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Missouri Senate Bill SB715

Missouri 2025 Regular Session

Missouri Senate Bill SB715 Compare Versions

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1-2866S.02C
2- 1
3-SENATE COMMITTEE SUBSTITUTE
4-FOR
1+
2+EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3+and is intended to be omitted in the law.
4+FIRST REGULAR SESSION
55 SENATE BILL NO. 715
6+103RD GENERAL ASSEMBLY
7+INTRODUCED BY SENATOR GREGORY (21).
8+2866S.01I KRISTINA MARTIN, Secretary
69 AN ACT
7-To repeal sections 68.010, 68.015, 68.025, 68.035,
8-68.040, 68.045, 68.055, 68.057, 68.060, 68.075,
9-68.080, 68.205, and 68.259, RSMo, and to enact in
10-lieu thereof fifteen new sections relating to port
11-authorities.
10+To repeal sections 68.010, 68.015, 68.025, 68.035, 68.040, 68.045, 68.055, 68.057, 68.060,
11+68.075, 68.205, and 68.259, RSMo, and to enact in lieu thereof fourteen new sections
12+relating to port authorities.
1213
1314 Be it enacted by the General Assembly of the State of Missouri, as follows:
14- Section A. Sections 68.010, 68.015, 68.025, 68.035,
15-68.040, 68.045, 68.055, 68.057, 68.060, 68.075, 68.080, 68.205,
16-and 68.259, RSMo, are repealed and fifteen new sections enacted
17-in lieu thereof, to be known as sections 68.010, 68.015, 68.025,
18-68.035, 68.040, 68.045, 68.055, 68.057, 68.060, 68.075, 68.080,
19-68.085, 68.205, 68.253, and 68.259, to read as follows:
20- 68.010. 1. Every city or county which is situated
21-upon, or adjacent to, or which embraces within its
22-boundaries a navigable waterwa y, is hereby authorized to
23-form a local port authority, and upon approval of the
24-highways and transportation commission of the state of
25-Missouri, the port authority shall be a political
26-subdivision of this state. In every constitutional charter
27-city not within a county, a local "Port Authority" is
28-created by sections 68.010, 68.015, 68.025, 68.040, 68.045,
29-68.060 and 68.070 and shall become a political subdivision
30-of this state September 28, 1975.
31- 2. The highways and transportation commission of the
32-state of Missouri is hereby authorized to accept
33-applications, conduct hearings, and approve or disapprove
34-applications for approval of local or regional port
35-authorities as political subdivisions of this state, as
36-provided herein, but in dete rmining the approval or
37- 2
38-disapproval of such applications, the highways and
39-transportation commission shall consider the following
40-criteria:
41- (1) The population of any city and/or county
42-submitting the application;
43- (2) The desirability and ec onomic feasibility of
44-having more than a single port authority within the same
45-geographic area;
46- (3) The technical and economic capability of
47-participating cities and/or counties, as well as private
48-interests, to plan and carry out port developmen t within the
49-proposed district;
50- (4) The amount of actual and potential river traffic
51-that would make use of any facilities developed by a port
52-authority;
53- (5) The potential economic impact on the immediate
54-area from which the application ori ginates; and
55- (6) The potential impact on the economic development
56-of the entire state and how the proposed port authority's
57-developmental activities relate to any state plans.
58-Provided, however, any such application shall be granted if
59-it is made by a city or county of at least three hundred
60-thousand population, having a common boundary with the state
61-of Kansas, or by a group of cities or counties at least one
62-of which meets the aforesaid criteria, and if no proposed
63-boundary of the port auth ority described in such application
64-overlaps the boundary of any then existing port authority.
65- 3. No city shall create a port authority under
66-sections 68.010, 68.015, 68.025, 68.040, 68.045, 68.060 and
67-68.070 if said city is located within a count y that has,
68-prior to the creation of said port authority by said city,
69-created a port authority which has received approval as a
70- 3
71-political subdivision of this state under sections 68.010,
72-68.015, 68.025, 68.040, 68.045, 68.060 and 68.070.
73- 68.015. 1. The legislative body, or county
74-commission, of each county or city creating a port authority
75-or any port authority created within said city pursuant to
76-section 68.010 hereof shall designate what areas within such
77-county or city shall co mprise one or more port districts,
78-subject to the limitation that any area designated as within
79-a port district shall be or could be reasonably connected to
80-the business of a port. The boundaries of any port district
81-shall be filed with the clerk of t he county commission, city
82-clerk, or clerk of the legislative or governing body of the
83-county as applicable and shall become effective upon
84-approval of the transportation commission. The legislative
85-body or county commission may from time to time enla rge or
86-reduce the area comprising any port district. Any change of
87-boundaries shall be submitted for approval to the highways
88-and transportation commission and upon approval shall be
89-filed with the appropriate clerk and thereupon become
90-effective. In the event a port authority having been
91-created and approved as a political subdivision as provided
92-in section 68.010 thereafter purchases or leases real
93-property located within adjoining municipalities or states,
94-as applicable, such real property sha ll be deemed included
95-within the port district and the port authority shall be
96-empowered to exercise its powers under section 68.025 with
97-respect to such real property, and any personal property
98-located thereon, to the extent not otherwise precluded by
99-law.
100- 2. The legislative body or county commission of any
101-county or city authorized to create a local port authority
102-may appropriate, allocate and expend such funds of the
103-county or city for the planning and development of a port
104- 4
105-district as are reasonable and necessary to carry out the
106-provisions of this chapter.
107- 68.025. 1. Every local and regional port authority,
108-approved as a political subdivision of the state, shall have
109-the following powers to:
110- (1) Confer with any similar body created under laws of
111-this or any other state for the purpose of adopting a
112-comprehensive plan for the future development and
113-improvement of its port districts;
114- (2) Consider and adopt detailed and comprehensive
115-plans for future devel opment and improvement of its port
116-districts and to coordinate such plans with regional and
117-state programs;
118- (3) Establish a port improvement district in
119-accordance with this chapter;
120- (4) Carry out any of the projects enumerated in
121-subdivision (17) of section 68.205;
122- (5) Within the boundaries of any established port
123-improvement district, to levy either a sales and use tax or
124-a real property tax, or both, for the purposes of paying any
125-part of the cost of a project benefitting propert y in a port
126-improvement district; except that no port improvement
127-district real property tax may be levied on any property,
128-real or personal, which is assessed pursuant to sections
129-151.010 to 151.340, unless such real property tax levy is
130-agreed to in writing by the property's owner;
131- (6) Pledge both revenues generated by any port
132-improvement district and any other port authority revenue
133-source to the repayment of any outstanding obligations;
134- (7) Either jointly with a similar body, or sepa rately,
135-recommend to the proper departments of the government of the
136-United States, or any state or subdivision thereof, or to
137- 5
138-any other body, the carrying out of any public improvement
139-for the benefit of its port districts;
140- (8) Provide for membership in any official,
141-industrial, commercial, or trade association, or any other
142-organization concerned with such purposes, for receptions of
143-officials or others as may contribute to the advancement of
144-its port districts and any industrial development therein,
145-and for such other public relations activities as will
146-promote the same, and such activities shall be considered a
147-public purpose;
148- (9) Represent its port districts before all federal,
149-state and local agencies;
150- (10) Cooperate with [other public agencies and with ]
151-industry, business, and labor , and other public or private
152-agencies, individuals, partnerships, and corporations, in
153-port district improvement matters;
154- (11) Enter into any agreement with any other states,
155-agencies, authorities, commissions, municipalities, persons,
156-corporations, or the United States, to effect any of the
157-provisions contained in this chapter;
158- (12) Approve the construction of all wharves, piers,
159-bulkheads, jetties, or other structures;
160- (13) Prevent or remove, or cause to be removed,
161-obstructions in harbor areas, including the removal of
162-wrecks, wharves, piers, bulkheads, derelicts, jetties or
163-other structures endangering the health and general welfare
164-of the port districts; in case of the sinking of a facility
165-from any cause, such facility or vessel shall be removed
166-from the harbor at the expense of its owner or agent so that
167-it shall not obstruct the harbor;
168- (14) Recommend the relocation, change, or removal of
169-dock lines and shore or harbor lines;
170- 6
171- (15) Acquire, own, construct, redevelop, lease,
172-maintain, and conduct land reclamation and resource
173-recovery, including the removal of sand, rock, or gravel,
174-residential developments, commercial developments, mixed -use
175-developments, recreational facilities, industrial parks,
176-industrial facilities, and terminals, terminal facilities,
177-warehouses and any other type port facility;
178- (16) Acquire, own, lease, sell , mortgage, encumber, or
179-otherwise dispose of interest in and to real property and
180-improvements situate thereon and in personal property
181-necessary to fulfill the purposes of the port authority ,
182-including, but not limited to, property in adjoining
183-municipalities and states ;
184- (17) Acquire rights-of-way and property of any kind or
185-nature within its port districts necessary for its
186-purposes. Every port authority shall have the right and
187-power to acquire the same by purchase, negotiation, or by
188-condemnation, and should it elect to exercise the right of
189-eminent domain, condemnation proceedings shall be maintained
190-by and in the name of the port authority, and it may proceed
191-in the manner provided by the laws of this state for any
192-county or municipality. The power of eminent domain shall
193-not apply to property actively being used in relation to or
194-in conjunction with river trade or commerce, unless such use
195-is by a port authority pursuant to a lease in which event
196-the power of eminent domain shall apply;
197- (18) Contract and be contracted with, and to sue and
198-be sued;
199- (19) Accept gifts, grants, loans or contributions from
200-the United States of America, the state of Missouri,
201-political subdivisions, municipalities, foundations, other
202-public or private agencies, [individual, partnership ]
203-individuals, partnerships, or corporations;
204- 7
205- (20) Employ such managerial, engineering, legal,
206-technical, clerical, accounting, advertising, stenographic,
207-and other assistance as it may deem advisable. The port
208-authority may also contract with indepen dent contractors for
209-any of the foregoing assistance;
210- (21) Improve navigable and nonnavigable areas as
211-regulated by federal statute;
212- (22) Disburse funds for its lawful activities and fix
213-salaries and wages of its employees; [and]
214- (23) Adopt, alter or repeal its own bylaws, rules and
215-regulations governing the manner in which its business may
216-be transacted; however, said bylaws, rules and regulations
217-shall not exceed the powers granted to the port authority by
218-this chapter;
219- (24) Create and operate such agencies and departments
220-as may be deemed necessary or useful for the furtherance of
221-the port authority's purpose; and
222- (25) Perform such other actions necessary or useful in
223-the exercise of those powers enumerated herein .
