2866S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 715
AN ACT
To repeal sections 68.010, 68.015, 68.025, 68.035,
68.040, 68.045, 68.055, 68.057, 68.060, 68.075,
68.080, 68.205, and 68.259, RSMo, and to enact in
lieu thereof fifteen new sections relating to port
authorities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 68.010, 68.015, 68.025, 68.035,
68.040, 68.045, 68.055, 68.057, 68.060, 68.075, 68.080, 68.205,
and 68.259, RSMo, are repealed and fifteen new sections enacted
in lieu thereof, to be known as sections 68.010, 68.015, 68.025,
68.035, 68.040, 68.045, 68.055, 68.057, 68.060, 68.075, 68.080,
68.085, 68.205, 68.253, and 68.259, to read as follows:
68.010. 1. Every city or county which is situated
upon, or adjacent to, or which embraces within its
boundaries a navigable waterwa y, is hereby authorized to
form a local port authority, and upon approval of the
highways and transportation commission of the state of
Missouri, the port authority shall be a political
subdivision of this state. In every constitutional charter
city not within a county, a local "Port Authority" is
created by sections 68.010, 68.015, 68.025, 68.040, 68.045,
68.060 and 68.070 and shall become a political subdivision
of this state September 28, 1975.
2. The highways and transportation commission of the
state of Missouri is hereby authorized to accept
applications, conduct hearings, and approve or disapprove
applications for approval of local or regional port
authorities as political subdivisions of this state, as
provided herein, but in dete rmining the approval or
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disapproval of such applications, the highways and
transportation commission shall consider the following
criteria:
(1) The population of any city and/or county
submitting the application;
(2) The desirability and ec onomic feasibility of
having more than a single port authority within the same
geographic area;
(3) The technical and economic capability of
participating cities and/or counties, as well as private
interests, to plan and carry out port developmen t within the
proposed district;
(4) The amount of actual and potential river traffic
that would make use of any facilities developed by a port
authority;
(5) The potential economic impact on the immediate
area from which the application ori ginates; and
(6) The potential impact on the economic development
of the entire state and how the proposed port authority's
developmental activities relate to any state plans.
Provided, however, any such application shall be granted if
it is made by a city or county of at least three hundred
thousand population, having a common boundary with the state
of Kansas, or by a group of cities or counties at least one
of which meets the aforesaid criteria, and if no proposed
boundary of the port auth ority described in such application
overlaps the boundary of any then existing port authority.
3. No city shall create a port authority under
sections 68.010, 68.015, 68.025, 68.040, 68.045, 68.060 and
68.070 if said city is located within a count y that has,
prior to the creation of said port authority by said city,
created a port authority which has received approval as a
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political subdivision of this state under sections 68.010,
68.015, 68.025, 68.040, 68.045, 68.060 and 68.070.
68.015. 1. The legislative body, or county
commission, of each county or city creating a port authority
or any port authority created within said city pursuant to
section 68.010 hereof shall designate what areas within such
county or city shall co mprise one or more port districts,
subject to the limitation that any area designated as within
a port district shall be or could be reasonably connected to
the business of a port. The boundaries of any port district
shall be filed with the clerk of t he county commission, city
clerk, or clerk of the legislative or governing body of the
county as applicable and shall become effective upon
approval of the transportation commission. The legislative
body or county commission may from time to time enla rge or
reduce the area comprising any port district. Any change of
boundaries shall be submitted for approval to the highways
and transportation commission and upon approval shall be
filed with the appropriate clerk and thereupon become
effective. In the event a port authority having been
created and approved as a political subdivision as provided
in section 68.010 thereafter purchases or leases real
property located within adjoining municipalities or states,
as applicable, such real property sha ll be deemed included
within the port district and the port authority shall be
empowered to exercise its powers under section 68.025 with
respect to such real property, and any personal property
located thereon, to the extent not otherwise precluded by
law.
2. The legislative body or county commission of any
county or city authorized to create a local port authority
may appropriate, allocate and expend such funds of the
county or city for the planning and development of a port
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district as are reasonable and necessary to carry out the
provisions of this chapter.
