EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 782 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR ROBERTS. 3116S.01I KRISTINA MARTIN, Secretary AN ACT To repeal sections 67.1401 and 67.1461, RSMo, and section 67.1421 as enacted by house bill no. 1606, one hundred first general assembly, second regular session, and section 67.1421 as enacted by senate bills nos. 153 & 97, one hundred first general assembly, first regular session, and to enact in lieu thereof four new sections relating to community improvement districts. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 67.1401 and 67.1461, RSMo, and section 1 67.1421 as enacted by house bill no. 1606, one hundred first 2 general assembly, second regular session, and section 67.1421 3 as enacted by senate bills nos. 153 & 97, one hundred first 4 general assembly, first regular session, are repealed and four 5 new sections enacted in lieu thereof, to be known as sections 6 67.1401, 67.1421, 67.1461, and 67.1535, to read as follows:7 67.1401. 1. Sections 67.1401 to 67.1571 shall be 1 known and may be cited as the "Community Improvement 2 District Act". 3 2. For the purposes of sections 67.1401 to 67.1571, 4 the following words and terms mean: 5 (1) "Approval" or "approve", for purposes of elections 6 pursuant to sections 67.1401 to 67.1571, a simple majority 7 of those qualified voters voting in the election; 8 (2) "Assessed value", the assessed value of real 9 property as reflected on the tax records of the county clerk 10 of the county in which the property is located, or the 11 SB 782 2 collector of revenue if the property is located in a city 12 not within a county, as of the last completed assessment; 13 (3) "Blighted area", the same meaning as defined 14 pursuant to section 99.805; 15 (4) "Board", if the district is a political 16 subdivision, the board of directors of the district, or if 17 the district is a not-for-profit corporation, the board of 18 directors of such corporation; 19 (5) "Director of revenue", the director of the 20 department of revenue of the state of Missouri; 21 (6) "District", a community improvement district, 22 established pursuant to sections 67.1401 to 67.1571; 23 (7) "Election authority", the election authority 24 having jurisdiction over the area in which the boundaries of 25 the district are located pursuant to chapter 115; 26 (8) "Entertainment district", an area located in any 27 city not within a county, within the area locally known as 28 the city's downtown or central business district, which 29 contains a minimum of one hundred acres and a combination of 30 entertainment venues, including, but not limited to, arenas, 31 amusement centers, auditoriums, athletic facilities, bars, 32 hotels, concert halls, convention facilities, music venues, 33 nightclubs, restaurants, and other entertainment facilities; 34 (9) "Municipal clerk", the clerk of the municipality; 35 [(9)] (10) "Municipality", any city, village, 36 incorporated town, or county of this state, or in any 37 unincorporated area that is located in any county with a 38 charter form of government and with more than one million 39 inhabitants; 40 [(10)] (11) "Obligations", bonds, loans, debentures, 41 notes, special certificates, or other evidences of 42 indebtedness issued by a district to carry out any of its 43 SB 782 3 powers, duties or purposes or to refund outstanding 44 obligations; 45 [(11)] (12) "Owner", for real property, the individual 46 or individuals or entity or entities who own a fee interest 47 in real property that is located within the district or 48 their legally authorized representative; for business 49 organizations and other entities, the owner shall be deemed 50 to be the individual which is legally authorized to 51 represent the entity in regard to the district; 52 [(12)] (13) "Per capita", one head count applied to 53 each individual, entity or group of individuals or entities 54 having fee ownership of real property within the district 55 whether such individual, entity or group owns one or more 56 parcels of real property in the district as joint tenants, 57 tenants in common, tenants by the entirety, tenants in 58 partnership, except that with respect to a condominium 59 created under sections 448.1-101 to 448.4-120, "per capita" 60 means one head count applied to the applicable unit owners' 61 association and not to each unit owner; 62 [(13)] (14) "Petition", a petition to establish a 63 district as it may be amended in accordance with the 64 requirements of section 67.1421; 65 [(14)] (15) "Qualified voters", 66 (a) For purposes of elections for approval of real 67 property taxes: 68 a. Registered voters; or 69 b. If no registered voters reside in the district, the 70 owners of one or more parcels of real property which is to 71 be subject to such real property taxes and is located within 72 the district per the tax records for real property of the 73 county clerk, or