224- 2. Without limiting any other powers granted to port
225-authorities by this section, every local or regional port
226-authority approved as a political subdivision of the state
227-and whose port district is located in whole or in part
228-within any home rule city with more than four hundred
229-thousand inhabitants and located in more than one county,
230-shall have the additional powers to:
231- (1) Establish park rangers. A port authority may
232-appoint and commission such park rangers as it may deem
233-advisable to assist the municipal police force in
234-maintaining order and preserving the peace within the
235-boundaries of any real property owned or leased by the port
236-authority within the state and on public streets within the
237-boundaries of or abutting any real prope rty owned or leased
238- 8
239-by the port authority within the state; provided, however,
240-that such park rangers shall have satisfactorily completed a
241-training course as prescribed by chapter 590 for peace
242-officers within the state or shall otherwise comply with the
243-requirements of chapter 590 for certification within the
244-time periods specified in that chapter. Each park ranger
245-shall take and subscribe an oath of office to perform their
246-duties faithfully and impartially and shall be given a
247-certificate of commission as a park ranger granting to them
248-the power to carry a firearm, maintain order, preserve the
249-peace, issue citations, and make arrests for violations of
250-state statutes and municipal ordinances within their
251-jurisdiction. The municipal police fo rce shall at all times
252-maintain primary jurisdiction, and nothing in this section
253-shall be construed to deprive, curtail, restrict, or
254-otherwise impair such municipal police force in the
255-performance of its duties;
256- (2) Exercise those powers and du ties under the
257-provisions of sections 99.010 to 99.230, sections 99.300 to
258-99.660, sections 100.300 to 100.620, and sections 353.010 to
259-353.190. In exercising such powers and duties, the board of
260-port authority commissioners shall be empowered to act in
261-lieu of the governing bodies established by such sections,
262-anything to the contrary therein notwithstanding; provided,
263-however, that this subdivision shall not be construed as
264-delegating to any port authority the power or authority to
265-take any action expressly reserved to the governing body of
266-the municipality; and
267- (3) Contract with any other port authority for the
268-purpose of providing administrative support and exercising,
269-on such port authority's behalf and in its name, the powers
270-delegated to port authorities by this chapter.
271- 9
272- 3. In implementing its powers, the port authority
273-shall have the power to enter into agreements with private
274-operators or public entities for the joint development,
275-redevelopment, and reclamation of propert y within a port
276-district or for other uses to fulfill the purposes of the
277-port authority.
278- 68.035. 1. The state may make grants to a state port
279-fund, as appropriated by the general assembly, to be
280-allocated by the department of transpo rtation to local port
281-authorities or regional port coordinating agencies. These
282-grants, administered on a nonmatching basis, could be used
283-for managerial, engineering, legal, research, promotion,
284-planning and any other expenses.
285- 2. In addition the state may make capital improvement
286-matching grants contributing eighty percent of the funds and
287-local port authorities contributing twenty percent of the
288-funds for specific undertakings of port development such as
289-land acquisitions, construction, te rminal facility
290-development, port improvement projects, and other related
291-port facilities. Notwithstanding the foregoing, any
292-matching grants awarded by the Missouri highways and
293-transportation commission under the Port Capital Improvement
294-Program shall be transportation related.
295- 3. The grants provided herein may be used as the local
296-share in applying for other grant programs.
297- 4. In the event the general assembly includes within
298-any appropriation bill a designation of funds for a project
299-to be undertaken by a port authority, the department or
300-office of the state to whom the appropriation is made shall
301-be empowered to advance the designated funds to the port
302-authority in the fiscal year in which the appropriation was
303-made in lieu of providing such funding on a reimbursement
304-basis, subject to such form of agreement as the department
305- 10
306-or office of the state shall reasonably require for purposes
307-of ensuring that the port authority is obligated to expend
308-the designated funds for their i ntended purpose and none
309-other, and further obligating the port authority to the
310-repayment of such designated funds in the event the port
311-authority fails to abide by the requirements thereof.
312- 68.040. 1. Every local and regional port au thority,
313-approved as a political subdivision of the state, may from
314-time to time issue its negotiable revenue bonds or notes in
315-such principal amounts as, in its opinion, shall be
316-necessary to provide sufficient funds for achieving its
317-purposes, including the construction of port facilities and
318-the financing of port improvement projects; establish
319-reserves to secure such bonds and notes; and make other
320-expenditures, incident and necessary to carry out its
321-purposes and powers.
322- 2. This state shall not be liable on any notes or
323-bonds of any port authority. Any such notes or bonds shall
324-not be a debt of the state and shall contain on the faces
325-thereof a statement to such effect ; provided, however, the
326-failure to include such statement on the faces thereof shall
327-not invalidate the notes or bonds, nor render the state
328-liable on such notes or bonds .
329- 3. No commissioner of any port authority or any
330-authorized person executing port authority notes or bonds
331-shall be liable personally on sai d notes or bonds or shall
332-be subject to any personal liability or accountability by
333-reason of the issuance thereof.
334- 4. The notes and bonds of every port authority are
335-securities in which all public officers and bodies of this
336-state and all politi cal subdivisions and municipalities, all
337-insurance companies and associations, and other persons
338-carrying on an insurance business, all banks, trust
339- 11
340-companies, saving associations, savings and loan
341-associations, credit unions, investment companies, all
342-administrators, guardians, executors, trustees, and other
343-fiduciaries, and all other persons whatsoever, who now or
344-may hereafter be authorized to invest in notes and bonds or
345-other obligations of this state, may properly and legally
346-invest funds, including capital, in their control or
347-belonging to them.
348- 5. No port authority shall be required to pay any
349-taxes or any assessments whatsoever to this state or to any
350-political subdivisions, municipality, or other governmental
351-agency of this state . The notes and bonds of every port
352-authority and the income therefrom shall, at all times, be
353-exempt from any taxes and any assessments, except for death
354-and gift taxes and taxes on transfers. Additionally, the
355-leases of both real and personal prope rty by or to any port
356-authority involving the issuance of bonds authorized under
357-this chapter shall be exempt from taxation. A port
358-authority issuing bonds under this chapter for incentivized
359-development shall require the developer of any project whic h
360-is to be leased to such developer, or any other party, to
361-confer with the affected taxing authorities, and
362-subsequently contractually require the payment of such sums
363-as they may agree upon, or the port authority may elect to
364-require such sums to be allocated among such taxing
365-authorities on the same pro rata basis as are ad valorem
366-property tax revenues.
367- 6. Every port authority shall have the powers and be
368-governed by the procedures now or hereafter conferred upon
369-or applicable to the envi ronmental improvement authority,
370-chapter 260, relating to the manner of issuance of revenue
371-bonds and notes, and the port authority shall exercise all
372-such powers and adhere to all such procedures insofar as
373- 12
374-they are consistent with the necessary and p roper
375-undertaking of its purposes.
376- 68.045. 1. Every local port authority shall be
377-administered by a board of port authority commissioners
378-which shall consist of at least seven members; provided,
379-however, that the number of members of one political party
380-shall not exceed the number of members of the other party by
381-more than one. Newly created port authorities as well as
382-those presently constituted shall structure the terms of
383-those commissioners so that no more than three members'
384-terms shall expire in any one year ; provided, however, each
385-member shall continue to serve until their successor has
386-been appointed as provided herein . The legislative body or
387-county commission of the county or city creating the port
388-authority or in the case of a port authority created in this
389-act in a constitutional charter city not within a county,
390-the legislative body of that constitutional charter city
391-shall determine the method of appointment, and subject to
392-the limitations expressed in the f irst sentence of this
393-section, shall determine their qualifications, salaries,
394-powers and duties consistent with the provisions of this
395-chapter; provided, however, in the event the legislative
396-body or county commission, as applicable, does not determin e
397-such qualifications, salaries, powers, and duties prior to
398-appointment, the board of port authority commissioners may
399-elect to do so pursuant to its bylaws, consistent with the
400-provisions of this chapter . The legislative body or county
401-commission shall also provide for the filing of annual
402-reports by the board of port authority commissioners and for
403-periodic independent audits of the accounts of the port
404-authority.
405- 2. A member of a board of port authority commissioners
406-shall be removed fro m office in such manner as is provided
407- 13
408-for the appointment of members, as provided in subsection 1
409-of this section, for malfeasance, willful neglect of duty,
410-or other cause after notice and public hearing, unless such
411-notice or hearing is expressly wai ved in writing. Removal
412-for any other reason, and the process to be undertaken in
413-effecting such removal, shall be reserved to the board of
414-port authority commissioners and exercised as prescribed by
415-the bylaws.
416- 68.055. 1. Every port authority shall let contracts
417-for all work to be done and for equipment, supplies or
418-materials to be purchased. Excepting as otherwise provided
419-herein, such contracts shall be given to the [lowest
420-responsible bidder therefor, upon not less than twent y days'
421-notice of the letting, given by publication in a newspaper
422-of general circulation in the city or county creating the
423-port authority; and in the discretion of the commissioners,
424-in one or more newspapers of general circulation among
425-contractors. The port authority shall have the power and
426-authority to reject any and all bids and to readvertise the
427-work or proposed purchase ] bidder or proposer whose bid or
428-proposal, when evaluated considering factors such as ability
429-to perform, timeliness, c haracter and reputation, quality of
430-past performance, compliance with applicable laws, quality
431-and availability, and ability to provide future maintenance
432-and services where applicable, is determined to be lowest
433-and best.
434- 2. Every port authority may utilize such additional
435-procurement methods authorized by any provision of state law
436-with respect to political subdivisions, or not otherwise
437-precluded by any provision of state law with respect to
438-political subdivisions, provided such non -precluded methods
439-are structured and implemented in a manner as to ensure an
440-open, transparent, competitive, and fair process.
441- 14
442-Notwithstanding the foregoing, nothing in this section shall
443-be construed to authorize a port authority to utilize
444-anything other than a qualifications -based procurement
445-method with respect to professional architecture or
446-engineering services in connection with the design,
447-construction, alteration, addition, remodeling, or
448-improvement of any public facility.
449- 3. Notwithstanding the provisions of subsection 1 of
450-this section, every port authority may let contracts in a
451-manner consistent with the procedures set forth in 24 CFR
452-Section 85.36, "Uniform Administrative Requirements for
453-Grants and Cooperative Agreements to State and Local
454-Government", as may be revised from time to time, regardless
455-of the source of funds for the procurement, except that if a
456-funding source mandates specific procedures for letting
457-contracts as a condition to receipt of funds which are
458-inconsistent with the procedures authorized in this section
459-for letting contracts, a port authority may use such
460-procedures required by the funding source.
