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Missouri General Assembly· HB 19907/10/2025 - Delivered to Secretary of State (G)

Modifies provisions relating to political subdivisions, the official text

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FIRST REGULAR SESSION
            [TRULY AGREED TO AND FINALLY PASSED]

                     SENATE SUBSTITUTE NO. 2 FOR
                SENATE COMMITTEE SUBSTITUTE FOR

           HOUSE BILL NO. 199

           103RD GENERAL ASSEMBLY

0316S.14T  2025

                                       AN ACT

To repeal sections 8.690, 50.800, 50.810, 58.030, 58.035, 58.096, 58.208, 64.231, 67.399,
         67.453, 67.547, 67.582, 67.1366, 67.1367, 67.1461, 67.1521, 67.2500, 67.5050,
         67.5060, 68.080, 77.150, 82.1025, 82.1026, 82.1027, 82.1031, 94.838, 94.900,
         107.170, 137.115, 137.1050, 140.984, 144.757, 162.014, 193.145, 193.265, 221.105,
         221.400, 221.402, 221.405, 221.407, 221.410, 233.425, 238.060, 238.230, 238.232,
         321.552, 321.554, 321.556, 483.083, and 513.455, RSMo, and section 50.815 as
         enacted by house bill no. 1606, one hundred first general assembly, second regular
         session, section 50.815 as enacted by house bill no. 669, seventy-seventh general
         assembly, first regular session, section 50.820 as enacted by house bill no. 1606, one
         hundred first general assembly, second regular session, section 50.820 as enacted by
         house bill no. 669, seventy-seventh general assembly, first regular session, section
         58.095 as enacted by house bill no. 1606, one hundred first general assembly, second
         regular session, section 58.095 as enacted by house bill no. 2046, one hundredth
         general assembly, second regular session, section 58.200 as enacted by house bill no.
         1606, one hundred first general assembly, second regular session, section 58.200 as
         codified as section 13145 in the 1939 revised statutes of Missouri, section 67.1421 as
         enacted by house bill no. 1606, one hundred first general assembly, second regular
         session, section 67.1421 as enacted by senate bills nos. 153 & 97, one hundred first
         general assembly, first regular session, section 105.145 as enacted by house bill no.
         1606, one hundred first general assembly, second regular session, and section 105.145
         as enacted by senate bill no. 112, ninety-ninth general assembly, first regular session,
         and to enact in lieu thereof sixty new sections relating to political subdivisions, with
         penalty provisions and an effective date for a certain section.

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
SS #2 SCS HB 199              2

   Be it enacted by the General Assembly of the state of Missouri, as follows:

   Section A. Sections 8.690, 50.800, 50.810, 58.030, 58.035, 58.096, 58.208, 64.231,

2 67.399, 67.453, 67.547, 67.582, 67.1366, 67.1367, 67.1461, 67.1521, 67.2500, 67.5050,

3 67.5060, 68.080, 77.150, 82.1025, 82.1026, 82.1027, 82.1031, 94.838, 94.900, 107.170,

4 137.115, 137.1050, 140.984, 144.757, 162.014, 193.145, 193.265, 221.105, 221.400,

5 221.402, 221.405, 221.407, 221.410, 233.425, 238.060, 238.230, 238.232, 321.552,

6 321.554, 321.556, 483.083, and 513.455, RSMo, and section 50.815 as enacted by house

7 bill no. 1606, one hundred first general assembly, second regular session, section 50.815 as

8 enacted by house bill no. 669, seventy-seventh general assembly, first regular session, section

9 50.820 as enacted by house bill no. 1606, one hundred first general assembly, second regular

10 session, section 50.820 as enacted by house bill no. 669, seventy-seventh general assembly,

11 first regular session, section 58.095 as enacted by house bill no. 1606, one hundred first

12 general assembly, second regular session, section 58.095 as enacted by house bill no. 2046,

13 one hundredth general assembly, second regular session, section 58.200 as enacted by house

14 bill no. 1606, one hundred first general assembly, second regular session, section 58.200 as

15 codified as section 13145 in the 1939 revised statutes of Missouri, section 67.1421 as enacted

16 by house bill no. 1606, one hundred first general assembly, second regular session, section

17 67.1421 as enacted by senate bills nos. 153 & 97, one hundred first general assembly, first

18 regular session, section 105.145 as enacted by house bill no. 1606, one hundred first general

19 assembly, second regular session, and section 105.145 as enacted by senate bill no. 112,

20 ninety-ninth general assembly, first regular session, are repealed and sixty new sections

21 enacted in lieu thereof, to be known as sections 8.690, 50.815, 50.820, 58.030, 58.095,

22 58.097, 58.200, 58.208, 64.231, 67.399, 67.452, 67.453, 67.547, 67.582, 67.597, 67.646,

23 67.1157, 67.1366, 67.1367, 67.1421, 67.1461, 67.1505, 67.1521, 67.2500, 67.5050, 67.5060,

24 68.080, 77.150, 79.235, 82.1025, 82.1026, 82.1027, 82.1031, 94.838, 94.900, 105.145,

25 107.170, 137.115, 137.1050, 140.984, 144.757, 162.014, 193.145, 193.265, 221.400,

26 221.402, 221.405, 221.407, 221.410, 233.425, 238.060, 238.230, 238.232, 311.084,

27 321.552, 321.554, 321.556, 483.083, 513.455, and 550.320, to read as follows:

   8.690. 1. The office of administration shall have the authority to utilize:

2  (1) The construction manager-at-risk delivery method, as provided for in section

3 67.5050; and

4  (2) The design-build delivery method, as provided for in section 67.5060, only as

5 follows:

6  (a) For noncivil works projects, as that term is used in section 67.5060, in excess of

7 seven million dollars; and
SS #2 SCS HB 199                                 3

8   (b) No more than five noncivil works projects, as that term is used in section 67.5060,

9 may be contracted for in any fiscal year that are less than seven million dollars.

10  2. [The office of administration shall not be subject to subsection 15 of section

11 67.5050 and subsection 22 of section 67.5060 in executing contracts pursuant to this section.

12  3.] The office of administration shall not be subject to subsection 4 of section

13 67.5060. The office of administration shall publish its advertisement for proposals in the

14 publications, and on the website of the officer or agency or through an electronic procurement

15 system as set forth in subsection 3 of section 8.250. The selection and award shall follow

16 sections 67.5050 and 67.5060, as applicable.

    [50.815. 1. On or before June thirtieth of each year, the county

2   commission of each county of the first, second, third, or fourth classification

3   shall, with the assistance of the county clerk or other officer responsible for the

4   preparation of the financial statement, prepare and publish in some newspaper

5   of general circulation published in the county, as provided under section

6   493.050, a financial statement of the county for the year ending the preceding

7   December thirty-first.

8   2. The financial statement shall show at least the following:

9   (1) A summary of the receipts of each fund of the county for the year;

10  (2) A summary of the disbursements and transfers of each fund of the

11  county for the year;

12  (3) A statement of the cash balance at the beginning and at the end of

13  the year for each fund of the county;

14  (4) A summary of delinquent taxes and other due bills for each fund of

15  the county;

16  (5) A summary of warrants of each fund of the county outstanding at

17  the end of the year;

18  (6) A statement of bonded indebtedness, if any, at the beginning and at

19  the end of the year for each fund of the county;

20  (7) A statement of the tax levies of each fund of the county for the

21  year; and

22  (8) The name, office, and current gross annual salary of each elected

23  or appointed county official.

24  3. The financial statement need not show specific disbursements,

25  warrants issued, or the names of specific payees except to comply with

26  subdivision (8) of subsection 2 of this section, but every individual warrant,

27  voucher, receipt, court order and all other items, records, documents and other

28  information which are not specifically required to be retained by the officer

29  having initial charge thereof shall be filed on or before the date of publication

30  of the financial statement prescribed by subsection 1 of this section in the

31  office of the county clerk. The county clerk or other officer responsible for the

32  preparation of the financial statement shall preserve the same, shall provide an

33  electronic copy of the data used to create the financial statement without

34  charge to any newspaper requesting a copy of such data, and shall cause the

35  same to be available for inspection during normal business hours on the

36  request of any person, for a period of five years following the date of filing in
SS #2 SCS HB 199                4

37  his or her office, after which five-year period these records may be disposed of

38  according to law unless they are the subject of a legal suit pending at the

39  expiration of that period.

40  4. At the end of the financial statement, each commissioner of the

41  county commission and the county clerk shall sign and append the following

42  certificate:

43  We, _________ , _________ , and _________ , duly elected commissioners of

44  the county commission of _________ County, Missouri, and I, _________ __

45  _______ , county clerk of that county, certify that the above and foregoing is a

46  complete and correct statement of every item of information required in

47  section 50.815 for the year ending December 31, 20_________ , and we have

48  checked every receipt from every source and every disbursement of every

49  kind and to whom and for what each disbursement was made, and each receipt

50  and disbursement is accurately included in the above and foregoing totals. (If

51  for any reason complete and accurate information is not given the following

52  shall be added to the certificate.) Exceptions: the above report is incomplete

53  because proper information was not available in the following records ______

54  ___ which are in the keeping of the following officer or officers _________ .

55                                 Date _________

56                                 __________________

57                                 __________________

58                                 __________________

59                                 Commissioners, County Commission

60                                 __________________

61                                 County Clerk

62  5. Any person falsely certifying to any fact covered by the certificate is

63  liable on his or her bond and is guilty of a misdemeanor and, on conviction

64  thereof, shall be punished by a fine of not less than two hundred dollars or

65  more than one thousand dollars, or by confinement in the county jail for a

66  period of not less than thirty days nor more than six months, or by both such

67  fine and confinement. Any person charged with preparing the financial report

68  who willfully or knowingly makes a false report of any record is, in addition to

69  the penalties otherwise provided for in this section, guilty of a felony, and

70  upon conviction thereof shall be sentenced to imprisonment by the department

71  of corrections for a term of not less than two years nor more than five years.]

             50.815. 1. On or before [the first Monday in March] June thirtieth of each year, the
2 county commission of each county of the first [class not having a charter form of
3 government], second, third, or fourth classification shall, with the assistance of the county
4 clerk or other officer responsible for the preparation of the financial statement, prepare
5 and publish in some newspaper of general circulation published in the county, as provided
6 under section 493.050, a financial statement of the county for the year ending the preceding
7 December thirty-first.
SS #2 SCS HB 199                                   5

8         2. The financial statement shall show at least the following:

9         (1) A summary of the receipts of each fund of the county for the year;

10        (2) A summary of the disbursements and transfers of each fund of the county for the

11 year;

12        (3) A statement of the cash balance at the beginning and at the end of the year for

13 each fund of the county;

14        (4) A summary of delinquent taxes and other due bills for each fund of the county;

15        (5) A summary of warrants of each fund of the county outstanding at the end of the

16 year;

17        (6) A statement of bonded indebtedness, if any, at the beginning and at the end of the

18 year for each fund of the county; [and]

19        (7) A statement of the tax levies of each fund of the county for the year; and

20        (8) The name, office, and current gross annual salary of each elected or

21 appointed county official.

22        3. The financial statement need not show specific disbursements, warrants issued, or

23 the names of specific payees except to comply with subdivision (8) of subsection 2 of this

24 section, but every individual warrant, voucher, receipt, court order and all other items,

25 records, documents and other information which are not specifically required to be retained

26 by the officer having initial charge thereof [and which would be required to be included in or

27 to construct a financial statement in the form prescribed for other counties by section 50.800]

28 shall be filed on or before the date of publication of the financial statement prescribed by

29 subsection 1 of this section in the office of the county clerk[, and]. The county clerk or other

30 officer responsible for the preparation of the financial statement shall preserve the same,

31 shall provide an electronic copy of the data used to create the financial statement

32 without charge to any newspaper requesting a copy of such data, and shall cause the same

33 to be available for inspection during normal business hours on the request of any person, for a

34 period of five years following the date of filing in his or her office, after which five-year

35 period these records may be disposed of according to law unless they are the subject of a legal

36 suit pending at the expiration of that period.

37        4. At the end of the financial statement, each commissioner of the county commission

38 and the county clerk shall sign and append the following certificate:

39        We, _________ , _________ , and _________ , duly elected

40        commissioners of the county commission of _________

41        County, Missouri, and I, _________ _________ , county

42        clerk of that county, certify that the above and foregoing is a

43        complete and correct statement of every item of information

44        required in section 50.815 for the year ending December 31,
SS #2 SCS HB 199                             6

45            [19] 20_________ , and we have checked every receipt from

46            every source and every disbursement of every kind and to

47            whom and for what each disbursement was made, and each

48            receipt and disbursement is accurately included in the above

49            and foregoing totals. (If for any reason complete and

50            accurate information is not given the following shall be

51            added to the certificate.) Exceptions: the above report is

52            incomplete because proper information was not available in

53            the following records _________ which are in the keeping

54            of the following officer or officers _________ .

55                                              Date _________

56                                           __________________

57                                           __________________

58                                           __________________

59                Commissioners, County Commission

60                                                              __________________

61                                              County Clerk

62  5. Any person falsely certifying to any fact covered by the certificate is liable on his

63 or her bond and is guilty of a misdemeanor and, on conviction thereof, shall be punished by a

64 fine of not less than two hundred dollars or more than one thousand dollars, or by

65 confinement in the county jail for a period of not less than thirty days nor more than six

66 months, or by both such fine and confinement. Any person charged with preparing the

67 financial report who willfully or knowingly makes a false report of any record is, in addition

68 to the penalties otherwise provided for in this section, guilty of a felony, and upon conviction

69 thereof shall be sentenced to imprisonment by the division of corrections for a term of not less

70 than two years nor more than five years.

71  [6. The provisions of sections 50.800 and 50.810 do not apply to counties of the first

72 class not having a charter form of government, except as provided in subsection 3 of this

73 section.]

              [50.820. 1. The statement required by section 50.815 shall be set in

2   the standard column width measure which will take the least space and the

3   publisher shall file two proofs of publication with the county commission and

4   the commission shall forward one proof to the state auditor and shall file the

5   other in the office of the commission. As required under section 493.025, a

6   newspaper publishing the statement shall charge and receive no more than its

7   regular local classified advertising rate, which shall be the rate on the

8   newspaper's rate schedule that was offered to the public thirty days before the

9   publication of the statement. The county commission shall pay the publisher
SS #2 SCS HB 199               7

10  upon the filing of proof of publication with the commission. After

11  verification, the state auditor shall notify the commission that proof of

12  publication has been received and that it complies with the requirements of

13  this section.

14  2. The statement shall be spread on the record of the commission and

15  for this purpose the publisher shall be required to furnish the commission with

16  at least two copies of the statement which may be placed in the record.

17  3. The state auditor shall notify the county treasurer immediately of

18  the receipt of the proof of publication of the statement. After the first day of

19  July of each year the county treasurer shall not pay or enter for protest any

20  warrant for the pay of any of the county commission until notice is received

21  from the state auditor that the required proof of publication has been filed.

22  4. The state auditor shall prepare sample forms for financial statements

23  required by section 50.815 and shall provide the same to the county clerk of

24  each county of the first, second, third, or fourth classification in this state, but

25  failure of the auditor to supply such forms shall not in any way excuse any

26  person from the performance of any duty imposed by this section or by section

27  50.815. If any county officer fails, neglects, or refuses to comply with the

28  provisions of this section or section 50.815, the county officer shall, in

29  addition to other penalties provided by law, be liable on his or her official bond

30  for dereliction of duty.]

    50.820. 1. The statement required by section 50.815 shall be set in the standard

2 column width measure which will take the least space and the publisher shall file two proofs

3 of publication with the county commission and the commission shall forward one proof to the

4 state auditor and shall file the other in the office of the commission. As required under

5 section 493.025, a newspaper publishing the statement shall charge and receive no more

6 than its regular local classified advertising rate, which shall be the rate on the

7 newspaper's rate schedule that was offered to the public thirty days before the

8 publication of the statement. The county commission shall [not] pay the publisher [until]

9 upon the filing of proof of publication [is filed] with the commission [and]. After

10 verification, the state auditor [notifies] shall notify the commission that proof of publication

11 has been received and that it complies with the requirements of this section.

12  2. The statement shall be spread on the record of the commission and for this purpose

13 the publisher shall be required to furnish the commission with at least two copies of the

14 statement which may be [pasted on] placed in the record.

15  3. The state auditor shall notify the county treasurer immediately of the receipt of the

16 proof of publication of the statement. After the first day of [April] July of each year the

17 county treasurer shall not pay or enter for protest any warrant for the pay of any of the county

18 commission until notice is received from the state auditor that the required proof of

19 publication has been filed. [Any county treasurer paying or entering for protest any warrant
SS #2 SCS HB 199                      8

20 for any commissioner of the county commission prior to the receipt of such notice from the

21 state auditor shall be liable therefor on his official bond.]

22  4. The state auditor shall prepare sample forms for financial statements required by

23 section 50.815 and shall [mail] provide the same to the county clerk of each county of the

24 first [class not having a charter form of government], second, third, or fourth classification

25 in this state, but failure of the auditor to supply such forms shall not in any way excuse any

26 person from the performance of any duty imposed by this section or by section 50.815. If any

27 county officer fails, neglects, or refuses to comply with the provisions of this section or

28 section 50.815 [he], the county officer shall, in addition to other penalties provided by law,

29 be liable on his or her official bond for dereliction of duty.

    58.030. 1. No person shall be elected or appointed to the office of coroner unless [he

2 be] such person:

3   (1) Is a citizen of the United States[,];

4   (2) Is over [the age of] twenty-one years[, and shall have] of age;

5   (3) Has resided within the state [one] for the whole year[, and] immediately

6 preceding such person's election or appointment; and

7   (4) Has resided within the county for [which he is elected,] the six months [next]

8 immediately preceding [the] such person's election or appointment.

9   2. No person shall file a declaration of candidacy for the office of coroner unless,

10 at the time such person files such declaration of candidacy, such person provides

11 evidence of completion of a certification to do death investigations from:

12  (1) An independent, nationally recognized and accredited credentialing

13 organization;

14  (2) An entity that provides the training as described in this chapter; or

15  (3) Attendance at an annual training as described in this chapter.

                  [58.095. 1. The county coroner in any county not having a charter

2   form of government shall receive an annual salary computed on a basis as set

3   forth in the following schedule as well as any adjustment authorized under

4   subsection 3 of section 50.327. The provisions of this section shall not permit

5   or require a reduction in the amount of compensation being paid for the office

6   of coroner on January 1, 1997:

7                 Assessed Valuation                                           Salary

8                 $18,000,000         to 40,999,999                            $8,000

9                 41,000,000          to 53,999,999                            8,500

10                54,000,000          to 65,999,999                            9,000

11                66,000,000          to 85,999,999                            9,500

12                86,000,000          to 99,999,999                            10,000

13                100,000,000         to 130,999,999                           11,000
SS #2 SCS HB 199                        9

14  131,000,000                         to 159,999,999  12,000

15  160,000,000                         to 189,999,999  13,000

16  190,000,000                         to 249,999,999  14,000

17  250,000,000                         to 299,999,999  15,000

18  300,000,000                         or more         16,000

19  2. One thousand dollars of the salary authorized in this section shall be

20  payable to the coroner only if the coroner has completed at least twenty hours

21  of classroom instruction each calendar year as established by the Coroner

22  Standards and Training Commission unless exempted from the training by the

23  Missouri Coroners' and Medical Examiners' Association for good cause. The

24  Missouri Coroners' and Medical Examiners' Association shall provide a

25  certificate of completion to each coroner who completes the training program

26  and shall send a list of certified coroners to the treasurer of each county and the

27  department of health and senior services. The Coroner Standards and Training

28  Commission may certify training programs that satisfy the requirements of this

29  section in lieu of the training provided by the Missouri Coroners' and Medical

30  Examiners' Association. Certified training completion shall be submitted to

31  the Missouri Coroners' and Medical Examiners' Association which, upon

32  validating the certified training, shall submit the individual's name to the

33  county treasurer and department of health and senior services indicating the

34  individual is compliant with the training requirements. Expenses incurred for

35  attending the training session may be reimbursed to the county coroner in the

36  same manner as other expenses as may be appropriated for that purpose. All

37  elected or appointed coroners, deputy coroners, and assistants to the coroner

38  shall complete the annual training described in this subsection within six

39  months of election or appointment.