68.025. 1. Every local and regional port authority,
approved as a political subdivision of the state, shall have
the following powers to:
(1) Confer with any similar body created under laws of
this or any other state for the purpose of adopting a
comprehensive plan for the future development and
improvement of its port districts;
(2) Consider and adopt detailed and comprehensive
plans for future devel opment and improvement of its port
districts and to coordinate such plans with regional and
state programs;
(3) Establish a port improvement district in
accordance with this chapter;
(4) Carry out any of the projects enumerated in
subdivision (17) of section 68.205;
(5) Within the boundaries of any established port
improvement district, to levy either a sales and use tax or
a real property tax, or both, for the purposes of paying any
part of the cost of a project benefitting propert y in a port
improvement district; except that no port improvement
district real property tax may be levied on any property,
real or personal, which is assessed pursuant to sections
151.010 to 151.340, unless such real property tax levy is
agreed to in writing by the property's owner;
(6) Pledge both revenues generated by any port
improvement district and any other port authority revenue
source to the repayment of any outstanding obligations;
(7) Either jointly with a similar body, or sepa rately,
recommend to the proper departments of the government of the
United States, or any state or subdivision thereof, or to
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any other body, the carrying out of any public improvement
for the benefit of its port districts;
(8) Provide for membership in any official,
industrial, commercial, or trade association, or any other
organization concerned with such purposes, for receptions of
officials or others as may contribute to the advancement of
its port districts and any industrial development therein,
and for such other public relations activities as will
promote the same, and such activities shall be considered a
public purpose;
(9) Represent its port districts before all federal,
state and local agencies;
(10) Cooperate with [other public agencies and with ]
industry, business, and labor , and other public or private
agencies, individuals, partnerships, and corporations, in
port district improvement matters;
(11) Enter into any agreement with any other states,
agencies, authorities, commissions, municipalities, persons,
corporations, or the United States, to effect any of the
provisions contained in this chapter;
(12) Approve the construction of all wharves, piers,
bulkheads, jetties, or other structures;
(13) Prevent or remove, or cause to be removed,
obstructions in harbor areas, including the removal of
wrecks, wharves, piers, bulkheads, derelicts, jetties or
other structures endangering the health and general welfare
of the port districts; in case of the sinking of a facility
from any cause, such facility or vessel shall be removed
from the harbor at the expense of its owner or agent so that
it shall not obstruct the harbor;
(14) Recommend the relocation, change, or removal of
dock lines and shore or harbor lines;
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(15) Acquire, own, construct, redevelop, lease,
maintain, and conduct land reclamation and resource
recovery, including the removal of sand, rock, or gravel,
residential developments, commercial developments, mixed -use
developments, recreational facilities, industrial parks,
industrial facilities, and terminals, terminal facilities,
warehouses and any other type port facility;
(16) Acquire, own, lease, sell , mortgage, encumber, or
otherwise dispose of interest in and to real property and
improvements situate thereon and in personal property
necessary to fulfill the purposes of the port authority ,
including, but not limited to, property in adjoining
municipalities and states ;
(17) Acquire rights-of-way and property of any kind or
nature within its port districts necessary for its
purposes. Every port authority shall have the right and
power to acquire the same by purchase, negotiation, or by
condemnation, and should it elect to exercise the right of
eminent domain, condemnation proceedings shall be maintained
by and in the name of the port authority, and it may proceed
in the manner provided by the laws of this state for any
county or municipality. The power of eminent domain shall
not apply to property actively being used in relation to or
in conjunction with river trade or commerce, unless such use
is by a port authority pursuant to a lease in which event
the power of eminent domain shall apply;
(18) Contract and be contracted with, and to sue and
be sued;
(19) Accept gifts, grants, loans or contributions from
the United States of America, the state of Missouri,
political subdivisions, municipalities, foundations, other
public or private agencies, [individual, partnership ]
individuals, partnerships, or corporations;
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(20) Employ such managerial, engineering, legal,
technical, clerical, accounting, advertising, stenographic,
and other assistance as it may deem advisable. The port
authority may also contract with indepen dent contractors for
any of the foregoing assistance;
(21) Improve navigable and nonnavigable areas as
regulated by federal statute;
(22) Disburse funds for its lawful activities and fix
salaries and wages of its employees; [and]
(23) Adopt, alter or repeal its own bylaws, rules and
regulations governing the manner in which its business may
be transacted; however, said bylaws, rules and regulations
shall not exceed the powers granted to the port authority by
this chapter;
(24) Create and operate such agencies and departments
as may be deemed necessary or useful for the furtherance of
the port authority's purpose; and
(25) Perform such other actions necessary or useful in
the exercise of those powers enumerated herein .