the collector of revenue if the district is 74 SB 782 4 located in a city not within a county, as of the thirtieth 75 day prior to the date of the applicable election; 76 (b) For purposes of elections for approval of business 77 license taxes or sales taxes: 78 a. Registered voters; or 79 b. If no registered voters reside in the district, the 80 owners of one or more parcels of real property located 81 within the district per the tax records for real property of 82 the county clerk as of the thirtieth day before the date of 83 the applicable election; and 84 (c) For purposes of the election of directors of the 85 board, registered voters and owners of real property which 86 is not exempt from assessment or levy of taxes by the 87 district and which is located within the district per the 88 tax records for real property of the county clerk, or the 89 collector of revenue if the district is located in a city 90 not within a county, of the thirtieth day prior to the date 91 of the applicable election; and 92 [(15)] (16) "Registered voters", persons who reside 93 within the district and who are qualified and registered to 94 vote pursuant to chapter 115, pursuant to the records of the 95 election authority as of the thirtieth day prior to the date 96 of the applicable election. 97 [67.1421. 1. Upon receipt of a proper 1 petition filed with its municipal clerk, the 2 governing body of the municipality in which the 3 proposed district is located shall hold a public 4 hearing in accordance with section 67.1431 and 5 may adopt an ordinance to establish the proposed 6 district. 7 2. A petition is proper if, based on the 8 tax records of the county clerk, or the 9 collector of revenue if the district is located 10 in a city not within a county, as of the time of 11 SB 782 5 filing the petition with the municipal clerk, it 12 meets the following requirements: 13 (1) It has been signed by property owners 14 collectively owning more than fifty percent by 15 assessed value of the real property within the 16 boundaries of the proposed district; 17 (2) It has been signed by more than fifty 18 percent per capita of all owners of real 19 property within the boundaries of the proposed 20 district; and 21 (3) It contains the following information: 22 (a) The legal description of the proposed 23 district, including a map illustrating the 24 district boundaries; 25 (b) The name of the proposed district; 26 (c) A notice that the signatures of the 27 signers may not be withdrawn later than seven 28 days after the petition is filed with the 29 municipal clerk; 30 (d) A five-year plan stating a description 31 of the purposes of the proposed district, the 32 services it will provide, each improvement it 33 will make from the list of allowable 34 improvements under section 67.1461, an estimate 35 of the costs of these services and improvements 36 to be incurred, the anticipated sources of funds 37 to pay the costs, and the anticipated term of 38 the sources of funds to pay the costs; 39 (e) A statement as to whether the district 40 will be a political subdivision or a not-for- 41 profit corporation and if it is to be a not-for- 42 profit corporation, the name of the not-for- 43 profit corporation; 44 (f) If the district is to be a political 45 subdivision, a statement as to whether the 46 district will be governed by a board elected by 47 the district or whether the board will be 48 appointed by the municipality, and, if the board 49 is to be elected by the district, the names and 50 terms of the initial board may be stated; 51 (g) If the district is to be a political 52 subdivision, the number of directors to serve on 53 the board; 54 SB 782 6 (h) The total assessed value of all real 55 property within the proposed district; 56 (i) A statement as to whether the 57 petitioners are seeking a determination that the 58 proposed district, or any legally described 59 portion thereof, is a blighted area; 60 (j) The proposed length of time for the 61 existence of the district, which in the case of 62 districts established after August 28, 2021, 63 shall not exceed twenty-seven years from the 64 adoption of the ordinance establishing the 65 district unless the municipality extends the 66 length of time under section 67.1481; 67 (k) The maximum rates of real property 68 taxes, and, business license taxes in the county 69 seat of a county of the first classification 70 without a charter form of government containing 71 a population of at least two hundred thousand, 72 that may be submitted to the qualified voters 73 for approval; 74 (l) The maximum rates of special 75 assessments and respective methods of assessment 76 that may be proposed by petition; 77 (m) The limitations, if any, on the 78 borrowing capacity of the district; 79 (n) The limitations, if any, on the 80 revenue generation of the district; 81 (o) Other limitations, if any, on the 82 powers of the district; 83 (p) A request that the