40  3. The county coroner in any county not having a charter form of

41  government shall not, except upon two-thirds vote of all the members of the

42  salary commission, receive an annual compensation in an amount less than the

43  total compensation being received for the office of county coroner in the

44  particular county for services rendered or performed on the date the salary

45  commission votes.

46  4. For the term beginning in 1997, the compensation of the coroner, in

47  counties in which the salary commission has not voted to pay one hundred

48  percent of the maximum allowable salary, shall be a percentage of the

49  maximum allowable salary established by this section. The percentage applied

50  shall be the same percentage of the maximum allowable salary received or

51  allowed, whichever is greater, to the presiding commissioner or sheriff,

52  whichever is greater, of that county for the year beginning January 1, 1997. In

53  those counties in which the salary commission has voted to pay one hundred

54  percent of the maximum allowable salary, the compensation of the coroner

55  shall be based on the maximum allowable salary in effect at each time a

56  coroner's term of office commences following the vote to pay one hundred

57  percent of the maximum allowable compensation. Subsequent compensation

58  shall be determined as provided in section 50.333.
SS #2 SCS HB 199                 10

59  5. Effective January 1, 1997, the county coroner in any county not

60  having a charter form of government may, upon the approval of the county

61  commission, receive additional compensation for any month during which

62  investigations or other services are performed for three or more decedents in

63  the same incident during such month. The additional compensation shall be an

64  amount that when added to the regular compensation the sum shall equal the

65  monthly compensation of the county sheriff.]

    58.095. 1. The county coroner in any county not having a charter form of

2 government shall receive an annual salary computed on a basis as set forth in the following

3 schedule as well as any adjustment authorized under subsection 3 of section 50.327. The

4 provisions of this section shall not permit or require a reduction in the amount of

5 compensation being paid for the office of coroner on January 1, [1997] 2025:

6   Assessed Valuation                            Salary

7   $18,000,000         to 40,999,999             $8,000

8   41,000,000          to 53,999,999             8,500

9   54,000,000          to 65,999,999             9,000

10  66,000,000          to 85,999,999             9,500

11  86,000,000          to 99,999,999             10,000

12  100,000,000         to 130,999,999            11,000

13  131,000,000         to 159,999,999            12,000

14  160,000,000         to 189,999,999            13,000

15  190,000,000         to 249,999,999            14,000

16  250,000,000         to 299,999,999            15,000

17  300,000,000         or more                   16,000

18  2. (1) One thousand dollars of the salary authorized in this section shall be payable to

19 the coroner, deputy coroner, and assistants only if the coroner, deputy coroner, or

20 assistant has completed at least twenty hours of classroom instruction each calendar year as

21 [established by the coroner standards and training commission unless exempted from the

22 training by the Missouri Coroners' and Medical Examiners' Association for good cause. The

23 Missouri Coroners' and Medical Examiners' Association shall provide a certificate of

24 completion to each coroner who completes the training program and shall send a list of

25 certified coroners to the treasurer of each county and the department of health and senior

26 services. The coroner standards and training commission may certify training programs that

27 satisfy the requirements of this section in lieu of the training provided by the Missouri

28 Coroners' and Medical Examiners' Association] presented by a state-recognized and

29 -accredited or nationally recognized and accredited credentialing organization that

30 certifies individuals to conduct death investigations. Certified training completion shall be

31 submitted to [the Missouri Coroners' and Medical Examiners' Association] a professional
SS #2 SCS HB 199                      11

32 association of the county coroners of Missouri which, upon validating the certified training,

33 shall submit the individual's name to the county treasurer and department of health and senior

34 services indicating the individual is compliant with the training requirements.

35  (2) Expenses incurred for attending the training session [may] shall be reimbursed to

36 the county coroner in the same manner as other expenses as may be appropriated for that

37 purpose to the extent that such expenses are not fully reimbursed under paragraph (c) of

38 subdivision (2) of subsection 1 of section 58.208. [All elected or appointed coroners, deputy

39 coroners, and assistants to the coroner shall complete the annual training described in this

40 subsection within six months of election or appointment.]

41  3. The county coroner in any county not having a charter form of government shall

42 not, except upon two-thirds vote of all the members of the salary commission, receive an

43 annual compensation in an amount less than the total compensation being received for the

44 office of county coroner in the particular county for services rendered or performed on the

45 date the salary commission votes.

46  4. For the term beginning in 1997, the compensation of the coroner, in counties in

47 which the salary commission has not voted to pay one hundred percent of the maximum

48 allowable salary, shall be a percentage of the maximum allowable salary established by this

49 section. The percentage applied shall be the same percentage of the maximum allowable

50 salary received or allowed, whichever is greater, to the presiding commissioner or sheriff,

51 whichever is greater, of that county for the year beginning January 1, 1997. In those counties

52 in which the salary commission has voted to pay one hundred percent of the maximum

53 allowable salary, the compensation of the coroner shall be based on the maximum allowable

54 salary in effect at each time a coroner's term of office commences following the vote to pay

55 one hundred percent of the maximum allowable compensation. Subsequent compensation

56 shall be determined as provided in section 50.333.

57  [5. Effective January 1, 1997, the county coroner in any county not having a charter

58 form of government may, upon the approval of the county commission, receive additional

59 compensation for any month during which investigations or other services are performed for

60 three or more decedents in the same incident during such month. The additional

61 compensation shall be an amount that when added to the regular compensation the sum shall

62 equal the monthly compensation of the county sheriff.]

    58.097. 1. To fulfill the requirements established in section 58.095, each elected

2 or appointed coroner, deputy coroner, and assistant to the coroner shall complete at

3 least twenty hours of classroom instruction and training each calendar year.

4   2. (1) The classroom instruction and training required under this section shall

5 relate to:

6   (a) Operation of the coroner's office;
SS #2 SCS HB 199                      12

7   (b) Legal responsibilities of the coroner's office; and

8   (c) Technical skills and knowledge required of the coroner's office.

9   (2) Acceptable training shall relate to administrative standards and ethics of the

10 profession, pathology, toxicology, histology, and other associated medicolegal sciences.

11 Such training shall include, but not be limited to, instruction in best practices or

12 standards, as certified, recognized, or otherwise endorsed by nationally or

13 internationally recognized organizations such as the American Academy of Forensic

14 Sciences, International Association of Coroners and Medical Examiners, and the

15 National Institute of Justice.

16  3. Particular instructional emphases relating to coroner training standards shall

17 include and be provided, at a minimum, on properly conducting, establishing,

18 facilitating, overseeing, performing, and using the following:

19  (1) Autopsies;

20  (2) Body or remains handling and transport;

21  (3) Chain of custody and confidentiality;

22  (4) Ethical conduct;

23  (5) Etiology and medical certification;

24  (6) Evidence, inventory, property, and samples;

25  (7) Illicit drug handling;

26  (8) Infant and child fatalities;

27  (9) Laboratory services;

28  (10) Mass fatalities;

29  (11) Notification procedures;

30  (12) Organ and tissue donation;

31  (13) Occupational deaths;

32  (14) Personal protective equipment;

33  (15) Release of documents, photographs, and other information;

34  (16) Reporting of probable contagious diseases;

35  (17) Scene investigation, documentation, and safety;

36  (18) Sample or specimen collection; and

37  (19) Statutory and regulatory requirements.

    [58.200. When the office of sheriff shall be vacant, by death or

2   otherwise, the coroner of the county is authorized to perform all the duties

3   which are by law required to be performed by the sheriff, until another sheriff

4   for such county shall be appointed and qualified and such coroner shall have

5   notice thereof. In such case, said coroner may appoint one or more deputies,

6   with the approbation of the judge of the circuit court, and every such

7   appointment, with the oath of office endorsed thereon, shall be filed in the
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8   office of the clerk of the circuit court of the county. If the coroner becomes the

9   acting sheriff and the sheriff is no longer receiving the sheriff's salary, the

10  coroner may be paid, in addition to the coroner's salary, the difference between

11  the salaries of sheriff and coroner so that the coroner receives the equivalent of

12  the sheriff's salary while serving as acting sheriff.]

    58.200. When the office of sheriff shall be vacant, by death or otherwise, the coroner

2 of the county is authorized to perform all the duties [which] that are by law required to be

3 performed by the sheriff, until another sheriff for such county shall be appointed and qualified

4 [,] and such coroner shall have notice thereof[, and]. In such case, said coroner may appoint

5 one or more deputies, with the approbation of the judge of the circuit court[;], and every such

6 appointment, with the oath of office endorsed thereon, shall be filed in the office of the clerk

7 of the circuit court of the county. If the coroner becomes the acting sheriff and the sheriff

8 is no longer receiving the sheriff's salary, the coroner may be paid, in addition to the

9 coroner's salary, the difference between the salaries of sheriff and coroner so that the

10 coroner receives the equivalent of the sheriff's salary while serving as acting sheriff.

    58.208. 1. (1) One dollar of the fee collected for any death certificate issued under

2 section 193.265 shall be deposited into the Missouri [state] coroners' [training] fund

3 established under subsection 2 of this section.

4   (2) Moneys in such fund shall be used by [the Missouri Coroners' and Medical

5 Examiners' Association] a professional association of the county coroners of Missouri:

6   [(1)] (a) For in-state training, equipment, and necessary supplies; [and

7   (2)] (b) To provide aid to training programs approved by [the Missouri Coroners' and

8 Medical Examiners' Association] such professional association;

9   (c) To reimburse coroners' offices for the expenses incurred for training session

10 attendance as provided in subdivision (2) of subsection 2 of section 58.095; and

11  (d) From moneys remaining after moneys are expended for purposes listed in

12 paragraphs (a), (b), and (c) of this subdivision, to provide moneys to county coroners as

13 described in subsection 4 of this section for:

14  a. Investigative tools and equipment;

15  b. The construction, maintenance, or repair of office space or forensic

16 laboratory space; and

17  c. The discharge of death investigation responsibilities.

18  (3) At least one hundred fifty thousand dollars of the moneys in such fund shall

19 be designated annually for reimbursements under paragraphs (a), (b), and (c) of

20 subdivision (2) of this subsection.

21  2. (1) There is hereby created in the state treasury the "Missouri [State] Coroners'

22 [Training] Fund", which shall consist of moneys collected under subsection 1 of this section.
SS #2 SCS HB 199                        14

23 The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and

24 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund

25 and, upon appropriation, moneys in the fund shall be used solely for the administration of

26 subsection 1 of this section.

27  (2) Notwithstanding the provisions of section 33.080 to the contrary, [any] no moneys

28 remaining in the fund [over the amount of five hundred thousand dollars] shall revert to the

29 credit of the general revenue fund.

30  (3) The state treasurer shall invest moneys in the fund in the same manner as other

31 funds are invested. Any interest and moneys earned on such investments shall be credited to

32 the fund.

33  3. Local registrars may, during states of emergency or disaster, request reimbursement

34 from the fund for copies of death certificates issued to individuals who are unable to afford

35 the associated fees.

36  4. (1) A professional association of the county coroners of Missouri may

37 establish a grant program to provide a procedure for the coroner's office in each county

38 of the second, third, or fourth classification to apply for an award of moneys for the

39 purposes listed under paragraph (d) of subdivision (2) of subsection 1 of this section.

40  (2) For the purposes of moneys listed in paragraphs (a), (b), and (d) of

41 subdivision (2) of subsection 1 of this section, no coroner's office in a county of the

42 second, third, or fourth classification shall receive more than five thousand dollars

43 annually under this subsection.

44  (3) Such grant program shall establish procedures for:

45  (a) Submitting applications for proposed projects;

46  (b) Reviewing, accepting, and denying such applications;

47  (c) Determining the award of grant moneys;

48  (d) Providing notification to applicants; and

49  (e) Adopting other necessary and proper procedures to assist the professional

50 association in accomplishing the award of grant moneys under this subsection.

    64.231. 1. The county planning board shall have power to make, adopt and may

2 publish an official master plan for the county for the purpose of bringing about coordinated

3 physical development in accordance with present and future needs. The master plan shall be

4 developed so as to conserve the natural resources of the county, to ensure efficient

5 expenditure of public funds, and to promote the health, safety, convenience, prosperity and

6 general welfare of the inhabitants. The master plan may include, among other things, a land

7 use plan, studies and recommendations relative to the locations, character and extent of

8 highways, railroads, bus, streetcar and other transportation routes, bridges, public buildings,

9 schools, sewers, parks and recreation facilities, parkways, forests, wildlife refuges, dams and
SS #2 SCS HB 199                     15

10 projects affecting conservation of natural resources. The county planning board may adopt

11 the master plan in whole or in part, and subsequently amend or extend the adopted plan or any

12 portion thereof. Before the adoption, amendment or extension of the plan or portion thereof,

13 the board shall hold at least one public hearing thereon, fifteen days' notice of the time and

14 place of which shall be published in at least one newspaper having general circulation within

15 the county, and notice of the hearing shall also be posted [at least fifteen days in advance

16 thereof in at least two conspicuous places in each township] on the county's website. The

17 hearing may be adjourned from time to time. The adoption of the plan shall be by resolution

18 carried by not less than a majority vote of the full membership of the county planning board.

19 After the adoption of the master plan an attested copy shall be certified to the county clerk

20 and a copy shall be recorded in the office of the recorder of deeds.

21           2. The master plan, with the accompanying maps, diagrams, charts, descriptive

22 matter, and reports, shall include the plans specified by this section which are appropriate to

23 the county and which may be made the basis for its physical development. The master plan

24 may comprise any, all, or any combination of the plans specified in this section, for all or any

25 part of the county.

             67.399. 1. The governing body of any municipality or county with a charter form of

2 government and with more than one million inhabitants may, by ordinance, establish a

3 semiannual registration fee not to exceed two hundred dollars which shall be charged to the

4 owner of any parcel of residential property improved by a residential structure, or commercial

5 property improved by a structure containing multiple dwelling units, that is vacant, has been

6 vacant for at least six months, and is characterized by violations of applicable housing codes

7 established by such municipality.

8            2. The municipality shall designate a municipal officer to investigate any property

9 that may be subject to the registration fee. The officer shall report [his] such officer's

10 findings and recommendations, and shall determine whether any such property shall be

11 subject to the registration fee. Within five business days, the clerk of the municipality or

12 county with a charter form of government and with more than one million inhabitants shall

13 notify by mail the owners of property on which the registration fee has been levied at their

14 last known address according to the records of the city and the county. The property owner

15 shall have the right to appeal the decision of the office to the municipal court within thirty

16 days of such notification. Absent the existence of any valid appeal or request for

17 reconsideration pursuant to subsection 3 of this section, the registration fee shall begin to

18 accrue on the beginning of the second calendar quarter after the decision of the municipal

19 officer.

20           3. Within thirty days of the municipality or county with a charter form of government

21 and with more than one million inhabitants making such notification, the property owner may
SS #2 SCS HB 199                        16

22 complete any improvements to the property that may be necessary to revoke the levy of the

23 registration fee, and then may request a reinspection of the property and a reconsideration of

24 the levy of the registration fee by the municipality or county with a charter form of

25 government and with more than one million inhabitants. If the municipal or county officer

26 revokes the registration fee, no such assessment shall be made and the matter shall be

27 considered closed. If the officer affirms the assessment of the registration fee, the property

28 owner shall have the right to appeal the reconsideration decision of the officer to the

29 municipal court within thirty days of such decision. Absent the existence of any valid appeal

30 to the municipal court or other court of competent jurisdiction, the registration fee shall begin

31 to accrue on the beginning of the second calendar quarter after the reconsideration decision of

32 the municipal governing body.

33  4. The municipal governing body shall establish by ordinance procedures for payment

34 of the registration fee and penalties for delinquent payments of such fees. Any registration

35 fees which are delinquent for a period of one year shall become a lien on the property and

36 shall be subject to foreclosure proceedings in the same manner as delinquent real property

37 taxes. The owner of the property against which the assessment was originally made shall be

38 able to redeem the property only by presenting evidence that the violations of the applicable

39 housing code cited by the municipal officers have been cured and presenting payment of all

40 registration fees and penalties. Upon bona fide sale of the property to an unrelated party said

41 lien shall be considered released and the delinquent registration fee forgiven.

42  5. (1) The governing body of the following may enact ordinances as provided in

43 this subsection:

44  (a) Any county with more than one million inhabitants; and

45  (b) Any city or village in any county with more than one million inhabitants.

46  (2) The governing body of any county, city, or village listed in subdivision (1) of

47 this subsection may enact ordinances to provide for the building official of the county,

48 city, or village, or any authorized representative of the building official, to petition the

49 circuit court in which a vacant nuisance building or structure is located for the

50 appointment of a receiver to rehabilitate the building or structure, to demolish it, or to

51 sell it to a qualified buyer.

    67.452. 1. As used in this section, the following terms mean:

2   (1) "Code or ordinance violation", a violation under the provisions of a

3 municipal or county code or ordinance that regulates fire prevention, animal control,

4 noise control, property maintenance, building construction, health, safety, neighborhood

5 detriment, sanitation, or nuisances;

6   (2) "Neighborhood organization", a Missouri not-for-profit corporation that:
SS #2 SCS HB 199                  17

7   (a) Is a bona fide community organization formed for the purpose of

8 neighborhood preservation or improvement in an area of a county, city, or village

9 with defined limits and boundaries described in the organization's articles of

10 incorporation or bylaws;

11  (b) Has a board of directors composed of individuals, at least half of whom

12 maintain their principal residence in the area of a county, city, or village described in the

13 organization's articles of incorporation or bylaws; and

14  (c) Is recognized by the federal Internal Revenue Service as tax exempt under

15 the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or

16 the corresponding section of any future tax code;

17  (3) "Nuisance", an activity or condition created, performed, maintained, or

18 permitted to exist on private property that constitutes a code or ordinance violation,

19 whether or not the property has been cited by the county, city, or village in which the

20 property is located; or, if the property is in a deteriorated condition, due to neglect or

21 failure to reasonably maintain, abandonment, failure to repair after a fire, flood, or

22 some other deterioration of the property, or there is clutter on the property such as

23 abandoned automobiles, appliances, or similar objects; or, with respect to commercial,

24 industrial, or vacant property, if the activity or condition on the property encourages,

25 promotes, or substantially contributes to unlawful activity within three hundred feet of

26 the property; or if any activity or condition:

27  (a) Diminishes the value of the neighboring property;

28  (b) Is injurious to the public health, safety, security, or welfare of neighboring

29 residents or businesses; or

30  (c) Impairs the reasonable use or peaceful enjoyment of other property in the

31 neighborhood.

32  2. This section applies to a nuisance located within the boundaries of:

33  (1) Any county with more than one million inhabitants; or

34  (2) Any city or village located within the boundaries of any county with more

35 than one million inhabitants.

36  3. Any property owner who owns property within one thousand two hundred

37 feet of a parcel of property that is alleged to be a nuisance may bring a nuisance action

38 under this section against the offending property owner for the amount of damage

39 created by such nuisance to the value of the petitioner's property including, but not

40 limited to, diminution in value of the petitioner's property and court costs.