461- [3.] 4. Notwithstanding the provisions of subsection
462-[2] 3 of this section, the dollar limit of pr ocurements
463-which may, pursuant to subsection [2] 3 of this section, be
464-accomplished using "small purchase procedures", shall, for
465-the purposes of procurements to be paid for with funds other
466-than federal funds, adjust annually based on the rate of
467-inflation according to the Consumer Price Index, commencing
468-in 1995.
469- 68.057. Any expenditure made by a port authority [, as
470-defined in section 68.205, ] that is over [twenty-five] fifty
471-thousand dollars, including professional service contra cts,
472-shall be competitively [bid] procured. Contracts shall be
473-awarded upon not less than twenty days' notice of the
474-letting, given by publication in a newspaper of general
475- 15
476-circulation in the city or county creating the port
477-authority; and in the dis cretion of the commissioners, in
478-one or more newspapers of general circulation among
479-contractors. The port authority shall have the power and
480-authority to reject any and all bids or proposals and to
481-readvertise the work or proposed purchase .
482- 68.060. 1. Any combination of cities and counties
483-that do not currently have local port authorities approved
484-by the highways and transportation commission of the state
485-of Missouri but which are individually eligible to form
486-local port authorities, and [cities and counties with ] the
487-boards of existing local port authorities, are authorized to
488-directly apply to the highways and transportation commission
489-of the state for approval of a regional port authority as a
490-political subdivision of the s tate.
491- 2. The boards of existing local port authorities and
492-the legislative bodies or county commissions of cities or
493-counties desiring to form a regional port authority are
494-hereby authorized to enter into contractual agreements with
495-each other for the purpose of creating within each
496-jurisdiction regional port districts administered by the
497-regional port authority. All terms and provisions of said
498-contractual agreements shall be consistent with the
499-provisions of this chapter. The contractual agreement shall
500-be filed in the office of county clerk, city clerk or clerk
501-of the county council of each party to the agreement.
502- 3. The boundaries of any regional port district, and
503-the number, method of appointment, terms, qualifications,
504-salaries, powers and duties of a regional board of
505-commissioners shall be fixed by the contractual agreement;
506-provided, however, that any contractual agreement shall not
507-become effective until it has been submitted to and approved
508-by:
509- 16
510- (1) All of the legislative bodies or county
511-commissions entering into said contractual agreement , with
512-respect to those cities and counties not currently having
513-local port authorities approved by the highways and
514-transportation commission of the state of Missouri; and
515- (2) The boards of the existing port authorities
516-entering into said contractual agreement .
517- 4. The port districts to be included within the
518-regional port authority need not be contiguous, adjacent, or
519-abutting.
520- 5. Any local port authorit y is authorized to contract
521-with an existing regional port authority for inclusion in
522-the regional port authority. The contractual agreement
523-shall be formulated by the terms and procedures expressed in
524-subsections 2 and 3 of this section. Approval of the
525-highways and transportation commission shall be required to
526-make the annexation effective.
527- 6. Any local port authority established by a city or
528-county, that subsequently enters into a contractual
529-agreement and is approved as part of a region al port
530-authority, is dissolved as of the date that the annexation
531-is approved by the highways and transportation commission of
532-the state. On said date, all funds and other assets of the
533-local port authority shall be transferred to the regional
534-port authority. The regional port authority shall
535-faithfully perform all existing contracts and assume all
536-legal obligations of the local port authority.
537- 68.075. 1. This section shall be known and may be
538-cited as the "Advanced Industrial M anufacturing Zones Act".
539- 2. As used in this section, the following terms shall
540-mean:
541- (1) "AIM zone", an area identified through a
542-resolution passed by the port authority board of
543- 17
544-commissioners appointed under section 68.045 that is being
545-developed or redeveloped for any purpose so long as any
546-infrastructure and building built or improved is in the
547-development area. The port authority board of commissioners
548-shall file an annual report indicating the established AIM
549-zones with the departm ent of revenue;
550- (2) "County average wage", the average wage in each
551-county as determined by the Missouri department of economic
552-development for the most recently completed full calendar
553-year. However, if the computed county average wage is above
554-the statewide average wage, the statewide average wage shall
555-be deemed the county average wage for such county for the
556-purpose of determining eligibility;
557- (3) "New job", the number of full -time employees
558-located at the project facility that excee ds the project
559-facility base employment less any decrease in the number of
560-full-time employees at related facilities below the related
561-facility base employment. No job that was created prior to
562-the [date of the notice of intent ] establishment of the A IM
563-zone shall be deemed a new job ; provided, however, that any
564-job determined by the department of economic development to
565-be eligible for and which is approved by the department of
566-economic development for retention of withholding tax under
567-the Missouri works program established in sections 620.2000
568-to 620.2020 shall be deemed a new job for purposes of this
569-section only, provided that the establishment of the AIM
570-zone immediately follows the end of the period of benefits
571-under the Missouri works p rogram. An employee that spends
572-less than fifty percent of the employee's work time at the
573-facility is still considered to be located at a facility if
574-the employee receives his or her directions and control from
575-that facility, is on the facility's pay roll, one hundred
576-percent of the employee's income from such employment is
577- 18
578-Missouri income, and the employee is paid at or above the
579-county average wage;
580- (4) "Related facility", a facility operated by a
581-company or a related company prior to the e stablishment of
582-the AIM zone in question located within any port district,
583-as defined under section 68.015, which is directly related
584-to the operations of the facility within the new AIM zone.
585- 3. Any port authority located in this state may
586-establish an AIM zone. Such zone may only include the area
587-within the port authority's jurisdiction, ownership, or
588-control, and may include any such area. The port authority
589-shall determine the boundaries for each AIM zone, and more
590-than one AIM zone may exist within the port authority's
591-jurisdiction or under the port authority's ownership or
592-control, and may be expanded or contracted by resolution of
593-the port authority board of commissioners.
594- 4. Fifty percent of the state tax withholdings imposed
595-by sections 143.191 to 143.265 on new jobs within such zone
596-after development or redevelopment has commenced shall not
597-be remitted to the general revenue fund of the state of
598-Missouri. Such moneys shall be deposited into the port
599-authority AIM zone fund established under subsection 5 of
600-this section for the purpose of continuing to expand,
601-develop, and redevelop AIM zones identified by the port
602-authority board of commissioners and may be used for
603-managerial, engineering, legal, research, promotio n,
604-planning, satisfaction of bonds issued under section 68.040,
605-and any other expenses.
606- 5. There is hereby created in the state treasury the
607-"Port Authority AIM Zone Fund", which shall consist of money
608-collected under this section. The state treasurer shall be
609-custodian of the fund and shall approve disbursements from
610-the fund in accordance with sections 30.170 and 30.180 to
611- 19
612-the port authorities from which the funds were collected,
613-less the pro-rata portion appropriated by the general
614-assembly to be used solely for the administration of this
615-section which shall not exceed ten percent of the total
616-amount collected within the zones of a port authority.
617-Notwithstanding the provisions of section 33.080 to the
618-contrary, any moneys remaining i n the fund at the end of the
619-biennium shall not revert to the credit of the general
620-revenue fund. The state treasurer shall invest moneys in
621-the fund in the same manner as other funds are invested.
622-Any interest and moneys earned on such investments s hall be
623-credited to the fund.
624- 6. The port authority shall approve any projects that
625-begin construction and disperse any money collected under
626-this section. The port authority shall submit an annual
627-budget for the funds to the department of econo mic
628-development explaining how and when such money will be spent.
629- 7. The provision of section 23.253 notwithstanding, no
630-AIM zone may be established after August 28, 2030. Any AIM
631-zone created prior to that date shall continue to exist and
632-be coterminous with the retirement of all debts incurred
633-under subsection 4 of this section. No debts may be
634-incurred or reauthorized using AIM zone revenue after August
635-28, 2030.
636- 68.080. 1. There is hereby established in the state
637-treasury the "Waterways and Ports Trust Fund". The fund
638-shall consist of revenues appropriated to it by the general
639-assembly.
640- 2. The fund may also receive any gifts, contributions,
641-grants, or bequests received from federal, private, or other
642-sources.
643- 3. The fund shall be a revolving trust fund exempt
644-from the provisions of section 33.080 relating to the
645- 20
646-transfer of unexpended balances by the state treasurer to
647-the general revenue fund of the state. All interest earned
648-upon the balance in the fund shall be deposited to the
649-credit of the fund.
650- 4. Moneys in the fund shall be withdrawn only at the
651-request of a Missouri port authority for statutorily
652-permitted port purposes and upon appropriation by the
653-general assembly, to be administer ed by the state highways
654-and transportation commission and the department of
655-transportation, in consultation with Missouri public ports,
656-for the purposes in subsection 2 of section 68.035 and for
657-no other purpose. To be eligible to receive an
658-appropriation from the fund, a project shall be:
659- (1) A capital improvement project implementing
660-physical improvements designed to improve commerce or
661-terminal and transportation facilities on or adjacent to the
662-navigable rivers of this state;
663- (2) Located on land owned or held in long -term lease
664-by a Missouri port authority , or on land owned by a city not
665-within a county and managed by a Missouri port authority , or
666-within a navigable river adjacent to such land, and within
667-the boundaries of a por t authority;
668- (3) Funded by alternate sources so that moneys from
669-the fund comprise no more than eighty percent of the cost of
670-the project;
671- (4) Selected and approved by the highways and
672-transportation commission, in consultation with Missouri
673-public ports, to support a statewide plan for waterborne
674-commerce, in accordance with subdivision (1) of section
675-68.065; and
676- (5) Capable of completion within two years of approval
677-by the highways and transportation commission.
678- 21
679- 5. Appropriations made from the fund established in
680-this section may be used as a local share in applying for
681-other grant programs.
682- 6. The provisions of this section shall terminate on
683-August 28, 2033, pending the discharge of all warrants. On
684-December 31, 2033, the fund shall be dissolved and the
685-unencumbered balance shall be transferred to the general
686-revenue fund.
687- 68.085. 1. Records and documents submitted to a local
688-or regional port authority and pertaining to a business
689-prospect the port authority is currently negotiating may be
690-deemed a closed record as such term is defined in section
691-610.010.
692- 2. Records and documents deemed a closed record under
693-section 620.014 and which are disclosed, in whole or in
694-part, to a local or regional port authority evaluating the
695-provision of assistance under this chapter shall not lose
696-their status as closed records by virtue of such disclosure.