district be 84 established; and 85 (q) Any other items the petitioners deem 86 appropriate; 87 (4) The signature block for each real 88 property owner signing the petition shall be in 89 substantially the following form and contain the 90 following information: 91 92 Name of owner: ______ 93 94 Owner's telephone number and mailing address: ______ 95 If signer is different from owner: 96 Name of signer: ______ SB 782 7 (5) Alternatively, the governing body of 132 any home rule city with more than four hundred 133 thousand inhabitants and located in more than 134 one county may file a petition to initiate the 135 process to establish a district in the portion 136 of the city located in any county of the first 137 97 98 State basis of legal authority to sign: ______ 99 100 Signer's telephone number and mailing address: ______ 101 102 If the owner is an individual, state if owner is single or married: _____ 103 104 If owner is not an individual, state what type of entity: ______ 105 106 107 Map and parcel number and assessed value of each tract of real property within the proposed district owned: ______ 108 109 110 111 112 By executing this petition, the undersigned represents and warrants that he or she is authorized to execute this petition on behalf of the property owner named immediately above 113 114 ______________ ____ ______________ ____ 115 116 Signature of person Date 117 118 signing for owner 119 STATE OF MISSOURI ) 120 ) ss. 121 COUNTY OF ______ ) 122 123 124 125 Before me personally appeared ______, to me personally known to be the individual described in and who executed the foregoing instrument. 126 127 WITNESS my hand and official seal this ______ day of ______ (month), ______ (year). 128 129 _____________________ ________ 130 Notary Public 131 My Commission Expires: ______ ; and SB 782 8 classification with more than two hundred 138 thousand but fewer than two hundred sixty 139 thousand inhabitants containing the information 140 required in subdivision (3) of this subsection; 141 provided that the only funding methods for the 142 services and improvements will be a real 143 property tax. 144 3. Upon receipt of a petition the 145 municipal clerk shall, within a reasonable time 146 not to exceed ninety days after receipt of the 147 petition, review and determine whether the 148 petition substantially complies with the 149 requirements of subsection 2 of this section. In 150 the event the municipal clerk receives a 151 petition which does not meet the requirements of 152 subsection 2 of this section, the municipal 153 clerk shall, within a reasonable time, return 154 the petition to the submitting party by hand 155 delivery, first class mail, postage prepaid or 156 other efficient means of return and shall 157 specify which requirements have not been met. 158 4. After the close of the public hearing 159 required pursuant to subsection 1 of this 160 section, the governing body of the municipality 161 may adopt an ordinance approving the petition 162 and establishing a district as set forth in the 163 petition and may determine, if requested in the 164 petition, whether the district, or any legally 165 described portion thereof, constitutes a 166 blighted area. If the petition was filed by the 167 governing body of a municipality pursuant to 168 subdivision (5) of subsection 2 of this section, 169 after the close of the public hearing required 170 pursuant to subsection 1 of this section, the 171 petition may be approved by the governing body 172 and an election shall be called pursuant to 173 section 67.1422. 174 5. Amendments to a petition may be made 175 which do not change the proposed boundaries of 176 the proposed district if an amended petition 177 meeting the requirements of subsection 2 of this 178 section is filed with the municipal clerk at the 179 following times and the following requirements 180 have been met: 181 SB 782 9 (1) At any time prior to the close of the 182 public hearing required pursuant to subsection 1 183 of this section; provided that, notice of the 184 contents of the amended petition is given at the 185 public hearing; 186 (2) At any time after the public hearing 187 and prior to the adoption of an ordinance 188 establishing the proposed district; provided 189 that, notice of the amendments to the petition 190 is given by publishing the notice in a newspaper 191 of general circulation within the municipality 192 and by sending the notice via registered 193 certified United States mail with a return 194 receipt attached to the address of record of 195 each owner of record of real property within the 196 boundaries of the proposed district per the tax 197 records of the county clerk, or the collector of 198 revenue if the district is located in a city not 199 within a county. Such notice shall be published 200 and mailed not less than ten days prior to the 201 adoption of the ordinance establishing the 202 district. Such notice shall also be sent to the 203 Missouri department of revenue, which shall 204 publish such notice on its website; 205 (3) At any time after the adoption of any 206 ordinance establishing the district a public 207 hearing on the amended petition is held and 208 notice of the public hearing is given in the 209 manner provided in section 67.1431 and the 210 governing body of the municipality in which the 211 district is located adopts an ordinance 212 approving the amended petition after the public 213 hearing is held. 214 6. Upon the creation of a district, the 215 municipal clerk shall report in writing the 216 creation of such district to the Missouri 217 department of economic development and the state 218 auditor. 