41  4. An action for injunctive relief to abate a nuisance may be brought against the

42 offending property owner under this section by:
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43  (1) Anyone who owns property within one thousand two hundred feet of a

44 property that is alleged to be a nuisance; or

45  (2) A neighborhood organization:

46  (a) On behalf of any person or persons who own property within the boundaries

47 of the geographic area described in the articles of incorporation or bylaws of the

48 neighborhood organization and who could maintain a nuisance action under this section

49 or under the common law of private nuisance; or

50  (b) On the neighborhood organization's own behalf with respect to a nuisance on

51 property anywhere within the geographic boundaries described in the articles of

52 incorporation or bylaws of the neighborhood organization.

53  5. (1) An action shall not be brought under this section until sixty days after the

54 party who brings the action has mailed notice of intent to bring an action under this

55 section, postage prepaid, to:

56  (a) The tenant, if any, or to "occupant" if the identity of the tenant cannot be

57 reasonably ascertained, at the property's address; and

58  (b) The property owner of record at the last known address of the property

59 owner on file with the county, city, or village or, if the property owner is a corporation or

60 other type of limited liability company, to the property owner's registered agent at the

61 agent's address of record.

62  (2) Such notice shall state that a nuisance exists and that legal action may be

63 taken against the owner of the property if the nuisance is not eliminated within sixty

64 days after the date on the mailed notice.

65  (3) If the notice is returned unclaimed or refused, designated by the United

66 States Postal Service to be undeliverable, or signed for by a person other than the

67 addressee, adequate and sufficient notice shall be provided by posting a copy of the

68 notice on the property where the nuisance allegedly is occurring. A sworn affidavit by

69 the person who mailed or posted the notice describing the date and manner that notice

70 was given shall be sufficient evidence to establish that the notice was given.

71  (4) The notice shall specify:

72  (a) The act or condition that constitutes the nuisance;

73  (b) The date the nuisance was first discovered;

74  (c) The address of the property and location on the property where the act or

75 condition that constitutes the nuisance is allegedly occurring or exists; and

76  (d) The relief sought in the action.

77  6. A proceeding under this section shall:

78  (1) Be heard at the earliest practicable date; and

79  (2) Be expedited in every way.
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80   7. When a property owner or neighborhood organization brings an action under

81 this section for injunctive relief to abate a nuisance, a prima facie case for injunctive

82 relief is made upon proof that a citation has been issued by the county, city, or village

83 with jurisdiction over the property that is subject to an action under this section. An

84 action for injunctive relief to abate a nuisance shall be heard by the court without a jury

85 and shall not require proof that the party bringing the action has sustained damage or

86 loss as a result of the nuisance.

87   8. A copy of a notice of citation issued by the county, city, or village with

88 jurisdiction over the property that is subject to an action under this section that shows

89 the date the citation was issued shall be prima facie evidence of whether and for how

90 long the property has been in violation of the code or ordinance provisions provided in

91 the citation.

92   9. When a property owner or neighborhood organization bringing the action

93 prevails in such action, such property owner or organization may be entitled to an

94 award for attorneys' fees and expenses, based on the amount of time reasonably

95 expended, as ordered by the court, which award for attorneys' fees and expenses shall

96 be entered as a judgment against the owner of the property on which the act or

97 condition constituting the nuisance occurred or was located.

98   10. (1) This section shall not be construed as to abrogate any equitable or legal

99 right or remedy otherwise available under the law to abate a nuisance.

100  (2) This section shall not be construed to grant standing for an action

101 challenging any zoning application or approval.

102  11. If a property owner sued under this section pleads and proves that a

103 condition alleged by the plaintiff to be a nuisance is the subject matter of an order of the

104 state department of natural resources, the United States Environmental Protection

105 Agency, or the office of the Missouri attorney general and further pleads and proves

106 that the property is in compliance with such order with respect to such condition, such

107 proof shall be an affirmative defense to plaintiff's claim that such condition is subject to

108 one or more of the remedies provided for under this section.

     67.453. Sections 67.453 to 67.475 are known and may be cited as the "Neighborhood

2 Improvement District Act", and the following words and terms, as used in sections 67.453 to

3 67.475 mean:

4    (1) "Acquire", the acquisition of property or interests in property by purchase, gift,

5 condemnation or other lawful means and may include the acquisition of existing property and

6 improvements already owned by the city or county;
SS #2 SCS HB 199              20

7   (2) "Consultant", engineers, architects, planners, attorneys, financial advisors,

8 accountants, investment bankers and other persons deemed competent to advise and assist the

9 governing body of the city or county in planning and making improvements;

10  (3) "Cost", all costs incurred in connection with an improvement, including, but not

11 limited to, costs incurred for the preparation of preliminary reports, the preparation of plans

12 and specifications, the preparation and publication of notices of hearings, resolutions,

13 ordinances and other proceedings, fees and expenses of consultants, interest accrued on

14 borrowed money during the period of construction, underwriting costs and other costs

15 incurred in connection with the issuance of bonds or notes, establishment of reasonably

16 required reserve funds for bonds or notes, the cost of land, materials, labor and other lawful

17 expenses incurred in planning, acquiring and doing any improvement, reasonable

18 construction contingencies, and work done or services performed by the city or county in

19 the administration and supervision of the improvement;

20  (4) "Improve", to construct, reconstruct, maintain, restore, replace, renew, repair,

21 install, equip, extend, or to otherwise perform any work which will provide a new public

22 facility or enhance, extend or restore the value or utility of an existing public facility;

23  (5) "Improvement", any one or more public facilities or improvements which confer a

24 benefit on property within a definable area and may include or consist of a reimprovement of

25 a prior improvement. Improvements include, but are not limited to, the following activities:

26  (a) To acquire property or interests in property when necessary or desirable for any

27 purpose authorized by sections 67.453 to 67.475;

28  (b) To open, widen, extend and otherwise to improve streets, paving and other

29 surfacing, gutters, curbs, sidewalks, crosswalks, driveway entrances and structures, drainage

30 works incidental thereto, and service connections from sewer, water, gas and other utility

31 mains, conduits or pipes;

32  (c) To improve main and lateral storm water drains and sanitary sewer systems, and

33 appurtenances thereto;

34  (d) To improve street lights and street lighting systems;

35  (e) To improve waterworks systems;

36  (f) To partner with a telecommunications company or broadband service provider in

37 order to construct or improve telecommunications facilities which shall be wholly owned and

38 operated by the telecommunications company or broadband service provider, as the terms

39 "telecommunications company" and "telecommunications facilities" are defined in section

40 386.020 and subject to the provisions of section 392.410, that are in an unserved or

41 underserved area, as defined in section 620.2450. Before any facilities are improved or

42 constructed as a result of this section, the area shall be certified as unserved or underserved by

43 the director of broadband development within the department of economic development;
SS #2 SCS HB 199                    21

44  (g) To improve parks, playgrounds and recreational facilities;

45  (h) To improve any street or other facility by landscaping, planting of trees, shrubs,

46 and other plants;

47  (i) To improve dikes, levees and other flood control works, gates, lift stations, bridges

48 and streets appurtenant thereto, including any river or creek bank erosion mitigation

49 projects, regardless of whether or not such projects confer a benefit solely to private

50 property owners;

51  (j) To improve vehicle and pedestrian bridges, overpasses and tunnels;

52  (k) To improve retaining walls and area walls on public ways or land abutting

53 thereon;

54  (l) To improve property for off-street parking facilities including construction and

55 equipment of buildings thereon;

56  (m) To acquire or improve any other public facilities or improvements deemed

57 necessary by the governing body of the city or county; and

58  (n) To improve public safety;

59  (6) "Neighborhood improvement district", an area of a city or county with defined

60 limits and boundaries which is created by vote or by petition under sections 67.453 to 67.475

61 and which is benefitted by an improvement and subject to special assessments against the real

62 property therein for the cost of the improvement.

    67.547. 1. In addition to the tax authorized by section 67.505, any county as defined

2 in section 67.750 may, by a majority vote of its governing body, impose an additional county

3 sales tax on all sales which are subject to taxation under the provisions of sections 144.010 to

4 144.525. The tax authorized by this section shall be in addition to any and all other sales tax

5 allowed by law; except that no ordinance or order imposing a sales tax under the provisions of

6 this section shall be effective unless the governing body of the county submits to the voters of

7 the county, at a county or state general, primary or special election, a proposal to authorize the

8 governing body of the county to impose such tax.

9   2. The ballot of submission shall contain, but need not be limited to the following

10 language:

11           Shall the county of ______ (county's name) impose a countywide sales tax

12           of ______ (insert rate) percent for the purpose of ______ (insert purpose)?

13                    ☐ YES                                    ☐ NO

14           If you are in favor of the question, place an "X" in the box opposite "YES".

15           If you are opposed to the question, place an "X" in the box opposite "NO".

16

17 If a majority of the votes cast on the proposal by the qualified voters voting thereon are in

18 favor of the proposal, then the ordinance or order and any amendments thereto shall be in
SS #2 SCS HB 199             22

19 effect. If a majority of the votes cast by the qualified voters voting are opposed to the

20 proposal, then the governing body of the county shall have no power to impose the sales tax

21 as herein authorized unless and until the governing body of the county submits another

22 proposal to authorize the governing body of the county to impose the sales tax under the

23 provisions of this section and such proposal is approved by a majority of the qualified voters

24 voting thereon. A county shall not submit to the voters a proposed sales tax under this section

25 for a period of two years from the date of an election in which the county previously

26 submitted to the voters a proposed sales tax under this section, regardless of whether the

27 initial proposed sales tax was approved or disapproved by the voters. The revenue collected

28 from the sales tax authorized under this section shall only be used for the purpose approved

29 by voters of the county.

30  3. (1) The sales tax may be imposed at a rate of one-eighth of one percent, one-fourth

31 of one percent, three-eighths of one percent, or one-half of one percent on the receipts from

32 the sale at retail of all tangible personal property or taxable services at retail within any

33 county adopting such tax if such property and services are subject to taxation by the state of

34 Missouri under the provisions of sections 144.010 to 144.525. In any city not within a county

35 or any county described in subsection 5 of this section, no sales tax for the purpose of funding

36 zoological activities and zoological facilities as those terms are defined in section 184.500

37 shall exceed a rate of one-eighth of one percent unless the sales tax was levied and collected

38 before August 28, 2017. Beginning August 28, 2017, no county shall submit to the voters any

39 proposal that results in a combined rate of sales taxes adopted under this section in excess of

40 one percent.

41  (2) Notwithstanding the provisions of subdivision (1) of this subsection to the

42 contrary, beginning August 28, 2025, a county with more than eight thousand but fewer

43 than eight thousand nine hundred inhabitants and with a county seat with more than

44 seven hundred thirty but fewer than eight hundred inhabitants may impose a sales tax

45 that results in a combined rate of sales tax adopted pursuant to this section in excess of

46 one percent, but not in excess of one and one-half percent, provided that any such sales

47 tax shall be for the purpose of providing law enforcement services. All sales tax

48 elections conducted during the November 8, 2022, general election shall be deemed in

49 compliance with this subdivision, provided that the total combined sales tax rate

50 adopted pursuant to this section does not exceed one and one-half percent.

51  4. Except as modified in this section, all provisions of sections 32.085 and 32.087

52 shall apply to the tax imposed under this section.

53  5. In any first class county having a charter form of government and having a

54 population of nine hundred thousand or more, the proceeds of the sales tax authorized by this

55 section shall be distributed so that an amount equal to three-eighths of the proceeds of the tax
SS #2 SCS HB 199                         23

56 shall be distributed to the county and the remaining five-eighths shall be distributed to the

57 cities, towns and villages and the unincorporated area of the county on the ratio that the

58 population of each bears to the total population of the county. Three-eighths of the tax rate

59 adopted by such a county shall be included in the calculation of the county's one percent

60 combined tax rate ceiling provided in subsection 3 of this section. The population of each

61 city, town or village and the unincorporated area of the county and the total population of the

62 county shall be determined on the basis of the most recent federal decennial census. The

63 provisions of this subsection shall not apply if the revenue collected is used to support

64 zoological activities of the zoological subdistrict as defined under section 184.352.

65        6. Except as prohibited under section 184.353, residents of any county that does not

66 adopt a sales tax under this section for the purpose of supporting zoological activities may be

67 charged an admission fee for zoological facilities, programs, or events that are not part of the

68 zoological subdistrict defined under subdivision (15) of section 184.352 as of August 28,

69 2017.

70        7. In any county of the second classification with more than nineteen thousand seven

71 hundred but fewer than nineteen thousand eight hundred inhabitants, the proceeds of the sales

72 tax authorized by this section shall be distributed so that an amount equal to three-fourths of

73 the proceeds of the tax shall be distributed to the county and the remaining one-fourth shall be

74 distributed equally among the incorporated cities, towns, and villages of the county. Upon

75 request from any city, town, or village within the county, the county shall make available for

76 inspection the distribution report provided to the county by the department of revenue. Any

77 expenses incurred by the county in supplying such report to a city, town, or village shall be

78 paid by such city, town, or village.

79        8. In any first class county having a charter form of government and having a

80 population of nine hundred thousand or more, no tax shall be imposed pursuant to this section

81 for the purpose of funding in whole or in part the construction, operation or maintenance of a

82 sports stadium, field house, indoor or outdoor recreational facility, center, playing field,

83 parking facility or anything incidental or necessary to a complex suitable for any type of

84 professional sport or recreation, either upon, above or below the ground.

85        9. No county in this state, other than a county with a charter form of government and

86 with more than nine hundred fifty thousand inhabitants and a city not within a county, shall

87 impose a tax under this section for the purpose of funding in whole or in part the construction,

88 operation, or maintenance of any zoological activities, zoological facilities, zoological

89 organizations, the metropolitan zoological park and museum district as created under section

90 184.350, or any zoological boards.

91        10. The director of revenue may authorize the state treasurer to make refunds from

92 the amounts in the trust fund and credited to any county for erroneous payments and
SS #2 SCS HB 199               24

93 overpayments made, and may redeem dishonored checks and drafts deposited to the credit of

94 such counties. If any county abolishes the tax, the county shall notify the director of revenue

95 of the action at least ninety days prior to the effective date of the repeal and the director of

96 revenue may order retention in the trust fund, for a period of one year, of two percent of the

97 amount collected after receipt of such notice to cover possible refunds or overpayment of the

98 tax and to redeem dishonored checks and drafts deposited to the credit of such accounts.

99 After one year has elapsed after the effective date of abolition of the tax in such county, the

100 director of revenue shall remit the balance in the account to the county and close the account

101 of that county. The director of revenue shall notify each county of each instance of any

102 amount refunded or any check redeemed from receipts due the county.

103  11. No revenue received from a tax for the purpose of funding zoological activities in

104 any county shall be used for the benefit of any entity that has ever been named Grant's Farm

105 or is located at ten thousand five hundred one Gravois Road, Saint Louis, Missouri, or

106 successor address, or to supplant any funding received from the metropolitan zoological park

107 and museum district established under section 184.350.

     67.582. 1. The governing body of any county, except a county of the first class with a

2 charter form of government with a population of greater than four hundred thousand

3 inhabitants, is hereby authorized to impose, by ordinance or order, a sales tax in the amount of

4 up to [one-half of] one percent on all retail sales made in such county which are subject to

5 taxation under the provisions of sections 144.010 to 144.525 for the purpose of providing law

6 enforcement services for such county. The tax authorized by this section shall be in addition

7 to any and all other sales taxes allowed by law, except that no ordinance or order imposing a

8 sales tax under the provisions of this section shall be effective unless the governing body of

9 the county submits to the voters of the county, at a county or state general, primary or special

10 election, a proposal to authorize the governing body of the county to impose a tax.

11   2. The ballot of submission shall contain, but need not be limited to, the following

12 language:

13   (1) If the proposal submitted involves only authorization to impose the tax authorized

14 by this section the ballot shall contain substantially the following:

15   Shall the county of ______ (county's name) impose a countywide sales tax

16   of ______ (insert amount) for the purpose of providing law enforcement

17   services for the county?

18                ☐ YES                                     ☐ NO

19   If you are in favor of the question, place an "X" in the box opposite "YES".

20   If you are opposed to the question, place an "X" in the box opposite "NO";

21   or
SS #2 SCS HB 199                       25

22  (2) If the proposal submitted involves authorization to enter into agreements to form a

23 regional jail district and obligates the county to make payments from the tax authorized by

24 this section the ballot shall contain substantially the following:

25  Shall the county of ______ (county's name) be authorized to enter into

26  agreements for the purpose of forming a regional jail district and obligating

27  the county to impose a countywide sales tax of ______ (insert amount) to

28  fund ______ dollars of the costs to construct a regional jail and to fund the

29  costs to operate a regional jail, with any funds in excess of that necessary to

30  construct and operate such jail to be used for law enforcement purposes?

31                ☐ YES                           ☐ NO

32  If you are in favor of the question, place an "X" in the box opposite "YES".

33  If you are opposed to the question, place an "X" in the box opposite "NO".

34

35 If a majority of the votes cast on the proposal by the qualified voters voting thereon are in

36 favor of the proposal submitted pursuant to subdivision (1) of this subsection, then the

37 ordinance or order and any amendments thereto shall be in effect on the first day of the

38 second quarter immediately following the election approving the proposal. If the

39 constitutionally required percentage of the voters voting thereon are in favor of the

40 proposal submitted pursuant to subdivision (2) of this subsection, then the ordinance or order

41 and any amendments thereto shall be in effect on the first day of the second quarter

42 immediately following the election approving the proposal. If a proposal receives less than

43 the required majority, then the governing body of the county shall have no power to impose

44 the sales tax herein authorized unless and until the governing body of the county shall again

45 have submitted another proposal to authorize the governing body of the county to impose the

46 sales tax authorized by this section and such proposal is approved by the required majority of

47 the qualified voters voting thereon. However, in no event shall a proposal pursuant to this

48 section be submitted to the voters sooner than twelve months from the date of the last

49 proposal pursuant to this section.

50  3. All revenue received by a county from the tax authorized under the provisions of

51 this section shall be deposited in a special trust fund and shall be used solely for providing

52 law enforcement services for such county for so long as the tax shall remain in effect.

53 Revenue placed in the special trust fund may also be utilized for capital improvement projects

54 for law enforcement facilities and for the payment of any interest and principal on bonds

55 issued for said capital improvement projects.

56  4. Once the tax authorized by this section is abolished or is terminated by any means,

57 all funds remaining in the special trust fund shall be used solely for providing law

58 enforcement services for the county. Any funds in such special trust fund which are not
SS #2 SCS HB 199                   26

59 needed for current expenditures may be invested by the governing body in accordance with

60 applicable laws relating to the investment of other county funds.

61  5. All sales taxes collected by the director of revenue under this section on behalf of

62 any county, less one percent for cost of collection which shall be deposited in the state's

63 general revenue fund after payment of premiums for surety bonds as provided in section

64 32.087, shall be deposited in a special trust fund, which is hereby created, to be known as the

65 "County Law Enforcement Sales Tax Trust Fund". The moneys in the county law

66 enforcement sales tax trust fund shall not be deemed to be state funds and shall not be

67 commingled with any funds of the state. The director of revenue shall keep accurate records

68 of the amount of money in the trust and which was collected in each county imposing a sales

69 tax under this section, and the records shall be open to the inspection of officers of the county

70 and the public. Not later than the tenth day of each month the director of revenue shall

71 distribute all moneys deposited in the trust fund during the preceding month to the county

72 which levied the tax; such funds shall be deposited with the county treasurer of each such

73 county, and all expenditures of funds arising from the county law enforcement sales tax trust

74 fund shall be by an appropriation act to be enacted by the governing body of each such

75 county. Expenditures may be made from the fund for any law enforcement functions

76 authorized in the ordinance or order adopted by the governing body submitting the law

77 enforcement tax to the voters.