697- 68.205. As used in sections 68.200 to 68.260, unless
698-the context clearly requi res otherwise, the following terms
699-shall mean:
700- (1) "Act", the port improvement district act, sections
701-68.200 to 68.260;
702- (2) "Approval", for purposes of elections pursuant to
703-this act, a simple majority of those qualified voters
704-casting votes in any election;
705- (3) "Board", the board of port authority commissioners
706-for the particular port authority that desires to establish
707-or has established a district;
708- (4) "Consent", the written acknowledgment and approval
709-of the creation of th e district by:
710- (a) Owners of real property collectively owning more
711-than [sixty] fifty percent by assessed value of real
712- 22
713-property within the boundaries of the proposed port
714-improvement district; and
715- (b) More than [sixty] fifty percent per capita of the
716-owners of all real property within the boundaries of the
717-proposed port improvement district;
718- (5) "Director of revenue", the director of the
719-department of revenue of the state of Missouri;
720- (6) "Disposal of solid waste or sewage", the entire
721-process of storage, collection, transportation, processing,
722-and disposal of solid wastes or sewage;
723- (7) "District" or "port improvement district", an area
724-designated by the port authority which is located within its
725-port district boundaries at the time of establishment;
726- (8) "Election authority", the election authority
727-having jurisdiction over the area in which the boundaries of
728-the district are located under chapter 115;
729- (9) "Energy conservation", the reduction of energy
730-consumption;
731- (10) "Energy efficiency", the increased productivity
732-or effectiveness of the use of energy resources, the
733-reduction of energy consumption, or the use of renewable
734-energy sources;
735- (11) "Obligations", revenue bonds and notes issue d for
736-the repayment of any money obtained by a port authority from
737-any public or private source along with any associated
738-financing costs, including, but not limited to, the costs of
739-issuance, capitalized interest, and debt service;
740- (12) "Owner", the individual or individuals or entity
741-or entities who own a fee interest in real property that is
742-located within the boundaries of a district based upon the
743-recorded real estate records of the county recorder, or the
744-city recorder of deeds if the di strict is located in a city
745- 23
746-not within a county, as of the thirtieth day prior to any
747-action;
748- (13) "Petition", a petition to establish a port
749-improvement district within the port district boundaries or
750-a petition to make a substantial change to a n existing
751-district;
752- (14) "Pollution", the existence of any noxious
753-substance in the air or waters or on the lands of the state
754-in sufficient quantity and of such amounts, characteristics,
755-and duration as to injure or harm the public health or
756-welfare or animal life or property;
757- (15) "Port authority", a political subdivision
758-established pursuant to this chapter;
759- (16) "Port district boundaries", the boundaries of any
760-port authority on file with the clerk of the county
761-commission, city clerk, or clerk of the legislative or
762-governing body of the county as applicable, which became
763-effective upon approval by the Missouri highways and
764-transportation commission;
765- (17) "Project" or "port improvement project", with
766-respect to any property within a port improvement district,
767-or benefitting property within a port improvement district:
768- (a) Providing for, or contracting for the provision
769-of, environmental cleanup, including the disposal of solid
770-waste, services to brownfields, o r other polluted real
771-property;
772- (b) Providing for, or contracting for the provision
773-of, energy conservation or increased energy efficiency
774-within any building, structure, or facility;
775- (c) Providing for, or contracting for the provision
776-of, wetland creation, preservation, or relocation;
777- (d) The construction of any building, structure,
778-infrastructure, fixture, or facility determined by the port
779- 24
780-authority as essential in developing energy resources,
781-preventing, reducing, or eliminating pollution, or providing
782-water facilities or the disposal of solid waste;
783- (e) Modifications to, or the relocation of, any
784-existing building, structure, infrastructure, fixture, or
785-facility that has been acquired or constructed, or which is
786-to be acquired or constructed for the purpose of developing
787-energy resources, preventing, reducing, or eliminating
788-pollution, or providing water facilities or the disposal of
789-solid waste;
790- (f) The acquisition, clearing, and grading of real
791-property and the acquisition of other property and
792-improvements, or rights and interest therein, which are
793-determined by the port authority to be significant in, or in
794-the furtherance of, the history, architecture, archeology,
795-or culture of the United States, the s tate of Missouri, or
796-its political subdivisions;
797- (g) The operation, maintenance, repair,
798-rehabilitation, or reconstruction of any existing public or
799-private building, structure, infrastructure, fixture, or
800-facility determined by the port authorit y to be significant
801-in, or in the furtherance of, the history, architecture,
802-archeology, or culture of the United States, the state of
803-Missouri, or its political subdivisions;
804- (h) The construction of any new building, structure,
805-infrastructure, fixture, or facility that is determined by
806-the port authority to be significant in, or in the
807-furtherance of, the history, architecture, archeology, or
808-culture of the United States, the state of Missouri, or its
809-political subdivisions;
810- (i) Providing for any project determined to be
811-significant in or in furtherance of the purpose of a port
812-authority as provided in section 68.020;
813- 25
814- (18) "Qualified project costs", include any and all
815-reasonable costs incurred or estimated to be incurred by a
816-port authority, or a person or entity authorized by a port
817-authority, in furtherance of a port improvement project,
818-which costs may include, but are not limited to:
819- (a) Costs of studies, plans, surveys, and
820-specifications;
821- (b) Professional service costs, including, but not
822-limited to, architectural, engineering, legal, research,
823-marketing, financial, planning, consulting, and special
824-services, including professional service costs necessary or
825-incident to determining the feasibility or pra cticability of
826-any project and carrying out the same;
827- (c) Administrative fees and costs of a port authority
828-in carrying out any of the purposes of this act;
829- (d) Property assembly costs, including, but not
830-limited to, acquisition of land and other property and
831-improvements, real or personal, or rights or interests
832-therein, demolition of buildings and structures, and the
833-clearing or grading of land, machinery, and equipment
834-relating to any project, including the cost of demolishing
835-or removing any existing structures;
836- (e) Costs of operating, rehabilitating,
837-reconstructing, maintaining, and repairing existing
838-buildings, structures, infrastructure, facilities, or
839-fixtures;
840- (f) Costs of constructing new buildings, structures,
841-infrastructure, facilities, or fixtures;
842- (g) Costs of constructing, operating, rehabilitating,
843-reconstructing, maintaining, repairing or removing public
844-works or improvements;
845- (h) Financing costs, including, but not limited to,
846-all necessary and incidental expenses related to the port
847- 26
848-authority's issuance of obligations, which may include
849-capitalized interest on any such obligations and reasonable
850-reserves related to any such obligations;
851- (i) All or a portion of the port authority's c apital
852-costs resulting from a port improvement project necessarily
853-incurred or to be incurred in furtherance of a port
854-improvement project, to the extent the port authority
855-accepts and approves such costs; and
856- (j) Relocation costs, to the extent that a port
857-authority determines that relocation costs shall be paid, or
858-are required to be paid, by federal or state law;
859- (19) "Qualified voters", for the purposes of an
860-election for the approval of a real property tax or a sales
861-and use tax:
862- (a) Registered voters residing within the district; or
863- (b) If no registered voters reside within the
864-district, the owners of one or more parcels of real property
865-within the district which would be subject to such real
866-property taxes or sales a nd use taxes, as applicable, based
867-upon the recorded real estate records of the county
868-recorder, or the city recorder of deeds if the district is
869-located in a city not within a county, as of the thirtieth
870-day prior to the date of the applicable electio n;
871- (20) "Registered voters", persons who reside within
872-the district and who are qualified and registered to vote
873-pursuant to chapter 115 as determined by the election
874-authority as of the thirtieth day prior to the date of the
875-applicable election;
876- (21) "Respondent", unless the port authority is the
877-owner of all real property within the proposed district, the
878-municipality or municipalities within which the proposed
879-district is located, the county or counties within which the
880-proposed district is located, the Missouri highways and
881- 27
882-transportation commission when the proposed district shall
883-be within the highways of the state of Missouri, and any
884-other political subdivision within the boundaries of the
885-proposed port improvement district, e xcept the petitioning
886-port authority;
887- (22) "Revenues", all rents, revenues from any levied
888-real property tax and sales and use tax, charges and other
889-income received by a port authority in connection with any
890-project, including any gift, grant, l oan, or appropriation
891-received by the port authority with respect thereto;
892- (23) "Substantial changes", with respect to an
893-established port improvement district, the addition or
894-removal of real property to or from the port improvement
895-district and any changes to the approved district funding
896-mechanism; [and]
897- (24) "Taxpayer", a person or owner of real property
898-within the proposed district who would pay any real estate
899-or use tax as a result of the district establishment;
900- (25) "Water facilities", any facilities for the
901-furnishing and treatment of water for industrial,
902-commercial, agricultural, or community purposes including,
903-but not limited to, wells, reservoirs, dams, pumping
904-stations, water lines, sewer lines, treatment plants,
905-stabilization ponds, storm sewers, storm water detention and
906-retention facilities, and related equipment and machinery.
907- 68.253. Notwithstanding any provision of sections
908-68.200 to 68.260 to the contrary, in the event that the port
909-authority is the owner of all the real property within the
910-proposed district or existing district for which a
911-substantial change has been proposed, or, one hundred
912-percent per capita of the owners of all the real property
913-within the proposed district or exi sting district for which
914-a substantial change has been proposed have consented in
915- 28
916-writing to the creation of the proposed district or
917-substantial change, consideration of the petition by the
918-circuit court shall not be required. In such event,
919-certification of any question with respect to any tax
920-proposed to be levied or modified shall be made by the board
921-of port authority commissioners and thereafter provided to
922-the election authority as otherwise provided by section
923-68.250.
924- 68.259. Notwithstanding the provisions of section
925-1.140 to the contrary, the provisions of [sections 68.025,
926-68.035, 68.040, 68.057, 68.070, 68.200, 68.205, 68.210,
927-68.215, 68.220, 68.225, 68.230, 68.235, 68.240, 68.245,
928-68.250, 68.255, and 68.260 as conta ined in this act] this
929-chapter shall be severable, and if any provision is for any
930-reason held to be invalid, such decision shall not
931-invalidate any of the remaining provisions of [sections
932-68.025, 68.035, 68.040, 68.057, 68.070, 68.200, 68.205,
933-68.210, 68.215, 68.220, 68.225, 68.230, 68.235, 68.240,
934-68.245, 68.250, 68.255, and 68.260 as contained in this act ]
935-this chapter.
