villages and 86
the unincorporated area of the county on the ratio that the 87
population of each bears to the total population of the 88
county. Three-eighths of the tax rate adopted by such a 89
county shall be included in the calculation of the county's 90
one percent combined tax rate ceiling provided in 91
subsection 3 of this section. The population of each city, 92
town or village and the unincorporated area of the county 93
and the total population of the county shall be determined 94
on the basis of the most recent federal decennial census. 95
The provisions of this subsection shall not apply if the 96
revenue collected is used to support zoological activities 97
of the zoological subdistrict as defined under section 98
184.352. 99
6. Except as prohibited under section 184.353, 100
residents of any county that does not adopt a sales tax 101
under this section for the purpose of supporting zoological 102
activities may be charged an admission fee for zoological 103 SCS HB 199 42
facilities, programs, or events that are not part of the 104
zoological subdistrict defined under subdivision (15) of 105
section 184.352 as of August 28, 2017. 106
7. In any county of the second classification with 107
more than nineteen thousand seven hundred but fewer than 108
nineteen thousand eight hundred inhabitants, the proceeds of 109
the sales tax authorized by this section shall be 110
distributed so that an amount equal to three-fourths of the 111
proceeds of the tax shall be distributed to the county and 112
the remaining one-fourth shall be distributed equally among 113
the incorporated cities, towns, and villages of the county. 114
Upon request from any city, town, or village within the 115
county, the county shall make available for inspection the 116
distribution report provided to the county by the department 117
of revenue. Any expenses incurred by the county in 118
supplying such report to a city, town, or village shall be 119
paid by such city, town, or village. 120
8. In any first class county having a charter form of 121
government and having a population of nine hundred thousand 122
or more, no tax shall be imposed pursuant to this section 123
for the purpose of funding in whole or in part the 124
construction, operation or maintenance of a sports stadium, 125
field house, indoor or outdoor recreational facility, 126
center, playing field, parking facility or anything 127
incidental or necessary to a complex suitable for any type 128
of professional sport or recreation, either upon, above or 129
below the ground. 130
9. No county in this state, other than a county with a 131
charter form of government and with more than nine hundred 132
fifty thousand inhabitants and a city not within a county, 133
shall impose a tax under this section for the purpose of 134
funding in whole or in part the construction, operation, or 135 SCS HB 199 43
maintenance of any zoological activities, zoological 136
facilities, zoological organizations, the metropolitan 137
zoological park and museum district as created under section 138
184.350, or any zoological boards. 139
10. The director of revenue may authorize the state 140
treasurer to make refunds from the amounts in the trust fund 141
and credited to any county for erroneous payments and 142
overpayments made, and may redeem dishonored checks and 143
drafts deposited to the credit of such counties. If any 144
county abolishes the tax, the county shall notify the 145
director of revenue of the action at least ninety days prior 146
to the effective date of the repeal and the director of 147
revenue may order retention in the trust fund, for a period 148
of one year, of two percent of the amount collected after 149
receipt of such notice to cover possible refunds or 150
overpayment of the tax and to redeem dishonored checks and 151
drafts deposited to the credit of such accounts. After one 152
year has elapsed after the effective date of abolition of 153
the tax in such county, the director of revenue shall remit 154
the balance in the account to the county and close the 155
account of that county. The director of revenue shall 156
notify each county of each instance of any amount refunded 157
or any check redeemed from receipts due the county. 158
11. No revenue received from a tax for the purpose of 159
funding zoological activities in any county shall be used 160
for the benefit of any entity that has ever been named 161
Grant's Farm or is located at ten thousand five hundred one 162
Gravois Road, Saint Louis, Missouri, or successor address, 163
or to supplant any funding received from the metropolitan 164
zoological park and museum district established under 165
section 184.350. 166 SCS HB 199 44
67.582. 1. The governing body of any county, except a 1
county of the first class with a charter form of government 2
with a population of greater than four hundred thousand 3
inhabitants, is hereby authorized to impose, by ordinance or 4
order, a sales tax in the amount of up to [one-half of] one 5
percent on all retail sales made in such county which are 6
subject to taxation under the provisions of sections 144.010 7
to 144.525 for the purpose of providing law enforcement 8
services for such county. The tax authorized by this 9
section shall be in addition to any and all other sales 10
taxes allowed by law, except that no ordinance or order 11
imposing a sales tax under the provisions of this section 12
shall be effective unless the governing body of the county 13
submits to the voters of the county, at a county or state 14
general, primary or special election, a proposal to 15
authorize the governing body of the county to impose a tax. 16
2. The ballot of submission shall contain, but need 17
not be limited to, the following language: 18
(1) If the proposal submitted involves only 19
authorization to impose the tax authorized by this section 20
the ballot shall contain substantially the following: 21
(2) If the proposal submitted involves authorization 31
to enter into agreements to form a regional jail district 32
22
23
24
25
Shall the county of ______ (county's name) impose
a countywide sales tax of ______ (insert amount)
for the purpose of providing law enforcement
services for the county?
26 □ YES □ NO
27
28
29
30
If you are in favor of the question, place an "X"
in the box opposite "YES". If you are opposed to
the question, place an "X" in the box opposite
"NO"; or
SCS HB 199 45
and obligates the county to make payments from the tax 33
authorized by this section the ballot shall contain 34
substantially the following: 35
If a majority of the votes cast on the proposal by the 51
qualified voters voting thereon are in favor of the proposal 52
submitted pursuant to subdivision (1) of this subsection, 53
then the ordinance or order and any amendments thereto shall 54
be in effect on the first day of the second quarter 55
immediately following the election approving the proposal. 56
If the constitutionally required percentage of the voters 57
voting thereon are in favor of the proposal submitted 58
pursuant to subdivision (2) of this subsection, then the 59
ordinance or order and any amendments thereto shall be in 60
effect on the first day of the second quarter immediately 61
following the election approving the proposal. If a 62
proposal receives less than the required majority, then the 63
governing body of the county shall have no power to impose 64
the sales tax herein authorized unless and until the 65
36
37
38
39
40
41
42
43
44
45
Shall the county of ______ (county's name) be
authorized to enter into agreements for the
purpose of forming a regiona l jail district and
obligating the county to impose a countywide sales
tax of ______ (insert amount) to fund ______
dollars of the costs to construct a regional jail
and to fund the costs to operate a regional jail,
with any funds in excess of that necessa ry to
construct and operate such jail to be used for law
enforcement purposes?
46 □ YES □ NO
47
48
49
50
If you are in favor of the question, place an "X"
in the box opposite "YES". If you are opposed to
the question, place an "X" in the box opposite
"NO".
SCS HB 199 46
governing body of the county shall again have submitted 66
another proposal to authorize the governing body of the 67
county to impose the sales tax authorized by this section 68
and such proposal is approved by the required majority of 69
the qualified voters voting thereon. However, in no event 70
shall a proposal pursuant to this section be submitted to 71
the voters sooner than twelve months from the date of the 72
last proposal pursuant to this section. 73
3. All revenue received by a county from the tax 74
authorized under the provisions of this section shall be 75
deposited in a special trust fund and shall be used solely 76
for providing law enforcement services for such county for 77
so long as the tax shall remain in effect. Revenue placed 78
in the special trust fund may also be utilized for capital 79
improvement projects for law enforcement facilities and for 80
the payment of any interest and principal on bonds issued 81
for said capital improvement projects. 82
4. Once the tax authorized by this section is 83
abolished or is terminated by any means, all funds remaining 84
in the special trust fund shall be used solely for providing 85
law enforcement services for the county. Any funds in such 86
special trust fund which are not needed for current 87
expenditures may be invested by the governing body in 88
accordance with applicable laws relating to the investment 89
of other county funds. 90
5. All sales taxes collected by the director of 91
revenue under this section on behalf of any county, less one 92
percent for cost of collection which shall be deposited in 93
the state's general revenue fund after payment of premiums 94
for surety bonds as provided in section 32.087, shall be 95
deposited in a special trust fund, which is hereby created, 96
to be known as the "County Law Enforcement Sales Tax Trust 97 SCS HB 199 47
Fund". The moneys in the county law enforcement sales tax 98
trust fund shall not be deemed to be state funds and shall 99
not be commingled with any funds of the state. The director 100
of revenue shall keep accurate records of the amount of 101
money in the trust and which was collected in each county 102
imposing a sales tax under this section, and the records 103
shall be open to the inspection of officers of the county 104
and the public. Not later than the tenth day of each month 105
the director of revenue shall distribute all moneys 106
deposited in the trust fund during the preceding month to 107
the county which levied the tax; such funds shall be 108
deposited with the county treasurer of each such county, and 109
all expenditures of funds arising from the county law 110
enforcement sales tax trust fund shall be by an 111
appropriation act to be enacted by the governing body of 112
each such county. Expenditures may be made from the fund 113
for any law enforcement functions authorized in the 114
ordinance or order adopted by the governing body submitting 115
the law enforcement tax to the voters. 116
6. The director of revenue may authorize the state 117
treasurer to make refunds from the amounts in the trust fund 118
and credited to any county for erroneous payments and 119
overpayments made, and may redeem dishonored checks and 120
drafts deposited to the credit of such counties. If any 121
county abolishes the tax, the county shall notify the 122
director of revenue of the action at least ninety days prior 123
to the effective date of the repeal and the director of 124
revenue may order retention in the trust fund, for a period 125
of one year, of two percent of the amount collected after 126
receipt of such notice to cover possible refunds or 127
overpayment of the tax and to redeem dishonored checks and 128
drafts deposited to the credit of such accounts. After one 129 SCS HB 199 48
year has elapsed after the effective date of abolition of 130
the tax in such county, the director of revenue shall remit 131
the balance in the account to the county and close the 132
account of that county. The director of revenue shall 133
notify each county of each instance of any amount refunded 134
or any check redeemed from receipts due the county. 135
7. Except as modified in this section, all provisions 136
of sections 32.085 and 32.087 shall apply to the tax imposed 137
under this section. 138
67.597. 1. The governing body of a county with more 1
than fifteen thousand seven hundred but fewer than seventeen 2
thousand six hundred inhabitants and with a county seat with 3
more than four thousand two hundred ten but fewer than six 4
thousand inhabitants may adopt an order or ordinance 5
imposing a sales tax on all retail sales made within the 6
county that are subject to sales tax under chapter 144. The 7
rate of such tax shall not exceed one percent. 8
2. Such tax shall not become effective unless the 9
governing body of the county submits to the voters of the 10
county, on any date available for elections for the county, 11
a proposal to authorize the governing body of the county to 12
impose such tax. Such tax shall be in addition to all other 13
taxes imposed by law. Such tax shall be stated separately 14
from all other charges and taxes. The proceeds of such tax 15
shall be used by the county solely for the support of the 16
operations of hospital services in such county. 17
3. The ballot of submission for such tax shall be in 18
substantially the following form: 19
20
21
22
23
"Shall ______ (insert the county name) impose a
sales tax at a rate of ______ (insert percentage)
percent for the support of the operations of
hospital services?".
SCS HB 199 49
If a majority of the votes cast on the question by the 24
qualified voters voting thereon are in favor of the 25
question, such tax shall become effective on the first day 26
of the second calendar quarter following the calendar 27
quarter in which the election was held. If a majority of 28
the votes cast on the question by the qualified voters 29
voting thereon are opposed to the question, such tax shall 30
not become effective unless and until the question is 31
resubmitted under this section to the qualified voters of 32
the county and such question is approved by a majority of 33
the qualified voters of the county voting on the question. 34
4. Except as modified in this section, all provisions 35
of sections 32.085 and 32.087 shall apply to the tax imposed 36
under this section. 37
5. All moneys collected under this section by the 38
director of the department of revenue on behalf of such 39
county shall be deposited in a special trust fund, which is 40
hereby created and shall be known as the "County Hospital 41
Operations Sales Tax Fund", except that the director may 42
deposit up to one percent for the cost of collection in the 43
state's general revenue fund. Moneys in the fund shall be 44
used solely for the designated purposes. Moneys in the fund 45
shall not be deemed to be state moneys and shall not be 46
commingled with any moneys of the state. The director may 47
make refunds from the amounts in the fund and credited to 48
the county for erroneous payments and overpayments made and 49
may redeem dishonored checks and drafts deposited to the 50
credit of such county. Any moneys in the special fund that 51
are not needed for current expenditures shall be invested in 52
the same manner as other moneys are invested. Any interest 53 SCS HB 199 50
and moneys earned on such investments shall be credited to 54
the fund. 55
6. The governing body of a county that has adopted 56
such tax may submit the question of repeal of the tax to the 57
voters on any date available for elections for the county. 58
If a majority of the votes cast on the question by the 59
qualified voters voting thereon are in favor of the repeal, 60
the repeal shall become effective on December thirty-first 61
of the calendar year in which such repeal was approved. If 62
a majority of the votes cast on the question by the 63
qualified voters voting thereon are opposed to the repeal, 64
such tax shall remain effective until the question is 65
resubmitted under this section to the qualified voters and 66
the repeal is approved by a majority of the qualified voters 67
voting on the question. 68
7. Whenever the governing body of a county that has 69
adopted such tax receives a petition, signed by a number of 70
registered voters of the county equal to at least ten 71
percent of the number of registered voters of the county 72
voting in the last gubernatorial election, calling for an 73
election to repeal such tax, the governing body shall submit 74
to the voters a proposal to repeal the tax. If a majority 75
of the votes cast on the question by the qualified voters 76
voting thereon are in favor of the repeal, the repeal shall 77
become effective on December thirty-first of the calendar 78
year in which such repeal was approved. If a majority of 79
the votes cast on the question by the qualified voters 80
voting thereon are opposed to the repeal, such tax shall 81
remain effective until the question is resubmitted under 82
this section to the qualified voters and the repeal is 83
approved by a majority of the qualified voters voting on the 84
question. 85 SCS HB 199 51
8. If such tax is repealed or terminated by any means, 86
all moneys remaining in the special trust fund shall 87
continue to be used solely for the designated purposes. The 88
county shall notify the director of the department of 89
revenue of the repeal or termination at least ninety days 90
before the effective date of the repeal or termination. The 91
director may order retention in the trust fund, for a period 92
of one year, of two percent of the amount collected after 93
receipt of such notice to cover possible refunds or 94
overpayments of the tax and to redeem dishonored checks and 95
drafts deposited to the credit of such account. After one 96
year has elapsed after the effective date of the repeal or 97
termination, the director shall remit the balance in the 98
account to the county and close the account of that county. 99
The director shall notify such county of each instance of 100
any amount refunded or any check redeemed from receipts due 101
the county. 102
67.646. 1. For the purposes of this section, the 1
following terms shall mean: 2
(1) "Authority", a county sports complex authority 3
created pursuant to this section; 4
(2) "Convention and sports complex fund", the fund 5
established by a county pursuant to the provisions of this 6
section for the purposes of developing, maintaining, or 7
operating within its jurisdiction, sports, convention, 8
exhibition, or trade facilities; 9
(3) "County", any county with more than two hundred 10
thirty thousand but fewer than two hundred sixty thousand 11
inhabitants; 12
(4) "Governing body", the county commission or other 13
governing body charged with governing the county. 14 SCS HB 199 52
2. (1) There is hereby authorized to be created in 15
any county a special authority to be known as the "______ 16
County Sports Complex Authority". Such authority shall be 17
created by order of the governing body and certified copies 18
of said order shall be filed in the offices of the governor 19
and secretary of state. The authority shall be a body 20
corporate and politic and a political subdivision of the 21
state of Missouri. 22
(2) (a) The authority shall consist of five 23
commissioners who shall be qualified voters of the state of 24
Missouri, and residents of the county. The governing body 25
shall by a majority vote submit a panel of nine names to the 26
governor who shall select, with the advice and consent of 27
the senate, five commissioners from such panel, no more than 28
three of which shall be of any one political party, who 29
shall constitute the members of such authority; provided, 30
however, that no elective or appointed official of any 31
political subdivision of the state of Missouri shall be a 32
member of the authority. 33
(b) The authority shall elect from its number a 34
chairman and may appoint such officers and employees as it 35
may require for the performance of its duties and fix and 36
determine their qualifications, duties, and compensation. 37
No action of the authority shall be binding unless taken at 38
a meeting at which at least three members are present and 39
unless a majority of the members present at such meeting 40
shall vote in favor thereof. 41
(c) Commissioners shall serve in the following 42
manner: one for two years, one for three years, one for 43
four years, one for five years, and one for six years. 44
Successors shall hold office for terms of five years, or for 45
the unexpired terms of their predecessors. 46 SCS HB 199 53
(d) In the event a vacancy exists a new panel of three 47
names shall be submitted by majority vote of the governing 48
body to the governor for appointment. All such vacancies 49
shall be filled within thirty days from the date thereof. 50
If the governing body has not submitted a panel of three 51
names to the governor within thirty days of the expiration 52
of a commissioner's term, the governor shall immediately 53
make an appointment to the authority with the advice and 54
consent of the senate. In the event the governor does not 55
appoint a replacement, no commissioner shall continue to 56
serve beyond the expiration of that commissioner's term. 57
(3) The authority shall have the same powers as a 58
sports complex authority created pursuant to sections 64.920 59
to 64.950. 60
(4) Nothing in this section shall be construed to 61
impair the powers of any county, municipality, or other 62
political subdivision to acquire, own, operate, develop, or 63
improve any facility which an authority is given the right 64
and power to own, operate, develop, or improve. 65
3. (1) A county establishing an authority pursuant to 66
this section shall be authorized to establish, by ordinance 67
or order of the county, a "Convention and Sports Complex 68
Fund", for the purposes of developing, maintaining or 69
operating within its jurisdiction, sports, convention, 70
exhibition, or trade facilities. Such fund shall be 71
separate from the general funds of the county. 72
(2) The general assembly may annually appropriate up 73
to three million dollars from the state general revenue fund 74
to the convention and sports complex fund created pursuant 75
to this subsection, provided that the county or authority 76
has entered into a contract or lease with a professional 77
sports team affiliated with or franchised by the National 78 SCS HB 199 54
Football League, the National Basketball Association, the 79
National Hockey League, or the American League or the 80
National League of Major League Baseball on or after January 81
1, 2026. The convention and sports complex fund shall be 82
administered by the county and shall be used to carry out 83
the provisions of this section. 84
(3) Any county which has a convention and sports 85
complex fund established pursuant to this section shall, 86
prior to receipt of any appropriations pursuant to this 87
subsection, enact or promulgate ordinances, rules, or 88
regulations which provide, pursuant to the terms and 89
provisions of section 70.859, for the purchase of goods and 90
services and for construction of capital improvements for 91
facilities administered by the authority. In no event shall 92
more than three million dollars be transferred from the 93
state to any one such convention and sports complex fund in 94
any fiscal year pursuant to this subsection. 95
(4) No appropriation of state moneys shall be made 96
pursuant to this subsection until the county which has 97
created a convention and sports complex fund has commenced 98
paying into the convention and sports complex fund amounts 99
at a rate sufficient for the county to contribute the sum of 100
three million dollars per calendar year. Appropriations 101
made pursuant to this subsection to any convention and 102
sports complex fund shall not exceed the amounts contributed 103
by the county to the fund. The county's proportional amount 104
specified in this subdivision may come from any source. 105
Once the county has commenced paying such appropriate 106
proportional amounts into its convention and sports complex 107
fund, the county shall so notify the state treasurer and the 108
director of revenue and, thereafter, subject to annual 109
appropriation, transfers shall commence and continue each 110 SCS HB 199 55
month pursuant to this subsection until such monthly 111
transfers are made for forty years. Moneys appropriated 112
from general revenue shall not be expended until the county 113
has paid three million dollars into its fund. 114
4. The county shall make an annual report to the 115
general assembly stating the condition of its convention and 116
sports complex fund and the various sums of money received 117
by the county into that fund and distributed by the county 118
from that fund during the preceding calendar year. The 119
county shall employ a certified public accountant to conduct 120
a biennial audit of all accounts and transactions of the 121
convention and sports complex fund and may compensate such 122
accountants out of the funds. 123
67.1157. 1. For the purposes of this section, the 1
following terms shall mean: 2
(1) "New state revenues", the incremental increase in 3
the general revenue portion of the state sales tax revenues 4
generated within a project area from the operation of a 5
regional sports facility and received pursuant to section 6
144.020, excluding sales taxes that are constitutionally 7
dedicated, taxes deposited to the school district trust fund 8
in accordance with section 144.701, sales and use taxes on 9
motor vehicles, trailers, boats and outboard motors, and 10
future sales taxes otherwise designated by law; 11
(2) "Project", the acquisition, planning, 12
construction, equipping, operation, maintenance, repair, 13
extension, and improvement of a regional sports facility, 14
and any new or existing improvements which the authority 15
determines are necessary or convenient to the acquisition, 16
planning, construction, equipping, operation, maintenance, 17
repair, extension, and improvement of a regional sports 18
facility; 19 SCS HB 199 56
(3) "Project area", the geographic area where a 20
project is to be located, as designated by the authority and 21
identified in its application to the department of economic 22
development; 23
(4) "Regional sports facility", a regional sports 24
facility owned or operated by an authority that is intended 25
to provide year-round sports opportunities and draw 26
participants from outside the state. 27
2. An authority may by resolution designate a project 28
area for a project. Upon such designation by the authority, 29
the project area shall be eligible for an amount not to 30
exceed fifty percent of the new state revenues estimated for 31
the businesses within the project area, as identified by the 32
authority in its application to the department of economic 33
development prior to the designation of the project area by 34
resolution, for a period not to exceed twenty years from the 35
date of completion of the project. Such amount shall be 36
subject to appropriation by the general assembly, as 37
provided in subsection 6 of this section, to the department 38
of economic development regional sports facility 39
supplemental tax fund for distribution to the treasurer or 40
other designated financial officer of the authority with an 41
approved project. 42
3. The treasurer or other designated financial officer 43
of the authority with an approved project shall deposit such 44
funds in a separate segregated account within the funds of 45
the authority. 46
4. No transfer from the general revenue fund to the 47
Missouri regional sports facility supplemental tax fund 48
shall be made unless an appropriation is made from the 49
general revenue fund for that purpose. No authority shall 50
commit any new state revenues prior to an appropriation 51 SCS HB 199 57
being made for that project. Appropriations from new state 52
revenues shall not be distributed from the Missouri regional 53
sports facility supplemental tax fund to an authority unless 54
the county which has established the authority has imposed a 55
tax at the maximum rate provided by section 67.1158. 56
5. In order for a project to be eligible to receive 57
the revenue described in subsection 2 of this section, the 58
authority shall comply with the requirements of subsection 6 59
of this section prior to the time the project is adopted or 60
approved by resolution. The director of the department of 61
economic development and the commissioner of the office of 62
administration may waive the requirement that the 63
authority's application be submitted prior to the project's 64
adoption or approved by resolution. 65
6. The initial appropriation of up to fifty percent of 66
new state revenues authorized pursuant to subsection 2 of 67
this section shall not be made to or distributed by the 68
department of economic development to an authority until all 69
of the following conditions have been satisfied: 70
(1) The director of the department of economic 71
development or his or her designee and the commissioner of 72
the office of administration or his or her designee have 73
approved an application made by the authority for the 74
appropriation of new state revenues. The authority shall 75
include in the application the following items: 76
(a) A description of the project; 77
(b) A description of the project area, including the 78
businesses currently identified within the project area and 79
the anticipated businesses within the project area upon 80
completion of the project; 81
(c) The base year of state sales tax revenues within 82
the project area prior to approval of the project; 83 SCS HB 199 58
(d) An estimate of the incremental increase in the 84
general revenue portion of state sales tax revenue within 85
the project area after completion of the project; 86
(e) The name, street and mailing address, and phone 87
number of the chairman of the authority; 88
(f) The street address or other means of identifying 89
each parcel of property within the project area; 90
(g) The estimated costs of development of the project; 91
(h) The anticipated sources of funds to pay such costs 92
of development of the project; 93
(i) Evidence of commitment to finance such costs of 94
development of the project and the anticipated type and 95
terms of such financing; 96
(j) The anticipated type and terms of any obligations 97
to be issued by the authority pursuant to subdivision (6) of 98
section 67.1155 to finance all or any portion of the project; 99
(k) The general land uses to apply in the project area; 100
(l) The total number of individuals anticipated to be 101
employed in the project area as a result of the project, 102
broken down by full-time, part-time, and temporary positions; 103
(m) The total number of full-time equivalent positions 104
anticipated to be created within the project area upon 105
completion of the project; 106
(n) The average hourly wage to be paid to all new 107
employees within the project area, broken down by full-time, 108
part-time, and temporary positions; 109
(o) A list of other community and economic benefits to 110
result from the project; 111
(p) A list of all development subsidies that any 112
business that benefitted from public expenditures within the 113
project area has requested for the project, and the name of 114
any other granting body from which such subsidies are sought; 115 SCS HB 199 59
(q) A list of all other public investments made or to 116
be made by this state or units of local government to 117
support infrastructure or other needs generated by the 118
project for which the funding pursuant to this section is 119
being sought; 120
(r) A market study for the project area; and 121
(s) A certification by the chairman of the authority 122
as to the accuracy of the information contained in the 123
application; 124
(2) The methodologies used in the application for 125
determining the base year and determining the estimate of 126
the incremental increase in the general revenue portion of 127
the state sales tax revenues shall be approved by the 128
director of the department of economic development or his or 129
her designee and the commissioner of the office of 130
administration or his or her designee. Upon approval of the 131
application, the director of the department of economic 132
development or his or her designee and the commissioner of 133
the office of administration or his or her designee shall 134
issue a certificate of approval. The department of economic 135
development may request the appropriation following 136
application approval; and 137
(3) The appropriation shall be a portion of the 138
estimate of the incremental increase in the general revenue 139
portion of state sales tax revenues in the project area as 140
indicated in the authority's application, approved by the 141
director of the department of economic development or his or 142
her designee and the commissioner of the office of 143
administration or his or her designee. At no time shall the 144
annual amount of new state revenues approved for 145
disbursements from the Missouri regional sports facility 146
supplemental tax fund for approved projects exceed ten 147 SCS HB 199 60
million dollars. At no time shall a single project receive 148
an annual appropriation pursuant to this section that 149
exceeds five million dollars. 150
67.1367. 1. (1) The governing body of the following 1
counties may impose a tax as provided in this section: 2
(a) Any county of the third classification without a 3
township form of government and with more than eighteen 4
thousand but fewer than twenty thousand inhabitants and with 5
a city of the fourth classification with more than eight 6
thousand but fewer than nine thousand inhabitants as the 7
county seat; 8
(b) Any county with more than seventeen thousand six 9
hundred but fewer than nineteen thousand inhabitants and 10
with a county seat with more than four thousand but fewer 11
than five thousand fifty inhabitants; or 12
(c) Any county with more than seventeen thousand six 13
hundred but fewer than nineteen thousand inhabitants and 14
with a county seat with more than eight thousand but fewer 15
than ten thousand inhabitants. 16
(2) The governing body of any county listed in 17
subdivision (1) of this subsection may impose a tax on the 18
charges for all sleeping rooms paid by the transient guests 19
of hotels [or], motels, bed and breakfast inns, or 20
campground cabins situated in the county or a portion 21
thereof, which shall be no more than six percent per 22
occupied room or cabin per night, except that such tax shall 23
not become effective unless the governing body of the county 24
submits to the voters of the county at a state general or 25
primary election, a proposal to authorize the governing body 26
of the county to impose a tax pursuant to this section. The 27
tax authorized by this section shall be in addition to the 28
charge for the sleeping room and shall be in addition to any 29 SCS HB 199 61
and all taxes imposed by law and the proceeds of such tax 30
shall be used by the county solely for the promotion of 31
tourism. Such tax shall be stated separately from all other 32
charges and taxes. 33
2. The ballot of submission for the tax authorized in 34
this section shall be in substantially the following form: 35
3. As used in this section, "transient guests" means a 44
person or persons who occupy a room or rooms in a hotel 45
[or], motel, bed and breakfast inns, and campground cabins 46
for thirty-one days or less during any calendar quarter. 47
4. Any county that imposed a tax on the charges for 48
all sleeping rooms paid by the transient guests of hotels 49
and motels under this section before August 28, 2025, may 50
impose such tax upon the charges for all sleeping rooms or 51
cabins paid by the transient guests of bed and breakfast 52
inns and campgrounds under this section without requiring a 53
separate vote authorizing the imposition of such tax upon 54
such charges for such bed and breakfast inns and campgrounds. 55
[67.1421. 1. Upon receipt of a proper 1
petition filed with its municipal clerk, the 2
governing body of the municipality in which the 3
proposed district is located shall hold a public 4
hearing in accordance with section 67.1431 and 5
may adopt an ordinance to establish the proposed 6
district. 7
36
37
38
39
40
41
42
Shall ______ (insert the name of the county)
impose a tax on the charges for all sleeping rooms
paid by the transient guests of hotels [and],
motels, bed and breakfast inns, and campground
cabins situated in ______ (name of county) at a
rate of ______ (insert rate of percent) percent
for the sole purpose of promoting tourism?