219 7. (1) The governing body of the 220 municipality or county establishing a district 221 or the governing body of such district shall, as 222 soon as is practicable, submit the following 223 information to the state auditor and the 224 department of revenue: 225 SB 782 10 (a) A description of the boundaries of 226 such district as well as the rate of property 227 tax or sales tax levied in such district; 228 (b) Any amendments made to the boundaries 229 of a district or the tax rates levied in such 230 district; and 231 (c) The date on which the district is to 232 expire unless sooner terminated. 233 (2) The governing body of a community 234 improvement district established on or after 235 August 28, 2022, shall not order any assessment 236 to be made on any real property located within a 237 district and shall not levy any property or 238 sales tax until the information required by 239 paragraph (a) of subdivision (1) of this 240 subsection has been submitted.] 241 67.1421. 1. Upon receipt of a proper petition filed 1 with its municipal clerk, the governing body of the 2 municipality in which the proposed district is located shall 3 hold a public hearing in accordance with section 67.1431 and 4 may adopt an ordinance to establish the proposed district. 5 2. A petition is proper if, based on the tax records 6 of the county clerk, or the collector of revenue if the 7 district is located in a city not within a county, as of the 8 time of filing the petition with the municipal clerk, it 9 meets the following requirements: 10 (1) It has been signed by property owners collectively 11 owning more than fifty percent by assessed value of the real 12 property within the boundaries of the proposed district; 13 (2) It has been signed by more than fifty percent per 14 capita of all owners of real property within the boundaries 15 of the proposed district; and 16 (3) It contains the following information: 17 (a) The legal description of the proposed district, 18 including a map illustrating the district boundaries; 19 (b) The name of the proposed district; 20 SB 782 11 (c) A notice that the signatures of the signers may 21 not be withdrawn later than seven days after the petition is 22 filed with the municipal clerk; 23 (d) A five-year plan stating a description of the 24 purposes of the proposed district, the services it will 25 provide, each improvement it will make from the list of 26 allowable improvements under section 67.1461, an estimate of 27 the costs of these services and improvements to be incurred, 28 the anticipated sources of funds to pay the costs, and the 29 anticipated term of the sources of funds to pay the costs; 30 (e) A statement as to whether the district will be a 31 political subdivision or a not-for-profit corporation and if 32 it is to be a not-for-profit corporation, the name of the 33 not-for-profit corporation; 34 (f) If the district is to be a political subdivision, 35 a statement as to whether the district will be governed by a 36 board elected by the district or whether the board will be 37 appointed by the municipality, and, if the board is to be 38 elected by the district, the names and terms of the initial 39 board may be stated; 40 (g) If the district is to be a political subdivision, 41 the number of directors to serve on the board; 42 (h) The total assessed value of all real property 43 within the proposed district; 44 (i) A statement as to whether the petitioners are 45 seeking a determination that the proposed district, or any 46 legally described portion thereof, is a blighted area; 47 (j) The proposed length of time for the existence of 48 the district, which in the case of districts established 49 after August 28, 2021, shall not exceed twenty-seven years 50 from the adoption of the ordinance establishing the district 51 SB 782 12 unless the municipality extends the length of time under 52 section 67.1481; 53 (k) The maximum rates of real property taxes, and, 54 business license taxes in the county seat of a county of the 55 first classification without a charter form of government 56 containing a population of at least two hundred thousand, 57 that may be submitted to the qualified voters for approval; 58 (l) The