2. Without limiting any other powers granted to port
authorities by this section, every local or regional port
authority approved as a political subdivision of the state
and whose port district is located in whole or in part
within any home rule city with more than four hundred
thousand inhabitants and located in more than one county,
shall have the additional powers to:
(1) Establish park rangers. A port authority may
appoint and commission such park rangers as it may deem
advisable to assist the municipal police force in
maintaining order and preserving the peace within the
boundaries of any real property owned or leased by the port
authority within the state and on public streets within the
boundaries of or abutting any real prope rty owned or leased
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by the port authority within the state; provided, however,
that such park rangers shall have satisfactorily completed a
training course as prescribed by chapter 590 for peace
officers within the state or shall otherwise comply with the
requirements of chapter 590 for certification within the
time periods specified in that chapter. Each park ranger
shall take and subscribe an oath of office to perform their
duties faithfully and impartially and shall be given a
certificate of commission as a park ranger granting to them
the power to carry a firearm, maintain order, preserve the
peace, issue citations, and make arrests for violations of
state statutes and municipal ordinances within their
jurisdiction. The municipal police fo rce shall at all times
maintain primary jurisdiction, and nothing in this section
shall be construed to deprive, curtail, restrict, or
otherwise impair such municipal police force in the
performance of its duties;
(2) Exercise those powers and du ties under the
provisions of sections 99.010 to 99.230, sections 99.300 to
99.660, sections 100.300 to 100.620, and sections 353.010 to
353.190. In exercising such powers and duties, the board of
port authority commissioners shall be empowered to act in
lieu of the governing bodies established by such sections,
anything to the contrary therein notwithstanding; provided,
however, that this subdivision shall not be construed as
delegating to any port authority the power or authority to
take any action expressly reserved to the governing body of
the municipality; and
(3) Contract with any other port authority for the
purpose of providing administrative support and exercising,
on such port authority's behalf and in its name, the powers
delegated to port authorities by this chapter.
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3. In implementing its powers, the port authority
shall have the power to enter into agreements with private
operators or public entities for the joint development,
redevelopment, and reclamation of propert y within a port
district or for other uses to fulfill the purposes of the
port authority.
68.035. 1. The state may make grants to a state port
fund, as appropriated by the general assembly, to be
allocated by the department of transpo rtation to local port
authorities or regional port coordinating agencies. These
grants, administered on a nonmatching basis, could be used
for managerial, engineering, legal, research, promotion,
planning and any other expenses.
2. In addition the state may make capital improvement
matching grants contributing eighty percent of the funds and
local port authorities contributing twenty percent of the
funds for specific undertakings of port development such as
land acquisitions, construction, te rminal facility
development, port improvement projects, and other related
port facilities. Notwithstanding the foregoing, any
matching grants awarded by the Missouri highways and
transportation commission under the Port Capital Improvement
Program shall be transportation related.
3. The grants provided herein may be used as the local
share in applying for other grant programs.
4. In the event the general assembly includes within
any appropriation bill a designation of funds for a project
to be undertaken by a port authority, the department or
office of the state to whom the appropriation is made shall
be empowered to advance the designated funds to the port
authority in the fiscal year in which the appropriation was
made in lieu of providing such funding on a reimbursement
basis, subject to such form of agreement as the department
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or office of the state shall reasonably require for purposes
of ensuring that the port authority is obligated to expend
the designated funds for their i ntended purpose and none
other, and further obligating the port authority to the
repayment of such designated funds in the event the port
authority fails to abide by the requirements thereof.
68.040. 1. Every local and regional port au thority,
approved as a political subdivision of the state, may from
time to time issue its negotiable revenue bonds or notes in
such principal amounts as, in its opinion, shall be
necessary to provide sufficient funds for achieving its
purposes, including the construction of port facilities and
the financing of port improvement projects; establish
reserves to secure such bonds and notes; and make other
expenditures, incident and necessary to carry out its
purposes and powers.
2. This state shall not be liable on any notes or
bonds of any port authority. Any such notes or bonds shall
not be a debt of the state and shall contain on the faces
thereof a statement to such effect ; provided, however, the
failure to include such statement on the faces thereof shall
not invalidate the notes or bonds, nor render the state
liable on such notes or bonds .
3. No commissioner of any port authority or any
authorized person executing port authority notes or bonds
shall be liable personally on sai d notes or bonds or shall
be subject to any personal liability or accountability by
reason of the issuance thereof.
4. The notes and bonds of every port authority are
securities in which all public officers and bodies of this
state and all politi cal subdivisions and municipalities, all
insurance companies and associations, and other persons
carrying on an insurance business, all banks, trust
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companies, saving associations, savings and loan
associations, credit unions, investment companies, all
administrators, guardians, executors, trustees, and other
fiduciaries, and all other persons whatsoever, who now or
may hereafter be authorized to invest in notes and bonds or
other obligations of this state, may properly and legally
invest funds, including capital, in their control or
belonging to them.