15+ Section A. Sections 68.010, 68.015, 68.025, 68.035, 1
16+68.040, 68.045, 68.055, 68.057, 68.060, 68.075, 68.205, and 2
17+68.259, RSMo, are repealed and fourteen new sections enacted in 3
18+lieu thereof, to be known as sections 68.010, 68.015, 68.025, 4
19+68.035, 68.040, 68.045, 68.055, 68.057, 68.060, 68.075, 68.085, 5
20+68.205, 68.253, and 68.259, to read a s follows:6
21+ 68.010. 1. Every city or county which is situated 1
22+upon, or adjacent to, or which embraces within its 2
23+boundaries a navigable waterway, is hereby authorized to 3
24+form a local port authority, and upon approval of the 4
25+highways and transpor tation commission of the state of 5
26+Missouri, the port authority shall be a political 6
27+subdivision of this state. In every constitutional charter 7
28+city not within a county, a local "Port Authority" is 8
29+created by sections 68.010, 68.015, 68.025, 68.040, 68 .045, 9
30+68.060 and 68.070 and shall become a political subdivision 10
31+of this state September 28, 1975. 11
32+ 2. The highways and transportation commission of the 12
33+state of Missouri is hereby authorized to accept 13
34+applications, conduct hearings, and approve o r disapprove 14 SB 715 2
35+applications for approval of local or regional port 15
36+authorities as political subdivisions of this state, as 16
37+provided herein, but in determining the approval or 17
38+disapproval of such applications, the highways and 18
39+transportation commission s hall consider the following 19
40+criteria: 20
41+ (1) The population of any city and/or county 21
42+submitting the application; 22
43+ (2) The desirability and economic feasibility of 23
44+having more than a single port authority within the same 24
45+geographic area; 25
46+ (3) The technical and economic capability of 26
47+participating cities and/or counties, as well as private 27
48+interests, to plan and carry out port development within the 28
49+proposed district; 29
50+ (4) The amount of actual and potential river traffic 30
51+that would make use of any facilities developed by a port 31
52+authority; 32
53+ (5) The potential economic impact on the immediate 33
54+area from which the application originates; and 34
55+ (6) The potential impact on the economic development 35
56+of the entire state and how the proposed port authority's 36
57+developmental activities relate to any state plans. 37
58+Provided, however, any such application shall be granted if 38
59+it is made by a city or county of at least three hundred 39
60+thousand population, having a common boundary with the state 40
61+of Kansas, or by a group of cities or counties at least one 41
62+of which meets the aforesaid criteria, and if no proposed 42
63+boundary of the port authority described in such application 43
64+overlaps the boundary of any then existing port authority. 44 SB 715 3
65+ 3. No city shall create a port authority under 45
66+sections 68.010, 68.015, 68.025, 68.040, 68.045, 68.060 and 46
67+68.070 if said city is located within a county that has , 47
68+prior to the creation of said port authority by said city, 48
69+created a port authority which has received approval as a 49
70+political subdivision of this state under sections 68.010, 50
71+68.015, 68.025, 68.040, 68.045, 68.060 and 68.070. 51
72+ 68.015. 1. The legislative body, or county 1
73+commission, of each county or city creating a port a uthority 2
74+or any port authority created within said city pursuant to 3
75+section 68.010 hereof shall designate what areas within such 4
76+county or city shall comprise one or more port districts, 5
77+subject to the limitation that any area designated as within 6
78+a port district shall be or could be reasonably connected to 7
79+the business of a port. The boundaries of any port district 8
80+shall be filed with the clerk of the county commission, city 9
81+clerk, or clerk of the legislative or governing body of the 10
82+county as applicable and shall become effective upon 11
83+approval of the transportation commission. The legislative 12
84+body or county commission may from time to time enlarge or 13
85+reduce the area comprising any port district. Any change of 14
86+boundaries shall be submitted f or approval to the highways 15
87+and transportation commission and upon approval shall be 16
88+filed with the appropriate clerk and thereupon become 17
89+effective. In the event a port authority having been 18
90+created and approved as a political subdivision as provided 19
91+in section 68.010 thereafter purchases or leases real 20
92+property located within adjoining municipalities or states, 21
93+as applicable, such real property shall be deemed included 22
94+within the port district and the port authority shall be 23
95+empowered to exercis e its powers under section 68.025 with 24
96+respect to such real property, and any personal property 25 SB 715 4
97+located thereon, to the extent not otherwise precluded by 26
98+law. 27
99+ 2. The legislative body or county commission of any 28
100+county or city authorized to create a local port authority 29
101+may appropriate, allocate and expend such funds of the 30
102+county or city for the planning and development of a port 31
103+district as are reasonable and necessary to carry out the 32
104+provisions of this chapter. 33
105+ 68.025. 1. Every local and regional port authority, 1
106+approved as a political subdivision of the state, shall have 2
107+the following powers to: 3
108+ (1) Confer with any similar body created under laws of 4
109+this or any other state for the purpose of adopting a 5
110+comprehensive plan for the future development and 6
111+improvement of its port districts; 7
112+ (2) Consider and adopt detailed and comprehensive 8
113+plans for future development and improvement of its port 9
114+districts and to coordinate such plans with regional and 10
115+state programs; 11
116+ (3) Establish a port improvement district in 12
117+accordance with this chapter; 13
118+ (4) Carry out any of the projects enumerated in 14
119+subdivision (17) of section 68.205; 15
120+ (5) Within the boundaries of any established port 16
121+improvement district, to levy either a sales and use tax or 17
122+a real property tax, or both, for the purposes of paying any 18
123+part of the cost of a project benefitting property in a port 19
124+improvement district; except that no port improvement 20
125+district real property tax may be levied on any property, 21
126+real or personal, which is assessed pursuant to sections 22
127+151.010 to 151.340, unless such real property tax levy is 23
128+agreed to in writing by the property's owner; 24 SB 715 5
129+ (6) Pledge both revenues generated by any port 25
130+improvement district and any other port authority revenue 26
131+source to the repayment of any outstanding obligations; 27
132+ (7) Either jointly with a similar body, or separately, 28
133+recommend to the proper departments of the government of the 29
134+United States, or any state or subdivision thereof, or to 30
135+any other body, the carrying out of any public improvement 31
136+for the benefit of its port districts; 32
137+ (8) Provide for membership in any official, 33
138+industrial, commercial, or trade association, or any other 34
139+organization concerned with such purposes, for receptions of 35
140+officials or others as may contribute to the advancement of 36
141+its port districts and any industrial development therein, 37
142+and for such other public relations activities as will 38
143+promote the same, and such acti vities shall be considered a 39
144+public purpose; 40
145+ (9) Represent its port districts before all federal, 41
146+state and local agencies; 42
147+ (10) Cooperate with [other public agencies and with ] 43
148+industry, business, and labor , and other public or private 44
149+agencies, individuals, partnerships, and corporations, in 45
150+port district improvement matters; 46
151+ (11) Enter into any agreement with any other states, 47
152+agencies, authorities, commissions, municipalities, persons, 48
153+corporations, or the United States, to effec t any of the 49
154+provisions contained in this chapter; 50
155+ (12) Approve the construction of all wharves, piers, 51
156+bulkheads, jetties, or other structures; 52
157+ (13) Prevent or remove, or cause to be removed, 53
158+obstructions in harbor areas, including the remo val of 54
159+wrecks, wharves, piers, bulkheads, derelicts, jetties or 55
160+other structures endangering the health and general welfare 56 SB 715 6
161+of the port districts; in case of the sinking of a facility 57
162+from any cause, such facility or vessel shall be removed 58
163+from the harbor at the expense of its owner or agent so that 59
164+it shall not obstruct the harbor; 60
165+ (14) Recommend the relocation, change, or removal of 61
166+dock lines and shore or harbor lines; 62
167+ (15) Acquire, own, construct, redevelop, lease, 63
168+maintain, and conduct land reclamation and resource 64
169+recovery, including the removal of sand, rock, or gravel, 65
170+residential developments, commercial developments, mixed -use 66
171+developments, recreational facilities, industrial parks, 67
172+industrial facilities, and terminals, ter minal facilities, 68
173+warehouses and any other type port facility; 69
174+ (16) Acquire, own, lease, sell , mortgage, encumber, or 70
175+otherwise dispose of interest in and to real property and 71
176+improvements situate thereon and in personal property 72
177+necessary to fulfill the purposes of the port authority , 73
178+including, but not limited to, property in adjoining 74
179+municipalities and states ; 75
180+ (17) Acquire rights-of-way and property of any kind or 76
181+nature within its port districts necessary for its 77
182+purposes. Every port authority shall have the right and 78
183+power to acquire the same by purchase, negotiation, or by 79
184+condemnation, and should it elect to exercise the right of 80
185+eminent domain, condemnation proceedings shall be maintained 81
186+by and in the name of the port autho rity, and it may proceed 82
187+in the manner provided by the laws of this state for any 83
188+county or municipality. The power of eminent domain shall 84
189+not apply to property actively being used in relation to or 85
190+in conjunction with river trade or commerce, unless such use 86
191+is by a port authority pursuant to a lease in which event 87
192+the power of eminent domain shall apply; 88 SB 715 7
193+ (18) Contract and be contracted with, and to sue and 89
194+be sued; 90
195+ (19) Accept gifts, grants, loans or contributions from 91
196+the United States of America, the state of Missouri, 92
197+political subdivisions, municipalities, foundations, other 93
198+public or private agencies, [individual, partnership ] 94
199+individuals, partnerships, or corporations; 95
200+ (20) Employ such managerial, engineering, legal, 96
201+technical, clerical, accounting, advertising, stenographic, 97
202+and other assistance as it may deem advisable. The port 98
203+authority may also contract with independent contractors for 99
204+any of the foregoing assistance; 100
205+ (21) Improve navigable and nonnavigab le areas as 101
206+regulated by federal statute; 102
207+ (22) Disburse funds for its lawful activities and fix 103
208+salaries and wages of its employees; [and] 104
209+ (23) Adopt, alter or repeal its own bylaws, rules and 105
210+regulations governing the manner in which its bu siness may 106
211+be transacted; however, said bylaws, rules and regulations 107
212+shall not exceed the powers granted to the port authority by 108
213+this chapter; 109
214+ (24) Create and operate such agencies and departments 110
215+as may be deemed necessary or useful for the fu rtherance of 111
216+the port authority's purpose; and 112
217+ (25) Perform such other actions necessary or useful in 113
218+the exercise of those powers enumerated herein . 114
219+ 2. Without limiting any other powers granted to port 115
220+authorities by this section, every loc al or regional port 116
221+authority approved as a political subdivision of the state 117
222+and whose port district is located in whole or in part 118
223+within any home rule city with more than four hundred 119 SB 715 8
224+thousand inhabitants and located in more than one county, 120
225+shall have the additional powers to: 121
226+ (1) Establish park rangers. A port authority may 122
227+appoint and commission such park rangers as it may deem 123
228+advisable to assist the municipal police force in 124
229+maintaining order and preserving the peace within the 125