maximum rates of special assessments and 59 respective methods of assessment that may be proposed by 60 petition; 61 (m) The limitations, if any, on the borrowing capacity 62 of the district; 63 (n) The limitations, if any, on the revenue generation 64 of the district; 65 (o) Other limitations, if any, on the powers of the 66 district; 67 (p) A request that the district be established; and 68 (q) Any other items the petitioners deem appropriate; 69 (4) The signature block for each real property owner 70 signing the petition shall be in substantially the following 71 form and contain the following information: 72 73 Name of owner: ______ 74 75 Owner's telephone number and mailing address: ______ 76 If signer is different from owner: 77 Name of signer: ______ 78 State basis of legal authority to sign: ______ 79 80 Signer's telephone number and mailing address: ______ 81 82 If the owner is an individual, state if owner is single or married: _____ SB 782 13 (5) Alternatively, the governing body of any home rule 110 city with more than four hundred thousand inhabitants and 111 located in more than one county may file a petition to 112 initiate the process to establish a district in the portion 113 of the city located in any county of the first 114 classification with more than two hundred thousand but fewer 115 83 84 If owner is not an individual, state what type of entity: ______ 85 86 87 Map and parcel number and assessed value of each tract of real property within the proposed district owned: ______ 88 89 90 91 By executing this petition, the undersigned represents and warrants that he or she is authorized to execute this petition on behalf of the property owner named immediately above 92 93 ________________ __ ________________ __ 94 95 Signature of person Date 96 97 signing for owner 98 STATE OF MISSOURI ) 99 ) ss. 100 COUNTY OF ______ ) 101 102 103 Before me personally appeared ______, to me personally known to be the individual described in and who executed the foregoing instrument. 104 105 WITNESS my hand and official seal this ______ day of ______ (month), ______ (year). 106 107 _________________________ _____ 108 Notary Public 109 My Commission Expires: ______ ; [and] SB 782 14 than two hundred sixty thousand inhabitants containing the 116 information required in subdivision (3) of this subsection; 117 provided that the only funding methods for the services and 118 improvements will be a real property tax; and 119 (6) Notwithstanding any provision of this section to 120 the contrary, if the district is to be an entertainment 121 district, the provisions of subdivision (2) of subsection 2 122 of this section shall not apply. 123 3. Upon receipt of a petition the municipal clerk 124 shall, within a reasonable time not to exceed ninety days 125 after receipt of the petition, review and determine whether 126 the petition substantially complies with the requirements of 127 subsection 2 of this section. In the event the municipal 128 clerk receives a petition which does not meet the 129 requirements of subsection 2 of this section, the municipal 130 clerk shall, within a reasonable time, return the petition 131 to the submitting party by hand delivery, first class mail, 132 postage prepaid or other efficient means of return and shall 133 specify which requirements have not been met. 134 4. After the close of the public hearing required 135 pursuant to subsection 1 of this section, the governing body 136 of the municipality may adopt an ordinance approving the 137 petition and establishing a district as set forth in the 138 petition and may determine, if requested in the petition, 139 whether the district, or any legally described portion 140 thereof, constitutes a blighted area. If the petition was 141 filed by the governing body of a municipality pursuant to 142 subdivision (5) of subsection 2 of this section, after the 143 close of the public hearing required pursuant to subsection 144 1 of this section, the petition may be approved by the 145 governing body and an election shall be called pursuant to 146 section 67.1422. 147 SB 782 15 5. Amendments to a petition may be made which do not 148 change the proposed boundaries of the proposed district if 149 an amended petition meeting the requirements of subsection 2 150 of this section is filed with the municipal clerk at the 151 following times and the following requirements have been met: 152 (1) At any time prior to the close of the public 153 hearing required pursuant to subsection 1 of this section; 154 provided that, notice of the contents of the amended 155 petition is given at the public hearing; 156 (2) At any time after the public hearing and prior to 157 the adoption of an ordinance establishing the proposed 158 district; provided that, notice of the amendments to the 159 petition is given by publishing the notice in a newspaper of 160 general circulation within the municipality and by sending 161 