5. No port authority shall be required to pay any
taxes or any assessments whatsoever to this state or to any
political subdivisions, municipality, or other governmental
agency of this state . The notes and bonds of every port
authority and the income therefrom shall, at all times, be
exempt from any taxes and any assessments, except for death
and gift taxes and taxes on transfers. Additionally, the
leases of both real and personal prope rty by or to any port
authority involving the issuance of bonds authorized under
this chapter shall be exempt from taxation. A port
authority issuing bonds under this chapter for incentivized
development shall require the developer of any project whic h
is to be leased to such developer, or any other party, to
confer with the affected taxing authorities, and
subsequently contractually require the payment of such sums
as they may agree upon, or the port authority may elect to
require such sums to be allocated among such taxing
authorities on the same pro rata basis as are ad valorem
property tax revenues.
6. Every port authority shall have the powers and be
governed by the procedures now or hereafter conferred upon
or applicable to the envi ronmental improvement authority,
chapter 260, relating to the manner of issuance of revenue
bonds and notes, and the port authority shall exercise all
such powers and adhere to all such procedures insofar as
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they are consistent with the necessary and p roper
undertaking of its purposes.
68.045. 1. Every local port authority shall be
administered by a board of port authority commissioners
which shall consist of at least seven members; provided,
however, that the number of members of one political party
shall not exceed the number of members of the other party by
more than one. Newly created port authorities as well as
those presently constituted shall structure the terms of
those commissioners so that no more than three members'
terms shall expire in any one year ; provided, however, each
member shall continue to serve until their successor has
been appointed as provided herein . The legislative body or
county commission of the county or city creating the port
authority or in the case of a port authority created in this
act in a constitutional charter city not within a county,
the legislative body of that constitutional charter city
shall determine the method of appointment, and subject to
the limitations expressed in the f irst sentence of this
section, shall determine their qualifications, salaries,
powers and duties consistent with the provisions of this
chapter; provided, however, in the event the legislative
body or county commission, as applicable, does not determin e
such qualifications, salaries, powers, and duties prior to
appointment, the board of port authority commissioners may
elect to do so pursuant to its bylaws, consistent with the
provisions of this chapter . The legislative body or county
commission shall also provide for the filing of annual
reports by the board of port authority commissioners and for
periodic independent audits of the accounts of the port
authority.
2. A member of a board of port authority commissioners
shall be removed fro m office in such manner as is provided
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for the appointment of members, as provided in subsection 1
of this section, for malfeasance, willful neglect of duty,
or other cause after notice and public hearing, unless such
notice or hearing is expressly wai ved in writing. Removal
for any other reason, and the process to be undertaken in
effecting such removal, shall be reserved to the board of
port authority commissioners and exercised as prescribed by
the bylaws.
68.055. 1. Every port authority shall let contracts
for all work to be done and for equipment, supplies or
materials to be purchased. Excepting as otherwise provided
herein, such contracts shall be given to the [lowest
responsible bidder therefor, upon not less than twent y days'
notice of the letting, given by publication in a newspaper
of general circulation in the city or county creating the
port authority; and in the discretion of the commissioners,
in one or more newspapers of general circulation among
contractors. The port authority shall have the power and
authority to reject any and all bids and to readvertise the
work or proposed purchase ] bidder or proposer whose bid or
proposal, when evaluated considering factors such as ability
to perform, timeliness, c haracter and reputation, quality of
past performance, compliance with applicable laws, quality
and availability, and ability to provide future maintenance
and services where applicable, is determined to be lowest
and best.
2. Every port authority may utilize such additional
procurement methods authorized by any provision of state law
with respect to political subdivisions, or not otherwise
precluded by any provision of state law with respect to
political subdivisions, provided such non -precluded methods
are structured and implemented in a manner as to ensure an
open, transparent, competitive, and fair process.
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Notwithstanding the foregoing, nothing in this section shall
be construed to authorize a port authority to utilize
anything other than a qualifications -based procurement
method with respect to professional architecture or
engineering services in connection with the design,
construction, alteration, addition, remodeling, or
improvement of any public facility.
3. Notwithstanding the provisions of subsection 1 of
this section, every port authority may let contracts in a
manner consistent with the procedures set forth in 24 CFR
Section 85.36, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local
Government", as may be revised from time to time, regardless
of the source of funds for the procurement, except that if a
funding source mandates specific procedures for letting
contracts as a condition to receipt of funds which are
inconsistent with the procedures authorized in this section
for letting contracts, a port authority may use such
procedures required by the funding source.
[3.] 4. Notwithstanding the provisions of subsection
[2] 3 of this section, the dollar limit of pr ocurements
which may, pursuant to subsection [2] 3 of this section, be
accomplished using "small purchase procedures", shall, for
the purposes of procurements to be paid for with funds other
than federal funds, adjust annually based on the rate of
inflation according to the Consumer Price Index, commencing
in 1995.