43 □ YES □ NO SCS HB 199 62
2. A petition is proper if, based on the 8
tax records of the county clerk, or the 9
collector of revenue if the district is located 10
in a city not within a county, as of the time of 11
filing the petition with the municipal clerk, it 12
meets the following requirements: 13
(1) It has been signed by property owners 14
collectively owning more than fifty percent by 15
assessed value of the real property within the 16
boundaries of the proposed district; 17
(2) It has been signed by more than fifty 18
percent per capita of all owners of real 19
property within the boundaries of the proposed 20
district; and 21
(3) It contains the following information: 22
(a) The legal description of the proposed 23
district, including a map illustrating the 24
district boundaries; 25
(b) The name of the proposed district; 26
(c) A notice that the signatures of the 27
signers may not be withdrawn later than seven 28
days after the petition is filed with the 29
municipal clerk; 30
(d) A five-year plan stating a description 31
of the purposes of the proposed district, the 32
services it will provide, each improvement it 33
will make from the list of allowable 34
improvements under section 67.1461, an estimate 35
of the costs of these services and improvements 36
to be incurred, the anticipated sources of funds 37
to pay the costs, and the anticipated term of 38
the sources of funds to pay the costs; 39
(e) A statement as to whether the district 40
will be a political subdivision or a not-for- 41
profit corporation and if it is to be a not-for- 42
profit corporation, the name of the not-for- 43
profit corporation; 44
(f) If the district is to be a political 45
subdivision, a statement as to whether the 46
district will be governed by a board elected by 47
the district or whether the board will be 48
appointed by the municipality, and, if the board 49
is to be elected by the district, the names and 50
terms of the initial board may be stated; 51 SCS HB 199 63
(g) If the district is to be a political 52
subdivision, the number of directors to serve on 53
the board; 54
(h) The total assessed value of all real 55
property within the proposed district; 56
(i) A statement as to whether the 57
petitioners are seeking a determination that the 58
proposed district, or any legally described 59
portion thereof, is a blighted area; 60
(j) The proposed length of time for the 61
existence of the district, which in the case of 62
districts established after August 28, 2021, 63
shall not exceed twenty-seven years from the 64
adoption of the ordinance establishing the 65
district unless the municipality extends the 66
length of time under section 67.1481; 67
(k) The maximum rates of real property 68
taxes, and, business license taxes in the county 69
seat of a county of the first classification 70
without a charter form of government containing 71
a population of at least two hundred thousand, 72
that may be submitted to the qualified voters 73
for approval; 74
(l) The maximum rates of special 75
assessments and respective methods of assessment 76
that may be proposed by petition; 77
(m) The limitations, if any, on the 78
borrowing capacity of the district; 79
(n) The limitations, if any, on the 80
revenue generation of the district; 81
(o) Other limitations, if any, on the 82
powers of the district; 83
(p) A request that the district be 84
established; and 85
(q) Any other items the petitioners deem 86
appropriate; 87
(4) The signature block for each real 88
property owner signing the petition shall be in 89
substantially the following form and contain the 90
following information: 91
92 Name of owner: ______
93
94
Owner's telephone number and mailing
address: ______
SCS HB 199 64
(5) Alternatively, the governing body of 132
any home rule city with more than four hundred 133
thousand inhabitants and located in more than 134
95 If signer is different from owner:
96 Name of signer: ______
97
98
State basis of legal authority to sign:
______
99
100
Signer's telephone number and mailing
address: ______
101
102
If the owner is an individual, state if
owner is single or married: _____
103
104
If owner is not an individual, state what
type of entity: ______
105
106
107
Map and parcel number and assessed value of
each tract of real property within the
proposed district owned: ______
108
109
110
111
112
By executing this petition, the undersigned
represents and warrants that he or she is
authorized to execute this petition on
behalf of the property owner named
immediately above
113
114
______________
____
______________
____
115
116
Signature of
person
Date
117
118
signing for
owner
119 STATE OF MISSOURI )
120 ) ss.
121 COUNTY OF ______ )
122
123
124
125
Before me personally appeared ______, to me
personally known to be the individual
described in and who executed the foregoing
instrument.
126
127
WITNESS my hand and official seal this
______ day of ______ (month), ______
(year).
128
129
_____________________
________
130 Notary Public
131 My Commission Expires: ______ ; and SCS HB 199 65
one county may file a petition to initiate the 135
process to establish a district in the portion 136
of the city located in any county of the first 137
classification with more than two hundred 138
thousand but fewer than two hundred sixty 139
thousand inhabitants containing the information 140
required in subdivision (3) of this subsection; 141
provided that the only funding methods for the 142
services and improvements will be a real 143
property tax. 144
3. Upon receipt of a petition the 145
municipal clerk shall, within a reasonable time 146
not to exceed ninety days after receipt of the 147
petition, review and determine whether the 148
petition substantially complies with the 149
requirements of subsection 2 of this section. In 150
the event the municipal clerk receives a 151
petition which does not meet the requirements of 152
subsection 2 of this section, the municipal 153
clerk shall, within a reasonable time, return 154
the petition to the submitting party by hand 155
delivery, first class mail, postage prepaid or 156
other efficient means of return and shall 157
specify which requirements have not been met. 158
4. After the close of the public hearing 159
required pursuant to subsection 1 of this 160
section, the governing body of the municipality 161
may adopt an ordinance approving the petition 162
and establishing a district as set forth in the 163
petition and may determine, if requested in the 164
petition, whether the district, or any legally 165
described portion thereof, constitutes a 166
blighted area. If the petition was filed by the 167
governing body of a municipality pursuant to 168
subdivision (5) of subsection 2 of this section, 169
after the close of the public hearing required 170
pursuant to subsection 1 of this section, the 171
petition may be approved by the governing body 172
and an election shall be called pursuant to 173
section 67.1422. 174
5. Amendments to a petition may be made 175
which do not change the proposed boundaries of 176
the proposed district if an amended petition 177
meeting the requirements of subsection 2 of this 178 SCS HB 199 66
section is filed with the municipal clerk at the 179
following times and the following requirements 180
have been met: 181
(1) At any time prior to the close of the 182
public hearing required pursuant to subsection 1 183
of this section; provided that, notice of the 184
contents of the amended petition is given at the 185
public hearing; 186
(2) At any time after the public hearing 187
and prior to the adoption of an ordinance 188
establishing the proposed district; provided 189
that, notice of the amendments to the petition 190
is given by publishing the notice in a newspaper 191
of general circulation within the municipality 192
and by sending the notice via registered 193
certified United States mail with a return 194
receipt attached to the address of record of 195
each owner of record of real property within the 196
boundaries of the proposed district per the tax 197
records of the county clerk, or the collector of 198
revenue if the district is located in a city not 199
within a county. Such notice shall be published 200
and mailed not less than ten days prior to the 201
adoption of the ordinance establishing the 202
district. Such notice shall also be sent to the 203
Missouri department of revenue, which shall 204
publish such notice on its website; 205
(3) At any time after the adoption of any 206
ordinance establishing the district a public 207
hearing on the amended petition is held and 208
notice of the public hearing is given in the 209
manner provided in section 67.1431 and the 210
governing body of the municipality in which the 211
district is located adopts an ordinance 212
approving the amended petition after the public 213
hearing is held. 214
6. Upon the creation of a district, the 215
municipal clerk shall report in writing the 216
creation of such district to the Missouri 217
department of economic development and the state 218
auditor. 219
7. (1) The governing body of the 220
municipality or county establishing a district 221
or the governing body of such district shall, as 222 SCS HB 199 67
soon as is practicable, submit the following 223
information to the state auditor and the 224
department of revenue: 225
(a) A description of the boundaries of 226
such district as well as the rate of property 227
tax or sales tax levied in such district; 228
(b) Any amendments made to the boundaries 229
of a district or the tax rates levied in such 230
district; and 231
(c) The date on which the district is to 232
expire unless sooner terminated. 233
(2) The governing body of a community 234
improvement district established on or after 235
August 28, 2022, shall not order any assessment 236
to be made on any real property located within a 237
district and shall not levy any property or 238
sales tax until the information required by 239
paragraph (a) of subdivision (1) of this 240
subsection has been submitted.] 241
67.1421. 1. Upon receipt of a proper petition filed 1
with its municipal clerk, the governing body of the 2
municipality in which the proposed district is located shall 3
hold a public hearing in accordance with section 67.1431 and 4
may adopt an ordinance to establish the proposed district. 5
2. A petition is proper if, based on the tax records 6
of the county clerk, or the collector of revenue if the 7
district is located in a city not within a county, as of the 8
time of filing the petition with the municipal clerk, it 9
meets the following requirements: 10
(1) It has been signed by property owners collectively 11
owning more than fifty percent by assessed value of the real 12
property within the boundaries of the proposed district; 13
(2) It has been signed by more than fifty percent per 14
capita of all owners of real property within the boundaries 15
of the proposed district; and 16
(3) It contains the following information: 17 SCS HB 199 68
(a) The legal description of the proposed district, 18
including a map illustrating the district boundaries; 19
(b) The name of the proposed district; 20
(c) A notice that the signatures of the signers may 21
not be withdrawn later than seven days after the petition is 22
filed with the municipal clerk; 23
(d) A five-year plan stating a description of the 24
purposes of the proposed district, the services it will 25
provide, each improvement it will make from the list of 26
allowable improvements under section 67.1461, an estimate of 27
the costs of these services and improvements to be incurred, 28
the anticipated sources of funds to pay the costs, and the 29
anticipated term of the sources of funds to pay the costs; 30
(e) A statement as to whether the district will be a 31
political subdivision or a not-for-profit corporation and if 32
it is to be a not-for-profit corporation, the name of the 33
not-for-profit corporation; 34
(f) If the district is to be a political subdivision, 35
a statement as to whether the district will be governed by a 36
board elected by the district or whether the board will be 37
appointed by the municipality, and, if the board is to be 38
elected by the district, the names and terms of the initial 39
board may be stated; 40
(g) If the district is to be a political subdivision, 41
the number of directors to serve on the board; 42
(h) The total assessed value of all real property 43
within the proposed district; 44
(i) A statement as to whether the petitioners are 45
seeking a determination that the proposed district, or any 46
legally described portion thereof, is a blighted area; 47
(j) The proposed length of time for the existence of 48
the district, which in the case of districts established 49 SCS HB 199 69
after August 28, 2021, shall not exceed twenty-seven years 50
from the adoption of the ordinance establishing the district 51
unless the municipality extends the length of time under 52
section 67.1481; 53
(k) The maximum rates of real property taxes, and, 54
business license taxes in the county seat of a county of the 55
first classification without a charter form of government 56
containing a population of at least two hundred thousand, 57
that may be submitted to the qualified voters for approval; 58
(l) The maximum rates of special assessments and 59
respective methods of assessment that may be proposed by 60
petition; 61
(m) The limitations, if any, on the borrowing capacity 62
of the district; 63
(n) The limitations, if any, on the revenue generation 64
of the district; 65
(o) Other limitations, if any, on the powers of the 66
district; 67
(p) A request that the district be established; and 68
(q) Any other items the petitioners deem appropriate; 69
(4) The signature block for each real property owner 70
signing the petition shall be in substantially the following 71
form and contain the following information: 72
73 Name of owner: ______
74
75
Owner's telephone number and mailing address:
______
76 If signer is different from owner:
77 Name of signer: ______
78 State basis of legal authority to sign: ______
79
80
Signer's telephone number and mailing address:
______
SCS HB 199 70
(5) Alternatively, the governing body of any home rule 109
city with more than four hundred thousand inhabitants and 110
located in more than one county may file a petition to 111
initiate the process to establish a district in the portion 112
of the city located in any county of the first 113
81
82
If the owner is an individual, state if owner is
single or married: _____
83
84
If owner is not an individual, state what type of
entity: ______
85
86
87
Map and parcel number and assessed value of each
tract of real property within the proposed district
owned: ______
88
89
90
91
By executing this petition, the undersigned
represents and warrants that he or she is
authorized to execute this petition on behalf of
the property owner named immediately above
92
93
________________ _________________
94
95
Signature of
person
Date
96
97
signing for
owner
98 STATE OF MISSOURI )
99 ) ss.
100 COUNTY OF ______ )
101
102
103
Before me personally appeared ______, to me
personally known to be the individual described in and who executed the foregoing instrument.
104
105
WITNESS my hand and official seal this ______ day
of ______ (month), ______ (year).
106 _________________________
107 Notary Public
108 My Commission Expires: ______ ; [and] SCS HB 199 71
classification with more than two hundred thousand but fewer 114
than two hundred sixty thousand inhabitants containing the 115
information required in subdivision (3) of this subsection; 116
provided that the only funding methods for the services and 117
improvements will be a real property tax; and 118
(6) (a) As used in this subdivision, "entertainment 119
district" means an area located in a city not within a 120
county, in the area locally known as the city's downtown or 121
central business district, that contains a minimum of one 122
hundred acres and a combination of entertainment venues 123
including, but not limited to, venues such as arenas, 124
amusement centers, auditoriums, athletic facilities, bars, 125
hotels, concert halls, convention facilities, music venues, 126
nightclubs, restaurants, and other entertainment facilities. 127
(b) Notwithstanding any other provision of this 128
section to the contrary, if the district established is to 129
be an entertainment district, the requirement in subdivision 130
(2) of subsection 2 of this section shall not apply. 131
3. Upon receipt of a petition the municipal clerk 132
shall, within a reasonable time not to exceed ninety days 133
after receipt of the petition, review and determine whether 134
the petition substantially complies with the requirements of 135
subsection 2 of this section. In the event the municipal 136
clerk receives a petition which does not meet the 137
requirements of subsection 2 of this section, the municipal 138
clerk shall, within a reasonable time, return the petition 139
to the submitting party by hand delivery, first class mail, 140
postage prepaid or other efficient means of return and shall 141
specify which requirements have not been met. 142
4. After the close of the public hearing required 143
pursuant to subsection 1 of this section, the governing body 144
of the municipality may adopt an ordinance approving the 145 SCS HB 199 72
petition and establishing a district as set forth in the 146
petition and may determine, if requested in the petition, 147
whether the district, or any legally described portion 148
thereof, constitutes a blighted area. If the petition was 149
filed by the governing body of a municipality pursuant to 150
subdivision (5) of subsection 2 of this section, after the 151
close of the public hearing required pursuant to subsection 152
1 of this section, the petition may be approved by the 153
governing body and an election shall be called pursuant to 154
section 67.1422. 155
5. Amendments to a petition may be made which do not 156
change the proposed boundaries of the proposed district if 157
an amended petition meeting the requirements of subsection 2 158
of this section is filed with the municipal clerk at the 159
following times and the following requirements have been met: 160
(1) At any time prior to the close of the public 161
hearing required pursuant to subsection 1 of this section; 162
provided that, notice of the contents of the amended 163
petition is given at the public hearing; 164
(2) At any time after the public hearing and prior to 165
the adoption of an ordinance establishing the proposed 166
district; provided that, notice of the amendments to the 167
petition is given by publishing the notice in a newspaper of 168
general circulation within the municipality and by sending 169
the notice via registered certified United States mail with 170
a return receipt attached to the address of record of each 171
owner of record of real property within the boundaries of 172
the proposed district per the tax records of the county 173
clerk, or the collector of revenue if the district is 174
located in a city not within a county. Such notice shall be 175
published and mailed not less than ten days prior to the 176
adoption of the ordinance establishing the district; 177 SCS HB 199 73
(3) At any time after the adoption of any ordinance 178
establishing the district a public hearing on the amended 179
petition is held and notice of the public hearing is given 180
in the manner provided in section 67.1431 and the governing 181
body of the municipality in which the district is located 182
adopts an ordinance approving the amended petition after the 183
public hearing is held. 184
6. Upon the creation of a district, the municipal 185
clerk shall report in writing the creation of such district 186
to the Missouri department of economic development and the 187
state auditor. 188
67.1461. 1. Each district shall have all the powers, 1
except to the extent any such power has been limited by the 2
petition approved by the governing body of the municipality 3
to establish the district, necessary to carry out and 4
effectuate the purposes and provisions of sections 67.1401 5
to 67.1571 including, but not limited to, the following: 6
(1) To adopt, amend, and repeal bylaws, not 7
inconsistent with sections 67.1401 to 67.1571, necessary or 8
convenient to carry out the provisions of sections 67.1401 9
to 67.1571; 10
(2) To sue and be sued; 11
(3) To make and enter into contracts and other 12
instruments, with public and private entities, necessary or 13
convenient to exercise its powers and carry out its duties 14
pursuant to sections 67.1401 to 67.1571; 15
(4) To accept grants, guarantees and donations of 16
property, labor, services, or other things of value from any 17
public or private source; 18
(5) To employ or contract for such managerial, 19
engineering, legal, technical, clerical, accounting, or 20
other assistance as it deems advisable; 21 SCS HB 199 74
(6) To acquire by purchase, lease, gift, grant, 22
bequest, devise, or otherwise, any real property within its 23
boundaries, personal property, or any interest in such 24
property; 25
(7) To sell, lease, exchange, transfer, assign, 26
mortgage, pledge, hypothecate, or otherwise encumber or 27
dispose of any real or personal property or any interest in 28
such property; 29
(8) To levy and collect special assessments and taxes 30
as provided in sections 67.1401 to 67.1571. However, no 31
such assessments or taxes shall be levied on any property 32
exempt from taxation pursuant to subdivision (5) of section 33
137.100. Those exempt pursuant to subdivision (5) of 34
section 137.100 may voluntarily participate in the 35
provisions of sections 67.1401 to 67.1571; 36
(9) If the district is a political subdivision, to 37
levy real property taxes and business license taxes in the 38
county seat of a county of the first classification 39
containing a population of at least two hundred thousand, as 40
provided in sections 67.1401 to 67.1571. However, no such 41
assessments or taxes shall be levied on any property exempt 42
from taxation pursuant to subdivisions (2) and (5) of 43
section 137.100. Those exempt pursuant to subdivisions (2) 44
and (5) of section 137.100 may voluntarily participate in 45
the provisions of sections 67.1401 to 67.1571; 46
(10) If the district is a political subdivision, to 47
levy sales taxes pursuant to sections 67.1401 to 67.1571; 48
(11) To fix, charge, and collect fees, rents, and 49
other charges for use of any of the following: 50
(a) The district's real property, except for public 51
rights-of-way for utilities; 52 SCS HB 199 75
(b) The district's personal property, except in a city 53
not within a county; or 54
(c) Any of the district's interests in such real or 55
personal property, except for public rights-of-way for 56
utilities; 57
(12) To borrow money from any public or private source 58
and issue obligations and provide security for the repayment 59
of the same as provided in sections 67.1401 to 67.1571; 60
(13) To loan money as provided in sections 67.1401 to 61
67.1571; 62
(14) To make expenditures, create reserve funds, and 63
use its revenues as necessary to carry out its powers or 64
duties and the provisions and purposes of sections 67.1401 65
to 67.1571; 66
(15) To enter into one or more agreements with the 67
municipality for the purpose of abating any public nuisance 68
within the boundaries of the district including, but not 69
limited to, the stabilization, repair or maintenance or 70
demolition and removal of buildings or structures, provided 71
that the municipality has declared the existence of a public 72
nuisance; 73
(16) Within its boundaries, to provide assistance to 74
or to construct, reconstruct, install, repair, maintain, and 75
equip any of the following public improvements: 76
(a) Pedestrian or shopping malls and plazas; 77
(b) Parks, lawns, trees, and any other landscape; 78
(c) Convention centers, arenas, aquariums, aviaries, 79
and meeting facilities; 80
(d) Sidewalks, streets, alleys, bridges, ramps, 81
tunnels, overpasses and underpasses, traffic signs and 82
signals, utilities, drainage, water, storm and sewer 83
systems, and other site improvements; 84 SCS HB 199 76
(e) Parking lots, garages, or other facilities; 85
(f) Lakes, dams, and waterways; 86
(g) Streetscape, lighting, benches or other seating 87
furniture, trash receptacles, marquees, awnings, canopies, 88
walls, and barriers; 89
(h) Telephone and information booths, bus stop and 90
other shelters, rest rooms, and kiosks; 91
(i) Paintings, murals, display cases, sculptures, and 92
fountains; 93
(j) Music, news, and child-care facilities; and 94
(k) Any other useful, necessary, or desired public 95
improvement specified in the petition or any amendment; 96
(17) To dedicate to the municipality, with the 97
municipality's consent, streets, sidewalks, parks, and other 98
real property and improvements located within its boundaries 99
for public use; 100
(18) Within its boundaries and with the municipality's 101
consent, to prohibit or restrict vehicular and pedestrian 102
traffic and vendors on streets, alleys, malls, bridges, 103
ramps, sidewalks, and tunnels and to provide the means for 104
access by emergency vehicles to or in such areas; 105
(19) Within its boundaries, to operate or to contract 106
for the provision of music, news, child-care, or parking 107
facilities, and buses, minibuses, or other modes of 108
transportation; 109
(20) Within its boundaries, to lease space for 110
sidewalk café tables and chairs; 111
(21) Within its boundaries, to provide or contract for 112
the provision of security personnel, equipment, or 113
facilities for the protection of property and persons; 114 SCS HB 199 77
(22) Within its boundaries, to provide or contract for 115
cleaning, maintenance, and other services to public and 116
private property; 117
(23) To produce and promote any tourism, recreational 118
or cultural activity or special event in the district by, 119
but not limited to, advertising, decoration of any public 120
place in the district, promotion of such activity and 121
special events, and furnishing music in any public place; 122
(24) To support business activity and economic 123
development in the district including, but not limited to, 124
the promotion of business activity, development and 125
retention, and the recruitment of developers and businesses; 126
(25) To provide or support training programs for 127
employees of businesses within the district; 128
(26) To provide refuse collection and disposal 129
services within the district; 130
(27) To contract for or conduct economic, planning, 131
marketing or other studies; 132
(28) To repair, restore, or maintain any abandoned 133
cemetery on public or private land within the district; and 134
(29) To partner with a telecommunications company or 135
broadband service provider in order to construct or improve 136
telecommunications facilities which shall be wholly owned 137
and operated by the telecommunications company or broadband 138
service provider, as the terms "telecommunications company" 139
and "telecommunications facilities" are defined in section 140
386.020 and subject to the provisions of section 392.410, 141
that are in an unserved or underserved area, as defined in 142
section 620.2450. Before any facilities are improved or 143
constructed as a result of this section, the area shall be 144
certified as unserved or underserved by the director of 145 SCS HB 199 78
broadband development within the department of economic 146
development; 147
(30) To carry out any other powers set forth in 148
sections 67.1401 to 67.1571. 149
2. Each district which is located in a blighted area 150
or which includes a blighted area shall have the following 151
additional powers: 152
(1) Within its blighted area, to contract with any 153
private property owner to demolish and remove, renovate, 154
reconstruct, or rehabilitate any building or structure owned 155
by such private property owner; and 156
(2) To expend its revenues or loan its revenues 157
pursuant to a contract entered into pursuant to this 158
subsection, provided that the governing body of the 159
municipality has determined that the action to be taken 160
pursuant to such contract is reasonably anticipated to 161
remediate the blighting conditions and will serve a public 162
purpose. 163
3. (1) Each district that is an entertainment 164
district as defined in section 67.1421 shall have the power 165
to hire and train individuals who are peace officers 166
certified by the POST commission, as such terms are defined 167
in section 590.010, to enforce the laws and rules of the 168
state, the municipality, the district, and any other 169
political subdivision with territory within such 170
entertainment district including, but not limited to, laws 171
and rules relating to curfews, unaccompanied minors, public 172
spaces, the operation of motor vehicles, and other matters 173
of public safety within such entertainment district. 174
(2) No district that is an entertainment district as 175
defined in section 67.1421 shall impose any tax under 176