the notice via registered certified United States mail with 162 a return receipt attached to the address of record of each 163 owner of record of real property within the boundaries of 164 the proposed district per the tax records of the county 165 clerk, or the collector of revenue if the district is 166 located in a city not within a county. Such notice shall be 167 published and mailed not less than ten days prior to the 168 adoption of the ordinance establishing the district; 169 (3) At any time after the adoption of any ordinance 170 establishing the district a public hearing on the amended 171 petition is held and notice of the public hearing is given 172 in the manner provided in section 67.1431 and the governing 173 body of the municipality in which the district is located 174 adopts an ordinance approving the amended petition after the 175 public hearing is held. 176 6. Upon the creation of a district, the municipal 177 clerk shall report in writing the creation of such district 178 SB 782 16 to the Missouri department of economic development and the 179 state auditor. 180 67.1461. 1. Each district shall have all the powers, 1 except to the extent any such power has been limited by the 2 petition approved by the governing body of the municipality 3 to establish the district, necessary to carry out and 4 effectuate the purposes and provisions of sections 67.1401 5 to 67.1571 including, but not limited to, the following: 6 (1) To adopt, amend, and repeal bylaws, not 7 inconsistent with sections 67.1401 to 67.1571, necessary or 8 convenient to carry out the provisions of sections 67.1401 9 to 67.1571; 10 (2) To sue and be sued; 11 (3) To make and enter into contracts and other 12 instruments, with public and private entities, necessary or 13 convenient to exercise its powers and carry out its duties 14 pursuant to sections 67.1401 to 67.1571; 15 (4) To accept grants, guarantees and donations of 16 property, labor, services, or other things of value from any 17 public or private source; 18 (5) To employ or contract for such managerial, 19 engineering, legal, technical, clerical, accounting, or 20 other assistance as it deems advisable; 21 (6) To acquire by purchase, lease, gift, grant, 22 bequest, devise, or otherwise, any real property within its 23 boundaries, personal property, or any interest in such 24 property; 25 (7) To sell, lease, exchange, transfer, assign, 26 mortgage, pledge, hypothecate, or otherwise encumber or 27 dispose of any real or personal property or any interest in 28 such property; 29 SB 782 17 (8) To levy and collect special assessments and taxes 30 as provided in sections 67.1401 to 67.1571. However, no 31 such assessments or taxes shall be levied on any property 32 exempt from taxation pursuant to subdivision (5) of section 33 137.100. Those exempt pursuant to subdivision (5) of 34 section 137.100 may voluntarily participate in the 35 provisions of sections 67.1401 to 67.1571; 36 (9) If the district is a political subdivision, to 37 levy real property taxes and business license taxes in the 38 county seat of a county of the first classification 39 containing a population of at least two hundred thousand, as 40 provided in sections 67.1401 to 67.1571. However, no such 41 assessments or taxes shall be levied on any property exempt 42 from taxation pursuant to subdivisions (2) and (5) of 43 section 137.100. Those exempt pursuant to subdivisions (2) 44 and (5) of section 137.100 may voluntarily participate in 45 the provisions of sections 67.1401 to 67.1571; 46 (10) If the district is a political subdivision, to 47 levy sales taxes pursuant to sections 67.1401 to 67.1571; 48 (11) To fix, charge, and collect fees, rents, and 49 other charges for use of any of the following: 50 (a) The district's real property, except for public 51 rights-of-way for utilities; 52 (b) The district's personal property, except in a city 53 not within a county; or 54 (c) Any of the district's interests in such real or 55 personal property, except for public rights-of-way for 56 utilities; 57 (12) To borrow money from any public or private source 58 and issue obligations and provide security for the repayment 59 of the same as provided in sections 67.1401 to 67.1571; 60 SB 782 18 (13) To loan money as provided in sections 67.1401 to 61 67.1571; 62 (14) To make expenditures, create reserve funds, and 63 use its revenues as necessary to carry out its powers or 64 duties and the provisions and purposes of sections 67.1401 65 to 67.1571; 66 (15) To enter into one or more agreements with the 67 municipality for the purpose of abating any public nuisance 68 within the boundaries of the district including, but not 69 limited to, the stabilization, repair or maintenance or 70 demolition and removal of buildings or structures, provided 71 that the municipality has declared the existence of a public 72 nuisance; 73 (16) Within its boundaries, to provide assistance to 