230+boundaries of any real property owned or leased by the port 126
231+authority within the state and on public streets within the 127
232+boundaries of or abutting any real property owned or leased 128
233+by the port authority within the state; provided, however, 129
234+that such park rangers shall have satisfactorily completed a 130
235+training course as prescribed by chapter 590 for peace 131
236+officers within the state or shall otherwise comply with the 132
237+requirements of chapter 590 for certification within the 133
238+time periods specified in that chap ter. Each park ranger 134
239+shall take and subscribe an oath of office to perform their 135
240+duties faithfully and impartially and shall be given a 136
241+certificate of commission as a park ranger granting to them 137
242+the power to carry a firearm, maintain order, preserve the 138
243+peace, issue citations, and make arrests for violations of 139
244+state statutes and municipal ordinances within their 140
245+jurisdiction. The municipal police force shall at all times 141
246+maintain primary jurisdiction, and nothing in this section 142
247+shall be construed to deprive, curtail, restrict, or 143
248+otherwise impair such municipal police force in the 144
249+performance of its duties; 145
250+ (2) Exercise those powers and duties under the 146
251+provisions of sections 99.010 to 99.230, sections 99.300 to 147
252+99.660, sections 100. 300 to 100.620, and sections 353.010 to 148
253+353.190. In exercising such powers and duties, the board of 149
254+port authority commissioners shall be empowered to act in 150
255+lieu of the governing bodies established by such sections, 151 SB 715 9
256+anything to the contrary therein n otwithstanding; provided, 152
257+however, that this subdivision shall not be construed as 153
258+delegating to any port authority the power or authority to 154
259+take any action expressly reserved to the governing body of 155
260+the municipality; and 156
261+ (3) Contract with any other port authority for the 157
262+purpose of providing administrative support and exercising, 158
263+on such port authority's behalf and in its name, the powers 159
264+delegated to port authorities by this chapter. 160
265+ 3. In implementing its powers, the port authority 161
266+shall have the power to enter into agreements with private 162
267+operators or public entities for the joint development, 163
268+redevelopment, and reclamation of property within a port 164
269+district or for other uses to fulfill the purposes of the 165
270+port authority. 166
271+ 68.035. 1. The state may make grants to a state port 1
272+fund, as appropriated by the general assembly, to be 2
273+allocated by the department of transportation to local port 3
274+authorities or regional port coordinating agencies. These 4
275+grants, administered on a nonmatching basis, could be used 5
276+for managerial, engineering, legal, research, promotion, 6
277+planning and any other expenses. 7
278+ 2. In addition the state may make capital improvement 8
279+matching grants contributing eighty percent of th e funds and 9
280+local port authorities contributing twenty percent of the 10
281+funds for specific undertakings of port development such as 11
282+land acquisitions, construction, terminal facility 12
283+development, port improvement projects, and other related 13
284+port facilities. Notwithstanding the foregoing, any 14
285+matching grants awarded by the Missouri highways and 15
286+transportation commission under the Port Capital Improvement 16
287+Program shall be transportation related. 17 SB 715 10
288+ 3. The grants provided herein may be used as the lo cal 18
289+share in applying for other grant programs. 19
290+ 4. In the event the general assembly includes within 20
291+any appropriation bill a designation of funds for a project 21
292+to be undertaken by a port authority, the department or 22
293+office of the state to whom t he appropriation is made shall 23
294+be empowered to advance the designated funds to the port 24
295+authority in the fiscal year in which the appropriation was 25
296+made in lieu of providing such funding on a reimbursement 26
297+basis, subject to such form of agreement as th e department 27
298+or office of the state shall reasonably require for purposes 28
299+of ensuring that the port authority is obligated to expend 29
300+the designated funds for their intended purpose and none 30
301+other, and further obligating the port authority to the 31
302+repayment of such designated funds in the event the port 32
303+authority fails to abide by the requirements thereof. 33
304+ 68.040. 1. Every local and regional port authority, 1
305+approved as a political subdivision of the state, may from 2
306+time to time issue its negotiable revenue bonds or notes in 3
307+such principal amounts as, in its opinion, shall be 4
308+necessary to provide sufficient funds for achieving its 5
309+purposes, including the construction of port facilities and 6
310+the financing of port improvement proje cts; establish 7
311+reserves to secure such bonds and notes; and make other 8
312+expenditures, incident and necessary to carry out its 9
313+purposes and powers. 10
314+ 2. This state shall not be liable on any notes or 11
315+bonds of any port authority. Any such notes or bo nds shall 12
316+not be a debt of the state and shall contain on the faces 13
317+thereof a statement to such effect ; provided, however, the 14
318+failure to include such statement on the faces thereof shall 15 SB 715 11
319+not invalidate the notes or bonds, nor render the state 16
320+liable on such notes or bonds . 17
321+ 3. No commissioner of any port authority or any 18
322+authorized person executing port authority notes or bonds 19
323+shall be liable personally on said notes or bonds or shall 20
324+be subject to any personal liability or accountability by 21
325+reason of the issuance thereof. 22
326+ 4. The notes and bonds of every port authority are 23
327+securities in which all public officers and bodies of this 24
328+state and all political subdivisions and municipalities, all 25
329+insurance companies and associations, and o ther persons 26
330+carrying on an insurance business, all banks, trust 27
331+companies, saving associations, savings and loan 28
332+associations, credit unions, investment companies, all 29
333+administrators, guardians, executors, trustees, and other 30
334+fiduciaries, and all oth er persons whatsoever, who now or 31
335+may hereafter be authorized to invest in notes and bonds or 32
336+other obligations of this state, may properly and legally 33
337+invest funds, including capital, in their control or 34
338+belonging to them. 35
339+ 5. No port authority shall be required to pay any 36
340+taxes or any assessments whatsoever to this state or to any 37
341+political subdivisions, municipality, or other governmental 38
342+agency of this state. The notes and bonds of every port 39
343+authority and the income therefrom shall, at al l times, be 40
344+exempt from any taxes and any assessments, except for death 41
345+and gift taxes and taxes on transfers. Additionally, the 42
346+leases of both real and personal property by or to any port 43
347+authority involving the issuance of bonds authorized under 44
348+this chapter shall be exempt from taxation. A port 45
349+authority issuing bonds under this chapter for incentivized 46
350+development shall require the developer of any project which 47 SB 715 12
351+is to be leased to such developer, or any other party, to 48
352+confer with the affecte d taxing authorities, and 49
353+subsequently contractually require the payment of such sums 50
354+as they may agree upon, or the port authority may elect to 51
355+require such sums to be allocated among such taxing 52
356+authorities on the same pro rata basis as are ad valore m 53
357+property tax revenues. 54
358+ 6. Every port authority shall have the powers and be 55
359+governed by the procedures now or hereafter conferred upon 56
360+or applicable to the environmental improvement authority, 57
361+chapter 260, relating to the manner of issuance of revenue 58
362+bonds and notes, and the port authority shall exercise all 59
363+such powers and adhere to all such procedures insofar as 60
364+they are consistent with the necessary and proper 61
365+undertaking of its purposes. 62
366+ 68.045. 1. Every local port authority shall be 1
367+administered by a board of port authority commissioners 2
368+which shall consist of at least seven members; provided, 3
369+however, that the number of members of one political party 4
370+shall not exceed the number of members of the other party by 5
371+more than one. Newly created port authorities as well as 6
372+those presently constituted shall structure the terms of 7
373+those commissioners so that no more than three members' 8
374+terms shall expire in any one year ; provided, however, each 9
375+member shall continu e to serve until their successor has 10
376+been appointed as provided herein . The legislative body or 11
377+county commission of the county or city creating the port 12
378+authority or in the case of a port authority created in this 13
379+act in a constitutional charter city not within a county, 14
380+the legislative body of that constitutional charter city 15
381+shall determine the method of appointment, and subject to 16
382+the limitations expressed in the first sentence of this 17 SB 715 13
383+section, shall determine their qualifications, salaries, 18
384+powers and duties consistent with the provisions of this 19
385+chapter; provided, however, in the event the legislative 20
386+body or county commission, as applicable, does not determine 21
387+such qualifications, salaries, powers, and duties prior to 22
388+appointment, the board of port authority commissioners may 23
389+elect to do so pursuant to its bylaws, consistent with the 24
390+provisions of this chapter . The legislative body or county 25
391+commission shall also provide for the filing of annual 26
392+reports by the board of port authority commissioners and for 27
393+periodic independent audits of the accounts of the port 28
394+authority. 29
395+ 2. A member of a board of port authority commissioners 30
396+shall be removed from office in such manner as is provided 31
397+for the appointment of members, as provide d in subsection 1 32
398+of this section, for malfeasance, willful neglect of duty, 33
399+or other cause after notice and public hearing, unless such 34
400+notice or hearing is expressly waived in writing. Removal 35
401+for any other reason, and the process to be undertaken i n 36
402+effecting such removal, shall be reserved to the board of 37
403+port authority commissioners and exercised as prescribed by 38
404+the bylaws. 39
405+ 68.055. 1. Every port authority shall let contracts 1
406+for all work to be done and for equipment, supp lies or 2
407+materials to be purchased. Excepting as otherwise provided 3
408+herein, such contracts shall be given to the [lowest 4
409+responsible bidder therefor, upon not less than twenty days' 5
410+notice of the letting, given by publication in a newspaper 6
411+of general circulation in the city or county creating the 7
412+port authority; and in the discretion of the commissioners, 8
413+in one or more newspapers of general circulation among 9
414+contractors. The port authority shall have the power and 10 SB 715 14
415+authority to reject any and all bids and to readvertise the 11
416+work or proposed purchase ] bidder or proposer whose bid or 12
417+proposal, when evaluated considering factors such as ability 13
418+to perform, timeliness, character and reputation, quality of 14
419+past performance, compliance with applicab le laws, quality 15
420+and availability, and ability to provide future maintenance 16
421+and services where applicable, is determined to be lowest 17
422+and best. 18
423+ 2. Every port authority may utilize such additional 19
424+procurement methods authorized by any provision o f state law 20
425+with respect to political subdivisions, or not otherwise 21
426+precluded by any provision of state law with respect to 22
427+political subdivisions, provided such non -precluded methods 23
428+are structured and implemented in a manner as to ensure an 24
429+open, transparent, competitive, and fair process. 25
430+Notwithstanding the foregoing, nothing in this section shall 26
431+be construed to authorize a port authority to utilize 27
432+anything other than a qualifications -based procurement 28
433+method with respect to professional ar chitecture or 29