sections 67.1401 to 67.1571 or any other provision of law. 177 SCS HB 199 79
(3) Subdivision (2) of this subsection shall not be 178
construed to prohibit a political subdivision that is not 179
the entertainment district from imposing or administering 180
any new or existing tax under state law within the 181
boundaries of the entertainment district. 182
4. Each district shall annually reimburse the 183
municipality for the reasonable and actual expenses incurred 184
by the municipality to establish such district and review 185
annual budgets and reports of such district required to be 186
submitted to the municipality; provided that, such annual 187
reimbursement shall not exceed one and one-half percent of 188
the revenues collected by the district in such year. 189
[4.] 5. Nothing in sections 67.1401 to 67.1571 shall 190
be construed to delegate to any district any sovereign right 191
of municipalities to promote order, safety, health, morals, 192
and general welfare of the public, except those such police 193
powers, if any, expressly delegated pursuant to sections 194
67.1401 to 67.1571. 195
[5.] 6. The governing body of the municipality 196
establishing the district shall not decrease the level of 197
publicly funded services in the district existing prior to 198
the creation of the district or transfer the financial 199
burden of providing the services to the district unless the 200
services at the same time are decreased throughout the 201
municipality, nor shall the governing body discriminate in 202
the provision of the publicly funded services between areas 203
included in such district and areas not so included. 204
[6.] 7. All construction contracts entered into after 205
August 28, 2021, in excess of five thousand dollars between 206
a district that has adopted a sales tax and any private 207
person, firm, or corporation shall be competitively bid and 208
shall be awarded to the lowest and best bidder. Notice of 209 SCS HB 199 80
the letting of the contracts shall be given in the manner 210
provided by section 8.250. 211
67.1505. 1. As used in this section, the following 1
terms mean: 2
(1) "Entertainment tourism", activities, services, and 3
experiences designed for leisure and enjoyment centered on 4
athletic, recreational, and cultural events, attractions, 5
and enrichment, sponsored by any public or private entity, 6
the provision and enhancement of public safety and the 7
provision of financial assistance to attract sporting 8
events, recreational, entertainment, or other meeting 9
activities, either professional or amateur, commercial or 10
private; 11
(2) "State department", the office of administration 12
and each department created under Article IV, Section 12 of 13
the Constitution of Missouri, excluding the statewide 14
elected officials listed in such section. 15
2. The state of Missouri hereby acknowledges the vital 16
role entertainment tourism plays in fostering the state's 17
economic growth, providing substantial revenue, creating 18
jobs, and enhancing the state's cultural and social vitality. 19
3. (1) Each state department may, upon such terms and 20
with reasonable consideration as such state departments may 21
determine, expend funds for the purpose of promoting, 22
developing, and supporting entertainment tourism within any 23
district designated as an entertainment district under 24
section 67.1421 and for which application is made and 25
approved by the department of economic development no later 26
than August 28, 2027. 27
(2) Any annual expenditure by a state department for 28
entertainment tourism shall be limited to a portion of tax 29
revenues derived directly or indirectly from any such 30 SCS HB 199 81
promotion, development, and support of entertainment tourism 31
supported by such annual expenditure within such designated 32
entertainment district, as stated in an agreement entered 33
into between the district and the state department, subject 34
to the following: 35
(a) The term of state appropriations under any such 36
agreement shall not exceed twenty-seven years; 37
(b) The annual amount of the state appropriations 38
authorized under this section shall not exceed two million 39
five hundred thousand dollars per year for any fiscal year 40
ending on or before June 30, 2031, and four million five 41
hundred thousand dollars per year for any fiscal year 42
thereafter. No such appropriation shall be made prior to 43
July 1, 2026; 44
(c) Any such promotion, development, and support of 45
entertainment tourism shall be determined to produce a 46
positive net fiscal impact for the state over the term of 47
such agreement, with such public or private assurances as 48
the director of the department of economic development may 49
reasonably require; and 50
(d) The director of the department of economic 51
development shall make an annual written report on behalf of 52
such department to the governor and the general assembly 53
within ninety days of the end of each fiscal year detailing 54
whether such promotion, development, and support of 55
entertainment tourism produced a positive net fiscal impact 56
for the state in the prior fiscal year and projecting the 57
overall net fiscal impact to the state over the term of such 58
agreement. 59
67.2500. 1. A theater, cultural arts, and 1
entertainment district may be established in the manner 2
provided in section 67.2505 by the governing body of any 3 SCS HB 199 82
county, city, town, or village that has adopted transect- 4
based zoning under chapter 89, any county described in this 5
subsection, or any city, town, or village that is within 6
such counties: 7
(1) Any county with a charter form of government and 8
with more than two hundred fifty thousand but less than 9
three hundred fifty thousand inhabitants; 10
(2) Any county of the first classification with more 11
than ninety-three thousand eight hundred but fewer than 12
ninety-three thousand nine hundred inhabitants; 13
(3) Any county of the first classification with more 14
than one hundred eighty-four thousand but fewer than one 15
hundred eighty-eight thousand inhabitants; 16
(4) Any county with a charter form of government and 17
with more than six hundred thousand but fewer than seven 18
hundred thousand inhabitants; 19
(5) Any county of the first classification with more 20
than one hundred thirty-five thousand four hundred but fewer 21
than one hundred thirty-five thousand five hundred 22
inhabitants; 23
(6) Any county of the first classification with more 24
than one hundred four thousand six hundred but fewer than 25
one hundred four thousand seven hundred inhabitants; 26
(7) Any county of the first classification with more 27
than eighty-three thousand but fewer than ninety-two 28
thousand inhabitants and with a home rule city with more 29
than seventy-six thousand but fewer than ninety-one thousand 30
inhabitants as the county seat; or 31
(8) Any county that borders on or that contains part 32
of a lake with at least one thousand miles of shoreline. 33
2. Sections 67.2500 to 67.2530 shall be known as the 34
"Theater, Cultural Arts, and Entertainment District Act". 35 SCS HB 199 83
3. As used in sections 67.2500 to 67.2530, the 36
following terms mean: 37
(1) "District", a theater, cultural arts, and 38
entertainment district organized under this section; 39
(2) "Qualified electors", "qualified voters", or 40
"voters", registered voters residing within the district or 41
subdistrict, or proposed district or subdistrict, who have 42
registered to vote pursuant to chapter 115 or, if there are 43
no persons eligible to be registered voters residing in the 44
district or subdistrict, proposed district or subdistrict, 45
property owners, including corporations and other entities, 46
that are owners of real property; 47
(3) "Registered voters", persons qualified and 48
registered to vote pursuant to chapter 115; and 49
(4) "Subdistrict", a subdivision of a district, but 50
not a separate political subdivision, created for the 51
purposes specified in subsection 5 of section 67.2505. 52
67.5050. 1. As used in this section, the following 1
terms mean: 2
(1) "Construction manager", the legal entity that 3
proposes to enter into a construction [management-at-risk] 4
manager-at-risk contract under this section; 5
(2) "Construction manager-at-risk", a sole 6
proprietorship, partnership, corporation, or other legal 7
entity that assumes the risk for the construction, 8
rehabilitation, alteration, or repair of a project at the 9
contracted price as a general contractor and provides 10
consultation to a political subdivision regarding 11
construction during and after the design of the project. 12
2. Any political subdivision may use the construction 13
manager-at-risk method for: civil works projects such as 14
roads, streets, bridges, utilities, water supply projects, 15 SCS HB 199 84
water plants, wastewater plants, water distribution and 16
wastewater conveyance facilities, airport runways and 17
taxiways, storm drainage and flood control projects, or 18
transit projects commonly designed by professional engineers 19
in excess of two million dollars; and noncivil works 20
projects such as buildings, site improvements, and other 21
structures, habitable or not, commonly designed by 22
architects in excess of three million dollars. In using 23
that method and in entering into a contract for the services 24
of a construction manager-at-risk, the political subdivision 25
shall follow the procedures prescribed by this section. 26
3. The political subdivision shall publicly disclose 27
at a regular meeting its intent to utilize the construction 28
[management at-risk] manager-at-risk method and its 29
selection criteria at least one week prior to publishing the 30
request for qualifications. Before or concurrently with 31
selecting a construction manager-at-risk, the political 32
subdivision shall select or designate an engineer or 33
architect who shall prepare the construction documents for 34
the project and who shall comply with all state laws, as 35
applicable. If the engineer or architect is not a full-time 36
employee of the political subdivision, the political 37
subdivision shall select the engineer or architect on the 38
basis of demonstrated competence and qualifications as 39
provided by sections 8.285 to 8.291. The political 40
subdivision's engineer or architect for a project may not 41
serve, alone or in combination with another, as the 42
construction manager-at-risk. This subsection does not 43
prohibit a political subdivision's engineer or architect 44
from providing customary construction phase services under 45
the engineer's or architect's original professional service 46
agreement in accordance with applicable licensing laws. 47 SCS HB 199 85
4. The political subdivision may provide or contract 48
for, independently of the construction manager-at-risk, 49
inspection services, testing of construction materials, 50
engineering, and verification of testing services necessary 51
for acceptance of the project by the political subdivision. 52
5. The political subdivision shall select the 53
construction manager-at-risk in a two-step process. The 54
political subdivision shall prepare a request for 55
qualifications, for the case of the first step of the two- 56
step process, that includes general information on the 57
project site, project scope, schedule, selection criteria, 58
and the time and place for receipt of proposals or 59
qualifications, as applicable, and other information that 60
may assist the political subdivision in its selection of a 61
construction manager-at-risk. The political subdivision 62
shall state the selection criteria in the request for 63
proposals or qualifications, as applicable. The selection 64
criteria may include the construction manager's experience, 65
past performance, safety record, proposed personnel and 66
methodology, and other appropriate factors that demonstrate 67
the capability of the construction manager-at-risk. The 68
political subdivision shall not request fees or prices in 69
step one. In step two, the political subdivision may 70
request that five or fewer construction managers, selected 71
solely on the basis of qualifications, provide additional 72
information, including the construction manager-at-risk's 73
proposed fee and its price for fulfilling the general 74
conditions. Qualifications shall account for a minimum of 75
forty percent of the evaluation. Cost shall account for a 76
maximum of sixty percent of the evaluation. 77
6. The political subdivision shall publish the request 78
for proposals or qualifications by publication in a 79 SCS HB 199 86
newspaper of general circulation published in the county 80
where the political subdivision is located once a week for 81
two consecutive weeks prior to opening the proposals or 82
qualifications submissions or by a virtual notice procedure 83
that notifies interested parties for at least twenty various 84
purchases, design contracts, construction contracts, or 85
other contracts each year for the political subdivision. 86
7. For each step, the political subdivision shall 87
receive, publicly open, and read aloud the names of the 88
construction managers. Within forty-five days after the 89
date of opening the proposals or qualification submissions, 90
the political subdivision or its representative shall 91
evaluate and rank each proposal or qualification submission 92
submitted in relation to the criteria set forth in the 93
request for proposals or request for qualifications. The 94
political subdivision shall interview at least two of the 95
top qualified offerors as part of the final selection. 96
8. The political subdivision or its representative 97
shall select the construction manager that submits the 98
proposal that offers the best value for the political 99
subdivision based on the published selection criteria and on 100
its ranking evaluation. The political subdivision or its 101
representative shall first attempt to negotiate a contract 102
with the selected construction manager. If the political 103
subdivision or its representative is unable to negotiate a 104
satisfactory contract with the selected construction 105
manager, the political subdivision or its representative 106
shall, formally and in writing, end negotiations with that 107
construction manager and proceed to negotiate with the next 108
construction manager in the order of the selection ranking 109
until a contract is reached or negotiations with all ranked 110
construction managers end. 111 SCS HB 199 87
9. A construction manager-at-risk shall publicly 112
advertise, in the manner prescribed by chapter 50, and 113
receive bids or proposals from trade contractors or 114
subcontractors for the performance of all major elements of 115
the work other than the minor work that may be included in 116
the general conditions. A construction manager-at-risk may 117
seek to perform portions of the work itself if the 118
construction manager-at-risk submits its sealed bid or 119
sealed proposal for those portions of the work in the same 120
manner as all other trade contractors or subcontractors. 121
All sealed bids or proposals shall be submitted at the time 122
and location as specified in the advertisement for bids or 123
proposals and shall be publicly opened and the identity of 124
each bidder and their bid amount shall be read aloud. The 125
political subdivision shall have the authority to restrict 126
the construction manager-at-risk from submitting bids to 127
perform portions of the work. 128
10. The construction manager-at-risk and the political 129
subdivision or its representative shall review all trade 130
contractor, subcontractor, or construction manager-at-risk 131
bids or proposals in a manner that does not disclose the 132
contents of the bid or proposal during the selection process 133
to a person not employed by the construction manager-at- 134
risk, engineer, architect, or political subdivision involved 135
with the project. If the construction manager-at-risk 136
submitted bids or proposals, the political subdivision shall 137
determine if the construction manager-at-risk's bid or 138
proposal offers the best value for the political 139
subdivision. After all proposals have been evaluated and 140
clarified, the award of all subcontracts shall be made 141
public. 142 SCS HB 199 88
11. If the construction manager-at-risk reviews, 143
evaluates, and recommends to the political subdivision a bid 144
or proposal from a trade contractor or subcontractor but the 145
political subdivision requires another bid or proposal to be 146
accepted, the political subdivision shall compensate the 147
construction manager-at-risk by a change in price, time, or 148
guaranteed maximum cost for any additional cost and risk 149
that the construction manager-at-risk may incur because of 150
the political subdivision's requirement that another bid or 151
proposal be accepted. 152
12. If a selected trade contractor or subcontractor 153
materially defaults in the performance of its work or fails 154
to execute a subcontract after being selected in accordance 155
with this section, the construction manager-at-risk may 156
itself, without advertising, fulfill the contract 157
requirements or select a replacement trade contractor or 158
subcontractor to fulfill the contract requirements. The 159
penal sums of the performance and payment bonds delivered to 160
the political subdivision shall each be in an amount equal 161
to the fixed contract amount or guaranteed maximum price. 162
The construction manager-at-risk shall deliver the bonds not 163
later than the tenth day after the date the fixed contract 164
amount or guaranteed maximum price is established. 165
13. Any political subdivision engaged in a project 166
under this section, which impacts a railroad regulated by 167
the Federal Railroad Administration, shall consult with the 168
affected railroad on required specifications relating to 169
clearance, safety, insurance, and indemnification to be 170
included in the construction documents for such project. 171
14. This section shall not apply to: 172
(1) Any metropolitan sewer district established under 173
Article VI, Section 30(a) of the Constitution of Missouri; 174 SCS HB 199 89
(2) Any special charter city, or any city or county 175
governed by home rule under Article VI, [Section 18] 176
Sections 18(a) to 18(r) or 19 of the Constitution of 177
Missouri that has adopted a construction manager-at-risk 178
method via ordinance, rule or regulation. 179
[15. Notwithstanding the provisions of section 23.253 180
to the contrary, the provisions of this section shall expire 181
September 1, 2026.] 182
67.5060. 1. As used in this section, the following 1
terms mean: 2
(1) "Design-build", a project delivery method subject 3
to a three-stage qualifications-based selection for which 4
the design and construction services are furnished under one 5
contract; 6
(2) "Design-build contract", a contract which is 7
subject to a three-stage qualifications-based selection 8
process similar to that described in sections 8.285 to 8.291 9
between a political subdivision and a design-builder to 10
furnish the architectural, engineering, and related design 11
services and the labor, materials, supplies, equipment, and 12
other construction services required for a design-build 13
project; 14
(3) "Design-build project", the design, construction, 15
alteration, addition, remodeling, or improvement of any 16
buildings or facilities under contract with a political 17
subdivision. Such design-build projects include, but are 18
not limited to: 19
(a) Civil works projects, such as roads, streets, 20
bridges, utilities, airport runways and taxiways, storm 21
drainage and flood control projects, or transit projects; and 22
(b) Noncivil works projects, such as buildings, site 23
improvements, and other structures, habitable or not, 24 SCS HB 199 90
commonly designed by architects in excess of seven million 25
dollars; 26
(4) "Design-builder", any individual, partnership, 27
joint venture, or corporation subject to a qualification- 28
based selection that offers to provide or provides design 29
services and general contracting services through a design- 30
build contract in which services within the scope of the 31
practice of professional architecture or engineering are 32
performed respectively by a licensed architect or licensed 33
engineer and in which services within the scope of general 34
contracting are performed by a general contractor or other 35
legal entity that furnishes architecture or engineering 36
services and construction services either directly or 37
through subcontracts or joint ventures; 38
(5) "Design criteria consultant", a person, 39
corporation, partnership, or other legal entity duly 40
licensed and authorized to practice architecture or 41
professional engineering in this state under chapter 327 who 42
is employed by or contracted by the political subdivision to 43
assist the political subdivision in the development of 44
project design criteria, requests for proposals, evaluation 45
of proposals, the evaluation of the construction under a 46
design-build contract to determine adherence to the design 47
criteria, and any additional services requested by the 48
political [subdivisions] subdivision to represent its 49
interests in relation to a project. The design criteria 50
consultant may not submit a proposal or furnish design or 51
construction services for the design-build contract for 52
which its services were sought; 53
(6) "Design criteria package", performance-oriented 54
program, scope, and specifications for the design-build 55
project sufficient to permit a design-builder to prepare a 56 SCS HB 199 91
response to a political subdivision's request for proposals 57
for a design-build project, which may include capacity, 58
durability, standards, ingress and egress requirements, 59
performance requirements, description of the site, surveys, 60
soil and environmental information concerning the site, 61
interior space requirements, material quality standards, 62
design and construction schedules, site development 63
requirements, provisions for utilities, storm water 64
retention and disposal, parking requirements, applicable 65
governmental code requirements, preliminary designs for the 66
project or portions thereof, and other criteria for the 67
intended use of the project; 68
(7) "Design professional services", services that are: 69
(a) Within the practice of architecture as defined in 70
section 327.091, or within the practice of professional 71
engineering as defined in section 327.181; or 72
(b) Performed by a licensed or authorized architect or 73
professional engineer in connection with the architect's or 74
professional engineer's employment or practice; 75
(8) "Proposal", an offer in response to a request for 76
proposals by a design-builder to enter into a design-build 77
contract for a design-build project under this section; 78
(9) "Request for proposal", the document by which the 79
political subdivision solicits proposals for a design-build 80
contract; 81
(10) "Stipend", an amount paid to the unsuccessful but 82
responsive, short-listed design-builders to defray the cost 83
of participating in phase II of the selection process 84
described in this section. 85
2. In using a design-build contract, the political 86
subdivision shall determine the scope and level of detail 87
required to permit qualified persons to submit proposals in 88 SCS HB 199 92
accordance with the request for proposals given the nature 89
of the project. 90
3. A design criteria consultant shall be employed or 91
retained by the political subdivision to assist in 92
preparation of the design criteria package and request for 93
proposal, perform periodic site visits to observe adherence 94
to the design criteria, prepare progress reports, review and 95
approve progress and final pay applications of the design- 96
builder, review shop drawings and submissions, provide input 97
in disputes, help interpret the construction documents, 98
perform inspections upon substantial and final completion, 99
assist in warranty inspections, and provide any other 100
professional service assisting with the project 101
administration. The design criteria consultant may also 102
evaluate construction as to the adherence of the design 103
criteria. The consultant shall be selected and its contract 104
negotiated in compliance with sections 8.285 to 8.291 unless 105
the consultant is a direct employee of the political 106
subdivision. 107
4. The political subdivision shall publicly disclose 108
at a regular meeting its intent to utilize the design-build 109
method and its project design criteria at least one week 110
prior to publishing the request for proposals. Notice of 111
requests for proposals shall be advertised by publication in 112
a newspaper of general circulation published in the county 113
where the political subdivision is located once a week for 114
two consecutive weeks prior to opening the proposals, or by 115
a virtual notice procedure that notifies interested parties 116
for at least twenty various purchases, design contracts, 117
construction contracts, or other contracts each year for the 118
political subdivision. The political subdivision shall 119
publish a notice of a request for proposal with a 120 SCS HB 199 93
description of the project, the procedures for submission, 121
and the selection criteria to be used. 122
5. The political subdivision shall establish in the 123
request for proposal a time, place, and other specific 124
instructions for the receipt of proposals. Proposals not 125
submitted in strict accordance with the instructions shall 126
be subject to rejection. 127
6. A request for proposal shall be prepared for each 128
design-build contract containing at minimum the following 129
elements: 130
(1) The procedures to be followed for submitting 131
proposals, the criteria for evaluating proposals and their 132
relative weight, and the procedures for making awards; 133
(2) The proposed terms and conditions for the design- 134
build contract, if available; 135
(3) The design criteria package; 136
(4) A description of the drawings, specifications, or 137
other information to be submitted with the proposal, with 138
guidance as to the form and level of completeness of the 139
drawings, specifications, or other information that will be 140
acceptable; 141
(5) A schedule for planned commencement and completion 142
of the design-build contract, if any; 143
(6) Budget limits for the design-build contract, if 144
any; 145
(7) Requirements including any available ratings for 146
performance bonds, payment bonds, and insurance, if any; 147
(8) The amount of the stipend which will be available; 148
and 149
(9) Any other information that the political 150
subdivision in its discretion chooses to supply including, 151
but not limited to, surveys, soil reports, drawings of 152 SCS HB 199 94
existing structures, environmental studies, photographs, 153
references to public records, or affirmative action and 154
minority business enterprise requirements consistent with 155
state and federal law. 156
7. The political subdivision shall solicit proposals 157
in a three-stage process. Phase I shall be the solicitation 158
of qualifications of the design-build team. Phase II shall 159
be the solicitation of a technical proposal including 160
conceptual design for the project. Phase III shall be the 161
proposal of the construction cost. 162
8. The political subdivision shall review the 163
submissions of the proposals and assign points to each 164
proposal in accordance with this section and as set out in 165
the instructions of the request for proposal. 166
9. Phase I shall require all design-builders to submit 167
a statement of qualification that shall include, but not be 168
limited to: 169
(1) Demonstrated ability to perform projects 170
comparable in design, scope, and complexity; 171
(2) References of owners for whom design-build 172
projects, construction projects, or design projects have 173
been performed; 174
(3) Qualifications of personnel who will manage the 175
design and construction aspects of the project; and 176
(4) The names and qualifications of the primary design 177
consultants and the primary trade contractors with whom the 178
design-builder proposes to subcontract or joint venture. 179
The design-builder [may] shall not replace an identified 180
contractor, subcontractor, design consultant, or 181
subconsultant without the written approval of the political 182
subdivision. 183 SCS HB 199 95
10. The political subdivision shall evaluate the 184
qualifications of all the design-builders who submitted 185
proposals in accordance with the instructions of the request 186
for proposal. Architectural and engineering services on the 187
project shall be evaluated in accordance with the 188
requirements of sections 8.285 and 8.291. Qualified design- 189
builders selected by the evaluation team may proceed to 190
phase II of the selection process. Design-builders lacking 191
the necessary qualifications to perform the work shall be 192