68.057. Any expenditure made by a port authority [, as
defined in section 68.205, ] that is over [twenty-five] fifty
thousand dollars, including professional service contra cts,
shall be competitively [bid] procured. Contracts shall be
awarded upon not less than twenty days' notice of the
letting, given by publication in a newspaper of general
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circulation in the city or county creating the port
authority; and in the dis cretion of the commissioners, in
one or more newspapers of general circulation among
contractors. The port authority shall have the power and
authority to reject any and all bids or proposals and to
readvertise the work or proposed purchase .
68.060. 1. Any combination of cities and counties
that do not currently have local port authorities approved
by the highways and transportation commission of the state
of Missouri but which are individually eligible to form
local port authorities, and [cities and counties with ] the
boards of existing local port authorities, are authorized to
directly apply to the highways and transportation commission
of the state for approval of a regional port authority as a
political subdivision of the s tate.
2. The boards of existing local port authorities and
the legislative bodies or county commissions of cities or
counties desiring to form a regional port authority are
hereby authorized to enter into contractual agreements with
each other for the purpose of creating within each
jurisdiction regional port districts administered by the
regional port authority. All terms and provisions of said
contractual agreements shall be consistent with the
provisions of this chapter. The contractual agreement shall
be filed in the office of county clerk, city clerk or clerk
of the county council of each party to the agreement.
3. The boundaries of any regional port district, and
the number, method of appointment, terms, qualifications,
salaries, powers and duties of a regional board of
commissioners shall be fixed by the contractual agreement;
provided, however, that any contractual agreement shall not
become effective until it has been submitted to and approved
by:
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(1) All of the legislative bodies or county
commissions entering into said contractual agreement , with
respect to those cities and counties not currently having
local port authorities approved by the highways and
transportation commission of the state of Missouri; and
(2) The boards of the existing port authorities
entering into said contractual agreement .
4. The port districts to be included within the
regional port authority need not be contiguous, adjacent, or
abutting.
5. Any local port authorit y is authorized to contract
with an existing regional port authority for inclusion in
the regional port authority. The contractual agreement
shall be formulated by the terms and procedures expressed in
subsections 2 and 3 of this section. Approval of the
highways and transportation commission shall be required to
make the annexation effective.
6. Any local port authority established by a city or
county, that subsequently enters into a contractual
agreement and is approved as part of a region al port
authority, is dissolved as of the date that the annexation
is approved by the highways and transportation commission of
the state. On said date, all funds and other assets of the
local port authority shall be transferred to the regional
port authority. The regional port authority shall
faithfully perform all existing contracts and assume all
legal obligations of the local port authority.
68.075. 1. This section shall be known and may be
cited as the "Advanced Industrial M anufacturing Zones Act".
2. As used in this section, the following terms shall
mean:
(1) "AIM zone", an area identified through a
resolution passed by the port authority board of
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commissioners appointed under section 68.045 that is being
developed or redeveloped for any purpose so long as any
infrastructure and building built or improved is in the
development area. The port authority board of commissioners
shall file an annual report indicating the established AIM
zones with the departm ent of revenue;
(2) "County average wage", the average wage in each
county as determined by the Missouri department of economic
development for the most recently completed full calendar
year. However, if the computed county average wage is above
the statewide average wage, the statewide average wage shall
be deemed the county average wage for such county for the
purpose of determining eligibility;
(3) "New job", the number of full -time employees
located at the project facility that excee ds the project
facility base employment less any decrease in the number of
full-time employees at related facilities below the related
facility base employment. No job that was created prior to
the [date of the notice of intent ] establishment of the A IM
zone shall be deemed a new job ; provided, however, that any
job determined by the department of economic development to
be eligible for and which is approved by the department of
economic development for retention of withholding tax under
the Missouri works program established in sections 620.2000
to 620.2020 shall be deemed a new job for purposes of this
section only, provided that the establishment of the AIM
zone immediately follows the end of the period of benefits
under the Missouri works p rogram. An employee that spends
less than fifty percent of the employee's work time at the
facility is still considered to be located at a facility if
the employee receives his or her directions and control from
that facility, is on the facility's pay roll, one hundred
percent of the employee's income from such employment is
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Missouri income, and the employee is paid at or above the
county average wage;
(4) "Related facility", a facility operated by a
company or a related company prior to the e stablishment of
the AIM zone in question located within any port district,
as defined under section 68.015, which is directly related
to the operations of the facility within the new AIM zone.