434+engineering services in connection with the design, 30
435+construction, alteration, addition, remodeling, or 31
436+improvement of any public facility. 32
437+ 3. Notwithstanding the provisions of subsection 1 of 33
438+this section, every port authority may l et contracts in a 34
439+manner consistent with the procedures set forth in 24 CFR 35
440+Section 85.36, "Uniform Administrative Requirements for 36
441+Grants and Cooperative Agreements to State and Local 37
442+Government", as may be revised from time to time, regardless 38
443+of the source of funds for the procurement, except that if a 39
444+funding source mandates specific procedures for letting 40
445+contracts as a condition to receipt of funds which are 41
446+inconsistent with the procedures authorized in this section 42 SB 715 15
447+for letting contracts, a port authority may use such 43
448+procedures required by the funding source. 44
449+ [3.] 4. Notwithstanding the provisions of subsection 45
450+[2] 3 of this section, the dollar limit of procurements 46
451+which may, pursuant to subsection [2] 3 of this section, be 47
452+accomplished using "small purchase procedures", shall, for 48
453+the purposes of procurements to be paid for with funds other 49
454+than federal funds, adjust annually based on the rate of 50
455+inflation according to the Consumer Price Index, commencing 51
456+in 1995. 52
457+ 68.057. Any expenditure made by a port authority [, as 1
458+defined in section 68.205, ] that is over [twenty-five] fifty 2
459+thousand dollars, including professional service contracts, 3
460+shall be competitively [bid] procured. Contracts shall be 4
461+awarded upon not less than twenty days' notice of the 5
462+letting, given by publication in a newspaper of general 6
463+circulation in the city or county creating the port 7
464+authority; and in the discretion of the commissioners, in 8
465+one or more newspapers of general circulat ion among 9
466+contractors. The port authority shall have the power and 10
467+authority to reject any and all bids or proposals and to 11
468+readvertise the work or proposed purchase . 12
469+ 68.060. 1. Any combination of cities and counties 1
470+that do not currently have local port authorities approved 2
471+by the highways and transportation commission of the state 3
472+of Missouri but which are individually eligible to form 4
473+local port authorities, and [cities and counties with ] the 5
474+boards of existing local port au thorities, are authorized to 6
475+directly apply to the highways and transportation commission 7
476+of the state for approval of a regional port authority as a 8
477+political subdivision of the state. 9 SB 715 16
478+ 2. The boards of existing local port authorities and 10
479+the legislative bodies or county commissions of cities or 11
480+counties desiring to form a regional port authority are 12
481+hereby authorized to enter into contractual agreements with 13
482+each other for the purpose of creating within each 14
483+jurisdiction regional port distric ts administered by the 15
484+regional port authority. All terms and provisions of said 16
485+contractual agreements shall be consistent with the 17
486+provisions of this chapter. The contractual agreement shall 18
487+be filed in the office of county clerk, city clerk or cle rk 19
488+of the county council of each party to the agreement. 20
489+ 3. The boundaries of any regional port district, and 21
490+the number, method of appointment, terms, qualifications, 22
491+salaries, powers and duties of a regional board of 23
492+commissioners shall be fixe d by the contractual agreement; 24
493+provided, however, that any contractual agreement shall not 25
494+become effective until it has been submitted to and approved 26
495+by: 27
496+ (1) All of the legislative bodies or county 28
497+commissions entering into said contractual ag reement, with 29
498+respect to those cities and counties not currently having 30
499+local port authorities approved by the highways and 31
500+transportation commission of the state of Missouri; and 32
501+ (2) The boards of the existing port authorities 33
502+entering into said contractual agreement . 34
503+ 4. The port districts to be included within the 35
504+regional port authority need not be contiguous, adjacent, or 36
505+abutting. 37
506+ 5. Any local port authority is authorized to contract 38
507+with an existing regional port authority for inclusion in 39
508+the regional port authority. The contractual agreement 40
509+shall be formulated by the terms and procedures expressed in 41 SB 715 17
510+subsections 2 and 3 of this section. Approval of the 42
511+highways and transportation commission shall be required to 43
512+make the annexation effective. 44
513+ 6. Any local port authority established by a city or 45
514+county, that subsequently enters into a contractual 46
515+agreement and is approved as part of a regional port 47
516+authority, is dissolved as of the date that the annexation 48
517+is approved by the highways and transportation commission of 49
518+the state. On said date, all funds and other assets of the 50
519+local port authority shall be transferred to the regional 51
520+port authority. The regional port authority shall 52
521+faithfully perform all exi sting contracts and assume all 53
522+legal obligations of the local port authority. 54
523+ 68.075. 1. This section shall be known and may be 1
524+cited as the "Advanced Industrial Manufacturing Zones Act". 2
525+ 2. As used in this section, the followi ng terms shall 3
526+mean: 4
527+ (1) "AIM zone", an area identified through a 5
528+resolution passed by the port authority board of 6
529+commissioners appointed under section 68.045 that is being 7
530+developed or redeveloped for any purpose so long as any 8
531+infrastructure and building built or improved is in the 9
532+development area. The port authority board of commissioners 10
533+shall file an annual report indicating the established AIM 11
534+zones with the department of revenue; 12
535+ (2) "County average wage", the average wage in e ach 13
536+county as determined by the Missouri department of economic 14
537+development for the most recently completed full calendar 15
538+year. However, if the computed county average wage is above 16
539+the statewide average wage, the statewide average wage shall 17
540+be deemed the county average wage for such county for the 18
541+purpose of determining eligibility; 19 SB 715 18
542+ (3) "New job", the number of full -time employees 20
543+located at the project facility that exceeds the project 21
544+facility base employment less any decrease in the numb er of 22
545+full-time employees at related facilities below the related 23
546+facility base employment. No job that was created prior to 24
547+the date of the notice of intent shall be deemed a new job ; 25
548+provided, however, any job determined by the department of 26
549+economic development to be eligible for retention of 27
550+withholding tax under the Missouri works program, sections 28
551+620.2000 to 620.2020, shall be deemed a new job for purposes 29
552+of this section, notwithstanding that it may have been 30
553+created prior to the date of t he notice of intent. An 31
554+employee that spends less than fifty percent of the 32
555+employee's work time at the facility is still considered to 33
556+be located at a facility if the employee receives his or her 34
557+directions and control from that facility, is on the 35
558+facility's payroll, one hundred percent of the employee's 36
559+income from such employment is Missouri income, and the 37
560+employee is paid at or above the county average wage; 38
561+ (4) "Related facility", a facility operated by a 39
562+company or a related company p rior to the establishment of 40
563+the AIM zone in question located within any port district, 41
564+as defined under section 68.015, which is directly related 42
565+to the operations of the facility within the new AIM zone. 43
566+ 3. Any port authority located in this sta te may 44
567+establish an AIM zone. Such zone may only include the area 45
568+within the port authority's jurisdiction, ownership, or 46
569+control, and may include any such area. The port authority 47
570+shall determine the boundaries for each AIM zone, and more 48
571+than one AIM zone may exist within the port authority's 49
572+jurisdiction or under the port authority's ownership or 50 SB 715 19
573+control, and may be expanded or contracted by resolution of 51
574+the port authority board of commissioners. 52
575+ 4. Fifty percent of the state tax withhol dings imposed 53
576+by sections 143.191 to 143.265 on new jobs within such zone 54
577+after development or redevelopment has commenced shall not 55
578+be remitted to the general revenue fund of the state of 56
579+Missouri. Such moneys shall be deposited into the port 57
580+authority AIM zone fund established under subsection 5 of 58
581+this section for the purpose of continuing to expand, 59
582+develop, and redevelop AIM zones identified by the port 60
583+authority board of commissioners and may be used for 61
584+managerial, engineering, legal, resea rch, promotion, 62
585+planning, satisfaction of bonds issued under section 68.040, 63
586+and any other expenses. 64
587+ 5. There is hereby created in the state treasury the 65
588+"Port Authority AIM Zone Fund", which shall consist of money 66
589+collected under this section. The state treasurer shall be 67
590+custodian of the fund and shall approve disbursements from 68
591+the fund in accordance with sections 30.170 and 30.180 to 69
592+the port authorities from which the funds were collected, 70
593+less the pro-rata portion appropriated by the ge neral 71
594+assembly to be used solely for the administration of this 72
595+section which shall not exceed ten percent of the total 73
596+amount collected within the zones of a port authority. 74
597+Notwithstanding the provisions of section 33.080 to the 75
598+contrary, any moneys remaining in the fund at the end of the 76
599+biennium shall not revert to the credit of the general 77
600+revenue fund. The state treasurer shall invest moneys in 78
601+the fund in the same manner as other funds are invested. 79
602+Any interest and moneys earned on such investments shall be 80
603+credited to the fund. 81 SB 715 20
604+ 6. The port authority shall approve any projects that 82
605+begin construction and disperse any money collected under 83
606+this section. The port authority shall submit an annual 84
607+budget for the funds to the depart ment of economic 85
608+development explaining how and when such money will be spent. 86
609+ 7. The provision of section 23.253 notwithstanding, no 87
610+AIM zone may be established after August 28, 2030. Any AIM 88
611+zone created prior to that date shall continue to exi st and 89
612+be coterminous with the retirement of all debts incurred 90
613+under subsection 4 of this section. No debts may be 91
614+incurred or reauthorized using AIM zone revenue after August 92
615+28, 2030. 93
616+ 68.085. 1. Records and documents submitted to a local 1
617+or regional port authority and pertaining to a business 2
618+prospect the port authority is currently negotiating may be 3
619+deemed a closed record as such term is defined in section 4
620+610.010. 5
621+ 2. Records and documents deemed a closed record unde r 6
622+section 620.014 and which are disclosed, in whole or in 7
623+part, to a local or regional port authority evaluating the 8
624+provision of assistance under this chapter shall not lose 9
625+their status as closed records by virtue of such disclosure. 10
626+ 68.205. As used in sections 68.200 to 68.260, unless 1
627+the context clearly requires otherwise, the following terms 2
628+shall mean: 3
629+ (1) "Act", the port improvement district act, sections 4
630+68.200 to 68.260; 5
631+ (2) "Approval", for purposes of electio ns pursuant to 6
632+this act, a simple majority of those qualified voters 7
633+casting votes in any election; 8 SB 715 21
634+ (3) "Board", the board of port authority commissioners 9
635+for the particular port authority that desires to establish 10
636+or has established a district; 11
637+ (4) "Consent", the written acknowledgment and approval 12
638+of the creation of the district by: 13
639+ (a) Owners of real property collectively owning more 14
640+than [sixty] fifty percent by assessed value of real 15
641+property within the boundaries of the propos ed port 16
642+improvement district; and 17