78  6. The director of revenue may authorize the state treasurer to make refunds from the

79 amounts in the trust fund and credited to any county for erroneous payments and

80 overpayments made, and may redeem dishonored checks and drafts deposited to the credit of

81 such counties. If any county abolishes the tax, the county shall notify the director of revenue

82 of the action at least ninety days prior to the effective date of the repeal and the director of

83 revenue may order retention in the trust fund, for a period of one year, of two percent of the

84 amount collected after receipt of such notice to cover possible refunds or overpayment of the

85 tax and to redeem dishonored checks and drafts deposited to the credit of such accounts.

86 After one year has elapsed after the effective date of abolition of the tax in such county, the

87 director of revenue shall remit the balance in the account to the county and close the account

88 of that county. The director of revenue shall notify each county of each instance of any

89 amount refunded or any check redeemed from receipts due the county.

90  7. Except as modified in this section, all provisions of sections 32.085 and 32.087

91 shall apply to the tax imposed under this section.

    67.597. 1. The governing body of a county with more than fifteen thousand

2 seven hundred but fewer than seventeen thousand six hundred inhabitants and with a

3 county seat with more than four thousand two hundred ten but fewer than six thousand

4 inhabitants may adopt an order or ordinance imposing a sales tax on all retail sales
SS #2 SCS HB 199                     27

5 made within the county that are subject to sales tax under chapter 144. The rate of such

6 tax shall not exceed one percent.

7         2. Such tax shall not become effective unless the governing body of the county

8 submits to the voters of the county, on any date available for elections for the county, a

9 proposal to authorize the governing body of the county to impose such tax. Such tax

10 shall be in addition to all other taxes imposed by law. Such tax shall be stated separately

11 from all other charges and taxes. The proceeds of such tax shall be used by the county

12 solely for the support of the operations of hospital services in such county.

13        3. The ballot of submission for such tax shall be in substantially the following

14 form:

15        "Shall ______ (insert the county name) impose a sales tax at a rate of __

16        ____ (insert percentage) percent for the support of the operations of

17        hospital services?".

18

19 If a majority of the votes cast on the question by the qualified voters voting thereon are

20 in favor of the question, such tax shall become effective on the first day of the second

21 calendar quarter following the calendar quarter in which the election was held. If a

22 majority of the votes cast on the question by the qualified voters voting thereon are

23 opposed to the question, such tax shall not become effective unless and until the question

24 is resubmitted under this section to the qualified voters of the county and such question

25 is approved by a majority of the qualified voters of the county voting on the question.

26        4. Except as modified in this section, all provisions of sections 32.085 and 32.087

27 shall apply to the tax imposed under this section.

28        5. All moneys collected under this section by the director of the department of

29 revenue on behalf of such county shall be deposited in a special trust fund, which is

30 hereby created and shall be known as the "County Hospital Operations Sales Tax

31 Fund", except that the director may deposit up to one percent for the cost of collection

32 in the state's general revenue fund. Moneys in the fund shall be used solely for the

33 designated purposes. Moneys in the fund shall not be deemed to be state moneys and

34 shall not be commingled with any moneys of the state. The director may make refunds

35 from the amounts in the fund and credited to the county for erroneous payments and

36 overpayments made and may redeem dishonored checks and drafts deposited to the

37 credit of such county. Any moneys in the special fund that are not needed for current

38 expenditures shall be invested in the same manner as other moneys are invested. Any

39 interest and moneys earned on such investments shall be credited to the fund.

40        6. The governing body of a county that has adopted such tax may submit the

41 question of repeal of the tax to the voters on any date available for elections for the
SS #2 SCS HB 199     28

42 county. If a majority of the votes cast on the question by the qualified voters voting

43 thereon are in favor of the repeal, the repeal shall become effective on December thirty-

44 first of the calendar year in which such repeal was approved. If a majority of the votes

45 cast on the question by the qualified voters voting thereon are opposed to the repeal,

46 such tax shall remain effective until the question is resubmitted under this section to the

47 qualified voters and the repeal is approved by a majority of the qualified voters voting

48 on the question.

49  7. Whenever the governing body of a county that has adopted such tax receives a

50 petition, signed by a number of registered voters of the county equal to at least ten

51 percent of the number of registered voters of the county voting in the last gubernatorial

52 election, calling for an election to repeal such tax, the governing body shall submit to the

53 voters a proposal to repeal the tax. If a majority of the votes cast on the question by the

54 qualified voters voting thereon are in favor of the repeal, the repeal shall become

55 effective on December thirty-first of the calendar year in which such repeal was

56 approved. If a majority of the votes cast on the question by the qualified voters voting

57 thereon are opposed to the repeal, such tax shall remain effective until the question is

58 resubmitted under this section to the qualified voters and the repeal is approved by a

59 majority of the qualified voters voting on the question.

60  8. If such tax is repealed or terminated by any means, all moneys remaining in

61 the special trust fund shall continue to be used solely for the designated purposes. The

62 county shall notify the director of the department of revenue of the repeal or

63 termination at least ninety days before the effective date of the repeal or termination.

64 The director may order retention in the trust fund, for a period of one year, of two

65 percent of the amount collected after receipt of such notice to cover possible refunds or

66 overpayments of the tax and to redeem dishonored checks and drafts deposited to the

67 credit of such account. After one year has elapsed after the effective date of the repeal

68 or termination, the director shall remit the balance in the account to the county and

69 close the account of that county. The director shall notify such county of each instance

70 of any amount refunded or any check redeemed from receipts due the county.

    67.646. 1. For the purposes of this section, the following terms shall mean:

2   (1) "Authority", a county sports complex authority created pursuant to this

3 section;

4   (2) "Convention and sports complex fund", the fund established by a county

5 pursuant to the provisions of this section for the purposes of developing, maintaining, or

6 operating within its jurisdiction, sports, convention, exhibition, or trade facilities;

7   (3) "County", any county with more than two hundred thirty thousand but

8 fewer than two hundred sixty thousand inhabitants;
SS #2 SCS HB 199               29

9   (4) "Governing body", the county commission or other governing body charged

10 with governing the county.

11  2. (1) There is hereby authorized to be created in any county a special authority

12 to be known as the "______ County Sports Complex Authority". Such authority shall

13 be created by order of the governing body and certified copies of said order shall be filed

14 in the offices of the governor and secretary of state. The authority shall be a body

15 corporate and politic and a political subdivision of the state of Missouri.

16  (2) (a) The authority shall consist of five commissioners who shall be qualified

17 voters of the state of Missouri, and residents of the county. The governing body shall by

18 a majority vote submit a panel of nine names to the governor who shall select, with the

19 advice and consent of the senate, five commissioners from such panel, no more than

20 three of which shall be of any one political party, who shall constitute the members of

21 such authority; provided, however, that no elective or appointed official of any political

22 subdivision of the state of Missouri shall be a member of the authority.

23  (b) The authority shall elect from its number a chairman and may appoint such

24 officers and employees as it may require for the performance of its duties and fix and

25 determine their qualifications, duties, and compensation. No action of the authority

26 shall be binding unless taken at a meeting at which at least three members are present

27 and unless a majority of the members present at such meeting shall vote in favor

28 thereof.

29  (c) Commissioners shall serve in the following manner: one for two years, one

30 for three years, one for four years, one for five years, and one for six years. Successors

31 shall hold office for terms of five years, or for the unexpired terms of their predecessors.

32  (d) In the event a vacancy exists a new panel of three names shall be submitted

33 by majority vote of the governing body to the governor for appointment. All such

34 vacancies shall be filled within thirty days from the date thereof. If the governing body

35 has not submitted a panel of three names to the governor within thirty days of the

36 expiration of a commissioner's term, the governor shall immediately make an

37 appointment to the authority with the advice and consent of the senate. In the event

38 the governor does not appoint a replacement, no commissioner shall continue to serve

39 beyond the expiration of that commissioner's term.

40  (3) The authority shall have the same powers as a sports complex authority

41 created pursuant to sections 64.920 to 64.950.

42  (4) Nothing in this section shall be construed to impair the powers of any county,

43 municipality, or other political subdivision to acquire, own, operate, develop, or improve

44 any facility which an authority is given the right and power to own, operate, develop, or

45 improve.
SS #2 SCS HB 199     30

46  3. (1) A county establishing an authority pursuant to this section shall be

47 authorized to establish, by ordinance or order of the county, a "Convention and Sports

48 Complex Fund", for the purposes of developing, maintaining or operating within its

49 jurisdiction, sports, convention, exhibition, or trade facilities. Such fund shall be

50 separate from the general funds of the county.

51  (2) The general assembly may annually appropriate up to three million dollars

52 from the state general revenue fund to the convention and sports complex fund created

53 pursuant to this subsection, provided that the county or authority has entered into a

54 contract or lease with a professional sports team affiliated with or franchised by the

55 National Football League, the National Basketball Association, the National Hockey

56 League, or the American League or the National League of Major League Baseball on

57 or after January 1, 2026. The convention and sports complex fund shall be

58 administered by the county and shall be used to carry out the provisions of this section.

59  (3) Any county which has a convention and sports complex fund established

60 pursuant to this section shall, prior to receipt of any appropriations pursuant to this

61 subsection, enact or promulgate ordinances, rules, or regulations which provide,

62 pursuant to the terms and provisions of section 70.859, for the purchase of goods and

63 services and for construction of capital improvements for facilities administered by the

64 authority. In no event shall more than three million dollars be transferred from the

65 state to any one such convention and sports complex fund in any fiscal year pursuant to

66 this subsection.

67  (4) No appropriation of state moneys shall be made pursuant to this subsection

68 until the county which has created a convention and sports complex fund has

69 commenced paying into the convention and sports complex fund amounts at a rate

70 sufficient for the county to contribute the sum of three million dollars per calendar year.

71 Appropriations made pursuant to this subsection to any convention and sports complex

72 fund shall not exceed the amounts contributed by the county to the fund. The county's

73 proportional amount specified in this subdivision may come from any source. Once the

74 county has commenced paying such appropriate proportional amounts into its

75 convention and sports complex fund, the county shall so notify the state treasurer

76 and the director of revenue and, thereafter, subject to annual appropriation, transfers

77 shall commence and continue each month pursuant to this subsection until such

78 monthly transfers are made for forty years. Moneys appropriated from general revenue

79 shall not be expended until the county has paid three million dollars into its fund.

80  4. The county shall make an annual report to the general assembly stating the

81 condition of its convention and sports complex fund and the various sums of money

82 received by the county into that fund and distributed by the county from that fund
SS #2 SCS HB 199                         31

83 during the preceding calendar year. The county shall employ a certified public

84 accountant to conduct a biennial audit of all accounts and transactions of the convention

85 and sports complex fund and may compensate such accountants out of the funds.

    67.1157. 1. For the purposes of this section, the following terms shall mean:

2   (1) "New state revenues", the incremental increase in the general revenue

3 portion of the state sales tax revenues generated within a project area from the

4 operation of a regional sports facility and received pursuant to section 144.020,

5 excluding sales taxes that are constitutionally dedicated, taxes deposited to the school

6 district trust fund in accordance with section 144.701, sales and use taxes on motor

7 vehicles, trailers, boats and outboard motors, and future sales taxes otherwise

8 designated by law;

9   (2) "Project", the acquisition, planning, construction, equipping, operation,

10 maintenance, repair, extension, and improvement of a regional sports facility, and any

11 new or existing improvements which the authority determines are necessary or

12 convenient to the acquisition, planning, construction, equipping, operation,

13 maintenance, repair, extension, and improvement of a regional sports facility;

14  (3) "Project area", the geographic area where a project is to be located, as

15 designated by the authority and identified in its application to the department of

16 economic development;

17  (4) "Regional sports facility", a regional sports facility owned or operated by an

18 authority that is intended to provide year-round sports opportunities and draw

19 participants from outside the state.

20  2. An authority may by resolution designate a project area for a project. Upon

21 such designation by the authority, the project area shall be eligible for an amount not to

22 exceed fifty percent of the new state revenues estimated for the businesses within the

23 project area, as identified by the authority in its application to the department of

24 economic development prior to the designation of the project area by resolution, for a

25 period not to exceed twenty years from the date of completion of the project. Such

26 amount shall be subject to appropriation by the general assembly, as provided in

27 subsection 6 of this section, to the department of economic development regional sports

28 facility supplemental tax fund for distribution to the treasurer or other designated

29 financial officer of the authority with an approved project.

30  3. The treasurer or other designated financial officer of the authority with an

31 approved project shall deposit such funds in a separate segregated account within the

32 funds of the authority.

33  4. No transfer from the general revenue fund to the Missouri regional sports

34 facility supplemental tax fund shall be made unless an appropriation is made from the
SS #2 SCS HB 199                       32

35 general revenue fund for that purpose. No authority shall commit any new state

36 revenues prior to an appropriation being made for that project. Appropriations from

37 new state revenues shall not be distributed from the Missouri regional sports facility

38 supplemental tax fund to an authority unless the county which has established the

39 authority has imposed a tax at the maximum rate provided by section 67.1158.

40  5. In order for a project to be eligible to receive the revenue described in

41 subsection 2 of this section, the authority shall comply with the requirements of

42 subsection 6 of this section prior to the time the project is adopted or approved by

43 resolution. The director of the department of economic development and the

44 commissioner of the office of administration may waive the requirement that the

45 authority's application be submitted prior to the project's adoption or approved by

46 resolution.

47  6. The initial appropriation of up to fifty percent of new state revenues

48 authorized pursuant to subsection 2 of this section shall not be made to or distributed by

49 the department of economic development to an authority until all of the following

50 conditions have been satisfied:

51  (1) The director of the department of economic development or his or her

52 designee and the commissioner of the office of administration or his or her designee

53 have approved an application made by the authority for the appropriation of new state

54 revenues. The authority shall include in the application the following items:

55  (a) A description of the project;

56  (b) A description of the project area, including the businesses currently

57 identified within the project area and the anticipated businesses within the project area

58 upon completion of the project;

59  (c) The base year of state sales tax revenues within the project area prior to

60 approval of the project;

61  (d) An estimate of the incremental increase in the general revenue portion of

62 state sales tax revenue within the project area after completion of the project;

63  (e) The name, street and mailing address, and phone number of the chairman of

64 the authority;

65  (f) The street address or other means of identifying each parcel of property

66 within the project area;

67  (g) The estimated costs of development of the project;

68  (h) The anticipated sources of funds to pay such costs of development of the

69 project;

70  (i) Evidence of commitment to finance such costs of development of the project

71 and the anticipated type and terms of such financing;
SS #2 SCS HB 199                              33

72   (j) The anticipated type and terms of any obligations to be issued by the

73 authority pursuant to subdivision (6) of section 67.1155 to finance all or any portion of

74 the project;

75   (k) The general land uses to apply in the project area;

76   (l) The total number of individuals anticipated to be employed in the project

77 area as a result of the project, broken down by full-time, part-time, and temporary

78 positions;

79   (m) The total number of full-time equivalent positions anticipated to be created

80 within the project area upon completion of the project;

81   (n) The average hourly wage to be paid to all new employees within the project

82 area, broken down by full-time, part-time, and temporary positions;

83   (o) A list of other community and economic benefits to result from the project;

84   (p) A list of all development subsidies that any business that benefitted from

85 public expenditures within the project area has requested for the project, and the name

86 of any other granting body from which such subsidies are sought;

87   (q) A list of all other public investments made or to be made by this state or units

88 of local government to support infrastructure or other needs generated by the project

89 for which the funding pursuant to this section is being sought;

90   (r) A market study for the project area; and

91   (s) A certification by the chairman of the authority as to the accuracy of the

92 information contained in the application;

93   (2) The methodologies used in the application for determining the base year and

94 determining the estimate of the incremental increase in the general revenue portion of

95 the state sales tax revenues shall be approved by the director of the department of

96 economic development or his or her designee and the commissioner of the office of

97 administration or his or her designee. Upon approval of the application, the director of

98 the department of economic development or his or her designee and the commissioner of

99 the office of administration or his or her designee shall issue a certificate of approval.

100 The department of economic development may request the appropriation following

101 application approval; and

102  (3) The appropriation shall be a portion of the estimate of the incremental

103 increase in the general revenue portion of state sales tax revenues in the project area as

104 indicated in the authority's application, approved by the director of the department of

105 economic development or his or her designee and the commissioner of the office of

106 administration or his or her designee. At no time shall the annual amount of new state

107 revenues approved for disbursements from the Missouri regional sports facility

108 supplemental tax fund for approved projects exceed ten million dollars. At no time shall
SS #2 SCS HB 199                              34

109 a single project receive an annual appropriation pursuant to this section that exceeds

110 five million dollars.

    67.1366. 1. The governing body of a charter city with a population of more than one

2 hundred thousand located in a charter county of the first classification may impose a tax on

3 the charges for all sleeping rooms paid by the transient guests of hotels, motels, bed and

4 breakfast inns and campgrounds which shall be at least five percent, but not more than seven

5 percent per occupied room per night, except that such tax shall not become effective unless

6 the governing body of the city submits to the voters of the city at a state general, primary or

7 special election, a proposal to authorize the governing body of the city to impose a tax under

8 the provisions of this section. The tax authorized by this section shall be in addition to any

9 charge paid to the owner or operator and shall be in addition to any and all taxes imposed by

10 law and the proceeds of such tax shall be used by the city for funding the promotion,

11 operation and development of tourism and for the operating costs of a community center.

12 Such tax shall be stated separately from all other charges and taxes.

13  2. The question shall be submitted in substantially the following form:

14  Shall the ______ (city) levy a tax of ______ percent on each sleeping room

15  or campsite occupied and rented by transient guests which are used by

16  transients for sleeping in the ______ (city), where the proceeds shall be

17  expended for promotion of tourism and the costs of operating a

18  community center?

19                         ☐ YES                  ☐ NO

20

21 If a majority of the votes cast on the question by the qualified voters voting thereon are in

22 favor of the question, then the tax shall become effective on the first day of the calendar

23 quarter following the calendar quarter in which the election was held. If a majority of the

24 votes cast on the question by the qualified voters voting thereon are opposed to the question,

25 then the governing body for the city shall have no power to impose the tax authorized by

26 subsection 1 of this section unless and until the governing body of the city again submits the

27 question to the qualified voters of the city and such question is approved by a majority of the

28 qualified voters voting on the question.

29  3. On and after the effective date of any tax authorized under the provisions of

30 subsection 1 of this section, the city may adopt one of the two following provisions for the

31 collection and administration of the tax:

32  (1) The city may adopt rules and regulations for the internal collection of such tax by

33 the city officers usually responsible for collection and administration of city taxes; or

34  (2) The city may enter into an agreement with the director of revenue of the state of

35 Missouri for the purpose of collecting the tax authorized in subsection 1 of this section. In the
SS #2 SCS HB 199                             35

36 event any city enters into an agreement with the director of revenue of the state of Missouri

37 for the collection of the tax authorized in subsection 1 of this section, the director of revenue

38 shall perform all functions incident to the administration, collection, enforcement and

39 operation of such tax, and the director of revenue shall collect the additional tax authorized

40 pursuant to the provisions of subsection 1 of this section. The tax authorized under the

41 provisions of subsection 1 of this section shall be collected and reported upon such forms and

42 under such administrative rules and regulations as may be prescribed by the director of

43 revenue, and the director of revenue shall retain an amount not to exceed one percent for cost

44 of collection.

45  4. If a tax is imposed by a city pursuant to subsection 1 of this section, the city may

46 collect a penalty of one percent and interest not to exceed two percent per month on unpaid

47 taxes which shall be considered delinquent thirty days after the last day of each quarter.

48  5. Nothing contained herein shall be construed to limit the power of a constitutional

49 charter city in a noncharter county from imposing a business license tax on hotels, motels, bed

50 and breakfast inns and campgrounds upon such terms, conditions and procedures as set forth

51 in its own charter or ordinances.