disqualified and shall not proceed to phase II of the 193
process. This process of short listing shall narrow the 194
number of qualified design-builders to not more than five 195
nor fewer than two. Under no circumstances shall price or 196
fees be a part of the prequalification criteria. Design- 197
builders may be interviewed in either phase I or phase II of 198
the process. Points assigned in phase I of the evaluation 199
process shall not carry forward to phase II of the process. 200
All qualified design-builders shall be ranked on points 201
given in phases II and III only. 202
11. The political subdivision shall have discretion to 203
disqualify any design-builder who, in the political 204
subdivision's opinion, lacks the minimum qualifications 205
required to perform the work. 206
12. Once a sufficient number of no more than five and 207
no fewer than two qualified design-builders have been 208
selected, the design-builders shall have a specified amount 209
of time in which to assemble phase II and phase III 210
proposals. 211
13. Phase II of the process shall be conducted as 212
follows: 213 SCS HB 199 96
(1) The political subdivision shall invite the top 214
qualified design-builders to participate in phase II of the 215
process; 216
(2) A design-builder shall submit its design for the 217
project to the level of detail required in the request for 218
proposal. The design proposal shall demonstrate compliance 219
with the requirements set out in the request for proposal; 220
(3) The ability of the design-builder to meet the 221
schedule for completing a project as specified by the 222
political subdivision may be considered as an element of 223
evaluation in phase II; 224
(4) Up to twenty percent of the points awarded to each 225
design-builder in phase II may be based on each design- 226
builder's qualifications and ability to design, contract, 227
and deliver the project on time and within the budget of the 228
political subdivision; 229
(5) Under no circumstances shall the design proposal 230
contain any reference to the cost of the proposal; and 231
(6) The submitted designs shall be evaluated and 232
assigned points in accordance with the requirements of the 233
request for proposal. Phase II shall account for not less 234
than forty percent of the total point score as specified in 235
the request for proposal. 236
14. Phase III shall be conducted as follows: 237
(1) The phase III proposal shall provide a firm, fixed 238
cost of design and construction. The proposal shall be 239
accompanied by bid security and any other items, such as 240
statements of minority participation as required by the 241
request for proposal; 242
(2) Cost proposals shall be submitted in accordance 243
with the instructions of the request for proposal. The 244
political subdivision shall reject any proposal that is not 245 SCS HB 199 97
submitted on time. Phase III shall account for not less 246
than forty percent of the total point score as specified in 247
the request for proposal; 248
(3) Proposals for phase II and phase III shall be 249
submitted concurrently at the time and place specified in 250
the request for proposal, but in separate envelopes or other 251
means of submission. The phase III cost proposals shall be 252
opened only after the phase II design proposals have been 253
evaluated and assigned points, ranked in order, and posted; 254
(4) Cost proposals shall be opened and read aloud at 255
the time and place specified in the request for proposal. 256
At the same time and place, the evaluation team shall make 257
public its scoring of phase II. Cost proposals shall be 258
evaluated in accordance with the requirements of the request 259
for proposal. In evaluating the cost proposals, the lowest 260
responsive bidder shall be awarded the total number of 261
points assigned to be awarded in phase III. For all other 262
bidders, cost points shall be calculated by reducing the 263
maximum points available in phase III by at least one 264
percent for each percentage point by which the bidder 265
exceeds the lowest bid and the points assigned shall be 266
added to the points assigned for phase II for each design- 267
builder; 268
(5) If the political subdivision determines that it is 269
not in the best interest of the political subdivision to 270
proceed with the project pursuant to the proposal offered by 271
the design-builder with the highest total number of points, 272
the political subdivision shall reject all proposals. In 273
this event, all qualified and responsive design-builders 274
with lower point totals shall receive a stipend and the 275
responsive design-builder with the highest total number of 276
points shall receive an amount equal to two times the 277 SCS HB 199 98
stipend. If the political subdivision decides to award the 278
project, the responsive design-builder with the highest 279
number of points shall be awarded the contract; and 280
(6) If all proposals are rejected, the political 281
subdivision may solicit new proposals using different design 282
criteria, budget constraints, or qualifications. 283
15. As an inducement to qualified design-builders, the 284
political subdivision shall pay a reasonable stipend, the 285
amount of which shall be established in the request for 286
proposal, to each prequalified design-builder whose proposal 287
is responsive but not accepted. Such stipend shall be no 288
less than one-half of one percent of the total project 289
budget. Upon payment of the stipend to any unsuccessful 290
design-builder, the political subdivision shall acquire a 291
nonexclusive right to use the design submitted by the design- 292
builder, and the design-builder shall have no further 293
liability for the use of the design by the political 294
subdivision in any manner. If the design-builder desires to 295
retain all rights and interest in the design proposed, the 296
design-builder shall forfeit the stipend. 297
16. (1) As used in this subsection, "wastewater or 298
water contract" means any design-build contract that 299
involves the provision of engineering and construction 300
services either directly by a party to the contract or 301
through subcontractors retained by a party to the contract 302
for a wastewater or water storage, conveyance, or treatment 303
facility project. 304
(2) Any political subdivision may enter into a 305
wastewater or water contract for design-build of a 306
wastewater or water project. 307
(3) In disbursing community development block grants 308
under 42 U.S.C. Sections 5301 to 5321, the department of 309 SCS HB 199 99
economic development shall not reject wastewater or water 310
projects solely for utilizing wastewater or water contracts. 311
(4) The department of natural resources shall not 312
preclude wastewater or water contracts from consideration 313
for funding provided by the water and wastewater loan fund 314
under section 644.122. 315
(5) A political subdivision planning a wastewater or 316
water design-build project shall retain an engineer duly 317
licensed in this state to assist in preparing any necessary 318
documents and specifications and evaluations of design-build 319
proposals. 320
17. The payment bond requirements of section 107.170 321
shall apply to the design-build project. All persons 322
furnishing design services shall be deemed to be covered by 323
the payment bond the same as any person furnishing labor and 324
materials. The performance bond for the design-builder 325
shall not cover any damages of the type specified to be 326
covered by the professional liability insurance established 327
by the political subdivision in the request for proposals. 328
18. Any person or firm performing architectural, 329
engineering, landscape architecture, or land-surveying 330
services for the design-builder on the design-build project 331
shall be duly licensed or authorized in this state to 332
provide such services as required by chapter 327. 333
19. Any political subdivision engaged in a project 334
under this section which impacts a railroad regulated by the 335
Federal Railroad Administration shall consult with the 336
affected railroad on required specifications relating to 337
clearance, safety, insurance, and indemnification to be 338
included in the construction documents for such project. 339
20. Under section 327.465, any design-builder that 340
enters into a design-build contract with a political 341 SCS HB 199 100
subdivision is exempt from the requirement that such person 342
or entity hold a license or that such corporation hold a 343
certificate of authority if the architectural, engineering, 344
or land-surveying services to be performed under the design- 345
build contract are performed through subcontracts or joint 346
ventures with properly licensed or authorized persons or 347
entities, and not performed by the design-builder or its own 348
employees. 349
21. This section shall not apply to: 350
(1) Any metropolitan sewer district established under 351
Article VI, Section 30(a) of the Constitution of Missouri; or 352
(2) Any special charter city, or any city or county 353
governed by home rule under Article VI, [Section 18] 354
Sections 18(a) to 18(r) or 19 of the Constitution of 355
Missouri that has adopted a design-build process via 356
ordinance, rule, or regulation. 357
[22. The authority to use design-build and design- 358
build contracts provided under this section shall expire 359
September 1, 2026.] 360
79.235. 1. Notwithstanding any other provision of law 1
to the contrary, for any city of the fourth classification 2
with fewer than three thousand inhabitants, if a statute or 3
ordinance authorizes the mayor of such city to appoint a 4
member of a nonelected board or commission, any requirement 5
that the appointed person be a resident of the city shall be 6
deemed satisfied if the person owns real property or a 7
business in the city, regardless of whether the position to 8
which the appointment is made is considered an officer of 9
the city under section 79.250. 10
2. Notwithstanding any other provision of law to the 11
contrary, for any city of the fourth classification with 12
fewer than three thousand inhabitants, if a statute or 13 SCS HB 199 101
ordinance authorizes the mayor of such city to appoint a 14
member of a nonelected board that manages a municipal 15
utility of the city, any requirement that the appointed 16
person be a resident of the city shall be deemed satisfied 17
if all of the following conditions are met: 18
(1) The board has no authority to set utility rates or 19
to issue bonds; 20
(2) The person resides within five miles of the city 21
limits; 22
(3) The person owns real property or a business in the 23
city; 24
(4) The person or the person's business is a customer 25
of a public utility, as described under section 91.450, 26
managed by the board; and 27
(5) The person has no pecuniary interest in, and is 28
not an employee or board member of, any utility or other 29
entity that offers the same kind of service as the utility 30
managed by the board. 31
3. The provisions of this section shall not apply to 32
any city within a county with more than one million 33
inhabitants. 34
82.1025. 1. Sections 82.1025, 82.1027 and 82.1030 1
apply to a nuisance located within the boundaries of: 2
(1) Any city not within a county [or in]; 3
(2) Any home rule city with at least three hundred 4
fifty thousand inhabitants which is located in more than one 5
county; 6
(3) Any home rule city with more than one hundred 7
sixty thousand but fewer than two hundred thousand 8
inhabitants; or 9
(4) Any home rule city with more than seventy-one 10
thousand but fewer than seventy-nine thousand inhabitants. 11 SCS HB 199 102
2. Any property owner who owns property within one 12
thousand two hundred feet of a parcel of property [which] 13
that is alleged to be a nuisance may bring a nuisance action 14
under this section against the offending property owner for 15
the amount of damage created by such nuisance to the value 16
of the petitioner's property, including diminution in value 17
of the petitioner's property, and court costs. 18
3. An action for injunctive relief to abate a nuisance 19
may be brought under this section by: 20
(1) Anyone who owns property within one thousand two 21
hundred feet to a property which is alleged to be a 22
nuisance; or 23
(2) A neighborhood organization, as defined in section 24
82.1027, on behalf of any person or persons who own property 25
within the boundaries of the neighborhood or neighborhoods 26
described in the articles of incorporation or bylaws of the 27
neighborhood organization and who could maintain a nuisance 28
action under this section or under the common law of private 29
nuisance, or on its own behalf with respect to a nuisance on 30
property anywhere within the boundaries of the neighborhood 31
or neighborhoods. 32
4. An action shall not be brought under this section 33
until sixty days after the party who brings the action has 34
[sent written] mailed notice of intent to bring an action 35
under this section [by certified mail, return receipt 36
requested], postage prepaid, to: 37
(1) The tenant, if any, or to "occupant" if the 38
identity of the tenant cannot be reasonably ascertained, at 39
the property's address; and 40
(2) The property owner of record at the last known 41
address of the property owner on file with the county or 42
city, or, if the property owner is a corporation or other 43 SCS HB 199 103
type of limited liability company, to the property owner's 44
registered agent at the agent's address of record; 45
that a nuisance exists and that legal action may be taken 46
against the owner of the property if the nuisance is not 47
eliminated within sixty days after the date on the [written] 48
mailed notice. If the notice [sent by certified mail] is 49
returned unclaimed or refused, designated by the post office 50
to be undeliverable, or signed for by a person other than 51
the addressee, then adequate and sufficient notice shall be 52
provided by posting a copy of the notice on the property 53
where the nuisance allegedly is occurring. A sworn 54
affidavit by the person who mailed or posted the notice 55
describing the date and manner that notice was given shall 56
be sufficient evidence to establish that the notice was 57
given. The notice shall specify: 58
(a) The act or condition that constitutes the nuisance; 59
(b) The date the nuisance was first discovered; 60
(c) The address of the property and location on the 61
property where the act or condition that constitutes the 62
nuisance is allegedly occurring or exists; and 63
(d) The relief sought in the action. 64
5. A copy of a notice of citation issued by the city 65
or county that shows the date the citation was issued shall 66
be prima facie evidence of whether and for how long [a 67
citation has been pending against the property or the 68
property owner] the property has been in violation of the 69
code or ordinance provisions described in the citation. 70
6. A proceeding under this section shall: 71
(1) Be heard at the earliest practicable date; and 72
(2) Be expedited in every way. 73 SCS HB 199 104
7. When a property owner or neighborhood organization 74
brings an action under this section for injunctive relief to 75
abate a nuisance, a prima facie case for injunctive relief 76
shall be made upon proof that a nuisance exists on the 77
property. [Such] An action for injunctive relief to abate a 78
nuisance shall be heard by the court without a jury and 79
shall not require proof that the party bringing the action 80
has sustained damage or loss as a result of the nuisance. 81
8. [With respect to an action under this section 82
against the owner of commercial or industrial property,] 83
When a property owner or neighborhood organization bringing 84
the action prevails in such action, such property owner or 85
organization may be entitled to an award for [its 86
reasonable] attorneys' fees and expenses, based on the 87
amount of time reasonably expended, as ordered by the court, 88
[incurred in bringing and prosecuting the action,] which 89
award for attorneys' fees and expenses shall be entered as a 90
judgment against the owner of the property on which the act 91
or condition constituting the nuisance occurred or was 92
located. 93
[9. Property owners bringing a lawsuit based on the 94
prima facie case standard under subsections 5 and 7 of this 95
section, or seeking attorney fees and expenses under 96
subsection 8 of this section, shall be limited to lawsuits 97
involving property ownership in any home rule city with more 98
than three hundred fifty thousand inhabitants and located in 99
more than one county or any city not within a county and 100
shall otherwise be limited to the general standards for 101
nuisance applying to other political subdivisions under 102
subsection 1 of this section.] 103
82.1026. The governing body of any city not within a 1
county, home rule city with more than four hundred thousand 2 SCS HB 199 105
inhabitants and located in more than one county, home rule 3
city with more than one hundred sixty thousand but fewer 4
than two hundred thousand inhabitants, or home rule city 5
with more than seventy-one thousand but fewer than seventy- 6
nine thousand inhabitants may enact ordinances to provide 7
for the building official of the city or any authorized 8
representative of the building official to petition the 9
circuit court in the county in which a vacant nuisance 10
building or structure is located for the appointment of a 11
receiver to rehabilitate the building or structure, to 12
demolish it, or to sell it to a qualified buyer. 13
82.1027. As used in section 82.1025 and sections 1
82.1027 to 82.1030, the following terms mean: 2
(1) "Code or ordinance violation", a violation under 3
the provisions of a municipal code or ordinance of any home 4
rule city with more than four hundred thousand inhabitants 5
and located in more than one county, [or] any city not 6
within a county, [which] any home rule city with more than 7
one hundred sixty thousand but fewer than two hundred 8
thousand inhabitants, or any home rule city with more than 9
seventy-one thousand but fewer than seventy-nine thousand 10
inhabitants that regulates fire prevention, animal control, 11
noise control, property maintenance, building construction, 12
health, safety, neighborhood detriment, sanitation, or 13
nuisances; 14
(2) "Neighborhood organization", either: 15
(a) A Missouri not-for-profit corporation that: 16
a. Is a bonafide community organization formed for the 17
purpose of neighborhood preservation or improvement; 18
b. Whose articles of incorporation or bylaws specify 19
that one of the purposes for which the corporation is 20
organized is the preservation and protection of residential 21 SCS HB 199 106
and community property values in all or part of a 22
neighborhood or neighborhoods with geographic boundaries 23
that conform to the boundaries of not more than two 24
adjoining neighborhoods recognized by the planning division 25
of the city [or county] in which the neighborhood or 26
neighborhoods are located [in any home rule city with more 27
than three hundred fifty thousand inhabitants and located in 28
more than one county, or in any city not within a county]; 29
and 30
c. Whose board of directors is comprised of 31
individuals, at least half of whom maintain their principal 32
residence in a neighborhood the organization serves as 33
described in the organization's articles of incorporation or 34
bylaws; or 35
(b) An organization recognized by the federal Internal 36
Revenue Service as tax exempt under the provisions of 37
Internal Revenue Code Section 501(c)(3) (26 U.S.C. Section 38
501(c)(3)), as amended, or the corresponding section of any 39
future tax code, which has had a contract with any [home 40
rule] city [with more than three hundred fifty thousand 41
inhabitants and located in more than one county, or in any 42
city not within a county] to furnish housing related 43
services in that [municipality or county] city at any point 44
during the five-year period preceding the filing of the 45
action, and is in compliance with or completed such contract; 46
(3) "Nuisance", an activity or condition created, 47
performed, maintained, or permitted to exist on private 48
property that constitutes a code or ordinance violation, 49
whether or not the property has been cited by the city or 50
county in which the property is located; or, if the property 51
is in a deteriorated condition, due to neglect or failure to 52
reasonably maintain, abandonment, failure to repair after a 53 SCS HB 199 107
fire, flood, or some other deterioration of the property, or 54
there is clutter on the property such as abandoned 55
automobiles, appliances, or similar objects; or, with 56
respect to commercial, industrial, and vacant property, if 57
the activity or condition on the property encourages, 58
promotes, or substantially contributes to unlawful activity 59
within three hundred feet of the property; [and the] or if 60
any activity or condition [either]: 61
(a) Diminishes the value of the neighboring property; 62
or 63
(b) Is injurious to the public health, safety, 64
security, or welfare of neighboring residents or businesses; 65
or 66
(c) Impairs the reasonable use or peaceful enjoyment 67
of other property in the neighborhood. 68
82.1031. [No action shall be brought] If a property 1
owner sued under section 82.1025 and sections 82.1027 to 2
82.1030 [if the owner of the property that] pleads and 3
proves that a condition alleged by the plaintiff to be a 4
nuisance is the subject matter of [the action is in good- 5
faith compliance with all orders] an order issued by the 6
state department of natural resources, the United States 7
Environmental Protection Agency, or the office of the 8
Missouri attorney general, and further pleads and proves 9
that the property is in compliance with such order with 10
respect to such condition, such proof shall be an 11
affirmative defense to plaintiff's claim that such condition 12
is subject to one or more of the remedies provided for under 13
section 82.1025 and sections 82.1027 to 82.1030. 14
94.900. 1. (1) The governing body of the following 1
cities may impose a tax as provided in this section: 2 SCS HB 199 108
(a) Any city of the third classification with more 3
than ten thousand eight hundred but less than ten thousand 4
nine hundred inhabitants located at least partly within a 5
county of the first classification with more than one 6
hundred eighty-four thousand but less than one hundred 7
eighty-eight thousand inhabitants; 8
(b) Any city of the fourth classification with more 9
than four thousand five hundred but fewer than five thousand 10
inhabitants; 11
(c) Any city of the fourth classification with more 12
than eight thousand nine hundred but fewer than nine 13
thousand inhabitants; 14
(d) Any home rule city with more than forty-eight 15
thousand but fewer than forty-nine thousand inhabitants; 16
(e) Any home rule city with more than seventy-three 17
thousand but fewer than seventy-five thousand inhabitants; 18
(f) Any city of the fourth classification with more 19
than thirteen thousand five hundred but fewer than sixteen 20
thousand inhabitants; 21
(g) Any city of the fourth classification with more 22
than seven thousand but fewer than eight thousand 23
inhabitants; 24
(h) Any city of the fourth classification with more 25
than four thousand but fewer than four thousand five hundred 26
inhabitants and located in any county of the first 27
classification with more than one hundred fifty thousand but 28
fewer than two hundred thousand inhabitants; 29
(i) Any city of the third classification with more 30
than thirteen thousand but fewer than fifteen thousand 31
inhabitants and located in any county of the third 32
classification without a township form of government and 33 SCS HB 199 109
with more than thirty-three thousand but fewer than thirty- 34
seven thousand inhabitants; 35
(j) Any city of the fourth classification with more 36
than three thousand but fewer than three thousand three 37
hundred inhabitants and located in any county of the third 38
classification without a township form of government and 39
with more than eighteen thousand but fewer than twenty 40
thousand inhabitants and that is not the county seat of such 41
county; 42
(k) Any city with more than ten thousand but fewer 43
than eleven thousand inhabitants and partially located in a 44
county with more than two hundred thirty thousand but fewer 45
than two hundred sixty thousand inhabitants; 46
(l) Any city with more than four thousand nine hundred 47
but fewer than five thousand six hundred inhabitants and 48
located in a county with more than thirty thousand but fewer 49
than thirty-five thousand inhabitants; [or] 50
(m) Any city with more than twelve thousand five 51
hundred but fewer than fourteen thousand inhabitants and 52
that is the county seat of a county with more than twenty- 53
two thousand but fewer than twenty-five thousand inhabitants; 54
(n) Any village with more than four hundred thirty but 55
fewer than four hundred eighty inhabitants and partially 56
located in a county with more than forty thousand but fewer 57
than fifty thousand inhabitants and with a county seat with 58
more than two thousand but fewer than six thousand 59
inhabitants; 60
(o) Any city with more than sixteen thousand but fewer 61
than eighteen thousand inhabitants and located in more than 62
one county; 63
(p) Any city with more than twelve thousand five 64
hundred but fewer than fourteen thousand inhabitants and 65 SCS HB 199 110
located in a county with more than twenty-two thousand but 66
fewer than twenty-five thousand inhabitants and with a 67
county seat with more than nine hundred but fewer than one 68
thousand four hundred inhabitants; 69
(q) Any city with more than fifty-one thousand but 70
fewer than fifty-eight thousand inhabitants and located in 71
more than one county; or 72
(r) Any city with more than eight thousand but fewer 73
than nine thousand inhabitants and that is the county seat 74
of a county with more than nineteen thousand but fewer than 75
twenty-two thousand inhabitants. 76
(2) The governing body of any city listed in 77
subdivision (1) of this subsection is hereby authorized to 78
impose, by ordinance or order, a sales tax in the amount of 79
up to one-half of one percent on all retail sales made in 80
such city which are subject to taxation under the provisions 81
of sections 144.010 to 144.525 for the purpose of improving 82
the public safety for such city, which shall be limited to 83
expenditures on equipment, salaries and benefits, and 84
facilities for police, fire and emergency medical 85
providers. The tax authorized by this section shall be in 86
addition to any and all other sales taxes allowed by law, 87
except that no ordinance or order imposing a sales tax 88
pursuant to the provisions of this section shall be 89
effective unless the governing body of the city submits to 90
the voters of the city, at a county or state general, 91
primary or special election, a proposal to authorize the 92
governing body of the city to impose a tax. 93
2. If the proposal submitted involves only 94
authorization to impose the tax authorized by this section, 95
the ballot of submission shall contain, but need not be 96
limited to, the following language: 97 SCS HB 199 111
If a majority of the votes cast on the proposal by the 107
qualified voters voting thereon are in favor of the proposal 108
submitted pursuant to this subsection, then the ordinance or 109
order and any amendments thereto shall be in effect on the 110
first day of the second calendar quarter after the director 111
of revenue receives notification of adoption of the local 112
sales tax. If a proposal receives less than the required 113
majority, then the governing body of the city shall have no 114
power to impose the sales tax herein authorized unless and 115
until the governing body of the city shall again have 116
submitted another proposal to authorize the governing body 117
of the city to impose the sales tax authorized by this 118
section and such proposal is approved by the required 119
majority of the qualified voters voting thereon. However, 120
in no event shall a proposal pursuant to this section be 121
submitted to the voters sooner than twelve months from the 122
date of the last proposal pursuant to this section. 123
3. All revenue received by a city from the tax 124
authorized under the provisions of this section shall be 125
deposited in a special trust fund and shall be used solely 126
for improving the public safety for such city for so long as 127
the tax shall remain in effect. 128
98
99
100
101
Shall the city of _________ (city's name) impose a
citywide sales tax of _________ (insert amount) for
the purpose of improving the public safety of the
city?
102 □ YES □ NO
103
104
105
106
If you are in favor of the question, place an “X”
in the box opposite “YES”. If you are opposed to
the question, place an “X” in the box opposite “ NO”.