643+ (b) More than [sixty] fifty percent per capita of the 18
644+owners of all real property within the boundaries of the 19
645+proposed port improvement district; 20
646+ (5) "Director of revenue", the director of the 21
647+department of revenue of the state of Missouri; 22
648+ (6) "Disposal of solid waste or sewage", the entire 23
649+process of storage, collection, transportation, processing, 24
650+and disposal of solid wastes or sewage; 25
651+ (7) "District" or "port improvement district", an area 26
652+designated by the port authority which is located within its 27
653+port district boundaries at the time of establishment; 28
654+ (8) "Election authority", the election authority 29
655+having jurisdiction over the area in which the boundaries of 30
656+the district are located under chapter 115; 31
657+ (9) "Energy conservation", the reduction of energy 32
658+consumption; 33
659+ (10) "Energy efficiency", the increased productivity 34
660+or effectiveness of the use of energy resources, the 35
661+reduction of energy consumption, or the use of renewable 36
662+energy sources; 37
663+ (11) "Obligations", revenue bonds and notes issued for 38
664+the repayment of any money obtained by a port authority from 39
665+any public or private source along with any associated 40 SB 715 22
666+financing costs, including, but not limited to, the costs of 41
667+issuance, capitalized interest, and debt service; 42
668+ (12) "Owner", the individual or individuals or entity 43
669+or entities who own a fee interest in real property that is 44
670+located within the boundaries of a district based upon the 45
671+recorded real estate records of the county recorder, or the 46
672+city recorder of deeds if the district is located in a city 47
673+not within a county, as of the thirtieth day prior to any 48
674+action; 49
675+ (13) "Petition", a petition to establish a port 50
676+improvement district w ithin the port district boundaries or 51
677+a petition to make a substantial change to an existing 52
678+district; 53
679+ (14) "Pollution", the existence of any noxious 54
680+substance in the air or waters or on the lands of the state 55
681+in sufficient quantity and of such a mounts, characteristics, 56
682+and duration as to injure or harm the public health or 57
683+welfare or animal life or property; 58
684+ (15) "Port authority", a political subdivision 59
685+established pursuant to this chapter; 60
686+ (16) "Port district boundaries", the bou ndaries of any 61
687+port authority on file with the clerk of the county 62
688+commission, city clerk, or clerk of the legislative or 63
689+governing body of the county as applicable, which became 64
690+effective upon approval by the Missouri highways and 65
691+transportation commission; 66
692+ (17) "Project" or "port improvement project", with 67
693+respect to any property within a port improvement district, 68
694+or benefitting property within a port improvement district: 69
695+ (a) Providing for, or contracting for the provision 70
696+of, environmental cleanup, including the disposal of solid 71 SB 715 23
697+waste, services to brownfields, or other polluted real 72
698+property; 73
699+ (b) Providing for, or contracting for the provision 74
700+of, energy conservation or increased energy efficiency 75
701+within any building, stru cture, or facility; 76
702+ (c) Providing for, or contracting for the provision 77
703+of, wetland creation, preservation, or relocation; 78
704+ (d) The construction of any building, structure, 79
705+infrastructure, fixture, or facility determined by the port 80
706+authority as essential in developing energy resources, 81
707+preventing, reducing, or eliminating pollution, or providing 82
708+water facilities or the disposal of solid waste; 83
709+ (e) Modifications to, or the relocation of, any 84
710+existing building, structure, infrastructur e, fixture, or 85
711+facility that has been acquired or constructed, or which is 86
712+to be acquired or constructed for the purpose of developing 87
713+energy resources, preventing, reducing, or eliminating 88
714+pollution, or providing water facilities or the disposal of 89
715+solid waste; 90
716+ (f) The acquisition, clearing, and grading of real 91
717+property and the acquisition of other property and 92
718+improvements, or rights and interest therein, which are 93
719+determined by the port authority to be significant in, or in 94
720+the furtherance of, the history, architecture, archeology, 95
721+or culture of the United States, the state of Missouri, or 96
722+its political subdivisions; 97
723+ (g) The operation, maintenance, repair, 98
724+rehabilitation, or reconstruction of any existing public or 99
725+private building, structure, infrastructure, fixture, or 100
726+facility determined by the port authority to be significant 101
727+in, or in the furtherance of, the history, architecture, 102 SB 715 24
728+archeology, or culture of the United States, the state of 103
729+Missouri, or its political subdivis ions; 104
730+ (h) The construction of any new building, structure, 105
731+infrastructure, fixture, or facility that is determined by 106
732+the port authority to be significant in, or in the 107
733+furtherance of, the history, architecture, archeology, or 108
734+culture of the United States, the state of Missouri, or its 109
735+political subdivisions; 110
736+ (i) Providing for any project determined to be 111
737+significant in or in furtherance of the purpose of a port 112
738+authority as provided in section 68.020; 113
739+ (18) "Qualified project costs" , include any and all 114
740+reasonable costs incurred or estimated to be incurred by a 115
741+port authority, or a person or entity authorized by a port 116
742+authority, in furtherance of a port improvement project, 117
743+which costs may include, but are not limited to: 118
744+ (a) Costs of studies, plans, surveys, and 119
745+specifications; 120
746+ (b) Professional service costs, including, but not 121
747+limited to, architectural, engineering, legal, research, 122
748+marketing, financial, planning, consulting, and special 123
749+services, including prof essional service costs necessary or 124
750+incident to determining the feasibility or practicability of 125
751+any project and carrying out the same; 126
752+ (c) Administrative fees and costs of a port authority 127
753+in carrying out any of the purposes of this act; 128
754+ (d) Property assembly costs, including, but not 129
755+limited to, acquisition of land and other property and 130
756+improvements, real or personal, or rights or interests 131
757+therein, demolition of buildings and structures, and the 132
758+clearing or grading of land, machinery, and equipment 133 SB 715 25
759+relating to any project, including the cost of demolishing 134
760+or removing any existing structures; 135
761+ (e) Costs of operating, rehabilitating, 136
762+reconstructing, maintaining, and repairing existing 137
763+buildings, structures, infrastructure, faci lities, or 138
764+fixtures; 139
765+ (f) Costs of constructing new buildings, structures, 140
766+infrastructure, facilities, or fixtures; 141
767+ (g) Costs of constructing, operating, rehabilitating, 142
768+reconstructing, maintaining, repairing or removing public 143
769+works or improvements; 144
770+ (h) Financing costs, including, but not limited to, 145
771+all necessary and incidental expenses related to the port 146
772+authority's issuance of obligations, which may include 147
773+capitalized interest on any such obligations and reasonable 148
774+reserves related to any such obligations; 149
775+ (i) All or a portion of the port authority's capital 150
776+costs resulting from a port improvement project necessarily 151
777+incurred or to be incurred in furtherance of a port 152
778+improvement project, to the extent the port authori ty 153
779+accepts and approves such costs; and 154
780+ (j) Relocation costs, to the extent that a port 155
781+authority determines that relocation costs shall be paid, or 156
782+are required to be paid, by federal or state law; 157
783+ (19) "Qualified voters", for the purposes of an 158
784+election for the approval of a real property tax or a sales 159
785+and use tax: 160
786+ (a) Registered voters residing within the district; or 161
787+ (b) If no registered voters reside within the 162
788+district, the owners of one or more parcels of real property 163
789+within the district which would be subject to such real 164
790+property taxes or sales and use taxes, as applicable, based 165 SB 715 26
791+upon the recorded real estate records of the county 166
792+recorder, or the city recorder of deeds if the district is 167
793+located in a city not wi thin a county, as of the thirtieth 168
794+day prior to the date of the applicable election; 169
795+ (20) "Registered voters", persons who reside within 170
796+the district and who are qualified and registered to vote 171
797+pursuant to chapter 115 as determined by the electio n 172
798+authority as of the thirtieth day prior to the date of the 173
799+applicable election; 174
800+ (21) "Respondent", unless the port authority is the 175
801+owner of all real property within the proposed district, the 176
802+municipality or municipalities within which the pro posed 177
803+district is located, the county or counties within which the 178
804+proposed district is located, the Missouri highways and 179
805+transportation commission when the proposed district shall 180
806+be within the highways of the state of Missouri, and any 181
807+other political subdivision within the boundaries of the 182
808+proposed port improvement district, except the petitioning 183
809+port authority; 184
810+ (22) "Revenues", all rents, revenues from any levied 185
811+real property tax and sales and use tax, charges and other 186
812+income received by a port authority in connection with any 187
813+project, including any gift, grant, loan, or appropriation 188
814+received by the port authority with respect thereto; 189
815+ (23) "Substantial changes", with respect to an 190
816+established port improvement district, the addition or 191
817+removal of real property to or from the port improvement 192
818+district and any changes to the approved district funding 193
819+mechanism; [and] 194
820+ (24) "Taxpayer", a person or owner of real property 195
821+within the proposed district who would pay any rea l estate 196
822+or use tax as a result of the district establishment; 197 SB 715 27
823+ (25) "Water facilities", any facilities for the 198
824+furnishing and treatment of water for industrial, 199
825+commercial, agricultural, or community purposes including, 200
826+but not limited to, wells, reservoirs, dams, pumping 201
827+stations, water lines, sewer lines, treatment plants, 202
828+stabilization ponds, storm sewers, storm water detention and 203
829+retention facilities, and related equipment and machinery. 204
830+ 68.253. Notwithstanding any prov ision of sections 1
831+68.200 to 68.260 to the contrary, in the event that the port 2
832+authority is the owner of all the real property within the 3
833+proposed district or existing district for which a 4
834+substantial change has been proposed, or, one hundred 5
835+percent per capita of the owners of all the real property 6
836+within the proposed district or existing district for which 7
837+a substantial change has been proposed have consented in 8
838+writing to the creation of the proposed district or 9
839+substantial change, consideration of the petition by the 10
840+circuit court shall not be required. In such event, 11
841+certification of any question with respect to any tax 12
842+proposed to be levied or modified shall be made by the board 13
843+of port authority commissioners and thereafter provided to 14
844+the election authority as otherwise provided by section 15
845+68.250. 16
846+ 68.259. Notwithstanding the provisions of section 1
847+1.140 to the contrary, the provisions of [sections 68.025, 2
848+68.035, 68.040, 68.057, 68.070, 68.200, 68.205, 68.210, 3
849+68.215, 68.220, 68.225, 68.230, 68.235, 68.240, 68.245, 4
850+68.250, 68.255, and 68.260 as contained in this act ] this 5
851+chapter shall be severable, and if any provision is for any 6
852+reason held to be invalid, such decision shall not 7
853+invalidate any of the remainin g provisions of [sections 8
854+68.025, 68.035, 68.040, 68.057, 68.070, 68.200, 68.205, 9 SB 715 28
855+68.210, 68.215, 68.220, 68.225, 68.230, 68.235, 68.240, 10
856+68.245, 68.250, 68.255, and 68.260 as contained in this act ] 11
857+this chapter. 12
858+