74 or to construct, reconstruct, install, repair, maintain, and 75 equip any of the following public improvements: 76 (a) Pedestrian or shopping malls and plazas; 77 (b) Parks, lawns, trees, and any other landscape; 78 (c) Convention centers, arenas, aquariums, aviaries, 79 and meeting facilities; 80 (d) Sidewalks, streets, alleys, bridges, ramps, 81 tunnels, overpasses and underpasses, traffic signs and 82 signals, utilities, drainage, water, storm and sewer 83 systems, and other site improvements; 84 (e) Parking lots, garages, or other facilities; 85 (f) Lakes, dams, and waterways; 86 (g) Streetscape, lighting, benches or other seating 87 furniture, trash receptacles, marquees, awnings, canopies, 88 walls, and barriers; 89 (h) Telephone and information booths, bus stop and 90 other shelters, rest rooms, and kiosks; 91 SB 782 19 (i) Paintings, murals, display cases, sculptures, and 92 fountains; 93 (j) Music, news, and child-care facilities; and 94 (k) Any other useful, necessary, or desired public 95 improvement specified in the petition or any amendment; 96 (17) To dedicate to the municipality, with the 97 municipality's consent, streets, sidewalks, parks, and other 98 real property and improvements located within its boundaries 99 for public use; 100 (18) Within its boundaries and with the municipality's 101 consent, to prohibit or restrict vehicular and pedestrian 102 traffic and vendors on streets, alleys, malls, bridges, 103 ramps, sidewalks, and tunnels and to provide the means for 104 access by emergency vehicles to or in such areas; 105 (19) Within its boundaries, to operate or to contract 106 for the provision of music, news, child-care, or parking 107 facilities, and buses, minibuses, or other modes of 108 transportation; 109 (20) Within its boundaries, to lease space for 110 sidewalk café tables and chairs; 111 (21) Within its boundaries, to provide or contract for 112 the provision of security personnel, equipment, or 113 facilities for the protection of property and persons; 114 (22) Within its boundaries, to provide or contract for 115 cleaning, maintenance, and other services to public and 116 private property; 117 (23) To produce and promote any tourism, recreational 118 or cultural activity or special event in the district by, 119 but not limited to, advertising, decoration of any public 120 place in the district, promotion of such activity and 121 special events, and furnishing music in any public place; 122 SB 782 20 (24) To support business activity and economic 123 development in the district including, but not limited to, 124 the promotion of business activity, development and 125 retention, and the recruitment of developers and businesses; 126 (25) To provide or support training programs for 127 employees of businesses within the district; 128 (26) To provide refuse collection and disposal 129 services within the district; 130 (27) To contract for or conduct economic, planning, 131 marketing or other studies; 132 (28) To repair, restore, or maintain any abandoned 133 cemetery on public or private land within the district; and 134 (29) To partner with a telecommunications company or 135 broadband service provider in order to construct or improve 136 telecommunications facilities which shall be wholly owned 137 and operated by the telecommunications company or broadband 138 service provider, as the terms "telecommunications company" 139 and "telecommunications facilities" are defined in section 140 386.020 and subject to the provisions of section 392.410, 141 that are in an unserved or underserved area, as defined in 142 section 620.2450. Before any facilities are improved or 143 constructed as a result of this section, the area shall be 144 certified as unserved or underserved by the director of 145 broadband development within the department of economic 146 development; 147 (30) To carry out any other powers set forth in 148 sections 67.1401 to 67.1571. 149 2. Each district which is located in a blighted area 150 or which includes a blighted area shall have the following 151 additional powers: 152 (1) Within its blighted area, to contract with any 153 private property owner to demolish and remove, renovate, 154 SB 782 21 reconstruct, or rehabilitate any building or structure owned 155 by such private property owner; and 156 (2) To expend its revenues or loan its revenues 157 pursuant to a contract entered into pursuant to this 158 subsection, provided that the governing body of the 159 municipality has determined that the action to be taken 160 pursuant to such contract is reasonably anticipated to 161 remediate the blighting conditions and will serve a public 162 purpose. 