3. Any port authority located in this state may
establish an AIM zone. Such zone may only include the area
within the port authority's jurisdiction, ownership, or
control, and may include any such area. The port authority
shall determine the boundaries for each AIM zone, and more
than one AIM zone may exist within the port authority's
jurisdiction or under the port authority's ownership or
control, and may be expanded or contracted by resolution of
the port authority board of commissioners.
4. Fifty percent of the state tax withholdings imposed
by sections 143.191 to 143.265 on new jobs within such zone
after development or redevelopment has commenced shall not
be remitted to the general revenue fund of the state of
Missouri. Such moneys shall be deposited into the port
authority AIM zone fund established under subsection 5 of
this section for the purpose of continuing to expand,
develop, and redevelop AIM zones identified by the port
authority board of commissioners and may be used for
managerial, engineering, legal, research, promotio n,
planning, satisfaction of bonds issued under section 68.040,
and any other expenses.
5. There is hereby created in the state treasury the
"Port Authority AIM Zone Fund", which shall consist of money
collected under this section. The state treasurer shall be
custodian of the fund and shall approve disbursements from
the fund in accordance with sections 30.170 and 30.180 to
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the port authorities from which the funds were collected,
less the pro-rata portion appropriated by the general
assembly to be used solely for the administration of this
section which shall not exceed ten percent of the total
amount collected within the zones of a port authority.
Notwithstanding the provisions of section 33.080 to the
contrary, any moneys remaining i n the fund at the end of the
biennium shall not revert to the credit of the general
revenue fund. The state treasurer shall invest moneys in
the fund in the same manner as other funds are invested.
Any interest and moneys earned on such investments s hall be
credited to the fund.
6. The port authority shall approve any projects that
begin construction and disperse any money collected under
this section. The port authority shall submit an annual
budget for the funds to the department of econo mic
development explaining how and when such money will be spent.
7. The provision of section 23.253 notwithstanding, no
AIM zone may be established after August 28, 2030. Any AIM
zone created prior to that date shall continue to exist and
be coterminous with the retirement of all debts incurred
under subsection 4 of this section. No debts may be
incurred or reauthorized using AIM zone revenue after August
28, 2030.
68.080. 1. There is hereby established in the state
treasury the "Waterways and Ports Trust Fund". The fund
shall consist of revenues appropriated to it by the general
assembly.
2. The fund may also receive any gifts, contributions,
grants, or bequests received from federal, private, or other
sources.
3. The fund shall be a revolving trust fund exempt
from the provisions of section 33.080 relating to the
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transfer of unexpended balances by the state treasurer to
the general revenue fund of the state. All interest earned
upon the balance in the fund shall be deposited to the
credit of the fund.
4. Moneys in the fund shall be withdrawn only at the
request of a Missouri port authority for statutorily
permitted port purposes and upon appropriation by the
general assembly, to be administer ed by the state highways
and transportation commission and the department of
transportation, in consultation with Missouri public ports,
for the purposes in subsection 2 of section 68.035 and for
no other purpose. To be eligible to receive an
appropriation from the fund, a project shall be:
(1) A capital improvement project implementing
physical improvements designed to improve commerce or
terminal and transportation facilities on or adjacent to the
navigable rivers of this state;
(2) Located on land owned or held in long -term lease
by a Missouri port authority , or on land owned by a city not
within a county and managed by a Missouri port authority , or
within a navigable river adjacent to such land, and within
the boundaries of a por t authority;
(3) Funded by alternate sources so that moneys from
the fund comprise no more than eighty percent of the cost of
the project;
(4) Selected and approved by the highways and
transportation commission, in consultation with Missouri
public ports, to support a statewide plan for waterborne
commerce, in accordance with subdivision (1) of section
68.065; and
(5) Capable of completion within two years of approval
by the highways and transportation commission.
21
5. Appropriations made from the fund established in
this section may be used as a local share in applying for
other grant programs.
6. The provisions of this section shall terminate on
August 28, 2033, pending the discharge of all warrants. On
December 31, 2033, the fund shall be dissolved and the
unencumbered balance shall be transferred to the general
revenue fund.
68.085. 1. Records and documents submitted to a local
or regional port authority and pertaining to a business
prospect the port authority is currently negotiating may be
deemed a closed record as such term is defined in section
610.010.
2. Records and documents deemed a closed record under
section 620.014 and which are disclosed, in whole or in
part, to a local or regional port authority evaluating the
provision of assistance under this chapter shall not lose
their status as closed records by virtue of such disclosure.