SCS HB 199 112
4. Once the tax authorized by this section is 129
abolished or is terminated by any means, all funds remaining 130
in the special trust fund shall be used solely for improving 131
the public safety for the city. Any funds in such special 132
trust fund which are not needed for current expenditures may 133
be invested by the governing body in accordance with 134
applicable laws relating to the investment of other city 135
funds. 136
5. All sales taxes collected by the director of the 137
department of revenue under this section on behalf of any 138
city, less one percent for cost of collection which shall be 139
deposited in the state's general revenue fund after payment 140
of premiums for surety bonds as provided in section 32.087, 141
shall be deposited in a special trust fund, which is hereby 142
created, to be known as the "City Public Safety Sales Tax 143
Trust Fund". The moneys in the trust fund shall not be 144
deemed to be state funds and shall not be commingled with 145
any funds of the state. The provisions of section 33.080 to 146
the contrary notwithstanding, money in this fund shall not 147
be transferred and placed to the credit of the general 148
revenue fund. The director of the department of revenue 149
shall keep accurate records of the amount of money in the 150
trust and which was collected in each city imposing a sales 151
tax pursuant to this section, and the records shall be open 152
to the inspection of officers of the city and the public. 153
Not later than the tenth day of each month the director of 154
the department of revenue shall distribute all moneys 155
deposited in the trust fund during the preceding month to 156
the city which levied the tax; such funds shall be deposited 157
with the city treasurer of each such city, and all 158
expenditures of funds arising from the trust fund shall be 159
by an appropriation act to be enacted by the governing body 160 SCS HB 199 113
of each such city. Expenditures may be made from the fund 161
for any functions authorized in the ordinance or order 162
adopted by the governing body submitting the tax to the 163
voters. 164
6. The director of the department of revenue may make 165
refunds from the amounts in the trust fund and credited to 166
any city for erroneous payments and overpayments made, and 167
may redeem dishonored checks and drafts deposited to the 168
credit of such cities. If any city abolishes the tax, the 169
city shall notify the director of the department of revenue 170
of the action at least ninety days prior to the effective 171
date of the repeal and the director of the department of 172
revenue may order retention in the trust fund, for a period 173
of one year, of two percent of the amount collected after 174
receipt of such notice to cover possible refunds or 175
overpayment of the tax and to redeem dishonored checks and 176
drafts deposited to the credit of such accounts. After one 177
year has elapsed after the effective date of abolition of 178
the tax in such city, the director of the department of 179
revenue shall remit the balance in the account to the city 180
and close the account of that city. The director of the 181
department of revenue shall notify each city of each 182
instance of any amount refunded or any check redeemed from 183
receipts due the city. 184
7. Except as modified in this section, all provisions 185
of sections 32.085 and 32.087 shall apply to the tax imposed 186
pursuant to this section. 187
8. If any city in subsection 1 of this section enacts 188
the tax authorized in this section, the city shall budget an 189
amount to public safety that is no less than the amount 190
budgeted in the year immediately preceding the enactment of 191 SCS HB 199 114
the tax. The revenue from the tax shall supplement and not 192
replace amounts budgeted by the city. 193
[105.145. 1. The following definitions 1
shall be applied to the terms used in this 2
section: 3
(1) "Governing body", the board, body, or 4
persons in which the powers of a political 5
subdivision as a body corporate, or otherwise, 6
are vested; 7
(2) "Political subdivision", any agency or 8
unit of this state, except counties and school 9
districts, which now is, or hereafter shall be, 10
authorized to levy taxes or empowered to cause 11
taxes to be levied. 12
2. The governing body of each political 13
subdivision in the state shall cause to be 14
prepared an annual report of the financial 15
transactions of the political subdivision in 16
such summary form as the state auditor shall 17
prescribe by rule, except that the annual report 18
of political subdivisions whose cash receipts 19
for the reporting period are ten thousand 20
dollars or less shall only be required to 21
contain the cash balance at the beginning of the 22
reporting period, a summary of cash receipts, a 23
summary of cash disbursements and the cash 24
balance at the end of the reporting period. 25
3. Within such time following the end of 26
the fiscal year as the state auditor shall 27
prescribe by rule, the governing body of each 28
political subdivision shall cause a copy of the 29
annual financial report to be remitted to the 30
state auditor. 31
4. The state auditor shall immediately on 32
receipt of each financial report acknowledge the 33
receipt of the report. 34
5. In any fiscal year no member of the 35
governing body of any political subdivision of 36
the state shall receive any compensation or 37
payment of expenses after the end of the time 38
within which the financial statement of the 39
political subdivision is required to be filed 40
with the state auditor and until such time as 41 SCS HB 199 115
the notice from the state auditor of the filing 42
of the annual financial report for the fiscal 43
year has been received. 44
6. The state auditor shall prepare sample 45
forms for financial reports and shall mail the 46
same to the political subdivisions of the 47
state. Failure of the auditor to supply such 48
forms shall not in any way excuse any person 49
from the performance of any duty imposed by this 50
section. 51
7. All reports or financial statements 52
hereinabove mentioned shall be considered to be 53
public records. 54
8. The provisions of this section apply to 55
the board of directors of every transportation 56
development district organized under sections 57
238.200 to 238.275. 58
9. Any political subdivision that fails to 59
timely submit a copy of the annual financial 60
statement to the state auditor shall be subject 61
to a fine of five hundred dollars per day. 62
10. The state auditor shall report any 63
violation of subsection 9 of this section to the 64
department of revenue. Upon notification from 65
the state auditor's office that a political 66
subdivision failed to timely submit a copy of 67
the annual financial statement, the department 68
of revenue shall notify such political 69
subdivision by certified mail that the statement 70
has not been received. Such notice shall 71
clearly set forth the following: 72
(1) The name of the political subdivision; 73
(2) That the political subdivision shall 74
be subject to a fine of five hundred dollars per 75
day if the political subdivision does not submit 76
a copy of the annual financial statement to the 77
state auditor's office within thirty days from 78
the postmarked date stamped on the certified 79
mail envelope; 80
(3) That the fine will be enforced and 81
collected as provided under subsection 11 of 82
this section; and 83
(4) That the fine will begin accruing on 84
the thirty-first day from the postmarked date 85 SCS HB 199 116
stamped on the certified mail envelope and will 86
continue to accrue until the state auditor's 87
office receives a copy of the financial 88
statement. 89
In the event a copy of the annual financial 90
statement is received within such thirty-day 91
period, no fine shall accrue or be imposed. The 92
state auditor shall report receipt of the 93
financial statement to the department of revenue 94
within ten business days. Failure of the 95
political subdivision to submit the required 96
annual financial statement within such thirty- 97
day period shall cause the fine to be collected 98
as provided under subsection 11 of this section. 99
11. The department of revenue may collect 100
the fine authorized under the provisions of 101
subsection 9 of this section by offsetting any 102
sales or use tax distributions due to the 103
political subdivision. The director of revenue 104
shall retain two percent for the cost of such 105
collection. The remaining revenues collected 106
from such violations shall be distributed 107
annually to the schools of the county in the 108
same manner that proceeds for all penalties, 109
forfeitures, and fines collected for any breach 110
of the penal laws of the state are distributed. 111
12. Any political subdivision that has 112
gross revenues of less than five thousand 113
dollars or that has not levied or collected 114
taxes in the fiscal year for which the annual 115
financial statement was not timely filed shall 116
not be subject to the fine authorized in this 117
section. 118
13. If a failure to timely submit the 119
annual financial statement is the result of 120
fraud or other illegal conduct by an employee or 121
officer of the political subdivision, the 122
political subdivision shall not be subject to a 123
fine authorized under this section if the 124
statement is filed within thirty days of the 125
discovery of the fraud or illegal conduct. If a 126
fine is assessed and paid prior to the filing of 127
the statement, the department of revenue shall 128 SCS HB 199 117
refund the fine upon notification from the 129
political subdivision. 130
14. If a political subdivision has an 131
outstanding balance for fines or penalties at 132
the time it files its first annual financial 133
statement after January 1, 2023, the director of 134
revenue shall make a one-time downward 135
adjustment to such outstanding balance in an 136
amount that reduces the outstanding balance by 137
no less than ninety percent. 138
15. The director of revenue shall have the 139
authority to make a one-time downward adjustment 140
to any outstanding penalty imposed under this 141
section on a political subdivision if the 142
director determines the fine is uncollectable. 143
The director of revenue may prescribe rules and 144
regulations necessary to carry out the 145
provisions of this subsection. Any rule or 146
portion of a rule, as that term is defined in 147
section 536.010, that is created under the 148
authority delegated in this section shall become 149
effective only if it complies with and is 150
subject to all of the provisions of chapter 536 151
and, if applicable, section 536.028. This 152
section and chapter 536 are nonseverable and if 153
any of the powers vested with the general 154
assembly pursuant to chapter 536 to review, to 155
delay the effective date, or to disapprove and 156
annul a rule are subsequently held 157
unconstitutional, then the grant of rulemaking 158
authority and any rule proposed or adopted after 159
August 28, 2022, shall be invalid and void.] 160
105.145. 1. The following definitions shall be 1
applied to the terms used in this section: 2
(1) "Governing body", the board, body, or persons in 3
which the powers of a political subdivision as a body 4
corporate, or otherwise, are vested; 5
(2) "Political subdivision", any agency or unit of 6
this state, except counties and school districts, which now 7 SCS HB 199 118
is, or hereafter shall be, authorized to levy taxes or 8
empowered to cause taxes to be levied. 9
2. The governing body of each political subdivision in 10
the state shall cause to be prepared an annual report of the 11
financial transactions of the political subdivision in such 12
summary form as the state auditor shall prescribe by rule, 13
except that the annual report of political subdivisions 14
whose cash receipts for the reporting period are ten 15
thousand dollars or less shall only be required to contain 16
the cash balance at the beginning of the reporting period, a 17
summary of cash receipts, a summary of cash disbursements 18
and the cash balance at the end of the reporting period. 19
3. Within such time following the end of the fiscal 20
year as the state auditor shall prescribe by rule, the 21
governing body of each political subdivision shall cause a 22
copy of the annual financial report to be remitted to the 23
state auditor. 24
4. The state auditor shall immediately on receipt of 25
each financial report acknowledge the receipt of the report. 26
5. In any fiscal year no member of the governing body 27
of any political subdivision of the state shall receive any 28
compensation or payment of expenses after the end of the 29
time within which the financial statement of the political 30
subdivision is required to be filed with the state auditor 31
and until such time as the notice from the state auditor of 32
the filing of the annual financial report for the fiscal 33
year has been received. 34
6. The state auditor shall prepare sample forms for 35
financial reports and shall mail the same to the political 36
subdivisions of the state. Failure of the auditor to supply 37
such forms shall not in any way excuse any person from the 38
performance of any duty imposed by this section. 39 SCS HB 199 119
7. All reports or financial statements hereinabove 40
mentioned shall be considered to be public records. 41
8. The provisions of this section apply to the board 42
of directors of every transportation development district 43
organized under sections 238.200 to 238.275. 44
9. Any political subdivision that fails to timely 45
submit a copy of the annual financial statement to the state 46
auditor shall be subject to a fine of five hundred dollars 47
per day. 48
10. The state auditor shall report any violation of 49
subsection 9 of this section to the department of revenue. 50
Upon notification from the state auditor's office that a 51
political subdivision failed to timely submit a copy of the 52
annual financial statement, the department of revenue shall 53
notify such political subdivision by certified mail that the 54
statement has not been received. Such notice shall clearly 55
set forth the following: 56
(1) The name of the political subdivision; 57
(2) That the political subdivision shall be subject to 58
a fine of five hundred dollars per day if the political 59
subdivision does not submit a copy of the annual financial 60
statement to the state auditor's office within thirty days 61
from the postmarked date stamped on the certified mail 62
envelope; 63
(3) That the fine will be enforced and collected as 64
provided under subsection 11 of this section; and 65
(4) That the fine will begin accruing on the thirty- 66
first day from the postmarked date stamped on the certified 67
mail envelope and will continue to accrue until the state 68
auditor's office receives a copy of the financial statement. 69 SCS HB 199 120
In the event a copy of the annual financial statement is 70
received within such thirty-day period, no fine shall accrue 71
or be imposed. The state auditor shall report receipt of 72
the financial statement to the department of revenue within 73
ten business days. Failure of the political subdivision to 74
submit the required annual financial statement within such 75
thirty-day period shall cause the fine to be collected as 76
provided under subsection 11 of this section. 77
11. The department of revenue may collect the fine 78
authorized under the provisions of subsection 9 of this 79
section by offsetting any sales or use tax distributions due 80
to the political subdivision. The director of revenue shall 81
retain two percent for the cost of such collection. The 82
remaining revenues collected from such violations shall be 83
distributed annually to the schools of the county in the 84
same manner that proceeds for all penalties, forfeitures, 85
and fines collected for any breach of the penal laws of the 86
state are distributed. 87
12. Any [transportation development district organized 88
under sections 238.200 to 238.275 having] political 89
subdivision that has gross revenues of less than five 90
thousand dollars or that has not levied or collected sales 91
or use taxes in the fiscal year for which the annual 92
financial statement was not timely filed shall not be 93
subject to the fine authorized in this section. 94
13. If a failure to timely submit the annual financial 95
statement is the result of fraud or other illegal conduct by 96
an employee or officer of the political subdivision, the 97
political subdivision shall not be subject to a fine 98
authorized under this section if the statement is filed 99
within thirty days of the discovery of the fraud or illegal 100
conduct. If a fine is assessed and paid prior to the filing 101 SCS HB 199 121
of the statement, the department of revenue shall refund the 102
fine upon notification from the political subdivision. 103
14. If a political subdivision has an outstanding 104
balance for fines or penalties at the time it files its 105
first annual financial statement after August 28, 2025, the 106
director of revenue shall make a one-time downward 107
adjustment to such outstanding balance in an amount that 108
reduces the outstanding balance by no less than ninety 109
percent. 110
15. The director of revenue shall have the authority 111
to make a one-time downward adjustment to any outstanding 112
penalty imposed under this section on a political 113
subdivision if the director determines the fine is 114
uncollectable. The director of revenue may prescribe rules 115
and regulations necessary to carry out the provisions of 116
this subsection. Any rule or portion of a rule, as that 117
term is defined in section 536.010, that is created under 118
the authority delegated in this section shall become 119
effective only if it complies with and is subject to all of 120
the provisions of chapter 536 and, if applicable, section 121
536.028. This section and chapter 536 are nonseverable and 122
if any of the powers vested with the general assembly 123
pursuant to chapter 536 to review, to delay the effective 124
date, or to disapprove and annul a rule are subsequently 125
held unconstitutional, then the grant of rulemaking 126
authority and any rule proposed or adopted after August 28, 127
2025, shall be invalid and void. 128
107.170. 1. As used in this section, the following 1
terms mean: 2
(1) "Contractor": 3
(a) A person or business entity who: 4 SCS HB 199 122
a. Provides or arranges for construction services on a 5
public works project under contract to a public entity for a 6
governmental purpose; or 7
b. Contracts, provides, or arranges for construction 8
services on a public works project for a nongovernmental 9
purpose when acting as a lessee, agent, designee, or 10
representative of a public entity; 11
(b) Contractor shall not include: 12
a. Professional engineers, architects or land 13
surveyors licensed pursuant to chapter 327; 14
b. Those who provide environmental assessment services; 15
c. Those who design, create or otherwise provide works 16
of art under a city's formally established program for the 17
acquisition and installation of works of art and other 18
aesthetic adornments to public buildings and property; or 19
d. A construction manager not-at-risk within the 20
meaning of section 8.675, or who does not otherwise enter 21
into contracts with contractors for the furnishing of labor, 22
materials, or services to the public works project; 23
(2) "Public entity", [any official, board, commission 24
or agency of] this state [or]; any county, city, town, 25
township, municipality, school[, road] district, or other 26
political subdivision of this state; or any official, board, 27
commission, or agency of any of the preceding entities; 28
(3) "Public official", any official, officer, 29
employee, or member of a governing body or board of a public 30
entity, whether elected, employed, or appointed, and any 31
person serving in a capacity that could, under applicable 32
law or at equity, be personally liable for the failure to 33
require the furnishing of a payment bond under this section; 34
(4) "Public works", the erection, construction, 35
alteration, repair or improvement of any building, road, 36 SCS HB 199 123
street, public utility or other public facility owned by the 37
public entity, including work for nongovernmental purposes. 38
2. It is hereby made the duty of all public entities 39
in this state, in making contracts for public works exempt 40
from attachment and execution under section 513.455, the 41
cost of which is estimated to exceed fifty thousand dollars, 42
to be performed for: 43
(1) The public entity; or 44
(2) The public entity's lessee, agent, designee, or 45
representative on work for nongovernmental purposes, 46
to require every contractor for such work to furnish to the 47
public entity a bond with good and sufficient sureties, in 48
an amount fixed by the public entity. Such bond, among 49
other conditions, shall be conditioned for the payment of 50
any and all materials, incorporated, consumed or used in 51
connection with the construction of such work; all insurance 52
premiums, both for compensation, and for all other kinds of 53
insurance, on said work; and for all labor performed in such 54
work whether by a subcontractor, a supplier at any tier, or 55
otherwise. Remote suppliers shall not be entitled to 56
recovery under the bond required by this section, unless 57
such suppliers shall have given written notice to the 58
contractor that it has not been paid within ninety days of 59
the time the supplier last supplied materials on the public 60
works project. For purposes of this provision, a "remote 61
supplier" is any material supplier to a public works project 62
having a contract with a second, or lower, tier 63
subcontractor, or with another material supplier of any tier. 64
3. All bonds executed and furnished under the 65
provisions of this section shall be deemed to contain the 66
requirements and conditions as herein set out, regardless of 67 SCS HB 199 124
whether the same be set forth in said bond, or of any terms 68
or provisions of said bond to the contrary notwithstanding. 69
4. Nothing in this section shall be construed to 70
require a [member of the school board of any public school 71
district of this state] public official to independently 72
confirm the existence or solvency of any bonding company if 73
a contractor represents to the [member] public official that 74
the bonding company is solvent and that the representations 75
made in the purported bond are true and correct. This 76
subsection shall not relieve from any liability any [school 77
board member] public official who has any actual knowledge 78
of the insolvency of any bonding company, or any [school 79
board member] public official who does not act in good faith 80
in complying with the provisions of subsection 2 of this 81
section. 82
5. A public entity may defend, save harmless and 83
indemnify any of its [officers and employees] public 84
officials, whether [elective or appointive] elected, 85
employed, or appointed, against any claim or demand, whether 86
groundless or otherwise arising out of an alleged act or 87
omission occurring in the performance of a duty under this 88
section. The provisions of this subsection do not apply in 89
case of malfeasance in office or willful or wanton neglect 90
of duty. 91
6. [Nothing in this section shall be deemed to require 92
any contractor who provides construction services for a 93
public works project used for nongovernmental purposes and 94
who contracts with a public entity's lessee, agent, 95
designee, or representative on such public works project 96
used for nongovernmental purposes to furnish a bond when the 97
public entity's lessee, agent, designee, or representative 98
is required under this section to furnish a bond] If consent 99 SCS HB 199 125
that meets the requirements of subsection 2 of section 100
513.455 has been executed and recorded as therein required, 101
no bond is required to be furnished under this section. 102
7. Nothing in this section shall be deemed to require 103
any public entity's lessee, agent, designee, or 104
representative that contracts with a contractor to provide 105
construction services for a public works project intended be 106
leased primarily to a private entity for nongovernmental use 107
to furnish a bond when the contractor is required to furnish 108
a bond under this section or in fact furnishes a complying 109
bond. 110
8. The providing of a bond under this section shall 111
preclude the filing of a mechanic's lien under chapter 429 112
by any subcontractor or supplier. Any mechanic's lien filed 113
in violation hereof shall be void and unenforceable and 114
shall be summarily discharged by a judge of the county in 115
which the mechanic's lien is filed. 116
137.115. 1. All other laws to the contrary 1
notwithstanding, the assessor or the assessor's deputies in 2
all counties of this state including the City of St. Louis 3
shall annually make a list of all real and tangible personal 4
property taxable in the assessor's city, county, town or 5
district. Except as otherwise provided in subsection 3 of 6
this section and section 137.078, the assessor shall 7
annually assess all personal property at thirty-three and 8
one-third percent of its true value in money as of January 9
first of each calendar year. The assessor shall annually 10
assess all real property, including any new construction and 11
improvements to real property, and possessory interests in 12
real property at the percent of its true value in money set 13
in subsection 5 of this section. The true value in money of 14
any possessory interest in real property in subclass (3), 15 SCS HB 199 126
where such real property is on or lies within the ultimate 16
airport boundary as shown by a federal airport layout plan, 17
as defined by 14 CFR 151.5, of a commercial airport having a 18
FAR Part 139 certification and owned by a political 19
subdivision, shall be the otherwise applicable true value in 20
money of any such possessory interest in real property, less 21
the total dollar amount of costs paid by a party, other than 22
the political subdivision, towards any new construction or 23
improvements on such real property completed after January 24
1, 2008, and which are included in the above-mentioned 25
possessory interest, regardless of the year in which such 26
costs were incurred or whether such costs were considered in 27
any prior year. The assessor shall annually assess all real 28
property in the following manner: new assessed values shall 29
be determined as of January first of each odd-numbered year 30
and shall be entered in the assessor's books; those same 31
assessed values shall apply in the following even-numbered 32
year, except for new construction and property improvements 33
which shall be valued as though they had been completed as 34
of January first of the preceding odd-numbered year. The 35
assessor may call at the office, place of doing business, or 36
residence of each person required by this chapter to list 37
property, and require the person to make a correct statement 38
of all taxable tangible personal property owned by the 39
person or under his or her care, charge or management, 40
taxable in the county. On or before January first of each 41
even-numbered year, the assessor shall prepare and submit a 42
two-year assessment maintenance plan to the county governing 43
body and the state tax commission for their respective 44
approval or modification. The county governing body shall 45
approve and forward such plan or its alternative to the plan 46
to the state tax commission by February first. If the 47 SCS HB 199 127
county governing body fails to forward the plan or its 48
alternative to the plan to the state tax commission by 49
February first, the assessor's plan shall be considered 50
approved by the county governing body. If the state tax 51
commission fails to approve a plan and if the state tax 52
commission and the assessor and the governing body of the 53
county involved are unable to resolve the differences, in 54
order to receive state cost-share funds outlined in section 55
137.750, the county or the assessor shall petition the 56
administrative hearing commission, by May first, to decide 57
all matters in dispute regarding the assessment maintenance 58
plan. Upon agreement of the parties, the matter may be 59
stayed while the parties proceed with mediation or 60
arbitration upon terms agreed to by the parties. The final 61
decision of the administrative hearing commission shall be 62
subject to judicial review in the circuit court of the 63
county involved. In the event a valuation of subclass (1) 64
real property within any county with a charter form of 65
government, or within a city not within a county, is made by 66
a computer, computer-assisted method or a computer program, 67
the burden of proof, supported by clear, convincing and 68
cogent evidence to sustain such valuation, shall be on the 69
assessor at any hearing or appeal. In any such county, 70
unless the assessor proves otherwise, there shall be a 71
presumption that the assessment was made by a computer, 72
computer-assisted method or a computer program. Such 73
evidence shall include, but shall not be limited to, the 74
following: 75
(1) The findings of the assessor based on an appraisal 76
of the property by generally accepted appraisal techniques; 77
and 78 SCS HB 199 128
(2) The purchase prices from sales of at least three 79
comparable properties and the address or location thereof. 80
As used in this subdivision, the word "comparable" means 81
that: 82
(a) Such sale was closed at a date relevant to the 83
property valuation; and 84
(b) Such properties are not more than one mile from 85
the site of the disputed property, except where no similar 86
properties exist within one mile of the disputed property, 87
the nearest comparable property shall be used. Such 88
property shall be within five hundred square feet in size of 89
the disputed property, and resemble the disputed property in 90
age, floor plan, number of rooms, and other relevant 91
characteristics. 92
2. Assessors in each county of this state and the City 93
of St. Louis may send personal property assessment forms 94
through the mail. 95
3. The following items of personal property shall each 96
constitute separate subclasses of tangible personal property 97
and shall be assessed and valued for the purposes of 98
taxation at the following percentages of their true value in 99
money: 100
(1) Grain and other agricultural crops in an 101
unmanufactured condition, one-half of one percent; 102
(2) Livestock, twelve percent; 103
(3) Farm machinery, twelve percent; 104
(4) Motor vehicles which are eligible for registration 105
as and are registered as historic motor vehicles pursuant to 106
section 301.131 and aircraft which are at least twenty-five 107
years old and which are used solely for noncommercial 108
purposes and are operated less than two hundred hours per 109 SCS HB 199 129
year or aircraft that are home built from a kit, five 110
percent; 111
(5) Poultry, twelve percent; and 112
(6) Tools and equipment used for pollution control and 113
tools and equipment used in retooling for the purpose of 114
introducing new product lines or used for making 115
improvements to existing products by any company which is 116
located in a state enterprise zone and which is identified 117
by any standard industrial classification number cited in 118
subdivision (7) of section 135.200, twenty-five percent. 119
4. The person listing the property shall enter a true 120
and correct statement of the property, in a printed blank 121
prepared for that purpose. The statement, after being 122
filled out, shall be signed and either affirmed or sworn to 123
as provided in section 137.155. The list shall then be 124
delivered to the assessor. 125
5. (1) All subclasses of real property, as such 126
subclasses are established in Section 4(b) of Article X of 127
the Missouri Constitution and defined in section 137.016, 128
shall be assessed at the following percentages of true value: 129
(a) For real property in subclass (1), nineteen 130
percent; 131
(b) For real property in subclass (2), twelve percent; 132
and 133
(c) For real property in subclass (3), thirty-two 134
percent. 135
(2) A taxpayer may apply to the county assessor, or, 136
if not located within a county, then the assessor of such 137
city, for the reclassification of such taxpayer's real 138
property if the use or purpose of such real property is 139
changed after such property is assessed under the provisions 140
of this chapter. If the assessor determines that such 141 SCS HB 199 130
property shall be reclassified, he or she shall determine 142
the assessment under this subsection based on the percentage 143
of the tax year that such property was classified in each 144
subclassification. 145
6. Manufactured homes, as defined in section 700.010, 146
which are actually used as dwelling units shall be assessed 147
at the same percentage of true value as residential real 148
property for the purpose of taxation. The percentage of 149
assessment of true value for such manufactured homes shall 150
be the same as for residential real property. If the county 151
collector cannot identify or find the manufactured home when 152
attempting to attach the manufactured home for payment of 153
taxes owed by the manufactured home owner, the county 154
collector may request the county commission to have the 155
manufactured home removed from the tax books, and such 156
request shall be granted within thirty days after the 157
request is made; however, the removal from the tax books 158
does not remove the tax lien on the manufactured home if it 159
is later identified or found. For purposes of this section, 160
a manufactured home located in a manufactured home rental 161
park, rental community or on real estate not owned by the 162
manufactured home owner shall be considered personal 163
property. For purposes of this section, a manufactured home 164
located on real estate owned by the manufactured home owner 165
may be considered real property. 166
7. Each manufactured home assessed shall be considered 167
a parcel for the purpose of reimbursement pursuant to 168
section 137.750, unless the manufactured home is deemed to 169
be real estate as defined in subsection 7 of section 442.015 170
and assessed as a realty improvement to the existing real 171
estate parcel. 172 SCS HB 199 131
8. Any amount of tax due and owing based on the 173
assessment of a manufactured home shall be included on the 174
personal property tax statement of the manufactured home 175
owner unless the manufactured home is deemed to be real 176
estate as defined in subsection 7 of section 442.015, in 177
which case the amount of tax due and owing on the assessment 178
of the manufactured home as a realty improvement to the 179
existing real estate parcel shall be included on the real 180
property tax statement of the real estate owner. 181
9. The assessor of each county and each city not 182
within a county shall use [the trade-in value published in 183
the October issue of] a nationally recognized automotive 184
trade publication such as the National Automobile Dealers' 185
Association Official Used Car Guide, [or its successor 186
publication,] Kelley Blue Book, Edmunds, or other similar 187
publication as the recommended guide of information for 188
determining the true value of motor vehicles described in 189
such publication. The state tax commission shall select, 190
secure, and make available to all assessors which 191
publication shall be used. The assessor of each county and 192
each city not within a county shall use the trade-in value 193
published in the current October issue of the publication 194
selected by the state tax commission. The assessor shall 195
not use a value that is greater than the average trade-in 196
value in determining the true value of the motor vehicle 197
without performing a physical inspection of the motor 198
vehicle. For vehicles two years old or newer from a 199
vehicle's model year, the assessor may use a value other 200
than average without performing a physical inspection of the 201
motor vehicle. In the absence of a listing for a particular 202
motor vehicle in such publication, the assessor shall use 203
such information or publications [which] that, in the 204 SCS HB 199 132
assessor's judgment, will fairly estimate the true value in 205
money of the motor vehicle. The assessor shall not assess a 206
motor vehicle for an amount greater than such motor vehicle 207
was assessed in the previous year, provided that such motor 208
vehicle was properly assessed in the previous year. 209
10. Before the assessor may increase the assessed 210
valuation of any parcel of subclass (1) real property by 211
more than fifteen percent since the last assessment, 212
excluding increases due to new construction or improvements, 213
the assessor shall conduct a physical inspection of such 214
property. 215
11. If a physical inspection is required, pursuant to 216
subsection 10 of this section, the assessor shall notify the 217
property owner of that fact in writing and shall provide the 218
owner clear written notice of the owner's rights relating to 219
the physical inspection. If a physical inspection is 220
required, the property owner may request that an interior 221
inspection be performed during the physical inspection. The 222
owner shall have no less than thirty days to notify the 223
assessor of a request for an interior physical inspection. 224
12. A physical inspection, as required by subsection 225
10 of this section, shall include, but not be limited to, an 226
on-site personal observation and review of all exterior 227
portions of the land and any buildings and improvements to 228
which the inspector has or may reasonably and lawfully gain 229
external access, and shall include an observation and review 230
of the interior of any buildings or improvements on the 231
property upon the timely request of the owner pursuant to 232
subsection 11 of this section. Mere observation of the 233
property via a drive-by inspection or the like shall not be 234
considered sufficient to constitute a physical inspection as 235
required by this section. 236 SCS HB 199 133
13. A county or city collector may accept credit cards 237
as proper form of payment of outstanding property tax or 238
license due. No county or city collector may charge 239
surcharge for payment by credit card which exceeds the fee 240
or surcharge charged by the credit card bank, processor, or 241
issuer for its service. A county or city collector may 242
accept payment by electronic transfers of funds in payment 243
of any tax or license and charge the person making such 244
payment a fee equal to the fee charged the county by the 245
bank, processor, or issuer of such electronic payment. 246
14. Any county or city not within a county in this 247
state may, by an affirmative vote of the governing body of 248
such county, opt out of the provisions of this section and 249
sections 137.073, 138.060, and 138.100 as enacted by house 250
bill no. 1150 of the ninety-first general assembly, second 251
regular session and section 137.073 as modified by house 252
committee substitute for senate substitute for senate 253
committee substitute for senate bill no. 960, ninety-second 254
general assembly, second regular session, for the next year 255
of the general reassessment, prior to January first of any 256
year. No county or city not within a county shall exercise 257
this opt-out provision after implementing the provisions of 258
this section and sections 137.073, 138.060, and 138.100 as 259
enacted by house bill no. 1150 of the ninety-first general 260
assembly, second regular session and section 137.073 as 261
modified by house committee substitute for senate substitute 262
for senate committee substitute for senate bill no. 960, 263
ninety-second general assembly, second regular session, in a 264
year of general reassessment. For the purposes of applying 265
the provisions of this subsection, a political subdivision 266
contained within two or more counties where at least one of 267
such counties has opted out and at least one of such 268 SCS HB 199 134
counties has not opted out shall calculate a single tax rate 269
as in effect prior to the enactment of house bill no. 1150 270
of the ninety-first general assembly, second regular 271
session. A governing body of a city not within a county or 272
a county that has opted out under the provisions of this 273
subsection may choose to implement the provisions of this 274
section and sections 137.073, 138.060, and 138.100 as 275
enacted by house bill no. 1150 of the ninety-first general 276
assembly, second regular session, and section 137.073 as 277
modified by house committee substitute for senate substitute 278
for senate committee substitute for senate bill no. 960, 279
ninety-second general assembly, second regular session, for 280
the next year of general reassessment, by an affirmative 281
vote of the governing body prior to December thirty-first of 282
any year. 283
15. The governing body of any city of the third 284
classification with more than twenty-six thousand three 285
hundred but fewer than twenty-six thousand seven hundred 286
inhabitants located in any county that has exercised its 287
authority to opt out under subsection 14 of this section may 288
levy separate and differing tax rates for real and personal 289
property only if such city bills and collects its own 290
property taxes or satisfies the entire cost of the billing 291
and collection of such separate and differing tax rates. 292
Such separate and differing rates shall not exceed such 293
city's tax rate ceiling. 294
16. Any portion of real property that is available as 295
reserve for strip, surface, or coal mining for minerals for 296
purposes of excavation for future use or sale to others that 297
has not been bonded and permitted under chapter 444 shall be 298
assessed based upon how the real property is currently being 299
used. Any information provided to a county assessor, state 300 SCS HB 199 135
tax commission, state agency, or political subdivision 301
responsible for the administration of tax policies shall, in 302
the performance of its duties, make available all books, 303
records, and information requested, except such books, 304
records, and information as are by law declared confidential 305
in nature, including individually identifiable information 306
regarding a specific taxpayer or taxpayer's mine property. 307
For purposes of this subsection, "mine property" shall mean 308
all real property that is in use or readily available as a 309
reserve for strip, surface, or coal mining for minerals for 310
purposes of excavation for current or future use or sale to 311
others that has been bonded and permitted under chapter 444. 312
137.1050. 1. For the purposes of this section, the 1
following terms shall mean: 2
(1) "Eligible credit amount", the difference between 3
an eligible taxpayer's real property tax liability on such 4
taxpayer's homestead for a given tax year, minus the real 5
property tax liability on such homestead in the eligible 6
taxpayer's initial credit year; 7
(2) "Eligible taxpayer", a Missouri resident who: 8
(a) Is sixty-two years of age or older; 9
(b) Is an owner of record of a homestead or has a 10
legal or equitable interest in such property as evidenced by 11
a written instrument; and 12
(c) Is liable for the payment of real property taxes 13
on such homestead; 14
(3) "Homestead", real property actually occupied by an 15
eligible taxpayer as the primary residence. An eligible 16
taxpayer shall not claim more than one primary residence; 17
(4) "Initial credit year": 18
(a) In the case of a taxpayer that meets all 19
requirements of subdivision (2) of this subsection prior to 20 SCS HB 199 136
the year in which a credit is authorized pursuant to 21
subsection 2 of this section, the year in which such credit 22
is authorized; 23
(b) For all other taxpayers, the year in which the 24
taxpayer meets all requirements of subdivision (2) of this 25
subsection. 26
If in any tax year subsequent to the eligible taxpayer's 27
initial credit year the eligible taxpayer's real property 28
tax liability is lower than such liability in the initial 29
credit year, such tax year shall be considered the eligible 30
taxpayer's initial credit year for all subsequent tax 31
years. This provision shall not apply if an eligible 32
taxpayer's real property tax liability is lower than such 33
liability in the taxpayer's initial credit year solely due 34
to a reduction in a property tax levy made pursuant to 35
section 321.905. 36
2. (1) Any county authorized to impose a property tax 37
may grant a property tax credit to eligible taxpayers 38
residing in such county in an amount equal to the taxpayer's 39
eligible credit amount, provided that: 40
(a) Such county adopts an ordinance authorizing such 41
credit; or 42
(b) a. A petition in support of a referendum on such 43
a credit is signed by at least five percent of the 44
registered voters of such county voting in the last 45
gubernatorial election and the petition is delivered to the 46
governing body of the county, which shall subsequently hold 47
a referendum on such credit. 48
b. The ballot of submission for the question submitted 49
to the voters pursuant to paragraph (b) of this subdivision 50
shall be in substantially the following form: 51 SCS HB 199 137
If a majority of the votes cast on the proposal by the 57
qualified voters voting thereon are in favor of the 58
proposal, then the credit shall be in effect. 59
(2) An ordinance adopted pursuant to paragraph (a) of 60
subdivision (1) of this subsection shall not preclude such 61
ordinance from being amended or superseded by a petition 62
subsequently adopted pursuant to paragraph (b) of 63
subdivision (1) of this subsection. 64
3. (1) A county granting credit pursuant to this 65
section shall apply such credit when calculating the 66
eligible taxpayer's property tax liability for the tax 67
year. The amount of the credit shall be noted on the 68
statement of tax due sent to the eligible taxpayer by the 69
county collector. The county governing body may adopt 70
reasonable procedures in order to carry out the purposes and 71
intent of this section, provided that the county shall not 72
adopt any procedure that limits the definition or scope of 73
eligible credit amount or eligible taxpayer as defined in 74
this section. 75
(2) If an eligible taxpayer makes new construction and 76
improvements to such eligible taxpayer's homestead, the real 77
property tax liability for the taxpayer's initial credit 78
year shall be increased to reflect the real property tax 79
liability attributable to such new construction and 80
improvements. 81
52
53
54
55
Shall the County of ______ exempt senior citizens
aged 62 and older from increases in the property
tax liability due on such senior citizens' primary
residence?