163 3. Each district which is an entertainment district 164 shall have the following additional powers: 165 (1) Within its boundaries, to restrict or prohibit the 166 carrying of weapons or firearms in designated restricted 167 areas, including, but not limited to, parks, public events, 168 and other public spaces within the boundaries of the 169 district; 170 (2) Within its boundaries, to promulgate and enforce 171 rules relating to curfews and the presence and activities of 172 unaccompanied minors under the age of eighteen in public 173 spaces during specified hours unless accompanied by a parent 174 or guardian; and 175 (3) Within its boundaries, to hire and train public 176 safety and security personnel to enforce the laws of the 177 municipality and rules of the district. 178 4. Each district shall annually reimburse the 179 municipality for the reasonable and actual expenses incurred 180 by the municipality to establish such district and review 181 annual budgets and reports of such district required to be 182 submitted to the municipality; provided that, such annual 183 reimbursement shall not exceed one and one-half percent of 184 the revenues collected by the district in such year. 185 SB 782 22 [4.] 5. Nothing in sections 67.1401 to 67.1571 shall 186 be construed to delegate to any district any sovereign right 187 of municipalities to promote order, safety, health, morals, 188 and general welfare of the public, except those such police 189 powers, if any, expressly delegated pursuant to sections 190 67.1401 to 67.1571. 191 [5.] 6. The governing body of the municipality 192 establishing the district shall not decrease the level of 193 publicly funded services in the district existing prior to 194 the creation of the district or transfer the financial 195 burden of providing the services to the district unless the 196 services at the same time are decreased throughout the 197 municipality, nor shall the governing body discriminate in 198 the provision of the publicly funded services between areas 199 included in such district and areas not so included. 200 [6.] 7. All construction contracts entered into after 201 August 28, 2021, in excess of five thousand dollars between 202 a district that has adopted a sales tax and any private 203 person, firm, or corporation shall be competitively bid and 204 shall be awarded to the lowest and best bidder. Notice of 205 the letting of the contracts shall be given in the manner 206 provided by section 8.250. 207 67.1535. 1. Subject to appropriation, the department 1 of economic development may, upon such terms and with 2 reasonable consideration as it may determine, expend funds 3 for the purpose of promoting, developing, and supporting 4 entertainment tourism within any district designated as an 5 entertainment district pursuant to section 67.1421, and for 6 which application is made and approved by the department of 7 economic development no later than August 28, 2027. Any 8 annual expenditure by the department of economic development 9 for entertainment tourism shall be limited to a portion of 10 SB 782 23 tax revenues derived directly or indirectly from any such 11 promotion, development, and support of entertainment tourism 12 supported by such annual expenditure within such designated 13 entertainment district, as stated in an agreement entered 14 into between the district and the department of economic 15 development; provided, however, that: 16 (1) The term of state appropriations under any such 17 agreement shall not exceed twenty-seven years; 18 (2) The annual amount of the state appropriation 19 authorized under this section shall not exceed two million 20 five hundred thousand dollars per year for any fiscal year 21 ending on or before June 30, 2031, and four million five 22 hundred thousand dollars per year for any fiscal year 23 thereafter. No such appropriation shall be made prior to 24 July 1, 2026; 25 (3) Any such promotion, development, and support of 26 entertainment tourism shall be determined to produce a 27 positive net fiscal impact for the state over the term of 28 such agreement, with such public or private assurances as 29 the department of economic development may reasonably 30 require; and 31 (4) The department of economic development shall make 32 an annual written report to the governor and the general 33 assembly within ninety days of the end of each fiscal year 34 detailing whether such promotion, development, and support 35 of entertainment tourism produced a positive net fiscal 36 impact for the state in the prior fiscal year and projecting 37 the overall net fiscal impact to the state over the term of 38 such agreement. 39 2. As used in this section, "entertainment tourism" 40 shall mean activities, services, and experiences designed 41 for leisure and enjoyment centered on athletic, 42 SB 782 24 recreational, and cultural events, attractions, and 43 enrichment sponsored by any public or private entity, the 44 provision and enhancement of public safety and the provision 45 of financial assistance to attract sporting events, 46 recreational, entertainment, or other meeting activities, 47 either professional or amateur, commercial or private. 48