68.205. As used in sections 68.200 to 68.260, unless
the context clearly requi res otherwise, the following terms
shall mean:
(1) "Act", the port improvement district act, sections
68.200 to 68.260;
(2) "Approval", for purposes of elections pursuant to
this act, a simple majority of those qualified voters
casting votes in any election;
(3) "Board", the board of port authority commissioners
for the particular port authority that desires to establish
or has established a district;
(4) "Consent", the written acknowledgment and approval
of the creation of th e district by:
(a) Owners of real property collectively owning more
than [sixty] fifty percent by assessed value of real
22
property within the boundaries of the proposed port
improvement district; and
(b) More than [sixty] fifty percent per capita of the
owners of all real property within the boundaries of the
proposed port improvement district;
(5) "Director of revenue", the director of the
department of revenue of the state of Missouri;
(6) "Disposal of solid waste or sewage", the entire
process of storage, collection, transportation, processing,
and disposal of solid wastes or sewage;
(7) "District" or "port improvement district", an area
designated by the port authority which is located within its
port district boundaries at the time of establishment;
(8) "Election authority", the election authority
having jurisdiction over the area in which the boundaries of
the district are located under chapter 115;
(9) "Energy conservation", the reduction of energy
consumption;
(10) "Energy efficiency", the increased productivity
or effectiveness of the use of energy resources, the
reduction of energy consumption, or the use of renewable
energy sources;
(11) "Obligations", revenue bonds and notes issue d for
the repayment of any money obtained by a port authority from
any public or private source along with any associated
financing costs, including, but not limited to, the costs of
issuance, capitalized interest, and debt service;
(12) "Owner", the individual or individuals or entity
or entities who own a fee interest in real property that is
located within the boundaries of a district based upon the
recorded real estate records of the county recorder, or the
city recorder of deeds if the di strict is located in a city
23
not within a county, as of the thirtieth day prior to any
action;
(13) "Petition", a petition to establish a port
improvement district within the port district boundaries or
a petition to make a substantial change to a n existing
district;
(14) "Pollution", the existence of any noxious
substance in the air or waters or on the lands of the state
in sufficient quantity and of such amounts, characteristics,
and duration as to injure or harm the public health or
welfare or animal life or property;
(15) "Port authority", a political subdivision
established pursuant to this chapter;
(16) "Port district boundaries", the boundaries of any
port authority on file with the clerk of the county
commission, city clerk, or clerk of the legislative or
governing body of the county as applicable, which became
effective upon approval by the Missouri highways and
transportation commission;
(17) "Project" or "port improvement project", with
respect to any property within a port improvement district,
or benefitting property within a port improvement district:
(a) Providing for, or contracting for the provision
of, environmental cleanup, including the disposal of solid
waste, services to brownfields, o r other polluted real
property;
(b) Providing for, or contracting for the provision
of, energy conservation or increased energy efficiency
within any building, structure, or facility;
(c) Providing for, or contracting for the provision
of, wetland creation, preservation, or relocation;
(d) The construction of any building, structure,
infrastructure, fixture, or facility determined by the port
24
authority as essential in developing energy resources,
preventing, reducing, or eliminating pollution, or providing
water facilities or the disposal of solid waste;
(e) Modifications to, or the relocation of, any
existing building, structure, infrastructure, fixture, or
facility that has been acquired or constructed, or which is
to be acquired or constructed for the purpose of developing
energy resources, preventing, reducing, or eliminating
pollution, or providing water facilities or the disposal of
solid waste;
(f) The acquisition, clearing, and grading of real
property and the acquisition of other property and
improvements, or rights and interest therein, which are
determined by the port authority to be significant in, or in
the furtherance of, the history, architecture, archeology,
or culture of the United States, the s tate of Missouri, or
its political subdivisions;
(g) The operation, maintenance, repair,
rehabilitation, or reconstruction of any existing public or
private building, structure, infrastructure, fixture, or
facility determined by the port authorit y to be significant
in, or in the furtherance of, the history, architecture,
archeology, or culture of the United States, the state of
Missouri, or its political subdivisions;
(h) The construction of any new building, structure,
infrastructure, fixture, or facility that is determined by
the port authority to be significant in, or in the
furtherance of, the history, architecture, archeology, or
culture of the United States, the state of Missouri, or its
political subdivisions;
(i) Providing for any project determined to be
significant in or in furtherance of the purpose of a port
authority as provided in section 68.020;
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(18) "Qualified project costs", include any and all
reasonable costs incurred or estimated to be incurred by a
port authority, or a person or entity authorized by a port
authority, in furtherance of a port improvement project,