    67.1367. 1. (1) The governing body of the following counties may impose a tax as

2 provided in this section:

3   (a) Any county of the third classification without a township form of government and

4 with more than eighteen thousand but fewer than twenty thousand inhabitants and with a city

5 of the fourth classification with more than eight thousand but fewer than nine thousand

6 inhabitants as the county seat;

7   (b) Any county with more than seventeen thousand six hundred but fewer than

8 nineteen thousand inhabitants and with a county seat with more than four thousand but

9 fewer than five thousand fifty inhabitants; or

10  (c) Any county with more than seventeen thousand six hundred but fewer than

11 nineteen thousand inhabitants and with a county seat with more than eight thousand

12 but fewer than ten thousand inhabitants.

13  (2) The governing body of any county listed in subdivision (1) of this subsection

14 may impose a tax on the charges for all sleeping rooms paid by the transient guests of hotels

15 [or], motels, bed and breakfast inns, or campground cabins situated in the county or a

16 portion thereof, which shall be no more than six percent per occupied room or cabin per

17 night, except that such tax shall not become effective unless the governing body of the county

18 submits to the voters of the county at a state general or primary election, a proposal to

19 authorize the governing body of the county to impose a tax pursuant to this section. The tax

20 authorized by this section shall be in addition to the charge for the sleeping room and shall be

21 in addition to any and all taxes imposed by law and the proceeds of such tax shall be used by
SS #2 SCS HB 199                           36

22 the county solely for the promotion of tourism. Such tax shall be stated separately from all

23 other charges and taxes.

24  2. The ballot of submission for the tax authorized in this section shall be in

25 substantially the following form:

26  Shall ______ (insert the name of the county) impose a tax on the charges

27  for all sleeping rooms paid by the transient guests of hotels [and], motels,

28  bed and breakfast inns, and campground cabins situated in ______

29  (name of county) at a rate of ______ (insert rate of percent) percent for the

30  sole purpose of promoting tourism?

31                ☐ YES                                  ☐ NO

32  3. As used in this section, "transient guests" means a person or persons who occupy a

33 room or rooms in a hotel [or], motel, bed and breakfast inns, and campground cabins for

34 thirty-one days or less during any calendar quarter.

35  4. Any county that imposed a tax on the charges for all sleeping rooms paid by

36 the transient guests of hotels and motels under this section before August 28, 2025, may

37 impose such tax upon the charges for all sleeping rooms or cabins paid by the transient

38 guests of bed and breakfast inns and campgrounds under this section without requiring

39 a separate vote authorizing the imposition of such tax upon such charges for such bed

40 and breakfast inns and campgrounds.

    [67.1421. 1. Upon receipt of a proper petition filed with its municipal

2   clerk, the governing body of the municipality in which the proposed district is

3   located shall 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 of the county clerk,

6   or the collector of revenue if the district is located in a city not within a county,

7   as of the time of filing the petition with the municipal clerk, it meets the

8   following requirements:

9   (1) It has been signed by property owners collectively owning more

10  than fifty percent by assessed value of the real property within the boundaries

11  of the proposed district;

12  (2) It has been signed by more than fifty percent per capita of all

13  owners of real property within the boundaries of the proposed district; and

14  (3) It contains the following information:

15  (a) The legal description of the proposed district, including a map

16  illustrating the district boundaries;

17  (b) The name of the proposed district;

18  (c) A notice that the signatures of the signers may not be withdrawn

19  later than seven days after the petition is filed with the municipal clerk;

20  (d) A five-year plan stating a description of the purposes of the

21  proposed district, the services it will provide, each improvement it will make

22  from the list of allowable improvements under section 67.1461, an estimate of

23  the costs of these services and improvements to be incurred, the anticipated
SS #2 SCS HB 199                       37

24  sources of funds to pay the costs, and the anticipated term of the sources of

25  funds to pay the costs;

26           (e) A statement as to whether the district will be a political subdivision

27  or a not-for-profit corporation and if it is to be a not-for-profit corporation, the

28  name of the not-for-profit corporation;

29           (f) If the district is to be a political subdivision, a statement as to

30  whether the district will be governed by a board elected by the district or

31  whether the board will be appointed by the municipality, and, if the board is to

32  be elected by the district, the names and terms of the initial board may be

33  stated;

34           (g) If the district is to be a political subdivision, the number of

35  directors to serve on the board;

36           (h) The total assessed value of all real property within the proposed

37  district;

38           (i) A statement as to whether the petitioners are seeking a

39  determination that the proposed district, or any legally described portion

40  thereof, is a blighted area;

41           (j) The proposed length of time for the existence of the district, which

42  in the case of districts established after August 28, 2021, shall not exceed

43  twenty-seven years from the adoption of the ordinance establishing the district

44  unless the municipality extends the length of time under section 67.1481;

45           (k) The maximum rates of real property taxes, and, business license

46  taxes in the county seat of a county of the first classification without a charter

47  form of government containing a population of at least two hundred thousand,

48  that may be submitted to the qualified voters for approval;

49           (l) The maximum rates of special assessments and respective methods

50  of assessment that may be proposed by petition;

51           (m) The limitations, if any, on the borrowing capacity of the district;

52           (n) The limitations, if any, on the revenue generation of the district;

53           (o) Other limitations, if any, on the powers of the district;

54           (p) A request that the district be established; and

55           (q) Any other items the petitioners deem appropriate;

56           (4) The signature block for each real property owner signing the

57  petition shall be in substantially the following form and contain the following

58  information:

59             Name of owner: ______

60             Owner's telephone number and mailing address: ______

61             If signer is different from owner:

62             Name of signer: ______

63             State basis of legal authority to sign: ______

64             Signer's telephone number and mailing address: ______

65             If the owner is an individual, state if owner is single or married: _____

66             If owner is not an individual, state what type of entity: ______

67             Map and parcel number and assessed value of each tract of real property within the

68             proposed district owned: ______
SS #2 SCS HB 199              38

69   By executing this petition, the undersigned represents and warrants that he or she is

70   authorized to execute this petition on behalf of the property owner named immediately

71   above

72   __________________                                       __________________

73   Signature of person                                      Date

74   signing for owner

75   STATE OF MISSOURI                    )

76                                        ) ss.

77   COUNTY OF ______                     )

78   Before me personally appeared ______, to me personally known to be the individual

79   described in and who executed the foregoing instrument.

80   WITNESS my hand and official seal this ______ day of ______ (month), ______ (year).

81                                        _____________________________

82                                        Notary Public

83   My Commission Expires: ______ ; and

84   (5) Alternatively, the governing body of any home rule city with more

85   than four hundred thousand inhabitants and located in more than one county

86   may file a petition to initiate the process to establish a district in the portion of

87   the city located in any county of the first classification with more than two

88   hundred thousand but fewer than two hundred sixty thousand inhabitants

89   containing the information required in subdivision (3) of this subsection;

90   provided that the only funding methods for the services and improvements will

91   be a real property tax.

92   3. Upon receipt of a petition the municipal clerk shall, within a

93   reasonable time not to exceed ninety days after receipt of the petition, review

94   and determine whether the petition substantially complies with the

95   requirements of subsection 2 of this section. In the event the municipal

96   clerk receives a petition which does not meet the requirements of subsection 2

97   of this section, the municipal clerk shall, within a reasonable time, return the

98   petition to the submitting party by hand delivery, first class mail, postage

99   prepaid or other efficient means of return and shall specify which requirements

100  have not been met.

101  4. After the close of the public hearing required pursuant to subsection

102  1 of this section, the governing body of the municipality may adopt an

103  ordinance approving the petition and establishing a district as set forth in the

104  petition and may determine, if requested in the petition, whether the district, or

105  any legally described portion thereof, constitutes a blighted area. If the

106  petition was filed by the governing body of a municipality pursuant to

107  subdivision (5) of subsection 2 of this section, after the close of the public

108  hearing required pursuant to subsection 1 of this section, the petition may be

109  approved by the governing body and an election shall be called pursuant to

110  section 67.1422.

111  5. Amendments to a petition may be made which do not change the

112  proposed boundaries of the proposed district if an amended petition meeting
SS #2 SCS HB 199                         39

113  the requirements of subsection 2 of this section is filed with the municipal

114  clerk at the following times and the following requirements have been met:

115  (1) At any time prior to the close of the public hearing required

116  pursuant to subsection 1 of this section; provided that, notice of the contents of

117  the amended petition is given at the public hearing;

118  (2) At any time after the public hearing and prior to the adoption of an

119  ordinance establishing the proposed district; provided that, notice of the

120  amendments to the petition is given by publishing the notice in a newspaper of

121  general circulation within the municipality and by sending the notice via

122  registered certified United States mail with a return receipt attached to the

123  address of record of each owner of record of real property within the

124  boundaries of the proposed district per the tax records of the county clerk, or

125  the collector of revenue if the district is located in a city not within a county.

126  Such notice shall be published and mailed not less than ten days prior to the

127  adoption of the ordinance establishing the district. Such notice shall also be

128  sent to the Missouri department of revenue, which shall publish such notice on

129  its website;

130  (3) At any time after the adoption of any ordinance establishing the

131  district a public hearing on the amended petition is held and notice of the

132  public hearing is given in the manner provided in section 67.1431 and the

133  governing body of the municipality in which the district is located adopts an

134  ordinance approving the amended petition after the public hearing is held.

135  6. Upon the creation of a district, the municipal clerk shall report in

136  writing the creation of such district to the Missouri department of economic

137  development and the state auditor.

138  7. (1) The governing body of the municipality or county establishing a

139  district or the governing body of such district shall, as soon as is practicable,

140  submit the following information to the state auditor and the department of

141  revenue:

142  (a) A description of the boundaries of such district as well as the rate

143  of property tax or sales tax levied in such district;

144  (b) Any amendments made to the boundaries of a district or the tax

145  rates levied in such district; and

146  (c) The date on which the district is to expire unless sooner terminated.

147  (2) The governing body of a community improvement district

148  established on or after August 28, 2022, shall not order any assessment to be

149  made on any real property located within a district and shall not levy any

150  property or sales tax until the information required by paragraph (a) of

151  subdivision (1) of this subsection has been submitted.]

             67.1421. 1. Upon receipt of a proper petition filed with its municipal clerk, the
2 governing body of the municipality in which the proposed district is located shall hold a
3 public hearing in accordance with section 67.1431 and may adopt an ordinance to establish
4 the proposed district.
SS #2 SCS HB 199                   40

5   2. A petition is proper if, based on the tax records of the county clerk, or the collector

6 of revenue if the district is located in a city not within a county, as of the time of filing the

7 petition with the municipal clerk, it meets the following requirements:

8   (1) It has been signed by property owners collectively owning more than fifty percent

9 by assessed value of the real property within the boundaries of the proposed district;

10  (2) It has been signed by more than fifty percent per capita of all owners of real

11 property within the boundaries of the proposed district; and

12  (3) It contains the following information:

13  (a) The legal description of the proposed district, including a map illustrating the

14 district boundaries;

15  (b) The name of the proposed district;

16  (c) A notice that the signatures of the signers may not be withdrawn later than seven

17 days after the petition is filed with the municipal clerk;

18  (d) A five-year plan stating a description of the purposes of the proposed district, the

19 services it will provide, each improvement it will make from the list of allowable

20 improvements under section 67.1461, an estimate of the costs of these services and

21 improvements to be incurred, the anticipated sources of funds to pay the costs, and the

22 anticipated term of the sources of funds to pay the costs;

23  (e) A statement as to whether the district will be a political subdivision or a not-for-

24 profit corporation and if it is to be a not-for-profit corporation, the name of the not-for-profit

25 corporation;

26  (f) If the district is to be a political subdivision, a statement as to whether the district

27 will be governed by a board elected by the district or whether the board will be appointed by

28 the municipality, and, if the board is to be elected by the district, the names and terms of the

29 initial board may be stated;

30  (g) If the district is to be a political subdivision, the number of directors to serve on

31 the board;

32  (h) The total assessed value of all real property within the proposed district;

33  (i) A statement as to whether the petitioners are seeking a determination that the

34 proposed district, or any legally described portion thereof, is a blighted area;

35  (j) The proposed length of time for the existence of the district, which in the case of

36 districts established after August 28, 2021, shall not exceed twenty-seven years from the

37 adoption of the ordinance establishing the district unless the municipality extends the length

38 of time under section 67.1481;

39  (k) The maximum rates of real property taxes, and, business license taxes in the

40 county seat of a county of the first classification without a charter form of government
SS #2 SCS HB 199                        41

41 containing a population of at least two hundred thousand, that may be submitted to the

42 qualified voters for approval;

43  (l) The maximum rates of special assessments and respective methods of assessment

44 that may be proposed by petition;

45  (m) The limitations, if any, on the borrowing capacity of the district;

46  (n) The limitations, if any, on the revenue generation of the district;

47  (o) Other limitations, if any, on the powers of the district;

48  (p) A request that the district be established; and

49  (q) Any other items the petitioners deem appropriate;

50  (4) The signature block for each real property owner signing the petition shall be in

51 substantially the following form and contain the following information:

52  Name of owner: ______

53  Owner's telephone number and mailing address: ______

54  If signer is different from owner:

55  Name of signer: ______

56  State basis of legal authority to sign: ______

57  Signer's telephone number and mailing address: ______

58  If the owner is an individual, state if owner is single or married: _____

59  If owner is not an individual, state what type of entity: ______

60  Map and parcel number and assessed value of each tract of real property

61  within the proposed district owned: ______

62  By executing this petition, the undersigned represents and warrants that he

63  or she is authorized to execute this petition on behalf of the property owner

64  named immediately above

65  __________________                                   __________________

66  Signature of person                                  Date

67  signing for owner

68  STATE OF MISSOURI                   )

69                                      ) ss.

70  COUNTY OF ______                    )

71  Before me personally appeared ______, to me personally known to be the

72  individual described in and who executed the foregoing instrument.

73  WITNESS my hand and official seal this ______ day of ______ (month), __

74  ____ (year).

75                                      _________________________

76                                      Notary Public

77  My Commission Expires: ______ ; [and]
SS #2 SCS HB 199                           42

78   (5) Alternatively, the governing body of any home rule city with more than four

79 hundred thousand inhabitants and located in more than one county may file a petition to

80 initiate the process to establish a district in the portion of the city located in any county of the

81 first classification with more than two hundred thousand but fewer than two hundred sixty

82 thousand inhabitants containing the information required in subdivision (3) of this subsection;

83 provided that the only funding methods for the services and improvements will be a real

84 property tax; and

85   (6) (a) As used in this subdivision, "entertainment district" means an area

86 located in a city not within a county, in the area locally known as the city's downtown or

87 central business district, that contains a minimum of one hundred acres and a

88 combination of entertainment venues including, but not limited to, venues such as

89 arenas, amusement centers, auditoriums, athletic facilities, bars, hotels, concert halls,

90 convention facilities, music venues, nightclubs, restaurants, and other entertainment

91 facilities.

92   (b) Notwithstanding any other provision of this section to the contrary, if the

93 district established is to be an entertainment district, the requirement in subdivision (2)

94 of subsection 2 of this section shall not apply.

95   3. Upon receipt of a petition the municipal clerk shall, within a reasonable time not to

96 exceed ninety days after receipt of the petition, review and determine whether the petition

97 substantially complies with the requirements of subsection 2 of this section. In the event the

98 municipal clerk receives a petition which does not meet the requirements of subsection 2 of

99 this section, the municipal clerk shall, within a reasonable time, return the petition to the

100 submitting party by hand delivery, first class mail, postage prepaid or other efficient means of

101 return and shall specify which requirements have not been met.

102  4. After the close of the public hearing required pursuant to subsection 1 of this

103 section, the governing body of the municipality may adopt an ordinance approving the

104 petition and establishing a district as set forth in the petition and may determine, if requested

105 in the petition, whether the district, or any legally described portion thereof, constitutes a

106 blighted area. If the petition was filed by the governing body of a municipality pursuant to

107 subdivision (5) of subsection 2 of this section, after the close of the public hearing required

108 pursuant to subsection 1 of this section, the petition may be approved by the governing body

109 and an election shall be called pursuant to section 67.1422.

110  5. Amendments to a petition may be made which do not change the proposed

111 boundaries of the proposed district if an amended petition meeting the requirements of

112 subsection 2 of this section is filed with the municipal clerk at the following times and the

113 following requirements have been met:
SS #2 SCS HB 199                       43

114           (1) At any time prior to the close of the public hearing required pursuant to subsection

115 1 of this section; provided that, notice of the contents of the amended petition is given at the

116 public hearing;

117           (2) At any time after the public hearing and prior to the adoption of an ordinance

118 establishing the proposed district; provided that, notice of the amendments to the petition is

119 given by publishing the notice in a newspaper of general circulation within the municipality

120 and by sending the notice via registered certified United States mail with a return receipt

121 attached to the address of record of each owner of record of real property within the

122 boundaries of the proposed district per the tax records of the county clerk, or the collector of

123 revenue if the district is located in a city not within a county. Such notice shall be published

124 and mailed not less than ten days prior to the adoption of the ordinance establishing the

125 district;

126           (3) At any time after the adoption of any ordinance establishing the district a public

127 hearing on the amended petition is held and notice of the public hearing is given in the

128 manner provided in section 67.1431 and the governing body of the municipality in which the

129 district is located adopts an ordinance approving the amended petition after the public hearing

130 is held.

131           6. Upon the creation of a district, the municipal clerk shall report in writing the

132 creation of such district to the Missouri department of economic development and the state

133 auditor.