56 □ YES □ NO SCS HB 199 138
(3) If an eligible taxpayer's homestead is annexed 82
into a taxing jurisdiction to which such eligible taxpayer 83
did not owe real property tax in the eligible taxpayer's 84
initial credit year, then the real property tax liability 85
for the taxpayer's initial credit year shall be increased to 86
reflect the real property tax liability owed to the annexing 87
taxing jurisdiction. 88
4. For the purposes of calculating property tax levies 89
pursuant to section 137.073, the total amount of credits 90
authorized by a county pursuant to this section shall be 91
considered tax revenue, as such term is defined in section 92
137.073, actually received. 93
5. A county granting a tax credit pursuant to this 94
section shall notify each political subdivision within such 95
county of the total credit amount applicable to such 96
political subdivision by no later than November thirtieth of 97
each year. 98
140.984. 1. The income of a land bank agency shall be 1
exempt from all taxation by the state and by any of its 2
political subdivisions. Upon acquiring title to any real 3
estate, a land bank agency shall immediately notify the 4
county assessor and the county collector of such ownership; 5
all taxes, special taxes, fines, and fees on such real 6
estate shall be deemed satisfied by transfer to the land 7
bank agency; and such property shall be exempt from all 8
taxation during the land bank agency's ownership thereof, in 9
the same manner and to the same extent as any other publicly 10
owned real estate. Upon the sale or other disposition of 11
any real estate held by it, the land bank agency shall 12
immediately notify the county assessor and the county 13
collector of such change of ownership. However, that such 14
tax exemption for improved and occupied real property held 15 SCS HB 199 139
by the land bank agency as a lessor pursuant to a ground 16
lease shall terminate upon the first occupancy, and the land 17
bank agency shall immediately notify the county assessor and 18
the county collector of such occupancy. 19
2. A land bank agency may acquire real property by 20
gift, devise, transfer, exchange, foreclosure, purchase, or 21
pursuant to sections 141.560 to 141.580 or section 141.821, 22
except a land bank agency shall not acquire property located 23
partially or wholly outside the boundaries of the county or 24
municipality that established such land bank agency. [For 25
purchases of real property not made through foreclosure or 26
pursuant to sections 141.560 to 141.580, a land bank agency 27
may only purchase real property if such property is adjacent 28
to real property already owned by the land bank agency.] 29
3. A land bank agency may acquire property by purchase 30
contracts, lease purchase agreements, installment sales 31
contracts, and land contracts and may accept transfers from 32
political subdivisions upon such terms and conditions as 33
agreed to by the land bank agency and the political 34
subdivision. A land bank agency may[, for the purpose of 35
adding to a parcel already owned by the land bank agency,] 36
bid on any parcel of real estate offered for sale, offered 37
at a foreclosure sale under sections 140.220 to 140.250, 38
offered at a sale conducted under section 140.190, 140.240, 39
or 140.250, or offered at a foreclosure sale under section 40
141.550. Notwithstanding any other law to the contrary, any 41
political subdivision may transfer to the land bank agency 42
real property and interests in real property of the 43
political subdivision on such terms and conditions and 44
according to such procedures as determined by the political 45
subdivision. 46 SCS HB 199 140
4. A land bank agency shall maintain all of its real 47
property in accordance with the laws and ordinances of the 48
jurisdictions in which the real property is located. 49
5. Upon issuance of a deed to a parcel of real estate 50
to a land bank agency under subsection 4 of section 140.250, 51
subsection 5 of section 140.405, other sale conducted under 52
section 140.190, 140.240, or 140.250, or section 141.550, 53
the land bank agency shall pay only the amount of the land 54
bank agency's bid that exceeds the amount of all tax bills 55
included in the judgment, interest, penalties, attorney's 56
fees, taxes, and costs then due thereon. If the real estate 57
is acquired in a delinquent land tax auction under 58
subsection 4 of section 140.250, subsection 5 of section 59
140.405, or other sale conducted under section 140.190, 60
140.240, or 140.250, such excess shall be applied and 61
distributed in accordance with section 140.230. If the real 62
estate is acquired in a delinquent land tax auction under 63
section 141.550, such excess shall be applied and 64
distributed in accordance with subsections 3 and 4 of 65
section 141.580, exclusive of subdivision (3) of subsection 66
3 of section 141.580. Upon issuance of a deed, the county 67
collector shall mark the tax bills included in the judgment 68
as "cancelled by sale to the land bank" and shall take 69
credit for the full amount of such tax bills, including 70
principal amount, interest, penalties, attorney's fees, and 71
costs, on the county collector's books and in the county 72
collector's statements with any other taxing authorities. 73
6. A land bank shall not own real property unless the 74
property is wholly located within the boundaries of the 75
county or municipality that established the land bank agency. 76
7. Within one year of the effective date of the 77
ordinance, resolution, or rule passed establishing a 78 SCS HB 199 141
municipal land bank agency under subsection 2 of section 79
140.981, the title to any real property that is located 80
wholly within the municipality that created the land bank 81
agency and that is held by a land trust created under 82
subsection 1 of section 141.821 shall be transferred by deed 83
from the land trust to such land bank agency, at the land 84
bank agency's request. 85
144.757. 1. Any county or municipality may, by a 1
majority vote of its governing body, impose a local use tax 2
if a local sales tax is imposed as defined in section 32.085 3
or if a sales tax is imposed under section 94.850 or 94.890, 4
with such local use tax imposed at a rate equal to the rate 5
of the local sales tax and any sales tax imposed under 6
section 94.850 or 94.890 by such county or municipality; 7
provided, however, that no ordinance or order enacted 8
pursuant to sections 144.757 to 144.761 shall be effective 9
unless the governing body of the county or municipality 10
submits to the voters thereof at a municipal, county or 11
state general, primary or special election a proposal to 12
authorize the governing body of the county or municipality 13
to impose a local use tax pursuant to sections 144.757 to 14
144.761. 15
(1) The ballot of submission shall contain 16
substantially the following language: 17
18
19
20
21
22
23
Shall the ______ (county or municipality's name)
impose a local use tax at the same rate as the
total local sales tax rate, provided that if the
local sales tax rate is reduced or raised by voter
approval, the local use tax rate shall also be
reduced or raised by the same action?
24 □ YES □ NO SCS HB 199 142
(2) If any of such ballots are submitted on August 6, 29
1996, and if a majority of the votes cast on the proposal by 30
the qualified voters voting thereon are in favor of the 31
proposal, then the ordinance or order and any amendments 32
thereto shall be in effect October 1, 1996, provided the 33
director of revenue receives notice of adoption of the local 34
use tax on or before August 16, 1996. If any of such 35
ballots are submitted after December 31, 1996, and if a 36
majority of the votes cast on the proposal by the qualified 37
voters voting thereon are in favor of the proposal, then the 38
ordinance or order and any amendments thereto shall be in 39
effect on the first day of the calendar quarter which begins 40
at least forty-five days after the director of revenue 41
receives notice of adoption of the local use tax. If a 42
majority of the votes cast by the qualified voters voting 43
are opposed to the proposal, then the governing body of the 44
county or municipality shall have no power to impose the 45
local use tax as herein authorized unless and until the 46
governing body of the county or municipality shall again 47
have submitted another proposal to authorize the governing 48
body of the county or municipality to impose the local use 49
tax and such proposal is approved by a majority of the 50
qualified voters voting thereon. 51
2. The local use tax may be imposed at the same rate 52
as the local sales tax then currently in effect in the 53
county or municipality upon all transactions which are 54
subject to the taxes imposed pursuant to sections 144.600 to 55
144.745 within the county or municipality adopting such tax; 56
25
26
27
28
If you are in favor of the question, place an “X”
in the box opposite “YES”. If you are opposed to
the question, place an “X” in the box opposite “ NO”.
SCS HB 199 143
provided, however, that if any local sales tax is repealed 57
or the rate thereof is reduced or raised by voter approval, 58
the local use tax rate shall also be deemed to be repealed, 59
reduced or raised by the same action repealing, reducing or 60
raising the local sales tax. 61
3. For purposes of sections 144.757 to 144.761, the 62
use tax may be referred to or described as the equivalent of 63
a sales tax on purchases made from out-of-state sellers by 64
in-state buyers and on certain intrabusiness transactions. 65
Such a description shall not change the classification, form 66
or subject of the use tax or the manner in which it is 67
collected. The use tax shall not be described as a new tax 68
or as not a new tax and shall not be advertised or promoted 69
in a manner in violation of section 115.646. 70
4. For the purposes of sections 144.757 to 144.761, 71
the term "county or municipality" shall include the 72
governing body of any taxing jurisdiction authorized to 73
impose a sales tax for emergency services. 74
182.645. 1. The fiscal year for each consolidated 1
public library district shall be July first to June 2
thirtieth unless otherwise set by the board of trustees, and 3
each year the librarian shall submit to the board of 4
trustees a budget for the forthcoming fiscal year. The 5
board shall approve the budget after making any changes 6
therein that it deems necessary. The budget shall be 7
approved on or before [June thirtieth] the last day of the 8
fiscal year preceding the fiscal year for which the budget 9
was prepared. The board on its own motion or at the request 10
of the librarian, from time to time, may amend or modify the 11
approved budget. A copy of the approved budget shall be 12
filed with each county commission or county executive office 13 SCS HB 199 144
of the counties comprising the consolidated public library 14
district, and with the state auditor. 15
2. The treasurer of the board of trustees of a 16
consolidated public library district shall receive and be 17
the custodian of all money belonging to the district from 18
whatever source derived. All funds of the consolidated 19
public library district derived from local taxation to be 20
used for normal operations of the district and received from 21
the county collector, shall be kept in a consolidated 22
library operating fund. All funds belonging to the district 23
which are to be used for building purposes shall be kept in 24
a consolidated library building fund; all funds derived from 25
state aid or federal grants, other than land, building and 26
furnishing grants, shall be kept in the consolidated library 27
operating fund; and the board may establish any other funds 28
that it deems necessary. The treasurer shall deposit all 29
moneys belonging to the consolidated public library district 30
in the depositaries that are selected by the board of 31
trustees. The treasurer shall also be the custodian of all 32
bonds or other securities belonging to the consolidated 33
public library district. 34
3. Consolidated public library district moneys shall 35
be disbursed by the treasurer by appropriate instrument of 36
payment only upon due authorization of the consolidated 37
public library district board of trustees and duly certified 38
for payment by the president. The certification shall 39
specify the amount to be paid, to whom payment is to be made 40
and the purpose for which payment is being made. The board 41
by resolution may direct that the signature of the president 42
or treasurer be a facsimile signature in the manner provided 43
by sections 105.273 to 105.278. 44 SCS HB 199 145
4. No authorization or certification shall be made, 45
and no instrument of payment issued for the payment of any 46
consolidated public library district indebtedness unless 47
there is sufficient money in the treasury and the proper 48
fund for the payment of the indebtedness and be in the 49
proper form. 50
5. The treasurer of the board of trustees shall submit 51
to the board of trustees, at each regularly scheduled 52
meeting of the board, an accounting reflecting receipt and 53
disbursement of funds belonging to the consolidated public 54
library district. 55
221.400. 1. Any two or more contiguous counties 1
within the state may form an agreement to establish a 2
regional jail district. The district shall have a boundary 3
which includes the areas within each member county, and it 4
shall be named the "______ Regional Jail District". Such 5
regional jail districts may contract to carry out the 6
mission of the commission and the regional jail district. 7
2. The county commission of each county desiring to 8
join the district shall approve an ordinance, order, or 9
resolution to join the district and shall approve the 10
agreement which specifies the duties of each county within 11
the district. 12
3. If any county wishes to join a district which has 13
already been established under this section, the agreement 14
shall be rewritten and reapproved by each member county. If 15
the district already levies a sales tax pursuant to section 16
221.407, the county desiring to join shall have approved the 17
levy of the district sales tax in the county pursuant to 18
subsection 3 of section 221.407, and the rewritten agreement 19
shall be provided. 20 SCS HB 199 146
4. The agreement which specifies the duties of each 21
county shall contain the following: 22
(1) The name of the district; 23
(2) The names of the counties within the district; 24
(3) The formula for calculating each county's 25
contribution to the costs of the district; 26
(4) The types of prisoners which the regional jail may 27
house, limited to prisoners which may be transferred to 28
counties under state law; 29
(5) The methods and powers which may be used for 30
constructing, leasing or financing a regional jail; 31
(6) The duties of the director of the regional jail; 32
(7) The timing and procedures for approval of the 33
regional jail district's annual budget by the regional jail 34
commission; and 35
(8) The delegation, if any, by the member counties to 36
the regional jail district of the power of eminent domain. 37
5. Any county, city, town or village may contract with 38
a regional jail commission for the holding of its prisoners. 39
221.402. In addition to the powers granted to the 1
district by its member counties under the agreement, the 2
district has all the powers necessary or appropriate to 3
carry out its purposes, including, but not limited to, the 4
following: 5
(1) To adopt bylaws and rules for the regulation of 6
its affairs and the conduct of its business; 7
(2) To adopt an official seal; 8
(3) To maintain an office at such place or places in 9
one or more of the member counties as the commission may 10
designate; 11
(4) To sue and be sued; 12 SCS HB 199 147
(5) To make and execute leases, contracts, releases, 13
compromises and other instruments necessary or convenient 14
for the exercise of its powers or to carry out its purposes; 15
(6) To acquire, construct, reconstruct, repair, alter, 16
improve, [and] equip, extend, and maintain jail facilities; 17
(7) To sell, lease, assign, mortgage, grant a security 18
interest in, exchange, donate and convey any or all of its 19
properties whenever the commission finds such action to be 20
in furtherance of the district's purposes; 21
(8) To collect rentals, fees and other charges in 22
connection with its services or for the use of any 23
facilities; 24
(9) To issue its bonds, notes or other obligations for 25
any of its corporate purposes and to refund the same. 26
221.405. 1. Any regional jail district created 1
pursuant to section 221.400 shall be governed by a 2
commission. The commission shall be composed of the sheriff 3
and presiding commissioner from each county within the 4
district. 5
2. Each commissioner shall serve during his tenure as 6
sheriff or as presiding commissioner. 7
3. Commissioners shall serve until their successors in 8
their county offices have [been duly appointed] assumed 9
office. Vacancies on the commission shall be filled by the 10
succeeding sheriff or presiding commissioner for the 11
remainder of the term. 12
4. Commissioners shall serve without compensation, 13
except that they shall be reimbursed by the district for 14
their reasonable and necessary expenses in the performance 15
of their duties. 16 SCS HB 199 148
5. A jail commissioner from each county in the 17
district shall present a proposed budget to the county 18
commission. 19
221.407. 1. The commission of any regional jail 1
district may impose, by order, a sales tax in the amount of 2
[one-eighth of] up to one percent[, one-fourth of one 3
percent, three-eighths of one percent, or one-half of one 4
percent] on all retail sales made in such region which are 5
subject to taxation pursuant to the provisions of sections 6
144.010 to 144.525 for the purpose of providing jail 7
services [and court], facilities, and equipment for such 8
region. The tax authorized by this section shall be in 9
addition to any and all other sales taxes allowed by law, 10
except that no order imposing a sales tax pursuant to this 11
section shall be effective unless the commission submits to 12
the voters of the district, on any election date authorized 13
in chapter 115, a proposal to authorize the commission to 14
impose a tax. 15
2. The ballot of submission shall contain, but need 16
not be limited to, the following language: 17
18
19
20
21
22
Shall the ______________ (District name) regional
jail district [of ______ (counties' names)] impose
a region-wide sales tax of ______ (insert amount)
for the purpose of providing jail services [and
court], facilities, and equipment for the region?
23 □ YES □ NO
24
25
26
27
If you are in favor of the question, place an "X"
in the box opposite "YES". If you are opposed to
the question, place an "X" in the box opposite
"NO".
SCS HB 199 149
If a majority of the votes cast on the proposal by the 28
qualified voters of the district voting thereon are in favor 29
of the proposal, then the order and any amendment to such 30
order shall be in effect on the first day of the second 31
quarter immediately following the election approving the 32
proposal. If the proposal receives less than the required 33
majority, the commission shall have no power to impose the 34
sales tax authorized pursuant to this section unless and 35
until the commission shall again have submitted another 36
proposal to authorize the commission to impose the sales tax 37
authorized by this section and such proposal is approved by 38
the [required] majority of the qualified voters of the 39
district voting on such proposal[; however, in no event 40
shall a proposal pursuant to this section be submitted to 41
the voters sooner than twelve months from the date of the 42
last submission of a proposal pursuant to this section]. 43
3. In the case of a county attempting to join an 44
existing district that levies a sales tax pursuant to 45
subsection 1 of this section, such joining with the district 46
shall not become effective until the approval of the voters 47
to levy the district sales tax in the county attempting to 48
join the district has been obtained. The election shall be 49
called by the county commission of the county attempting to 50
join the district, and the district shall by ordinance or 51
order provide that the sales tax shall be levied in the 52
joining county, subject to approval of the county voters as 53
herein provided. The ballot of submission shall contain, 54
but need not be limited to, the following language: 55
56
57
58
Shall the ______________ (District name) extend
its regional jail district sales tax of __________
(insert amount) to the boundaries of ________
SCS HB 199 150
If a majority of the votes cast on the proposal by the 67
qualified voters of the county attempting to join the 68
district voting thereon are in favor of the proposal, then 69
the tax shall be in effect on the first day of the second 70
quarter immediately following the election approving the 71
proposal, the county shall have been deemed to have joined 72
the district pursuant to a rewritten agreement as provided 73
in subsection 3 of section 221.400, and the order of the 74
commission levying the tax shall also become effective as to 75
the joining county on said date. If the proposal receives 76
less than the required majority, the district shall have no 77
power to impose the sales tax authorized pursuant to this 78
section, and the county attempting to join the district 79
shall not be permitted to do so, unless and until the county 80
commission of the county attempting to join the district 81
shall again have submitted another proposal to authorize the 82
imposition of the sales tax authorized by this section and 83
such proposal is approved by the majority of the qualified 84
voters of the county attempting to join the district voting 85
on such proposal. 86
4. All revenue received by a district from the tax 87
authorized pursuant to this section shall be deposited in a 88
special trust fund and shall be used solely for providing 89
59
60
61
(name of joining county) for the purpose of
providing jail services, facilities, and equipment
for the region?
62 □ YES □ NO
63
64
65
66
If you are in favor of the question, place an "X"
in the box opposite "YES". If you are opposed to
the question, place an "X" in the box opposite
"NO".