which costs may include, but are not limited to:
(a) Costs of studies, plans, surveys, and
specifications;
(b) Professional service costs, including, but not
limited to, architectural, engineering, legal, research,
marketing, financial, planning, consulting, and special
services, including professional service costs necessary or
incident to determining the feasibility or pra cticability of
any project and carrying out the same;
(c) Administrative fees and costs of a port authority
in carrying out any of the purposes of this act;
(d) Property assembly costs, including, but not
limited to, acquisition of land and other property and
improvements, real or personal, or rights or interests
therein, demolition of buildings and structures, and the
clearing or grading of land, machinery, and equipment
relating to any project, including the cost of demolishing
or removing any existing structures;
(e) Costs of operating, rehabilitating,
reconstructing, maintaining, and repairing existing
buildings, structures, infrastructure, facilities, or
fixtures;
(f) Costs of constructing new buildings, structures,
infrastructure, facilities, or fixtures;
(g) Costs of constructing, operating, rehabilitating,
reconstructing, maintaining, repairing or removing public
works or improvements;
(h) Financing costs, including, but not limited to,
all necessary and incidental expenses related to the port
26
authority's issuance of obligations, which may include
capitalized interest on any such obligations and reasonable
reserves related to any such obligations;
(i) All or a portion of the port authority's c apital
costs resulting from a port improvement project necessarily
incurred or to be incurred in furtherance of a port
improvement project, to the extent the port authority
accepts and approves such costs; and
(j) Relocation costs, to the extent that a port
authority determines that relocation costs shall be paid, or
are required to be paid, by federal or state law;
(19) "Qualified voters", for the purposes of an
election for the approval of a real property tax or a sales
and use tax:
(a) Registered voters residing within the district; or
(b) If no registered voters reside within the
district, the owners of one or more parcels of real property
within the district which would be subject to such real
property taxes or sales a nd use taxes, as applicable, based
upon the recorded real estate records of the county
recorder, or the city recorder of deeds if the district is
located in a city not within a county, as of the thirtieth
day prior to the date of the applicable electio n;
(20) "Registered voters", persons who reside within
the district and who are qualified and registered to vote
pursuant to chapter 115 as determined by the election
authority as of the thirtieth day prior to the date of the
applicable election;
(21) "Respondent", unless the port authority is the
owner of all real property within the proposed district, the
municipality or municipalities within which the proposed
district is located, the county or counties within which the
proposed district is located, the Missouri highways and
27
transportation commission when the proposed district shall
be within the highways of the state of Missouri, and any
other political subdivision within the boundaries of the
proposed port improvement district, e xcept the petitioning
port authority;
(22) "Revenues", all rents, revenues from any levied
real property tax and sales and use tax, charges and other
income received by a port authority in connection with any
project, including any gift, grant, l oan, or appropriation
received by the port authority with respect thereto;
(23) "Substantial changes", with respect to an
established port improvement district, the addition or
removal of real property to or from the port improvement
district and any changes to the approved district funding
mechanism; [and]
(24) "Taxpayer", a person or owner of real property
within the proposed district who would pay any real estate
or use tax as a result of the district establishment;
(25) "Water facilities", any facilities for the
furnishing and treatment of water for industrial,
commercial, agricultural, or community purposes including,
but not limited to, wells, reservoirs, dams, pumping
stations, water lines, sewer lines, treatment plants,
stabilization ponds, storm sewers, storm water detention and
retention facilities, and related equipment and machinery.
68.253. Notwithstanding any provision of sections
68.200 to 68.260 to the contrary, in the event that the port
authority is the owner of all the real property within the
proposed district or existing district for which a
substantial change has been proposed, or, one hundred
percent per capita of the owners of all the real property
within the proposed district or exi sting district for which
a substantial change has been proposed have consented in
28
writing to the creation of the proposed district or
substantial change, consideration of the petition by the
circuit court shall not be required. In such event,
certification of any question with respect to any tax
proposed to be levied or modified shall be made by the board
of port authority commissioners and thereafter provided to
the election authority as otherwise provided by section
68.250.
68.259. Notwithstanding the provisions of section
1.140 to the contrary, the provisions of [sections 68.025,
68.035, 68.040, 68.057, 68.070, 68.200, 68.205, 68.210,
68.215, 68.220, 68.225, 68.230, 68.235, 68.240, 68.245,
68.250, 68.255, and 68.260 as conta ined in this act] this
chapter shall be severable, and if any provision is for any
reason held to be invalid, such decision shall not
invalidate any of the remaining provisions of [sections
68.025, 68.035, 68.040, 68.057, 68.070, 68.200, 68.205,
68.210, 68.215, 68.220, 68.225, 68.230, 68.235, 68.240,
68.245, 68.250, 68.255, and 68.260 as contained in this act ]
this chapter.