              67.1461. 1. Each district shall have all the powers, except to the extent any such

2 power has been limited by the petition approved by the governing body of the municipality to

3 establish the district, necessary to carry out and effectuate the purposes and provisions of

4 sections 67.1401 to 67.1571 including, but not limited to, the following:

5             (1) To adopt, amend, and repeal bylaws, not inconsistent with sections 67.1401 to

6 67.1571, necessary or convenient to carry out the provisions of sections 67.1401 to 67.1571;

7             (2) To sue and be sued;

8             (3) To make and enter into contracts and other instruments, with public and private

9 entities, necessary or convenient to exercise its powers and carry out its duties pursuant to

10 sections 67.1401 to 67.1571;

11            (4) To accept grants, guarantees and donations of property, labor, services, or other

12 things of value from any public or private source;

13            (5) To employ or contract for such managerial, engineering, legal, technical, clerical,

14 accounting, or other assistance as it deems advisable;

15            (6) To acquire by purchase, lease, gift, grant, bequest, devise, or otherwise, any real

16 property within its boundaries, personal property, or any interest in such property;
SS #2 SCS HB 199                 44

17  (7) To sell, lease, exchange, transfer, assign, mortgage, pledge, hypothecate, or

18 otherwise encumber or dispose of any real or personal property or any interest in such

19 property;

20  (8) To levy and collect special assessments and taxes as provided in sections 67.1401

21 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt

22 from taxation pursuant to subdivision (5) of section 137.100. Those exempt pursuant to

23 subdivision (5) of section 137.100 may voluntarily participate in the provisions of sections

24 67.1401 to 67.1571;

25  (9) If the district is a political subdivision, to levy real property taxes and business

26 license taxes in the county seat of a county of the first classification containing a population

27 of at least two hundred thousand, as provided in sections 67.1401 to 67.1571. However, no

28 such assessments or taxes shall be levied on any property exempt from taxation pursuant to

29 subdivisions (2) and (5) of section 137.100. Those exempt pursuant to subdivisions (2) and

30 (5) of section 137.100 may voluntarily participate in the provisions of sections 67.1401 to

31 67.1571;

32  (10) If the district is a political subdivision, to levy sales taxes pursuant to sections

33 67.1401 to 67.1571;

34  (11) To fix, charge, and collect fees, rents, and other charges for use of any of the

35 following:

36  (a) The district's real property, except for public rights-of-way for utilities;

37  (b) The district's personal property, except in a city not within a county; or

38  (c) Any of the district's interests in such real or personal property, except for public

39 rights-of-way for utilities;

40  (12) To borrow money from any public or private source and issue obligations and

41 provide security for the repayment of the same as provided in sections 67.1401 to 67.1571;

42  (13) To loan money as provided in sections 67.1401 to 67.1571;

43  (14) To make expenditures, create reserve funds, and use its revenues as necessary to

44 carry out its powers or duties and the provisions and purposes of sections 67.1401 to 67.1571;

45  (15) To enter into one or more agreements with the municipality for the purpose of

46 abating any public nuisance within the boundaries of the district including, but not limited to,

47 the stabilization, repair or maintenance or demolition and removal of buildings or structures,

48 provided that the municipality has declared the existence of a public nuisance;

49  (16) Within its boundaries, to provide assistance to or to construct, reconstruct,

50 install, repair, maintain, and equip any of the following public improvements:

51  (a) Pedestrian or shopping malls and plazas;

52  (b) Parks, lawns, trees, and any other landscape;

53  (c) Convention centers, arenas, aquariums, aviaries, and meeting facilities;
SS #2 SCS HB 199                              45

54          (d) Sidewalks, streets, alleys, bridges, ramps, tunnels, overpasses and underpasses,

55 traffic signs and signals, utilities, drainage, water, storm and sewer systems, and other site

56 improvements;

57          (e) Parking lots, garages, or other facilities;

58          (f) Lakes, dams, and waterways;

59          (g) Streetscape, lighting, benches or other seating furniture, trash receptacles,

60 marquees, awnings, canopies, walls, and barriers;

61          (h) Telephone and information booths, bus stop and other shelters, rest rooms, and

62 kiosks;

63          (i) Paintings, murals, display cases, sculptures, and fountains;

64          (j) Music, news, and child-care facilities; and

65          (k) Any other useful, necessary, or desired public improvement specified in the

66 petition or any amendment;

67          (17) To dedicate to the municipality, with the municipality's consent, streets,

68 sidewalks, parks, and other real property and improvements located within its boundaries for

69 public use;

70          (18) Within its boundaries and with the municipality's consent, to prohibit or restrict

71 vehicular and pedestrian traffic and vendors on streets, alleys, malls, bridges, ramps,

72 sidewalks, and tunnels and to provide the means for access by emergency vehicles to or in

73 such areas;

74          (19) Within its boundaries, to operate or to contract for the provision of music, news,

75 child-care, or parking facilities, and buses, minibuses, or other modes of transportation;

76          (20) Within its boundaries, to lease space for sidewalk café tables and chairs;

77          (21) Within its boundaries, to provide or contract for the provision of security

78 personnel, equipment, or facilities for the protection of property and persons;

79          (22) Within its boundaries, to provide or contract for cleaning, maintenance, and

80 other services to public and private property;

81          (23) To produce and promote any tourism, recreational or cultural activity or special

82 event in the district by, but not limited to, advertising, decoration of any public place in the

83 district, promotion of such activity and special events, and furnishing music in any public

84 place;

85          (24) To support business activity and economic development in the district including,

86 but not limited to, the promotion of business activity, development and retention, and the

87 recruitment of developers and businesses;

88          (25) To provide or support training programs for employees of businesses within the

89 district;

90          (26) To provide refuse collection and disposal services within the district;
SS #2 SCS HB 199                                 46

91   (27) To contract for or conduct economic, planning, marketing or other studies;

92   (28) To repair, restore, or maintain any abandoned cemetery on public or private land

93 within the district; and

94   (29) To partner with a telecommunications company or broadband service provider in

95 order to construct or improve telecommunications facilities which shall be wholly owned and

96 operated by the telecommunications company or broadband service provider, as the terms

97 "telecommunications company" and "telecommunications facilities" are defined in section

98 386.020 and subject to the provisions of section 392.410, that are in an unserved or

99 underserved area, as defined in section 620.2450. Before any facilities are improved or

100 constructed as a result of this section, the area shall be certified as unserved or underserved by

101 the director of broadband development within the department of economic development;

102  (30) To carry out any other powers set forth in sections 67.1401 to 67.1571.

103  2. Each district which is located in a blighted area or which includes a blighted area

104 shall have the following additional powers:

105  (1) Within its blighted area, to contract with any private property owner to demolish

106 and remove, renovate, reconstruct, or rehabilitate any building or structure owned by such

107 private property owner; and

108  (2) To expend its revenues or loan its revenues pursuant to a contract entered into

109 pursuant to this subsection, provided that the governing body of the municipality has

110 determined that the action to be taken pursuant to such contract is reasonably anticipated to

111 remediate the blighting conditions and will serve a public purpose.

112  3. (1) Each district that is an entertainment district as defined in section 67.1421

113 shall have the power, except to the extent any such power has been limited by the

114 petition approved by the governing body of the municipality to establish the district, to

115 hire and train individuals who are peace officers certified by the POST commission, as

116 such terms are defined in section 590.010, to enforce the laws and rules of the state, the

117 municipality, the district, and any other political subdivision with territory within such

118 entertainment district including, but not limited to, laws and rules relating to curfews,

119 unaccompanied minors, public spaces, the operation of motor vehicles, and other

120 matters of public safety within such entertainment district.

121  (2) No district that is an entertainment district as defined in section 67.1421 shall

122 impose any tax under sections 67.1401 to 67.1571 or any other provision of law.

123  (3) Subdivision (2) of this subsection shall not be construed to prohibit a political

124 subdivision that is not the entertainment district from imposing or administering any

125 new or existing tax under state law within the boundaries of the entertainment district.

126  4. Each district shall annually reimburse the municipality for the reasonable and

127 actual expenses incurred by the municipality to establish such district and review annual
SS #2 SCS HB 199                              47

128 budgets and reports of such district required to be submitted to the municipality; provided

129 that, such annual reimbursement shall not exceed one and one-half percent of the revenues

130 collected by the district in such year.

131  [4.] 5. Nothing in sections 67.1401 to 67.1571 shall be construed to delegate to any

132 district any sovereign right of municipalities to promote order, safety, health, morals, and

133 general welfare of the public, except those such police powers, if any, expressly delegated

134 pursuant to sections 67.1401 to 67.1571.

135  [5.] 6. The governing body of the municipality establishing the district shall not

136 decrease the level of publicly funded services in the district existing prior to the creation of

137 the district or transfer the financial burden of providing the services to the district unless the

138 services at the same time are decreased throughout the municipality, nor shall the governing

139 body discriminate in the provision of the publicly funded services between areas included in

140 such district and areas not so included.

141  [6.] 7. All construction contracts entered into after August 28, 2021, in excess of five

142 thousand dollars between a district that has adopted a sales tax and any private person, firm,

143 or corporation shall be competitively bid and shall be awarded to the lowest and best bidder.

144 Notice of the letting of the contracts shall be given in the manner provided by section 8.250.

     67.1505. 1. As used in this section, the following terms mean:

2    (1) "Entertainment tourism", activities, services, and experiences designed for

3 leisure and enjoyment centered on athletic, recreational, and cultural events,

4 attractions, and enrichment, sponsored by any public or private entity, the provision

5 and enhancement of public safety and the provision of financial assistance to attract

6 sporting events, recreational, entertainment, or other meeting activities, either

7 professional or amateur, commercial or private;

8    (2) "State department", the office of administration and each department

9 created under Article IV, Section 12 of the Constitution of Missouri, excluding the

10 statewide elected officials listed in such section.

11   2. The state of Missouri hereby acknowledges the vital role entertainment

12 tourism plays in fostering the state's economic growth, providing substantial revenue,

13 creating jobs, and enhancing the state's cultural and social vitality.

14   3. (1) Each state department may, upon such terms and with reasonable

15 consideration as such state departments may determine, expend funds for the purpose

16 of promoting, developing, and supporting entertainment tourism within any district

17 designated as an entertainment district under section 67.1421 and for which application

18 is made and approved by the department of economic development no later than August

19 28, 2027.
SS #2 SCS HB 199               48

20        (2) Any annual expenditure by a state department for entertainment tourism

21 shall be limited to a portion of tax revenues derived directly or indirectly from any such

22 promotion, development, and support of entertainment tourism supported by such

23 annual expenditure within such designated entertainment district, as stated in an

24 agreement entered into between the district and the state department, subject to the

25 following:

26        (a) The term of state appropriations under any such agreement shall not exceed

27 twenty-seven years;

28        (b) The annual amount of the state appropriations authorized under this section

29 shall not exceed two million five hundred thousand dollars per year for any fiscal year

30 ending on or before June 30, 2031, and four million five hundred thousand dollars per

31 year for any fiscal year thereafter. No such appropriation shall be made prior to July 1,

32 2026;

33        (c) Any such promotion, development, and support of entertainment tourism

34 shall be determined to produce a positive net fiscal impact for the state over the term of

35 such agreement, with such public or private assurances as the director of the

36 department of economic development may reasonably require; and

37        (d) The director of the department of economic development shall make an

38 annual written report on behalf of such department to the governor and the general

39 assembly within ninety days of the end of each fiscal year detailing whether such

40 promotion, development, and support of entertainment tourism produced a positive net

41 fiscal impact for the state in the prior fiscal year and projecting the overall net fiscal

42 impact to the state over the term of such agreement.

          67.1521. 1. A district may levy by resolution one or more special assessments against

2 real property within its boundaries, upon receipt of and in accordance with a petition signed

3 by:

4         (1) Owners of real property collectively owning more than fifty percent by assessed

5 value of real property within the boundaries of the district; and

6         (2) More than fifty percent per capita of the owners of all real property within the

7 boundaries of the district.

8         2. The special assessment petition shall be in substantially the following form:

9         The ______ (insert name of district) Community Improvement District ("District" )

10 shall be authorized to levy special assessments against real property benefitted within the

11 district for the purpose of providing revenue for ______ (insert general description of specific

12 service and/or projects) in the district, such special assessments to be levied against each tract,

13 lot or parcel of real property listed below within the district which receives special benefit as a

14 result of such service and/or projects, the cost of which shall be allocated among this property
SS #2 SCS HB 199                          49

15 by ______ (insert method of allocation, e.g., per square foot of property, per square foot on

16 each square foot of improvement, or by abutting foot of property abutting streets, roads,

17 highways, parks or other improvements, or any other reasonable method) in an amount not to

18 exceed ______ dollars per (insert unit of measure). Such authorization to levy the special

19 assessment shall expire on ______ (insert date). The tracts of land located in the district

20 which will receive special benefit from this service and/or projects are: ______ (list of

21 properties by common addresses and legal descriptions).

22  3. The method for allocating such special assessments set forth in the petition may be

23 any reasonable method which results in imposing assessments upon real property benefitted

24 in relation to the benefit conferred upon each respective tract, lot or parcel of real property

25 and the cost to provide such benefit.

26  4. By resolution of the board, the district may levy a special assessment rate lower

27 than the rate ceiling set forth in the petition authorizing the special assessment and may

28 increase such lowered special assessment rate to a level not exceeding the special assessment

29 rate ceiling set forth in the petition without further approval of the real property owners;

30 provided that a district imposing a special assessment pursuant to this section may not repeal

31 or amend such special assessment or lower the rate of such special assessment if such repeal,

32 amendment or lower rate will impair the district's ability to pay any liabilities that it has

33 incurred, money that it has borrowed or obligations that it has issued.

34  5. Each special assessment which is due and owing shall constitute a perpetual lien

35 against each tract, lot or parcel of property from which it is derived. Such lien may be

36 foreclosed in the same manner as any other special assessment lien as provided in section

37 88.861. Notwithstanding the provisions of this subsection and section 67.1541 to the

38 contrary, the county collector may, upon certification by the district for collection, add each

39 special assessment to the annual real estate tax bill for the property and collect the assessment

40 in the same manner the collector uses for real estate taxes. Any special assessment remaining

41 unpaid on the first day of January annually is delinquent and enforcement of collection of the

42 delinquent bill by the county collector shall be governed by the laws concerning delinquent

43 and back taxes. The lien may be foreclosed in the same manner as a tax upon real property by

44 land tax sale under chapter 140 or, if applicable to that county, chapter 141.

45  6. A separate fund or account shall be created by the district for each special

46 assessment levied and each fund or account shall be identifiable by a suitable title. The

47 proceeds of such assessments shall be credited to such fund or account. Such fund or account

48 shall be used solely to pay the costs incurred in undertaking the specified service or project.

49  7. Upon completion of the specified service or project or both, the balance remaining

50 in the fund or account established for such specified service or project or both shall be
SS #2 SCS HB 199                 50

51 returned or credited against the amount of the original assessment of each parcel of property

52 pro rata based on the method of assessment of such special assessment.

53  8. Any funds in a fund or account created pursuant to this section which are not

54 needed for current expenditures may be invested by the board in accordance with applicable

55 laws relating to the investment of funds of the city in which the district is located.

56  9. The authority of the district to levy special assessments shall be independent of the

57 limitations and authorities of the municipality in which it is located; specifically, the

58 provisions of section 88.812 shall not apply to any district.

59  10. Notwithstanding any provision of law to the contrary, all property owned by

60 an entity that is exempt from taxation under 26 U.S.C. 501(c), as amended, shall be

61 exempt from any special assessment levied by a district under this section so long as the

62 property is used in furtherance of the entity's tax exempt purposes.

    67.2500. 1. A theater, cultural arts, and entertainment district may be established in

2 the manner provided in section 67.2505 by the governing body of any county, city, town, or

3 village that has adopted transect-based zoning under chapter 89, any county described in this

4 subsection, or any city, town, or village that is within such counties:

5   (1) Any county with a charter form of government and with more than two hundred

6 fifty thousand but less than three hundred fifty thousand inhabitants;

7   (2) Any county of the first classification with more than ninety-three thousand eight

8 hundred but fewer than ninety-three thousand nine hundred inhabitants;

9   (3) Any county of the first classification with more than one hundred eighty-four

10 thousand but fewer than one hundred eighty-eight thousand inhabitants;

11  (4) Any county with a charter form of government and with more than six hundred

12 thousand but fewer than seven hundred thousand inhabitants;

13  (5) Any county of the first classification with more than one hundred thirty-five

14 thousand four hundred but fewer than one hundred thirty-five thousand five hundred

15 inhabitants;

16  (6) Any county of the first classification with more than one hundred four thousand

17 six hundred but fewer than one hundred four thousand seven hundred inhabitants;

18  (7) Any county of the first classification with more than eighty-three thousand but

19 fewer than ninety-two thousand inhabitants and with a home rule city with more than seventy-

20 six thousand but fewer than ninety-one thousand inhabitants as the county seat; or

21  (8) Any county that borders on or that contains part of a lake with at least one

22 thousand miles of shoreline.

23  2. Sections 67.2500 to 67.2530 shall be known as the "Theater, Cultural Arts, and

24 Entertainment District Act".

25  3. As used in sections 67.2500 to 67.2530, the following terms mean:
SS #2 SCS HB 199  51

26  (1) "District", a theater, cultural arts, and entertainment district organized under this

27 section;

28  (2) "Qualified electors", "qualified voters", or "voters", registered voters residing

29 within the district or subdistrict, or proposed district or subdistrict, who have registered to

30 vote pursuant to chapter 115 or, if there are no persons eligible to be registered voters residing

31 in the district or subdistrict, proposed district or subdistrict, property owners, including

32 corporations and other entities, that are owners of real property;

33  (3) "Registered voters", persons qualified and registered to vote pursuant to chapter

34 115; and

35  (4) "Subdistrict", a subdivision of a district, but not a separate political subdivision,

36 created for the purposes specified in subsection 5 of section 67.2505.

    67.5050. 1. As used in this section, the following terms mean:

2   (1) "Construction manager", the legal entity that proposes to enter into a construction

3 [management-at-risk] manager-at-risk contract under this section;

4   (2) "Construction manager-at-risk", a sole proprietorship, partnership, corporation, or

5 other legal entity that assumes the risk for the construction, rehabilitation, alteration, or repair

6 of a project at the contracted price as a general contractor and provides consultation to a

7 political subdivision regarding construction during and after the design of the project.

8   2. Any political subdivision may use the construction manager-at-risk method for:

9 civil works projects such as roads, streets, bridges, utilities, water supply projects, water

10 plants, wastewater plants, water distribution and wastewater conveyance facilities, airport

11 runways and taxiways, storm drainage and flood control projects, or transit projects

12 commonly designed by professional engineers in excess of two million dollars; and noncivil

13 works projects such as buildings, site improvements, and other structures, habitable or not,

14 commonly designed by architects in excess of three million dollars. In using that method and

15 in entering into a contract for the services of a construction manager-at-risk, the political

16 subdivision shall follow the procedures prescribed by this section.

17  3. The political subdivision shall publicly disclose at a regular meeting its intent to

18 utilize the construction [management at-risk] manager-at-risk method and its selection

19 criteria at least one week prior to publishing the request for qualifications. Before or

20 concurrently with selecting a construction manager-at-risk, the political subdivision shall

21 select or designate an engineer or architect who shall prepare the construction documents for

22 the project and who shall comply with all state laws, as applicable. If the engineer or

23 architect is not a full-time employee of the political subdivision, the political subdivision shall

24 select the engineer or architect on the basis of demonstrated competence and qualifications as

25 provided by sections 8.285 to 8.291. The political subdivision's engineer or architect for a

26 project may not serve, alone or in combination with another, as the construction manager-at-
SS #2 SCS HB 199               52

27 risk. This subsection does not prohibit a political subdivision's engineer or architect from

28 providing customary construction phase services under the engineer's or architect's original

29 professional service agreement in accordance with applicable licensing laws.

30  4. The political subdivision may provide or contract for, independently of the

31 construction manager-at-risk, inspection services, testing of construction materials,

32 engineering, and verification of testing services necessary for acceptance of the project by

33 the political subdivision.

34  5. The political subdivision shall select the construction manager-at-risk in a two-step

35 process. The political subdivision shall prepare a request for qualifications, for the case of the

36 first step of the two-step process, that includes general information on the project site, project

37 scope, schedule, selection criteria, and the time and place for receipt of proposals or

38 qualifications, as applicable, and other information that may assist the political subdivision in

39 its selection of a construction manager-at-risk. The political subdivision shall state the

40 selection criteria in the request for proposals or qualifications, as applicable. The selection

41 criteria may include the construction manager's experience, past performance, safety record,

42 proposed personnel and methodology, and other appropriate factors that demonstrate the

43 capability of the construction manager-at-risk. The political subdivision shall not request fees

44 or prices in step one. In step two, the political subdivision may request that five or fewer

45 construction managers, selected solely on the basis of qualifications, provide additional

46 information, including the construction manager-at-risk's proposed fee and its price for

47 fulfilling the general conditions. Qualifications shall account for a minimum of forty percent

48 of the evaluation. Cost shall account for a maximum of sixty percent of the evaluation.

49  6. The political subdivision shall publish the request for proposals or qualifications by

50 publication in a newspaper of general circulation published in the county where the political

51 subdivision is located once a week for two consecutive weeks prior to opening the proposals

52 or qualifications submissions or by a virtual notice procedure that notifies interested parties

53 for at least twenty various purchases, design contracts, construction contracts, or other

54 contracts each year for the political subdivision.

55  7. For each step, the political subdivision shall receive, publicly open, and read aloud

56 the names of the construction managers. Within forty-five days after the date of opening the

57 proposals or qualification submissions, the political subdivision or its representative shall

58 evaluate and rank each proposal or qualification submission submitted in relation to the

59 criteria set forth in the request for proposals or request for qualifications. The political

60 subdivision shall interview at least two of the top qualified offerors as part of the final

61 selection.