SCS HB 199 151
jail services [and court], facilities, and equipment for 90
such district for so long as the tax shall remain in effect. 91
[4.] 5. Once the tax authorized by this section is 92
abolished or terminated by any means, all funds remaining in 93
the special trust fund shall be used solely for providing 94
jail services [and court], facilities, and equipment for the 95
district. Any funds in such special trust fund which are 96
not needed for current expenditures may be invested by the 97
commission in accordance with applicable laws relating to 98
the investment of other county funds. 99
[5.] 6. All sales taxes collected by the director of 100
revenue pursuant to this section on behalf of any district, 101
less one percent for cost of collection which shall be 102
deposited in the state's general revenue fund after payment 103
of premiums for surety bonds as provided in section 32.087, 104
shall be deposited in a special trust fund, which is hereby 105
created, to be known as the "Regional Jail District Sales 106
Tax Trust Fund". The moneys in the regional jail district 107
sales tax trust fund shall not be deemed to be state funds 108
and shall not be commingled with any funds of the state. 109
The director of revenue shall keep accurate records of the 110
amount of money in the trust fund which was collected in 111
each district imposing a sales tax pursuant to this section, 112
and the records shall be open to the inspection of officers 113
of each member county and the public. Not later than the 114
tenth day of each month the director of revenue shall 115
distribute all moneys deposited in the trust fund during the 116
preceding month to the district which levied the tax. Such 117
funds shall be deposited with the treasurer of each such 118
district, and all expenditures of funds arising from the 119
regional jail district sales tax trust fund shall be paid 120
pursuant to an appropriation adopted by the commission and 121 SCS HB 199 152
shall be approved by the commission. Expenditures may be 122
made from the fund for any [function authorized in the order 123
adopted by the commission submitting the regional jail 124
district tax to the voters] of the district's authorized 125
purposes. 126
[6.] 7. The director of revenue may make refunds from 127
the amounts in the trust fund and credited to any district 128
for erroneous payments and overpayments made, and may redeem 129
dishonored checks and drafts deposited to the credit of such 130
districts. If any district abolishes the tax, the 131
commission shall notify the director of revenue of the 132
action at least ninety days prior to the effective date of 133
the repeal, and the director of revenue may order retention 134
in the trust fund, for a period of one year, of two percent 135
of the amount collected after receipt of such notice to 136
cover possible refunds or overpayment of the tax and to 137
redeem dishonored checks and drafts deposited to the credit 138
of such accounts. After one year has elapsed after the 139
effective date of abolition of the tax in such district, the 140
director of revenue shall remit the balance in the account 141
to the district and close the account of that district. The 142
director of revenue shall notify each district in each 143
instance of any amount refunded or any check redeemed from 144
receipts due the district. 145
[7.] 8. Except as provided in this section, all 146
provisions of sections 32.085 and 32.087 shall apply to the 147
tax imposed pursuant to this section. 148
[8. The provisions of this section shall expire 149
September 30, 2028.] 150
221.410. Except as provided in sections 221.400 to 1
221.420 the regional jail commission shall have the 2
following powers and duties: 3 SCS HB 199 153
(1) It shall implement the agreement approved by the 4
counties within the district under section 221.400; 5
(2) It shall determine the means to establish a 6
regional jail for the district; 7
(3) It shall appoint a director for the regional jail; 8
(4) It shall determine the initial budget for the 9
regional jail and shall approve, after a review and a 10
majority of the commissioners concurring therein, all 11
subsequent budgets, for which proposals may be submitted by 12
the director; 13
(5) It may determine the policies for the housing of 14
prisoners within the regional jail; 15
(6) It may buy, lease or sell real or personal 16
property for the purpose of establishing and maintaining a 17
regional jail, and it may contract with public or private 18
entities [for the planning and acquisition of a] to acquire, 19
construct, reconstruct, repair, alter, improve, equip, and 20
extend a regional jail; 21
(7) It may contract with [the department of 22
corrections and with cities and other counties in this 23
state] governmental entities, including, without limitation, 24
agencies and instrumentalities thereof, or private entities 25
for the housing of prisoners; 26
(8) It shall approve all positions to be created for 27
the purpose of administering the regional jail; and 28
(9) It shall approve a location for the regional jail 29
which is [generally central to] within the district. 30
238.060. 1. There shall be five commissioners of the 1
Kansas City area transportation authority appointed from 2
within the district established by the compact between the 3
states of Missouri and Kansas. One commissioner each shall 4
be appointed from Cass, Platte and Clay counties. One 5 SCS HB 199 154
commissioner shall be appointed from a part of Jackson 6
County other than that part of such county that is within 7
the city of Kansas City, and one commissioner shall be 8
appointed from the city of Kansas City. The commissioners 9
serving on August 28, 2000, shall serve the remainder of the 10
term for which they were appointed. 11
2. Within sixty days before the expiration of the term 12
of each commissioner holding office on August 28, 2000, or 13
any commissioner holding office after August 28, 2000, or 14
within thirty days after the position of a commissioner 15
shall become vacant, that commissioner's successor shall be 16
appointed as follows: 17
(1) If the current commissioner or the position which 18
has become vacant was appointed from Platte or Clay County, 19
the county commission of the county shall submit a panel of 20
three persons who are residents of that county and of any 21
city, town or village, including the city of Kansas City, 22
Missouri, that has appropriated funds for operations of the 23
Kansas City area transportation authority in its current or 24
immediately preceding fiscal year, selected by a majority 25
vote of the commission, to the mayor of Kansas City, 26
Missouri, who shall appoint from such panel, with the 27
approval of a majority of the members of the city council of 28
the city of Kansas City, Missouri, a successor; 29
(2) If the current commissioner or the position which 30
has become vacant was appointed from Cass County, the county 31
commission of the county shall, by a majority vote, submit a 32
panel of three persons who are residents of the county to 33
the governor. Within thirty days of submission, the 34
governor shall appoint one person from the panel as 35
commissioner, with the advice and consent of the senate; 36
provided that, if any panel is not submitted to the governor 37 SCS HB 199 155
by the time appointment is required, the governor shall 38
appoint a qualified person meeting the residency 39
requirements to fill the vacancy; 40
(3) If the current commissioner or the position which 41
has become vacant was appointed from Jackson County, the 42
county executive of Jackson County shall appoint a successor 43
who shall be a resident of any city, town or village, other 44
than the city of Kansas City, Missouri, that has 45
appropriated funds for operations of the Kansas City area 46
transportation authority in its current or immediately 47
preceding fiscal year; 48
(4) If the current commissioner or the position which 49
has become vacant was appointed from Kansas City, Missouri, 50
the mayor of Kansas City, Missouri, shall appoint a 51
successor who is a resident of that city. 52
3. Each commissioner appointed pursuant to this 53
section shall hold office for a term of four years or for 54
the unexpired term of his or her predecessor and shall 55
continue in office until his or her successor has been 56
appointed and has qualified. No person shall serve more 57
than two consecutive four-year terms as a commissioner, 58
provided that a person appointed to serve the unexpired term 59
of a predecessor whose remaining term at the time of such 60
appointment is more than two and one-half years shall only 61
be permitted to serve one additional, consecutive four-year 62
term. 63
311.084. 1. As used in this section, the following 1
terms mean: 2
(1) "Common area", any area designated as a common 3
area in a development plan for an entertainment district 4
approved by the governing body of the county, city, town, or 5
village; any area of a public right-of-way that is adjacent 6 SCS HB 199 156
to or within the entertainment district and has crossings 7
well marked; and any other area identified in the 8
development plan or district plan; 9
(2) "Entertainment district", any area located in any 10
county that borders on or that contains part of a lake with 11
not less than one thousand miles of shoreline that: 12
(a) Is located in any city with more than one thousand 13
nine hundred but fewer than two thousand one hundred fifty 14
inhabitants and partially located in a county with more than 15
twenty-two thousand but fewer than twenty-five thousand 16
inhabitants and with a county seat with more than one 17
hundred but fewer than five hundred inhabitants; and 18
(b) Contains a combination of entertainment venues, 19
bars, nightclubs, and restaurants; 20
(3) "Portable bar", any bar, table, kiosk, cart, or 21
stand that is not a permanent fixture and can be moved from 22
place to place. 23
2. Notwithstanding any other provisions of this 24
chapter to the contrary, any person who possesses the 25
qualifications required by this chapter, and who meets the 26
requirements of and complies with the provisions of this 27
chapter, may apply for, and the supervisor of alcohol and 28
tobacco control may issue, an entertainment district special 29
license to sell intoxicating liquor by the drink for retail 30
for consumption dispensed from one or more portable bars 31
within the entertainment district from 6:00 a.m. until 3:00 32
a.m. on the following day, Monday through Saturday, and from 33
6:00 a.m. until 1:30 a.m. the following day on Sunday. 34
3. An applicant granted an entertainment district 35
special license under this section shall pay a license fee 36
of three hundred dollars per year. 37 SCS HB 199 157
4. Notwithstanding any other provision of this chapter 38
to the contrary, the holder of the entertainment district 39
special license, at its sole discretion, shall determine 40
when and where a licensee is allowed under this chapter to 41
sell alcoholic beverages. Persons may be allowed to leave 42
licensed establishments located in portions of the 43
entertainment district with an alcoholic beverage and enter 44
upon and consume the alcoholic beverage within other 45
licensed establishments and common areas located in portions 46
of the entertainment district. No person shall take any 47
alcoholic beverage or alcoholic beverages outside the 48
boundaries of the entertainment district. At times when a 49
person is allowed to consume alcoholic beverages dispensed 50
from portable bars and in common areas of all or any portion 51
of the entertainment district, the entertainment district 52
shall ensure that minors can be easily distinguished from 53
persons of legal age buying alcoholic beverages. 54
5. Every licensee within the entertainment district 55
shall serve alcoholic beverages in containers that display 56
and contain the licensee's trade name or logo or some other 57
mark that is unique to that license and licensee. 58
6. The holder of an entertainment district special 59
license is solely responsible for alcohol violations 60
occurring at its portable bar and in any common area. 61
321.552. 1. Except in any county of the first 1
classification with over two hundred thousand inhabitants, 2
or any county of the first classification without a charter 3
form of government and with more than seventy-three thousand 4
seven hundred but less than seventy-three thousand eight 5
hundred inhabitants; or any county of the first 6
classification without a charter form of government and with 7
more than one hundred eighty-four thousand but less than one 8 SCS HB 199 158
hundred eighty-eight thousand inhabitants; or any county 9
with a charter form of government with over one million 10
inhabitants; or any county with a charter form of government 11
with over two hundred eighty thousand inhabitants but less 12
than three hundred thousand inhabitants, the governing body 13
of any ambulance or fire protection district may impose a 14
sales tax in an amount up to [one-half of] one percent on 15
all retail sales made in such ambulance or fire protection 16
district which are subject to taxation pursuant to the 17
provisions of sections 144.010 to 144.525 provided that such 18
sales tax shall be accompanied by a reduction in the 19
district's tax rate as defined in section 137.073. The tax 20
authorized by this section shall be in addition to any and 21
all other sales taxes allowed by law, except that no sales 22
tax imposed pursuant to the provisions of this section shall 23
be effective unless the governing body of the ambulance or 24
fire protection district submits to the voters of such 25
ambulance or fire protection district, at a municipal or 26
state general, primary or special election, a proposal to 27
authorize the governing body of the ambulance or fire 28
protection district to impose a tax pursuant to this section. 29
2. The ballot of submission shall contain, but need 30
not be limited to, the following language: 31
32
33
34
35
36
37
38
39
40
41
Shall ______ (insert name of ambulance or fire
protection district) impose a sales tax of ______
(insert amount up to [one-half) of] one percent)
for the purpose of providing revenues for the
operation of the ______ (insert name of ambulance
or fire protection district) and the total
property tax levy on properties in the ______
(insert name of the ambulance or fire protection
district) shall be reduced an nually by an amount
which reduces property tax revenues by an amount
SCS HB 199 159
3. If a majority of the votes cast on the proposal by 49
the qualified voters voting thereon are in favor of the 50
proposal, then the sales tax authorized in this section 51
shall be in effect and the governing body of the ambulance 52
or fire protection district shall lower the level of its tax 53
rate by an amount which reduces property tax revenues by an 54
amount equal to fifty percent of the amount of sales tax 55
collected in the preceding year. If a majority of the votes 56
cast by the qualified voters voting are opposed to the 57
proposal, then the governing body of the ambulance or fire 58
protection district shall not impose the sales tax 59
authorized in this section unless and until the governing 60
body of such ambulance or fire protection district resubmits 61
a proposal to authorize the governing body of the ambulance 62
or fire protection district to impose the sales tax 63
authorized by this section and such proposal is approved by 64
a majority of the qualified voters voting thereon. 65
4. All revenue received by a district from the tax 66
authorized pursuant to this section shall be deposited in a 67
special trust fund, and be used solely for the purposes 68
specified in the proposal submitted pursuant to this section 69
for so long as the tax shall remain in effect. 70
5. All sales taxes collected by the director of 71
revenue pursuant to this section, less one percent for cost 72
of collection which shall be deposited in the state's 73
42
43
equal to fifty percent of the previous year's
revenue collected from this sales tax?
44 □ YES □ NO
45
46
47
48
If you are in favor of the question, place an "X"
in the box opposite "YES". If you are opposed to
the question, place an "X" in the box opposite
"NO".
SCS HB 199 160
general revenue fund after payment of premiums for surety 74
bonds as provided in section 32.087, shall be deposited in a 75
special trust fund, which is hereby created, to be known as 76
the "Ambulance or Fire Protection District Sales Tax Trust 77
Fund". The moneys in the ambulance or fire protection 78
district sales tax trust fund shall not be deemed to be 79
state funds and shall not be commingled with any funds of 80
the state. The director of revenue shall keep accurate 81
records of the amount of money in the trust and the amount 82
collected in each district imposing a sales tax pursuant to 83
this section, and the records shall be open to inspection by 84
officers of the county and to the public. Not later than 85
the tenth day of each month the director of revenue shall 86
distribute all moneys deposited in the trust fund during the 87
preceding month to the governing body of the district which 88
levied the tax; such funds shall be deposited with the board 89
treasurer of each such district. 90
6. The director of revenue may make refunds from the 91
amounts in the trust fund and credit any district for 92
erroneous payments and overpayments made, and may redeem 93
dishonored checks and drafts deposited to the credit of such 94
district. If any district abolishes the tax, the district 95
shall notify the director of revenue of the action at least 96
ninety days prior to the effective date of the repeal and 97
the director of revenue may order retention in the trust 98
fund, for a period of one year, of two percent of the amount 99
collected after receipt of such notice to cover possible 100
refunds or overpayment of the tax and to redeem dishonored 101
checks and drafts deposited to the credit of such accounts. 102
After one year has elapsed after the effective date of 103
abolition of the tax in such district, the director of 104
revenue shall remit the balance in the account to the 105 SCS HB 199 161
district and close the account of that district. The 106
director of revenue shall notify each district of each 107
instance of any amount refunded or any check redeemed from 108
receipts due the district. 109
7. Except as modified in this section, all provisions 110
of sections 32.085 and 32.087 shall apply to the tax imposed 111
pursuant to this section. 112
321.905. 1. For the purposes of this section, the 1
following terms shall mean: 2
(1) "Ambulance district", an ambulance district that 3
is located in a political subdivision and that imposes a 4
property tax pursuant to chapter 190; 5
(2) "Fire protection district", a fire protection 6
district that is located in a political subdivision and that 7
imposes a property tax pursuant to this chapter; 8
(3) "Political subdivision": 9
(a) Any municipality located within a county with more 10
than one million inhabitants; 11
(b) Any county with more than four hundred thousand 12
but fewer than five hundred thousand inhabitants; 13
(c) Any county with more than two hundred thirty 14
thousand but fewer than two hundred sixty thousand 15
inhabitants; 16
(d) Any county with more than one hundred thousand but 17
fewer than one hundred twenty thousand inhabitants and with 18
a county seat with more than four thousand but fewer than 19
six thousand inhabitants; and 20
(e) Any county with more than two hundred sixty 21
thousand but fewer than three hundred thousand inhabitants. 22
2. The governing body of a political subdivision may, 23
by a majority vote of its governing body, levy and collect 24
ad valorem taxes on all real property located within the 25 SCS HB 199 162
political subdivision for the purposes of providing fire 26
protection services; provided that, no ordinance or order 27
enacted pursuant to this subsection shall be effective 28
unless the governing body submits to the voters of the 29
political subdivision a proposal to authorize the governing 30
body to impose such tax. The ballot of submission shall 31
contain, but need not be limited to, the following language: 32
If a majority of the votes cast on the proposal by the 40
qualified voters voting thereon are in favor of the 41
proposal, then the ordinance or order and any amendments 42
thereto shall be in effect. If a majority of the votes cast 43
by the qualified voters voting are opposed to the proposal, 44
then the governing body of the political subdivision shall 45
have no power to impose the property tax as herein 46
authorized unless and until the governing body of the 47
political subdivision shall again have submitted another 48
proposal to authorize the governing body to impose the 49
property tax. 50
3. The governing body of any fire protection district, 51
of any ambulance district, or of any political subdivision 52
imposing a property tax pursuant to subsection 1 of this 53
section, may, by a majority vote of its governing body, 54
impose a sales tax of up to one percent, or, for ambulance 55
districts, up to one-half of one percent, on all sales which 56
33
34
35
36
Shall the City/County of ______ (insert city/county)
be authorized to levy a tax of not more than fifty
cents on the one hundred dollars assessed valuation to
provide funds for fire protection services?
37 □ FOR THE PROPOSITION □ AGAINST THE PROPOSITION
38
39
(Place an X in the square opposite the one for which
you wish to vote.)
SCS HB 199 163
are subject to taxation under the provisions of chapter 144, 57
in conjunction with a property tax reduction for each year 58
in which the sales tax is imposed, for the provision of 59
ambulance or fire protection services by the ambulance 60
district, fire protection district, or the political 61
subdivision; provided that, no ordinance or order enacted 62
pursuant to this section shall be effective unless the 63
governing body submits to the voters of the ambulance 64
district, fire protection district, or political 65
subdivision, a proposal to authorize the governing body to 66
impose a sales tax and reduce property taxes. 67
4. The ballot of submission shall contain, but need 68
not be limited to, the following language: 69
If a majority of the votes cast on the proposal by the 79
qualified voters voting thereon are in favor of the 80
proposal, then the ordinance or order and any amendments 81
thereto shall be in effect. If a majority of the votes cast 82
by the qualified voters voting are opposed to the proposal, 83
then the governing body of the district or political 84
subdivision shall have no power to impose the sales tax and 85
reduce the property tax as herein authorized unless and 86
until the governing body of the district or political 87
70
71
72
73
74
Shall ______ (insert governing body's name) impose a
sales tax of ______ (insert amount) and reduce its
total property tax levy annually by fifty percent of
the total amount of sales tax
revenue collected in the
same tax year?
75 □ YES □ NO
76
77
78
If you are in favor of the question, place an "X" in
the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO".