62  8. The political subdivision or its representative shall select the construction manager

63 that submits the proposal that offers the best value for the political subdivision based on the
SS #2 SCS HB 199                       53

64 published selection criteria and on its ranking evaluation. The political subdivision or its

65 representative shall first attempt to negotiate a contract with the selected construction

66 manager. If the political subdivision or its representative is unable to negotiate a satisfactory

67 contract with the selected construction manager, the political subdivision or its representative

68 shall, formally and in writing, end negotiations with that construction manager and proceed to

69 negotiate with the next construction manager in the order of the selection ranking until a

70 contract is reached or negotiations with all ranked construction managers end.

71  9. A construction manager-at-risk shall publicly advertise, in the manner prescribed

72 by chapter 50, and receive bids or proposals from trade contractors or subcontractors for the

73 performance of all major elements of the work other than the minor work that may be

74 included in the general conditions. A construction manager-at-risk may seek to perform

75 portions of the work itself if the construction manager-at-risk submits its sealed bid or sealed

76 proposal for those portions of the work in the same manner as all other trade contractors or

77 subcontractors. All sealed bids or proposals shall be submitted at the time and location as

78 specified in the advertisement for bids or proposals and shall be publicly opened and the

79 identity of each bidder and their bid amount shall be read aloud. The political subdivision

80 shall have the authority to restrict the construction manager-at-risk from submitting bids to

81 perform portions of the work.

82  10. The construction manager-at-risk and the political subdivision or its

83 representative shall review all trade contractor, subcontractor, or construction manager-at-

84 risk bids or proposals in a manner that does not disclose the contents of the bid or proposal

85 during the selection process to a person not employed by the construction manager-at-risk,

86 engineer, architect, or political subdivision involved with the project. If the construction

87 manager-at-risk submitted bids or proposals, the political subdivision shall determine if the

88 construction manager-at-risk's bid or proposal offers the best value for the political

89 subdivision. After all proposals have been evaluated and clarified, the award of all

90 subcontracts shall be made public.

91  11. If the construction manager-at-risk reviews, evaluates, and recommends to the

92 political subdivision a bid or proposal from a trade contractor or subcontractor but the

93 political subdivision requires another bid or proposal to be accepted, the political subdivision

94 shall compensate the construction manager-at-risk by a change in price, time, or guaranteed

95 maximum cost for any additional cost and risk that the construction manager-at-risk may

96 incur because of the political subdivision's requirement that another bid or proposal be

97 accepted.

98  12. If a selected trade contractor or subcontractor materially defaults in the

99 performance of its work or fails to execute a subcontract after being selected in accordance

100 with this section, the construction manager-at-risk may itself, without advertising, fulfill the
SS #2 SCS HB 199                           54

101 contract requirements or select a replacement trade contractor or subcontractor to fulfill the

102 contract requirements. The penal sums of the performance and payment bonds delivered to

103 the political subdivision shall each be in an amount equal to the fixed contract amount or

104 guaranteed maximum price. The construction manager-at-risk shall deliver the bonds not

105 later than the tenth day after the date the fixed contract amount or guaranteed maximum price

106 is established.

107  13. Any political subdivision engaged in a project under this section, which impacts a

108 railroad regulated by the Federal Railroad Administration, shall consult with the affected

109 railroad on required specifications relating to clearance, safety, insurance, and

110 indemnification to be included in the construction documents for such project.

111  14. This section shall not apply to:

112          (1) Any metropolitan sewer district established under Article VI, Section 30(a) of the

113 Constitution of Missouri;

114  (2) Any special charter city, or any city or county governed by home rule under

115 Article VI, [Section 18] Sections 18(a) to 18(r) or 19 of the Constitution of Missouri that has

116 adopted a construction manager-at-risk method via ordinance, rule or regulation.

117  [15. Notwithstanding the provisions of section 23.253 to the contrary, the provisions

118 of this section shall expire September 1, 2026.]

     67.5060. 1. As used in this section, the following terms mean:

2    (1) "Design-build", a project delivery method subject to a three-stage qualifications-

3 based selection for which the design and construction services are furnished under one

4 contract;

5    (2) "Design-build contract", a contract which is subject to a three-stage qualifications-

6 based selection process similar to that described in sections 8.285 to 8.291 between a political

7 subdivision and a design-builder to furnish the architectural, engineering, and related design

8 services and the labor, materials, supplies, equipment, and other construction services

9 required for a design-build project;

10   (3) "Design-build project", the design, construction, alteration, addition, remodeling,

11 or improvement of any buildings or facilities under contract with a political subdivision.

12 Such design-build projects include, but are not limited to:

13           (a) Civil works projects, such as roads, streets, bridges, utilities, airport runways and

14 taxiways, storm drainage and flood control projects, or transit projects; and

15           (b) Noncivil works projects, such as buildings, site improvements, and other

16 structures, habitable or not, commonly designed by architects in excess of seven million

17 dollars;

18   (4) "Design-builder", any individual, partnership, joint venture, or corporation subject

19 to a qualification-based selection that offers to provide or provides design services and
SS #2 SCS HB 199                           55

20 general contracting services through a design-build contract in which services within the

21 scope of the practice of professional architecture or engineering are performed respectively

22 by a licensed architect or licensed engineer and in which services within the scope of general

23 contracting are performed by a general contractor or other legal entity that furnishes

24 architecture or engineering services and construction services either directly or through

25 subcontracts or joint ventures;

26  (5) "Design criteria consultant", a person, corporation, partnership, or other legal

27 entity duly licensed and authorized to practice architecture or professional engineering in this

28 state under chapter 327 who is employed by or contracted by the political subdivision to assist

29 the political subdivision in the development of project design criteria, requests for proposals,

30 evaluation of proposals, the evaluation of the construction under a design-build contract to

31 determine adherence to the design criteria, and any additional services requested by the

32 political [subdivisions] subdivision to represent its interests in relation to a project. The

33 design criteria consultant may not submit a proposal or furnish design or construction services

34 for the design-build contract for which its services were sought;

35  (6) "Design criteria package", performance-oriented program, scope, and

36 specifications for the design-build project sufficient to permit a design-builder to prepare a

37 response to a political subdivision's request for proposals for a design-build project, which

38 may include capacity, durability, standards, ingress and egress requirements, performance

39 requirements, description of the site, surveys, soil and environmental information concerning

40 the site, interior space requirements, material quality standards, design and construction

41 schedules, site development requirements, provisions for utilities, storm water retention and

42 disposal, parking requirements, applicable governmental code requirements, preliminary

43 designs for the project or portions thereof, and other criteria for the intended use of the

44 project;

45  (7) "Design professional services", services that are:

46  (a) Within the practice of architecture as defined in section 327.091, or within the

47 practice of professional engineering as defined in section 327.181; or

48  (b) Performed by a licensed or authorized architect or professional engineer in

49 connection with the architect's or professional engineer's employment or practice;

50  (8) "Proposal", an offer in response to a request for proposals by a design-builder to

51 enter into a design-build contract for a design-build project under this section;

52  (9) "Request for proposal", the document by which the political subdivision solicits

53 proposals for a design-build contract;

54  (10) "Stipend", an amount paid to the unsuccessful but responsive, short-listed

55 design-builders to defray the cost of participating in phase II of the selection process

56 described in this section.
SS #2 SCS HB 199                       56

57  2. In using a design-build contract, the political subdivision shall determine the scope

58 and level of detail required to permit qualified persons to submit proposals in accordance with

59 the request for proposals given the nature of the project.

60  3. A design criteria consultant shall be employed or retained by the political

61 subdivision to assist in preparation of the design criteria package and request for proposal,

62 perform periodic site visits to observe adherence to the design criteria, prepare progress

63 reports, review and approve progress and final pay applications of the design-builder, review

64 shop drawings and submissions, provide input in disputes, help interpret the construction

65 documents, perform inspections upon substantial and final completion, assist in warranty

66 inspections, and provide any other professional service assisting with the project

67 administration. The design criteria consultant may also evaluate construction as to the

68 adherence of the design criteria. The consultant shall be selected and its contract negotiated

69 in compliance with sections 8.285 to 8.291 unless the consultant is a direct employee of the

70 political subdivision.

71  4. The political subdivision shall publicly disclose at a regular meeting its intent to

72 utilize the design-build method and its project design criteria at least one week prior to

73 publishing the request for proposals. Notice of requests for proposals shall be advertised by

74 publication in a newspaper of general circulation published in the county where the political

75 subdivision is located once a week for two consecutive weeks prior to opening the proposals,

76 or by a virtual notice procedure that notifies interested parties for at least twenty various

77 purchases, design contracts, construction contracts, or other contracts each year for the

78 political subdivision. The political subdivision shall publish a notice of a request for proposal

79 with a description of the project, the procedures for submission, and the selection criteria to

80 be used.

81  5. The political subdivision shall establish in the request for proposal a time, place,

82 and other specific instructions for the receipt of proposals. Proposals not submitted in strict

83 accordance with the instructions shall be subject to rejection.

84  6. A request for proposal shall be prepared for each design-build contract containing

85 at minimum the following elements:

86  (1) The procedures to be followed for submitting proposals, the criteria for evaluating

87 proposals and their relative weight, and the procedures for making awards;

88  (2) The proposed terms and conditions for the design-build contract, if available;

89  (3) The design criteria package;

90  (4) A description of the drawings, specifications, or other information to be submitted

91 with the proposal, with guidance as to the form and level of completeness of the drawings,

92 specifications, or other information that will be acceptable;
SS #2 SCS HB 199                               57

93   (5) A schedule for planned commencement and completion of the design-build

94 contract, if any;

95   (6) Budget limits for the design-build contract, if any;

96   (7) Requirements including any available ratings for performance bonds, payment

97 bonds, and insurance, if any;

98   (8) The amount of the stipend which will be available; and

99   (9) Any other information that the political subdivision in its discretion chooses to

100 supply including, but not limited to, surveys, soil reports, drawings of existing structures,

101 environmental studies, photographs, references to public records, or affirmative action and

102 minority business enterprise requirements consistent with state and federal law.

103  7. The political subdivision shall solicit proposals in a three-stage process. Phase I

104 shall be the solicitation of qualifications of the design-build team. Phase II shall be the

105 solicitation of a technical proposal including conceptual design for the project. Phase III shall

106 be the proposal of the construction cost.

107  8. The political subdivision shall review the submissions of the proposals and assign

108 points to each proposal in accordance with this section and as set out in the instructions of the

109 request for proposal.

110  9. Phase I shall require all design-builders to submit a statement of qualification that

111 shall include, but not be limited to:

112  (1) Demonstrated ability to perform projects comparable in design, scope, and

113 complexity;

114  (2) References of owners for whom design-build projects, construction projects, or

115 design projects have been performed;

116  (3) Qualifications of personnel who will manage the design and construction aspects

117 of the project; and

118  (4) The names and qualifications of the primary design consultants and the primary

119 trade contractors with whom the design-builder proposes to subcontract or joint venture. The

120 design-builder [may] shall not replace an identified contractor, subcontractor, design

121 consultant, or subconsultant without the written approval of the political subdivision.

122  10. The political subdivision shall evaluate the qualifications of all the design-

123 builders who submitted proposals in accordance with the instructions of the request for

124 proposal. Architectural and engineering services on the project shall be evaluated in

125 accordance with the requirements of sections 8.285 and 8.291. Qualified design-builders

126 selected by the evaluation team may proceed to phase II of the selection process. Design-

127 builders lacking the necessary qualifications to perform the work shall be disqualified and

128 shall not proceed to phase II of the process. This process of short listing shall narrow the

129 number of qualified design-builders to not more than five nor fewer than two. Under no
SS #2 SCS HB 199                             58

130 circumstances shall price or fees be a part of the prequalification criteria. Design-builders

131 may be interviewed in either phase I or phase II of the process. Points assigned in phase I of

132 the evaluation process shall not carry forward to phase II of the process. All qualified design-

133 builders shall be ranked on points given in phases II and III only.

134      11. The political subdivision shall have discretion to disqualify any design-builder

135 who, in the political subdivision's opinion, lacks the minimum qualifications required to

136 perform the work.

137      12. Once a sufficient number of no more than five and no fewer than two qualified

138 design-builders have been selected, the design-builders shall have a specified amount of time

139 in which to assemble phase II and phase III proposals.

140      13. Phase II of the process shall be conducted as follows:

141      (1) The political subdivision shall invite the top qualified design-builders to

142 participate in phase II of the process;

143      (2) A design-builder shall submit its design for the project to the level of detail

144 required in the request for proposal. The design proposal shall demonstrate compliance with

145 the requirements set out in the request for proposal;

146      (3) The ability of the design-builder to meet the schedule for completing a project as

147 specified by the political subdivision may be considered as an element of evaluation in phase

148 II;

149      (4) Up to twenty percent of the points awarded to each design-builder in phase II may

150 be based on each design-builder's qualifications and ability to design, contract, and deliver the

151 project on time and within the budget of the political subdivision;

152      (5) Under no circumstances shall the design proposal contain any reference to the cost

153 of the proposal; and

154      (6) The submitted designs shall be evaluated and assigned points in accordance with

155 the requirements of the request for proposal. Phase II shall account for not less than forty

156 percent of the total point score as specified in the request for proposal.

157      14. Phase III shall be conducted as follows:

158      (1) The phase III proposal shall provide a firm, fixed cost of design and construction.

159 The proposal shall be accompanied by bid security and any other items, such as statements of

160 minority participation as required by the request for proposal;

161      (2) Cost proposals shall be submitted in accordance with the instructions of the

162 request for proposal. The political subdivision shall reject any proposal that is not submitted

163 on time. Phase III shall account for not less than forty percent of the total point score as

164 specified in the request for proposal;

165      (3) Proposals for phase II and phase III shall be submitted concurrently at the time

166 and place specified in the request for proposal, but in separate envelopes or other means of
SS #2 SCS HB 199                        59

167 submission. The phase III cost proposals shall be opened only after the phase II design

168 proposals have been evaluated and assigned points, ranked in order, and posted;

169  (4) Cost proposals shall be opened and read aloud at the time and place specified in

170 the request for proposal. At the same time and place, the evaluation team shall make public

171 its scoring of phase II. Cost proposals shall be evaluated in accordance with the requirements

172 of the request for proposal. In evaluating the cost proposals, the lowest responsive bidder

173 shall be awarded the total number of points assigned to be awarded in phase III. For all other

174 bidders, cost points shall be calculated by reducing the maximum points available in phase III

175 by at least one percent for each percentage point by which the bidder exceeds the lowest bid

176 and the points assigned shall be added to the points assigned for phase II for each design-

177 builder;

178  (5) If the political subdivision determines that it is not in the best interest of the

179 political subdivision to proceed with the project pursuant to the proposal offered by the

180 design-builder with the highest total number of points, the political subdivision shall reject all

181 proposals. In this event, all qualified and responsive design-builders with lower point totals

182 shall receive a stipend and the responsive design-builder with the highest total number of

183 points shall receive an amount equal to two times the stipend. If the political subdivision

184 decides to award the project, the responsive design-builder with the highest number of points

185 shall be awarded the contract; and

186  (6) If all proposals are rejected, the political subdivision may solicit new proposals

187 using different design criteria, budget constraints, or qualifications.

188  15. As an inducement to qualified design-builders, the political subdivision shall pay

189 a reasonable stipend, the amount of which shall be established in the request for proposal, to

190 each prequalified design-builder whose proposal is responsive but not accepted. Such stipend

191 shall be no less than one-half of one percent of the total project budget. Upon payment of the

192 stipend to any unsuccessful design-builder, the political subdivision shall acquire a

193 nonexclusive right to use the design submitted by the design-builder, and the design-

194 builder shall have no further liability for the use of the design by the political subdivision in

195 any manner. If the design-builder desires to retain all rights and interest in the design

196 proposed, the design-builder shall forfeit the stipend.

197  16. (1) As used in this subsection, "wastewater or water contract" means any design-

198 build contract that involves the provision of engineering and construction services either

199 directly by a party to the contract or through subcontractors retained by a party to the contract

200 for a wastewater or water storage, conveyance, or treatment facility project.

201  (2) Any political subdivision may enter into a wastewater or water contract for

202 design-build of a wastewater or water project.
SS #2 SCS HB 199                              60

203  (3) In disbursing community development block grants under 42 U.S.C. Sections

204 5301 to 5321, the department of economic development shall not reject wastewater or water

205 projects solely for utilizing wastewater or water contracts.

206  (4) The department of natural resources shall not preclude wastewater or water

207 contracts from consideration for funding provided by the water and wastewater loan fund

208 under section 644.122.

209  (5) A political subdivision planning a wastewater or water design-build project shall

210 retain an engineer duly licensed in this state to assist in preparing any necessary documents

211 and specifications and evaluations of design-build proposals.

212  17. The payment bond requirements of section 107.170 shall apply to the design-

213 build project. All persons furnishing design services shall be deemed to be covered by the

214 payment bond the same as any person furnishing labor and materials. The performance bond

215 for the design-builder shall not cover any damages of the type specified to be covered by the

216 professional liability insurance established by the political subdivision in the request for

217 proposals.

218  18. Any person or firm performing architectural, engineering, landscape architecture,

219 or land-surveying services for the design-builder on the design-build project shall be duly

220 licensed or authorized in this state to provide such services as required by chapter 327.

221  19. Any political subdivision engaged in a project under this section which impacts a

222 railroad regulated by the Federal Railroad Administration shall consult with the affected

223 railroad on required specifications relating to clearance, safety, insurance, and

224 indemnification to be included in the construction documents for such project.

225  20. Under section 327.465, any design-builder that enters into a design-build contract

226 with a political subdivision is exempt from the requirement that such person or entity hold a

227 license or that such corporation hold a certificate of authority if the architectural, engineering,

228 or land-surveying services to be performed under the design-build contract are performed

229 through subcontracts or joint ventures with properly licensed or authorized persons or entities,

230 and not performed by the design-builder or its own employees.

231  21. This section shall not apply to:

232  (1) Any metropolitan sewer district established under Article VI, Section 30(a) of the

233 Constitution of Missouri; or

234  (2) Any special charter city, or any city or county governed by home rule under

235 Article VI, [Section 18] Sections 18(a) to 18(r) or 19 of the Constitution of Missouri that has

236 adopted a design-build process via ordinance, rule, or regulation.

237  [22. The authority to use design-build and design-build contracts provided under this

238 section shall expire September 1, 2026.]
SS #2 SCS HB 199                               61

    68.080. 1. There is hereby established in the state treasury the "Waterways and Ports

2 Trust Fund". The fund shall consist of revenues appropriated to it by the general assembly.

3   2. The fund may also receive any gifts, contributions, grants, or bequests received

4 from federal, private, or other sources.

5   3. The fund shall be a revolving trust fund exempt from the provisions of section

6 33.080 relating to the transfer of unexpended balances by the state treasurer to the general

7 revenue fund of the state. All interest earned upon the balance in the fund shall be deposited

8 to the credit of the fund.

9   4. Moneys in the fund shall be withdrawn only at the request of a Missouri port

10 authority for statutorily permitted port purposes and upon appropriation by the general

11 assembly, to be administered by the state highways and transportation commission and the

12 department of transportation, in consultation with Missouri public ports, for the purposes in

13 subsection 2 of section 68.035 and for no other purpose. To be eligible to receive an

14 appropriation from the fund, a project shall be:

15  (1) A capital improvement project implementing physical improvements designed to

16 improve commerce or terminal and transportation facilities on or adjacent to the navigable

17 rivers of this state;

18  (2) Located on land owned or held in long-term lease by a Missouri port authority, or

19 on land owned by a city not within a county and managed by a Missouri port authority,

20 or within a navigable river adjacent to such land, and within the boundaries of a port

21 authority;

22  (3) Funded by alternate sources so that moneys from the fund comprise no more than

23 eighty percent of the cost of the project;

24  (4) Selected and approved by the highways and transportation commission, in

25 consultation with Missouri public ports, to support a statewide plan for waterborne

26 commerce, in accordance with subdivision (1) of section 68.065; and

27  (5) Capable of completion within two years of approval by the highways and

28 transportation commission.