SCS HB 199 164
subdivision shall again have submitted another proposal to 88
authorize the governing body to impose the sales tax and 89
reduce the property tax. 90
5. The total property tax levy subject to reduction 91
pursuant to this section shall not include those taxes 92
levied to retire indebtedness. 93
6. Each year in which a sales tax is imposed pursuant 94
to this section, the ambulance district, fire protection 95
district, or political subdivision shall, after determining 96
its budget for the provision of ambulance or fire protection 97
services within the limits set by the constitution and laws 98
of this state for the following calendar year and the total 99
property tax levy needed to raise the revenues required by 100
such budget, reduce the total property tax levy imposed 101
pursuant to this chapter or chapter 190, as applicable, in 102
an amount sufficient to decrease the total property taxes it 103
will collect by an amount equal to fifty percent of the 104
sales tax revenue collected pursuant to this section in the 105
tax year for which the property taxes are being levied. In 106
the event that in the immediately preceding year the 107
ambulance district, fire protection district, or the 108
political subdivision actually collected more or less sales 109
tax revenue, the ambulance district, fire protection 110
district, or the political subdivision shall adjust its 111
total property tax levy for the current year to reflect such 112
increase or decrease. 113
[473.742. 1. Each public administrator in 1
counties of the second, third or fourth 2
classification and in the City of St. Louis 3
shall make a determination within thirty days 4
after taking office whether such public 5
administrator shall elect to receive a salary as 6
defined herein or receive fees as may be allowed 7
by law to executors, administrators and personal 8 SCS HB 199 165
representatives. The election by the public 9
administrator shall be made in writing to the 10
county clerk. Should the public administrator 11
elect to receive a salary, the public 12
administrator's office may not then elect to 13
change at any future time to receive fees in 14
lieu of salary. Every public administrator who 15
begins his or her first term on or after January 16
1, 2023, shall be deemed to have elected to 17
receive a salary as provided in this section. 18
2. If a public administrator elects to be 19
placed on salary, the salary shall be based upon 20
the average number of open letters in the two 21
years preceding the term when the salary is 22
elected, based upon the following schedule: 23
(1) Zero to five letters: salary shall be 24
a minimum of seven thousand five hundred dollars; 25
(2) Six to fifteen letters: salary shall 26
be a minimum of fifteen thousand dollars; 27
(3) Sixteen to twenty-five letters: 28
salary shall be a minimum of twenty thousand 29
dollars; 30
(4) Twenty-six to thirty-nine letters: 31
salary shall be a minimum of twenty-five 32
thousand dollars; 33
(5) Public administrators with forty or 34
more letters shall be considered full-time 35
county officials and shall be paid according to 36
the assessed valuation schedule set forth below: 37
38 Assessed Valuation Salary
39 $ 8,000,000 to 40,999,999 $29,000
40 $ 41,000,000 to 53,999,999 $30,000
41 $ 54,000,000 to 65,999,999 $32,000
42 $ 66,000,000 to 85,999,999 $34,000
43 $ 86,000,000 to 99,999,999 $36,000
44 $ 100,000,000 to 130,999,999 $38,000 SCS HB 199 166
(6) The public administrator in the City 57
of St. Louis shall receive a salary not less 58
than sixty-five thousand dollars; 59
(7) Two thousand dollars of the 60
compensation authorized in this section shall be 61
payable to the public administrator only if he 62
or she has completed at least twenty hours of 63
instruction each calendar year relating to the 64
operations of the public administrator's office 65
when approved by a professional association of 66
the county public administrators of Missouri 67
unless exempted from the training by the 68
professional association. The professional 69
association approving the program shall provide 70
a certificate of completion to each public 71
administrator who completes the training program 72
and shall send a list of certified public 73
administrators to the treasurer of each county. 74
Expenses incurred for attending the training 75
45 $ 131,000,000 to 159,999,999 $40,000
46 $ 160,000,000 to 189,999,999 $41,000
47 $ 190,000,000 to 249,999,999 $41,500
48 $ 250,000,000 to 299,999,999 $43,000
49 $ 300,000,000 to 449,999,999 $45,000
50 $ 450,000,000 to 599,999,999 $47,000
51 $ 600,000,000 to 749,999,999 $49,000
52 $ 750,000,000 to 899,999,999 $51,000
53 $ 900,000,000 to 1,049,999,999 $53,000
54 $ 1,050,000,000 to 1,199,999,999 $55,000
55 $ 1,200,000,000 to 1,349,999,999 $57,000
56 $ 1,350,000,000 and over $59,000 SCS HB 199 167
session shall be reimbursed to the county public 76
administrator in the same manner as other 77
expenses as may be appropriated for that purpose. 78
3. If a public administrator is appointed 79
by the court as both a guardian and a 80
conservator to the same ward or protectee, it 81
shall be considered two letters. 82
4. Notwithstanding subsection 2 or 5 of 83
this section, upon majority approval by the 84
salary commission, a public administrator may be 85
paid according to the assessed valuation 86
schedule set forth in subdivision (5) of 87
subsection 2 of this section. If the salary 88
commission elects to pay a public administrator 89
according to the assessed valuation schedule, 90
the salary commission shall not elect to change 91
at any future time to pay the public 92
administrator's office according to the average 93
number of open letters in lieu of paying them 94
according to the assessed valuation schedule. 95
5. The initial compensation of the public 96
administrator who elects to be put on salary 97
shall be determined by the average number of 98
letters for the two years preceding the term 99
when the salary is elected. Salary increases or 100
decreases according to the minimum schedule set 101
forth in this section shall be adjusted only 102
after the number of open letters places the 103
workload in a different subdivision for two 104
consecutive years. Minimum salary increases or 105
decreases shall only take effect upon a new term 106
of office of the public administrator. The 107
number of letters each year shall be determined 108
in accordance with the reporting requirements 109
set forth in law. 110
6. All fees collected by a public 111
administrator who elects to be salaried shall be 112
deposited in the county treasury or with the 113
treasurer for the City of St. Louis. 114
7. Any public administrator in a county of 115
the first classification without a charter form 116
of government with a population of less than one 117
hundred thousand inhabitants who elects to 118
receive fees in lieu of a salary pursuant to 119 SCS HB 199 168
this section may elect to join the Missouri 120
local government employees' retirement system 121
created pursuant to sections 70.600 to 70.755. 122
8. (1) A letter of guardianship and a 123
letter of conservatorship shall be counted as 124
separate letters. 125
(2) For purposes of this subsection: 126
(a) "Letter of conservatorship" means the 127
appointment of a conservatorship of an estate by 128
the court to a protectee adjudged to be disabled; 129
(b) "Letter of guardianship" means the 130
appointment of a guardianship by the court to a 131
ward adjudged to be incapacitated.] 132
473.742. 1. Each public administrator in counties of 1
the second, third or fourth classification and in the city 2
of St. Louis shall make a determination within thirty days 3
after taking office whether such public administrator shall 4
elect to receive a salary as defined herein or receive fees 5
as may be allowed by law to executors, administrators and 6
personal representatives. The election by the public 7
administrator shall be made in writing to the county clerk. 8
Should the public administrator elect to receive a salary, 9
the public administrator's office may not then elect to 10
change at any future time to receive fees in lieu of 11
salary. Every public administrator who begins his or her 12
first term on or after January 1, 2024, shall be deemed to 13
have elected to receive a salary as provided in this section. 14
2. If a public administrator elects to be placed on 15
salary, the salary shall be based upon the average number of 16
open letters in the two years preceding the term when the 17
salary is elected, based upon the following schedule: 18
(1) Zero to five letters: salary shall be a minimum 19
of seven thousand five hundred dollars; 20
(2) Six to fifteen letters: salary shall be a minimum 21
of fifteen thousand dollars; 22 SCS HB 199 169
(3) Sixteen to twenty-five letters: salary shall be a 23
minimum of twenty thousand dollars; 24
(4) Twenty-six to thirty-nine letters: salary shall 25
be a minimum of twenty-five thousand dollars; 26
(5) Public administrators with forty or more letters 27
shall be considered full-time county officials and shall be 28
paid according to the assessed valuation schedule set forth 29
below: 30
31 Assessed Valuation Salary
32 $ 8,000,000 to 40,999,999 $29,000
33 $ 41,000,000 to 53,999,999 $30,000
34 $ 54,000,000 to 65,999,999 $32,000
35 $ 66,000,000 to 85,999,999 $34,000
36 $ 86,000,000 to 99,999,999 $36,000
37 $ 100,000,000 to 130,999,999 $38,000
38 $ 131,000,000 to 159,999,999 $40,000
39 $ 160,000,000 to 189,999,999 $41,000
40 $ 190,000,000 to 249,999,999 $41,500
41 $ 250,000,000 to 299,999,999 $43,000
42 $ 300,000,000 to 449,999,999 $45,000
43 $ 450,000,000 to 599,999,999 $47,000
44 $ 600,000,000 to 749,999,999 $49,000
45 $ 750,000,000 to 899,999,999 $51,000
46
47
$ 900,000,000 to 1,049,999,999 $53,000 SCS HB 199 170
(6) The public administrator in the city of St. Louis 54
shall receive a salary not less than sixty-five thousand 55
dollars; 56
(7) Two thousand dollars of the compensation 57
authorized in this section shall be payable to the public 58
administrator only if he or she has completed at least 59
twenty hours of instruction each calendar year relating to 60
the operations of the public administrator's office when 61
approved by a professional association of the county public 62
administrators of Missouri unless exempted from the training 63
by the professional association. The professional 64
association approving the program shall provide a 65
certificate of completion to each public administrator who 66
completes the training program and shall send a list of 67
certified public administrators to the treasurer of each 68
county. Expenses incurred for attending the training 69
session shall be reimbursed to the county public 70
administrator in the same manner as other expenses as may be 71
appropriated for that purpose. 72
3. If a public administrator is appointed by the court 73
as both a guardian and a conservator to the same ward or 74
protectee, it shall be considered two letters. 75
4. Notwithstanding subsection 2 or 5 of this section 76
to the contrary, upon majority approval by the salary 77
commission, a public administrator may be paid according to 78
48
49
$ 1,050,000,000 to 1,199,999,999 $55,000
50
51
$ 1,200,000,000 to 1,349,999,999 $57,000
52
53
$ 1,350,000,000 and over $59,000 SCS HB 199 171
the assessed valuation schedule set forth in subdivision (5) 79
of subsection 2 of this section. If the salary commission 80
elects to pay a public administrator according to the 81
assessed valuation schedule, the salary commission shall not 82
elect to change at any future time to pay the public 83
administrator's office according to the average number of 84
open letters in lieu of paying them according to the 85
assessed valuation schedule. 86
5. The initial compensation of the public 87
administrator who elects to be put on salary shall be 88
determined by the average number of letters for the two 89
years preceding the term when the salary is elected. Salary 90
increases or decreases according to the minimum schedule set 91
forth in [subsection 1 of] this section shall be adjusted 92
only after the number of open letters places the workload in 93
a different subdivision for two consecutive years. Minimum 94
salary increases or decreases shall only take effect upon a 95
new term of office of the public administrator. The number 96
of letters each year shall be determined in accordance with 97
the reporting requirements set forth in law. 98
[4.] 6. All fees collected by a public administrator 99
who elects to be salaried shall be deposited in the county 100
treasury or with the treasurer for the city of St. Louis. 101
[5.] 7. Any public administrator in a county of the 102
first classification without a charter form of government 103
with a population of less than one hundred thousand 104
inhabitants who elects to receive fees in lieu of a salary 105
pursuant to this section may elect to join the Missouri 106
local government employees' retirement system created 107
pursuant to sections 70.600 to 70.755. 108
8. (1) A letter of guardianship and a letter of 109
conservatorship shall be counted as separate letters. 110 SCS HB 199 172
(2) For purposes of this subsection, the following 111
terms mean: 112
(a) "Letter of conservatorship", the appointment of a 113
conservatorship of an estate by the court to a protectee 114
adjudged to be disabled; 115
(b) "Letter of guardianship", the appointment of a 116
guardianship by the court to a ward adjudged to be 117
incapacitated. 118
483.083. 1. (1) Each circuit clerk shall annually 1
receive as compensation the following amounts as base salary: 2
[(1)] (a) In counties of the first classification, 3
[thirty-six thousand one hundred forty-five dollars;] except 4
those counties where court is held in two cities, in which 5
instance an additional four thousand dollars shall be added 6
to the base salary: 7
a. Before September 1, 2025, thirty-six thousand one 8
hundred forty-five dollars; and 9
b. Beginning on September 1, 2025, ninety-four 10
thousand three hundred thirty dollars; 11
[(2)] (b) In all counties of the second or fourth 12
classification: 13
a. Before September 1, 2025, thirty-one thousand nine 14
hundred seventy-eight dollars; except those counties where 15
court is held in two cities, thirty-five thousand five 16
hundred forty-nine dollars; and 17
b. Beginning on September 1, 2025, ninety thousand 18
five hundred seventy-three dollars; and 19
[(3)] (c) In the counties of the third classification: 20
a. Before September 1, 2025, twenty-seven thousand two 21
hundred eighteen dollars except those counties where court 22
is held in two cities; thirty thousand three hundred eight 23
dollars; except Marion County circuit clerks, district one 24 SCS HB 199 173
and district two in Hannibal, thirty-one thousand three 25
hundred eighty-three dollars; and 26
[(4) In the city of St. Louis, sixty-seven thousand 27
three hundred sixty dollars;] 28
b. Beginning on September 1, 2025, eighty-five 29
thousand five hundred sixty-five dollars. 30
[(5)] (2) The compensation of circuit clerks provided 31
by subdivision (1) of this subsection shall annually be 32
increased by an amount equivalent to the annual salary 33
adjustment approved pursuant to section 476.405 for 34
employees of the judicial department. 35
(3) The annual salary of a circuit clerk shall not be 36
less than the previous yearly compensation. 37
2. Such circuit clerks shall receive in addition to 38
any salary provided by this section any salary adjustment 39
provided pursuant to section 476.405. 40
3. [In the event the judge orders child support 41
payments in Marion County to be made through the clerk, the 42
clerk shall annually, on or before February first of each 43
year, charge ten dollars per year to each such person so 44
obligated to make child support payments, which fee shall be 45
paid to the state. 46
4.] Payment of the compensation provided in this 47
section shall be payable in equal monthly installments, 48
except that the salary of the circuit clerk of the city of 49
St. Louis shall be paid in semimonthly installments and 50
except that all such compensation paid by the state shall be 51
paid [in] installments as provided in section 33.100. The 52
compensation of all circuit clerks shall be paid by the 53
state and they shall be considered state employees for all 54
purposes except the manner of their selection, appointment, 55
or removal from office; except that, the circuit clerk of 56 SCS HB 199 174
the city of St. Louis, the circuit clerk of St. Louis 57
County, and the court administrator of Jackson County shall 58
continue to be paid by the city and those counties and shall 59
not become state employees, but the city of St. Louis, St. 60
Louis County, and Jackson County shall [each] be paid an 61
amount which is equivalent to a circuit clerk's salary as 62
provided in subsection 3 of section 483.015. 63
[5.] 4. The compensation provided in this section 64
shall be in lieu of all fees, and all fees collected shall 65
be paid over to the state or to the counties and the city of 66
St. Louis as otherwise provided by law. 67
5. The salary adjustments provided by this section 68
shall not be effective unless an initial appropriation 69
necessary to fully fund the adjustments is approved by the 70
general assembly and the governor. 71
513.455. 1. (1) As used in this section, "entity" 1
means this state, a public body corporate and politic of 2
this state, a county, a city, a town, a township, a 3
municipality, a road district, a water district, a sewer 4
district, a fire district, a library district, a hospital 5
district, a school district, or any other political 6
subdivision of this state. 7
(2) All [courthouses, jails, clerks' offices and other 8
buildings owned by any county or municipality , and the lots 9
on which they stand, and all burial grounds,] of the 10
following owned by an entity defined in subdivision (1) of 11
this subsection shall be exempt from attachment and 12
execution: 13
(a) Courthouses; 14
(b) Jails; 15
(c) Clerks' offices; 16
(d) Other buildings and improvements; 17 SCS HB 199 175
(e) Lots upon which structures listed in paragraphs 18
(a) to (d) of this subdivision are located; and 19
(f) Burial grounds and other lands. 20
2. If an entity defined in subdivision (1) of 21
subsection 1 of this section enters into a lease or other 22
agreement with a lessee, agent, designee, or representative 23
who is to provide or arrange construction services on a 24
project intended to be leased primarily to a private entity 25
for nongovernmental use, the entity may consent to the 26
subjection of the project and the land upon which it is 27
located to the attachment of mechanics' liens filed under 28
chapter 429. Any such consent shall be in writing 29
specifically stating such consent, shall contain a legal 30
description of the property to be subject to attachment, 31
shall be signed and acknowledged by its authorized official 32
or officer in a form suitable for recording, and shall be 33
recorded in the office of the recorder of deeds for the 34
county in which the property is located. Such consent may 35
be included as part of any lease or other agreement, or a 36
memorandum thereof, executed and recorded in the same 37
manner. Upon such recording, the property described therein 38
shall be subject to the provisions of chapter 429 as if the 39
property were owned by a private person. 40
550.320. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Department", the department of corrections of the 3
state of Missouri; 4
(2) "Jail reimbursement", a daily per diem paid by the 5
state for the reimbursement of time spent in custody. 6
2. Notwithstanding any other provision of law to the 7
contrary, whenever any person is sentenced to a term of 8
imprisonment in a correctional center, the department shall 9 SCS HB 199 176
reimburse the county or city not within a county for the 10
days the person spent in custody at a per diem cost, subject 11
to appropriation, but not to exceed thirty-seven dollars and 12
fifty cents per day per offender. The jail reimbursement 13
shall be subject to review and approval of the department. 14
The state shall pay the costs when: 15
(1) A person is sentenced to a term of imprisonment as 16
authorized by chapter 558; 17
(2) A person is sentenced pursuant to section 559.115; 18
(3) A person has his or her probation or parole 19
revoked because the offender has, or allegedly has, violated 20
any condition of the offender's probation or parole, and 21
such probation or parole is a consequence of a violation of 22
the law, or the offender is a fugitive from the state or 23
otherwise held at the request of the department regardless 24
of whether or not a warrant has been issued; or 25
(4) A person has a period of detention imposed 26
pursuant to section 559.026. 27
3. When the final determination of any criminal 28
prosecution shall be such as to render the state liable for 29
costs under existing laws, it shall be the duty of the 30
sheriff to certify to the clerk of the county or the chief 31
executive officer of the city not within a county the total 32
number of days any offender who was a party in such case 33
remained in the jail. It shall then be the duty of the 34
county clerk or the chief executive officer of the city not 35
within a county to submit the total number of days spent in 36
custody to the department. The county clerk or chief 37
executive officer of the city not within a county may submit 38
claims to the department, no later than two years from the 39
date the claim became eligible for reimbursement. 40 SCS HB 199 177
4. The department shall determine if the expenses are 41
eligible pursuant to the provisions of this chapter and 42
remit any payment to the county or city not within a county 43
when the expenses are determined to be eligible. The 44
department shall establish, by rule, the process for 45
submission of claims. Any rule or portion of a rule, as 46
that term is defined in section 536.010, that is created 47
under the authority delegated in this section shall become 48
effective only if it complies with and is subject to all of 49
the provisions of chapter 536 and, if applicable, section 50
536.028. This section and chapter 536 are nonseverable and 51
if any of the powers vested with the general assembly 52
pursuant to chapter 536 to review, to delay the effective 53
date, or to disapprove and annul a rule are subsequently 54
held unconstitutional, then the grant of rulemaking 55
authority and any rule proposed or adopted after August 28, 56
2025, shall be invalid and void. 57
[50.800. 1. On or before the first Monday 1
in March of each year, the county commission of 2
each county of the second, third, or fourth 3
class shall prepare and publish in some 4
newspaper as provided for in section 493.050, if 5
there is one, and if not by notices posted in at 6
least ten places in the county, a detailed 7
financial statement of the county for the year 8
ending December thirty-first, preceding. 9
2. The statement shall show the bonded 10
debt of the county, if any, kind of bonds, date 11
of maturity, interest rate, rate of taxation 12
levied for interest and sinking fund and 13
authority for the levy, the total amount of 14
interest and sinking fund that has been 15
collected and interest and sinking fund on hand 16
in cash. 17
3. The statement shall also show 18
separately the total amount of the county and 19
township school funds on hand and loaned out, 20 SCS HB 199 178
the amount of penalties, fines, levies, 21
utilities, forfeitures, and any other taxes 22
collected and disbursed or expended during the 23
year and turned into the permanent school fund, 24
the name of each person who has a loan from the 25
permanent school fund, whether county or 26
township, the amount of the loan, date loan was 27
made and date of maturity, description of the 28
security for the loan, amount, if any, of 29
delinquent interest on each loan. 30
4. The statement shall show the total 31
valuation of the county for purposes of 32
taxation, the highest rate of taxation the 33
constitution permits the county commission to 34
levy for purposes of county revenue, the rate 35
levied by the county commission for the year 36
covered by the statement, division of the rate 37
levied among the several funds and total amount 38
of delinquent taxes for all years as of December 39
thirty-first. 40
5. The statement shall show receipts or 41
revenues into each and every fund separately. 42
Each fund shall show the beginning balance of 43
each fund; each source of revenue; the total 44
amount received from each source of revenue; the 45
total amount available in each fund; the total 46
amount of disbursements or expenditures from 47
each fund and the ending balance of each fund as 48
of December thirty-first. The total receipts or 49
revenues for the year into all funds shall be 50
shown in the recapitulation. In counties with 51
the township form of government, each township 52
shall be considered a fund pursuant to this 53
subsection. 54
6. Total disbursements or expenditures 55
shall be shown for warrants issued in each 56
category contained in the forms developed or 57
approved by the state auditor pursuant to 58
section 50.745. Total amount of warrants, 59
person or vendor to whom issued and purpose for 60
which issued shall be shown except as herein 61
provided. Under a separate heading in each fund 62
the statements shall show what warrants are 63
outstanding and unpaid for the lack of funds on 64 SCS HB 199 179
that date with appropriate balance or overdraft 65
in each fund as the case may be. 66
7. Warrants issued to pay for the service 67
of election judges and clerks of elections shall 68
be in the following form: 69
Names of judges and clerks of 70
elections at $______ per day 71
(listing the names run in and not 72
listing each name by lines, and 73
at the end of the list of names 74
giving the total of the amount of 75
all the warrants issued for such 76
election services). 77
8. Warrants issued to pay for the service 78
of jurors shall be in the following form: 79
Names of jurors at $______ per 80
day (listing the names run in and 81
not listing each name by lines, 82
and at the end of the list of 83
names giving the total of the 84
amount of all the warrants issued 85
for such election service). 86
9. Warrants to Internal Revenue Service 87
for Social Security and withholding taxes shall 88
be brought into one call. 89
10. Warrants to the director of revenue of 90
Missouri for withholding taxes shall be brought 91
into one call. 92
11. Warrants to the division of employment 93
security shall be brought into one call. 94
12. Warrants to Missouri local government 95
employees' retirement system or other retirement 96
funds for each office shall be brought into one 97
call. 98
13. Warrants for utilities such as gas, 99
water, lights and power shall be brought into 100
one call except that the total shall be shown 101
for each vendor. 102
14. Warrants issued to each telephone 103
company shall be brought into one call for each 104
office in the following form: 105
(Name of Telephone Company for 106
______ office and total amount of 107
warrants issued). 108 SCS HB 199 180
15. Warrants issued to the postmaster for 109
postage shall be brought into one call for each 110
office in the following form: 111
(Postmaster for ______ office and 112
total amount of warrants issued). 113
16. Disbursements or expenditures by road 114
districts shall show the warrants, if warrants 115
have been issued in the same manner as provided 116
for in subsection 5 of this section. If money 117
has been disbursed or expended by overseers the 118
financial statement shall show the total paid by 119
the overseer to each person for the year, and 120
the purpose of each payment. Receipts or 121
revenues into the county distributive school 122
fund shall be listed in detail, disbursements or 123
expenditures shall be listed and the amount of 124
each disbursement or expenditure. If any taxes 125
have been levied by virtue of Section 12(a) of 126
Article X of the Constitution of Missouri the 127
financial statement shall contain the following: 128
By virtue and authority of the 129
discretionary power conferred 130
upon the county commissions of 131
the several counties of this 132
state to levy a tax of not to 133
exceed 35 cents on the $100 134
assessed valuation the county 135
commission of ______ County did 136
for the year covered by this 137
report levy a tax rate of ______ 138
cents on the $100 assessed 139
valuation which said tax amounted 140
to $______ and was disbursed or 141
expended as follows: 142
The statement shall show how the money was 143
disbursed or expended and if any part of the sum 144
has not been accounted for in detail under some 145
previous appropriate heading the portion not 146
previously accounted for shall be shown in 147
detail. 148
17. At the end of the statement the person 149
designated by the county commission to prepare 150
the financial statement herein required shall 151
append the following certificate: 152 SCS HB 199 181
Or if no one has been designated said statement 186
having been prepared by the county clerk, 187
signature shall be in the following form: 188
Clerk of the county commission 189
and ex officio officer designated 190
to prepare financial statement 191
required by section 50.800, RSMo. 192
18. Any person falsely certifying to any 193
fact covered by the certificate is liable on his 194
bond and upon conviction of falsely certifying 195
to any fact covered by the certificate is guilty 196
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
I, ______, the duly authorized agent
appointed by the county commission of
______ County, state of Missouri, to
prepare for publication the financial
statement as required by section 50.800,
RSMo, hereby certify that I have diligently
checked the records o f the county and that
the above and foregoing is a complete and
correct statement of every item of
information required in section 50.800,
RSMo, for the year ending December 31,
______, and especially have I checked every
receipt from every source whatsoev er and
every disbursement or expenditure of every
kind and to whom and for what each such
disbursement or expenditure was made and
that each receipt or revenue and
disbursement or expenditure is accurately
shown. (If for any reason complete and
accurate information is not given the
following shall be added to the
certificate.) Exceptions: The above report
is incomplete because proper information
was not available in the following records
______ which are in the keeping of the
following officer or officers . The person
designated to prepare the financial
statement shall give in detail any
incomplete data called for by this section.
182 Date ______
183
184
185
Officer designated by county commission to
prepare financial statement required by
section 50.800, RSMo.
SCS HB 199 182
of a misdemeanor and punishable by a fine of not 197
less than two hundred dollars or more than one 198
thousand dollars or by imprisonment in the 199
county jail for not less than thirty days nor 200
more than six months or by both fine and 201
imprisonment. Any person charged with the 202
responsibility of preparing the financial report 203
who willfully or knowingly makes a false report 204
of any record, is, in addition to the penalty 205
otherwise provided for in this law, deemed 206
guilty of a felony and upon conviction shall be 207
sentenced to the penitentiary for not less than 208
two years nor more than five years.] 209
[50.810. 1. The statement shall be 1
printed in not less than 8-point type, but not 2
more than the smallest point type over 8-point 3
type available and in the standard column width 4
measure that will take the least space. The 5
publisher shall file two proofs of publication 6
with the county commission and the commission 7
shall forward one proof to the state auditor and 8
shall file the other in the office of the 9
commission. The county commission shall not pay 10
the publisher until proof of publication is 11
filed with the commission and shall not pay the 12
person designated to prepare the statement for 13
the preparation of the copy for the statement 14
until the state auditor notifies the commission 15
that proof of publication has been received and 16
that it complies with the requirements of this 17
section. 18
2. The statement shall be spread on the 19
record of the commission and for this purpose 20
the publisher shall be required to furnish the 21
commission with at least two copies of the 22
statement that may be pasted on the record. The 23
publisher shall itemize the cost of publishing 24
said statement by column inch as properly 25
chargeable to the several funds and shall submit 26
such costs for payment to the county 27
commission. The county commission shall pay out 28
of each fund in the proportion that each item 29
bears to the total cost of publishing said 30 SCS HB 199 183
statement and shall issue warrants therefor; 31
provided any part not properly chargeable to any 32
specific fund shall be paid from the county 33
general revenue fund. 34
3. The state auditor shall notify the 35
county treasurer immediately of the receipt of 36
the proof of publication of the statement. 37
After the first of April of each year the county 38
treasurer shall not pay or enter for protest any 39
warrant for the pay of any commissioner of any 40
county commission until notice is received from 41
the state auditor that the required proof of 42
publication has been filed. Any county 43
treasurer paying or entering for protest any 44
warrant for any commissioner of the county 45
commission prior to the receipt of such notice 46
from the state auditor shall be liable on his 47
official bond therefor. 48
4. The state auditor shall prepare sample 49
forms for financial statements and shall mail 50
the same to the county clerks of the several 51
counties in this state. If the county 52
commission employs any person other than a 53
bonded county officer to prepare the financial 54
statement the county commission shall require 55
such person to give bond with good and 56
sufficient sureties in the penal sum of one 57
thousand dollars for the faithful performance of 58
his duty. If any county officer or other person 59
employed to prepare the financial statement 60
herein provided for shall fail, neglect, or 61
refuse to, in any manner, comply with the 62
provisions of this law he shall, in addition to 63
other penalties herein provided, be liable on 64
his official bond for dereliction of duty.] 65
[221.105. 1. The governing body of any 1
county and of any city not within a county shall 2
fix the amount to be expended for the cost of 3
incarceration of prisoners confined in jails or 4
medium security institutions. The per diem cost 5
of incarceration of these prisoners chargeable 6
by the law to the state shall be determined, 7 SCS HB 199 184
subject to the review and approval of the 8
department of corrections. 9
2. When the final determination of any 10
criminal prosecution shall be such as to render 11
the state liable for costs under existing laws, 12
it shall be the duty of the sheriff to certify 13
to the clerk of the circuit court or court of 14
common pleas in which the case was determined 15
the total number of days any prisoner who was a 16
party in such case remained in the county jail. 17
It shall be the duty of the county commission to 18
supply the cost per diem for county prisons to 19
the clerk of the circuit court on the first day 20
of each year, and thereafter whenever the amount 21
may be changed. It shall then be the duty of 22
the clerk of the court in which the case was 23
determined to include in the bill of cost 24
against the state all fees which are properly 25
chargeable to the state. In any city not within 26
a county it shall be the duty of the 27
superintendent of any facility boarding 28
prisoners to certify to the chief executive 29
officer of such city not within a county the 30
total number of days any prisoner who was a 31
party in such case remained in such facility. 32
It shall be the duty of the superintendents of 33
such facilities to supply the cost per diem to 34
the chief executive officer on the first day of 35
each year, and thereafter whenever the amount 36
may be changed. It shall be the duty of the 37
chief executive officer to bill the state all 38
fees for boarding such prisoners which are 39
properly chargeable to the state. The chief 40
executive may by notification to the department 41
of corrections delegate such responsibility to 42
another duly sworn official of such city not 43
within a county. The clerk of the court of any 44
city not within a county shall not include such 45
fees in the bill of costs chargeable to the 46
state. The department of corrections shall 47
revise its criminal cost manual in accordance 48
with this provision. 49
3. Except as provided under subsection 6 50
of section 217.718, the actual costs chargeable 51 SCS HB 199 185
to the state, including those incurred for a 52
prisoner who is incarcerated in the county jail 53
because the prisoner's parole or probation has 54
been revoked or because the prisoner has, or 55
allegedly has, violated any condition of the 56
prisoner's parole or probation, and such parole 57
or probation is a consequence of a violation of 58
a state statute, or the prisoner is a fugitive 59
from the Missouri department of corrections or 60
otherwise held at the request of the Missouri 61
department of corrections regardless of whether 62
or not a warrant has been issued shall be the 63
actual cost of incarceration not to exceed: 64
(1) Until July 1, 1996, seventeen dollars 65
per day per prisoner; 66
(2) On and after July 1, 1996, twenty 67
dollars per day per prisoner; 68
(3) On and after July 1, 1997, up to 69
thirty-seven dollars and fifty cents per day per 70
prisoner, subject to appropriations. 71
4. The presiding judge of a judicial 72
circuit may propose expenses to be reimbursable 73
by the state on behalf of one or more of the 74
counties in that circuit. Proposed reimbursable 75
expenses may include pretrial assessment and 76
supervision strategies for defendants who are 77
ultimately eligible for state incarceration. A 78
county may not receive more than its share of 79
the amount appropriated in the previous fiscal 80
year, inclusive of expenses proposed by the 81
presiding judge. Any county shall convey such 82
proposal to the department, and any such 83
proposal presented by a presiding judge shall 84
include the documented agreement with the 85
proposal by the county governing body, 86
prosecuting attorney, at least one associate 87
circuit judge, and the officer of the county 88
responsible for custody or incarceration of 89
prisoners of the county represented in the 90
proposal. Any county that declines to convey a 91
proposal to the department, pursuant to the 92
provisions of this subsection, shall receive its 93
per diem cost of incarceration for all prisoners 94
chargeable to the state in accordance with the 95 SCS HB 199 186
provisions of subsections 1, 2, and 3 of this 96
section.] 97
Section B. Because of the immediate need for new and 1
enhanced jail facilities in the state of Missouri, the 2
repeal and reenactment of sections 221.400, 221.402, 3
221.405, 221.407, and 221.410 of this act is deemed 4
necessary for the immediate preservation of the public 5
health, welfare, peace, and safety, and is hereby declared 6
to be an emergency act within the meaning of the 7
constitution, and the repeal and reenactment of sections 8
221.400, 221.402, 221.405, 221.407, and 221.410 of this act 9
shall be in full force and effect upon its passage and 10
approval. 11
Section C. The repeal and reenactment of section 1
137.115 of this act shall become effective on January 1, 2
2026. 3