29  5. Appropriations made from the fund established in this section may be used as a

30 local share in applying for other grant programs.

31  6. The provisions of this section shall terminate on August 28, 2033, pending the

32 discharge of all warrants. On December 31, 2033, the fund shall be dissolved and the

33 unencumbered balance shall be transferred to the general revenue fund.

    77.150. In addition to other powers, the mayor and council of cities of the third class

2 are hereby authorized and empowered to acquire by gift, devise, purchase or condemnation,

3 within such cities or within a mile thereof, such real and personal property as may be

4 necessary or desirable for the purpose of the erection or construction of dams, lake and flood
SS #2 SCS HB 199                             62

5 protection systems, bathhouses, therapeutic bathhouses, mineral water vending houses and in

6 connection therewith, auditoriums and lecture rooms and for the laying of pipelines for the

7 distribution of mineral waters and to so acquire, improve and operate mineral springs and

8 wells, and to construct all necessary and appropriate buildings and works therefor, and to do

9 any and all things necessary to maintain and operate said properties so acquired and

10 constructed as a self-liquidating revenue producing public project, and for that purpose to

11 lease or convey the same[; provided such properties shall be so acquired, constructed and

12 thereafter maintained and operated without increasing the indebtedness of such city and shall

13 not be paid for, maintained or operated by taxes, either general or special].

         79.235. 1. Notwithstanding any other provision of law to the contrary, for any

2 city of the fourth classification with fewer than three thousand inhabitants, if a statute

3 or ordinance authorizes the mayor of such city to appoint a member of a nonelected

4 board or commission, any requirement that the appointed person be a resident of the

5 city shall be deemed satisfied if the person owns real property or a business in the city,

6 regardless of whether the position to which the appointment is made is considered an

7 officer of the city under section 79.250.

8        2. Notwithstanding any other provision of law to the contrary, for any city of the

9 fourth classification with fewer than three thousand inhabitants, if a statute or

10 ordinance authorizes the mayor of such city to appoint a member of a nonelected board

11 that manages a municipal utility of the city, any requirement that the appointed person

12 be a resident of the city shall be deemed satisfied if all of the following conditions are

13 met:

14       (1) The board has no authority to set utility rates or to issue bonds;

15       (2) The person resides within five miles of the city limits;

16       (3) The person owns real property or a business in the city;

17       (4) The person or the person's business is a customer of a public utility, as

18 described under section 91.450, managed by the board; and

19       (5) The person has no pecuniary interest in, and is not an employee or board

20 member of, any utility or other entity that offers the same kind of service as the utility

21 managed by the board.

22       3. The provisions of this section shall not apply to any city within a county with

23 more than one million inhabitants.

         82.1025. 1. Sections 82.1025, 82.1027 and 82.1030 apply to a nuisance located

2 within the boundaries of:

3        (1) Any city not within a county [or in];

4        (2) Any home rule city with at least three hundred fifty thousand inhabitants which is

5 located in more than one county;
SS #2 SCS HB 199                            63

6   (3) Any home rule city with more than one hundred sixty thousand but fewer

7 than two hundred thousand inhabitants; or

8   (4) Any home rule city with more than seventy-one thousand but fewer than

9 seventy-nine thousand inhabitants.

10  2. Any property owner who owns property within one thousand two hundred feet of a

11 parcel of property [which] that is alleged to be a nuisance may bring a nuisance action under

12 this section against the offending property owner for the amount of damage created by such

13 nuisance to the value of the petitioner's property, including diminution in value of the

14 petitioner's property, and court costs.

15  3. An action for injunctive relief to abate a nuisance may be brought under this

16 section by:

17  (1) Anyone who owns property within one thousand two hundred feet to a property

18 which is alleged to be a nuisance; or

19  (2) A neighborhood organization, as defined in section 82.1027, on behalf of any

20 person or persons who own property within the boundaries of the neighborhood or

21 neighborhoods described in the articles of incorporation or bylaws of the neighborhood

22 organization and who could maintain a nuisance action under this section or under the

23 common law of private nuisance, or on its own behalf with respect to a nuisance on property

24 anywhere within the boundaries of the neighborhood or neighborhoods.

25  4. An action shall not be brought under this section until sixty days after the party

26 who brings the action has [sent written] mailed notice of intent to bring an action under this

27 section [by certified mail, return receipt requested], postage prepaid, to:

28  (1) The tenant, if any, or to "occupant" if the identity of the tenant cannot be

29 reasonably ascertained, at the property's address; and

30  (2) The property owner of record at the last known address of the property owner on

31 file with the county or city, or, if the property owner is a corporation or other type of limited

32 liability company, to the property owner's registered agent at the agent's address of record;

33

34 that a nuisance exists and that legal action may be taken against the owner of the property if

35 the nuisance is not eliminated within sixty days after the date on the [written] mailed notice.

36 If the notice [sent by certified mail] is returned unclaimed or refused, designated by the post

37 office to be undeliverable, or signed for by a person other than the addressee, then adequate

38 and sufficient notice shall be provided by posting a copy of the notice on the property where

39 the nuisance allegedly is occurring. A sworn affidavit by the person who mailed or posted the

40 notice describing the date and manner that notice was given shall be sufficient evidence to

41 establish that the notice was given. The notice shall specify:

42  (a) The act or condition that constitutes the nuisance;
SS #2 SCS HB 199                          64

43  (b) The date the nuisance was first discovered;

44  (c) The address of the property and location on the property where the act or

45 condition that constitutes the nuisance is allegedly occurring or exists; and

46  (d) The relief sought in the action.

47  5. A copy of a notice of citation issued by the city or county that shows the date the

48 citation was issued shall be prima facie evidence of whether and for how long [a citation has

49 been pending against the property or the property owner] the property has been in violation

50 of the code or ordinance provisions described in the citation.

51  6. A proceeding under this section shall:

52  (1) Be heard at the earliest practicable date; and

53  (2) Be expedited in every way.

54  7. When a property owner or neighborhood organization brings an action under this

55 section for injunctive relief to abate a nuisance, a prima facie case for injunctive relief shall be

56 made upon proof that a nuisance exists on the property. [Such] An action for injunctive

57 relief to abate a nuisance shall be heard by the court without a jury and shall not require

58 proof that the party bringing the action has sustained damage or loss as a result of the

59 nuisance.

60  8. [With respect to an action under this section against the owner of commercial or

61 industrial property,] When a property owner or neighborhood organization bringing the action

62 prevails in such action, such property owner or organization may be entitled to an award for

63 [its reasonable] attorneys' fees and expenses, based on the amount of time reasonably

64 expended, as ordered by the court, [incurred in bringing and prosecuting the action,] which

65 award for attorneys' fees and expenses shall be entered as a judgment against the owner of the

66 property on which the act or condition constituting the nuisance occurred or was located.

67  [9. Property owners bringing a lawsuit based on the prima facie case standard under

68 subsections 5 and 7 of this section, or seeking attorney fees and expenses under subsection 8

69 of this section, shall be limited to lawsuits involving property ownership in any home rule city

70 with more than three hundred fifty thousand inhabitants and located in more than one county

71 or any city not within a county and shall otherwise be limited to the general standards for

72 nuisance applying to other political subdivisions under subsection 1 of this section.]

    82.1026. The governing body of any city not within a county, home rule city with

2 more than four hundred thousand inhabitants and located in more than one county, home rule

3 city with more than one hundred sixty thousand but fewer than two hundred thousand

4 inhabitants, or home rule city with more than seventy-one thousand but fewer than

5 seventy-nine thousand inhabitants may enact ordinances to provide for the building official

6 of the city or any authorized representative of the building official to petition the circuit court

7 in the county in which a vacant nuisance building or structure is located for the appointment
SS #2 SCS HB 199                 65

8 of a receiver to rehabilitate the building or structure, to demolish it, or to sell it to a qualified

9 buyer.

          82.1027. As used in section 82.1025 and sections 82.1027 to 82.1030, the following

2 terms mean:

3         (1) "Code or ordinance violation", a violation under the provisions of a municipal

4 code or ordinance of any home rule city with more than four hundred thousand inhabitants

5 and located in more than one county, [or] any city not within a county, [which] any home

6 rule city with more than one hundred sixty thousand but fewer than two hundred

7 thousand inhabitants, or any home rule city with more than seventy-one thousand but

8 fewer than seventy-nine thousand inhabitants that regulates fire prevention, animal

9 control, noise control, property maintenance, building construction, health, safety,

10 neighborhood detriment, sanitation, or nuisances;

11        (2) "Neighborhood organization", either:

12        (a) A Missouri not-for-profit corporation that:

13        a. Is a bonafide community organization formed for the purpose of neighborhood

14 preservation or improvement;

15        b. Whose articles of incorporation or bylaws specify that one of the purposes for

16 which the corporation is organized is the preservation and protection of residential and

17 community property values in all or part of a neighborhood or neighborhoods with

18 geographic boundaries that conform to the boundaries of not more than two adjoining

19 neighborhoods recognized by the planning division of the city [or county] in which the

20 neighborhood or neighborhoods are located [in any home rule city with more than three

21 hundred fifty thousand inhabitants and located in more than one county, or in any city not

22 within a county]; and

23        c. Whose board of directors is comprised of individuals, at least half of whom

24 maintain their principal residence in a neighborhood the organization serves as described in

25 the organization's articles of incorporation or bylaws; or

26        (b) An organization recognized by the federal Internal Revenue Service as tax exempt

27 under the provisions of Internal Revenue Code Section 501(c)(3) (26 U.S.C. Section 501(c)

28 (3)), as amended, or the corresponding section of any future tax code, which has had a

29 contract with any [home rule] city [with more than three hundred fifty thousand inhabitants

30 and located in more than one county, or in any city not within a county] to furnish housing

31 related services in that [municipality or county] city at any point during the five-year period

32 preceding the filing of the action, and is in compliance with or completed such contract;

33        (3) "Nuisance", an activity or condition created, performed, maintained, or permitted

34 to exist on private property that constitutes a code or ordinance violation, whether or not the

35 property has been cited by the city or county in which the property is located; or, if the
SS #2 SCS HB 199                66

36 property is in a deteriorated condition, due to neglect or failure to reasonably maintain,

37 abandonment, failure to repair after a fire, flood, or some other deterioration of the property,

38 or there is clutter on the property such as abandoned automobiles, appliances, or similar

39 objects; or, with respect to commercial, industrial, and vacant property, if the activity or

40 condition on the property encourages, promotes, or substantially contributes to unlawful

41 activity within three hundred feet of the property; [and the] or if any activity or condition

42 [either]:

43  (a) Diminishes the value of the neighboring property; or

44  (b) Is injurious to the public health, safety, security, or welfare of neighboring

45 residents or businesses; or

46  (c) Impairs the reasonable use or peaceful enjoyment of other property in the

47 neighborhood.

    82.1031. [No action shall be brought] If a property owner sued under section

2 82.1025 and sections 82.1027 to 82.1030 [if the owner of the property that] pleads and

3 proves that a condition alleged by the plaintiff to be a nuisance is the subject matter of

4 [the action is in good-faith compliance with all orders] an order issued by the state

5 department of natural resources, the United States Environmental Protection Agency, or the

6 office of the Missouri attorney general, and further pleads and proves that the property is

7 in compliance with such order with respect to such condition, such proof shall be an

8 affirmative defense to plaintiff's claim that such condition is subject to one or more of

9 the remedies provided for under section 82.1025 and sections 82.1027 to 82.1030.

    94.838. 1. As used in this section, the following terms mean:

2   (1) "Food", all articles commonly used for food or drink, including alcoholic

3 beverages, the provisions of chapter 311 notwithstanding;

4   (2) "Food establishment", any cafe, cafeteria, lunchroom, or restaurant which sells

5 food at retail;

6   (3) "Municipality", any [village or fourth class city with more than two hundred but

7 less than three hundred inhabitants and located in any county of the third classification with a

8 township form of government and with more than twelve thousand five hundred but less than

9 twelve thousand six hundred] city with more than one hundred sixty-five but fewer than

10 one hundred eighty-five inhabitants and located in a county with more than eleven

11 thousand but fewer than twelve thousand five hundred inhabitants and with a county

12 seat with more than four thousand but fewer than five thousand inhabitants;

13  (4) "Transient guest", a person or persons who occupy a room or rooms in a hotel or

14 motel for thirty-one days or less during any calendar quarter.

15  2. (1) The governing body of any municipality may impose, by order or ordinance:
SS #2 SCS HB 199                      67

16  [(1)] (a) A tax, not to exceed six percent per room per night, on the charges for all

17 sleeping rooms paid by the transient guests of hotels or motels situated in the municipality or

18 a portion thereof; and

19  [(2)] (b) A tax, not to exceed two percent, on the gross receipts derived from the

20 retail sales of food by every person operating a food establishment in the municipality.

21  (2) The taxes shall be imposed [solely] for the [purpose] purposes of funding the

22 construction, maintenance, and operation of capital improvements, emergency services, and

23 public safety. The order or ordinance shall not become effective unless the governing body

24 of the municipality submits to the voters of the municipality at a state general or primary

25 election a proposal to authorize the governing body of the municipality to impose taxes under

26 this section. The taxes authorized in this section shall be in addition to the charge for the

27 sleeping room, the retail sales of food at a food establishment, and all other taxes imposed by

28 law, and shall be stated separately from all other charges and taxes.

29  3. The ballot of submission for the taxes authorized in this section shall be in

30 substantially the following form:

31  Shall ______ (insert the name of the municipality) impose a tax on the

32  charges for all retail sales of food at a food establishment situated in _____

33  _ (name of municipality) at a rate of ______ (insert rate of percent) percent,

34  and for all sleeping rooms paid by the transient guests of hotels and motels

35  situated in ______ (name of municipality) at a rate of ______ (insert rate of

36  percent) percent, [solely] for the [purpose] purposes of funding the

37  construction, maintenance, and operation of capital improvements,

38  emergency services, and public safety?

39                         ☐ YES                             ☐ NO

40

41 If a majority of the votes cast on the question by the qualified voters voting thereon are in

42 favor of the question, then the taxes shall become effective on the first day of the second

43 calendar quarter after the director of revenue receives notice of the adoption of the taxes. If a

44 majority of the votes cast on the question by the qualified voters voting thereon are opposed

45 to the question, then the taxes shall not become effective unless and until the question is

46 resubmitted under this section to the qualified voters and such question is approved by a

47 majority of the qualified voters voting on the question.

48  4. Any tax on the retail sales of food imposed under this section shall be administered,

49 collected, enforced, and operated as required in section 32.087, and any transient guest tax

50 imposed under this section shall be administered, collected, enforced, and operated by the

51 municipality imposing the tax. All revenue generated by the tax shall be deposited in a

52 special trust fund and shall be used solely for the designated purposes. If the tax is repealed,
SS #2 SCS HB 199             68

53 all funds remaining in the special trust fund shall continue to be used solely for the designated

54 purposes. Any funds in the special trust fund which are not needed for current expenditures

55 may be invested in the same manner as other funds are invested. Any interest and moneys

56 earned on such investments shall be credited to the fund.

57  5. Once the initial bonds, if any, have been satisfied, then the governing body of any

58 municipality that has adopted the taxes authorized in this section may submit the question of

59 repeal of the taxes to the voters on any date available for elections for the municipality. The

60 ballot of submission shall be in substantially the following form:

61  Shall ______ (insert the name of the municipality) repeal the taxes imposed

62  at the rates of ______ (insert rate of percent) and ______ (insert rate of

63  percent) percent for the [purpose] purposes of funding the construction,

64  maintenance, and operation of capital improvements, emergency services,

65  and public safety?

66                ☐ YES                                       ☐ NO

67

68 If a majority of the votes cast on the proposal are in favor of repeal, that repeal shall become

69 effective on December thirty-first of the calendar year in which such repeal was approved. If

70 a majority of the votes cast on the question by the qualified voters voting thereon are opposed

71 to the repeal, then the tax authorized in this section shall remain effective until the question is

72 resubmitted under this section to the qualified voters, and the repeal is approved by a majority

73 of the qualified voters voting on the question.

74  6. Once the initial bonds, if any, have been satisfied, then, whenever the governing

75 body of any municipality that has adopted the taxes authorized in this section receives a

76 petition, signed by ten percent of the registered voters of the municipality voting in the last

77 gubernatorial election, calling for an election to repeal the taxes imposed under this section,

78 the governing body shall submit to the voters of the municipality a proposal to repeal the

79 taxes. If a majority of the votes cast on the question by the qualified voters voting thereon are

80 in favor of the repeal, that repeal shall become effective on December thirty-first of the

81 calendar year in which such repeal was approved. If a majority of the votes cast on the

82 question by the qualified voters voting thereon are opposed to the repeal, then the tax shall

83 remain effective until the question is resubmitted under this section to the qualified voters and

84 the repeal is approved by a majority of the qualified voters voting on the question.

    94.900. 1. (1) The governing body of the following cities may impose a tax as

2 provided in this section:

3   (a) Any city of the third classification with more than ten thousand eight hundred but

4 less than ten thousand nine hundred inhabitants located at least partly within a county of the
SS #2 SCS HB 199                                 69

5 first classification with more than one hundred eighty-four thousand but less than one

6 hundred eighty-eight thousand inhabitants;

7   (b) Any city of the fourth classification with more than four thousand five hundred

8 but fewer than five thousand inhabitants;

9   (c) Any city of the fourth classification with more than eight thousand nine hundred

10 but fewer than nine thousand inhabitants;

11  (d) Any home rule city with more than forty-eight thousand but fewer than forty-nine

12 thousand inhabitants;

13  (e) Any home rule city with more than seventy-three thousand but fewer than

14 seventy-five thousand inhabitants;

15  (f) Any city of the fourth classification with more than thirteen thousand five hundred

16 but fewer than sixteen thousand inhabitants;

17  (g) Any city of the fourth classification with more than seven thousand but fewer than

18 eight thousand inhabitants;

19  (h) Any city of the fourth classification with more than four thousand but fewer than

20 four thousand five hundred inhabitants and located in any county of the first classification

21 with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants;

22  (i) Any city of the third classification with more than thirteen thousand but fewer than

23 fifteen thousand inhabitants and located in any county of the third classification without a

24 township form of government and with more than thirty-three thousand but fewer than thirty-

25 seven thousand inhabitants;

26  (j) Any city of the fourth classification with more than three thousand but fewer than

27 three thousand three hundred inhabitants and located in any county of the third classification

28 without a township form of government and with more than eighteen thousand but fewer than

29 twenty thousand inhabitants and that is not the county seat of such county;

30  (k) Any city with more than ten thousand but fewer than eleven thousand inhabitants

31 and partially located in a county with more than two hundred thirty thousand but fewer than

32 two hundred sixty thousand inhabitants;

33  (l) Any city with more than four thousand nine hundred but fewer than five thousand

34 six hundred inhabitants and located in a county with more than thirty thousand but fewer than

35 thirty-five thousand inhabitants; [or]

36  (m) Any city with more than twelve thousand five hundred but fewer than fourteen

37 thousand inhabitants and that is the county seat of a county with more than twenty-two

38 thousand but fewer than twenty-five thousand inhabitants;

39  (n) Any village with more than four hundred thirty but fewer than four hundred

40 eighty inhabitants and partially located in a county with more than forty thousand but
SS #2 SCS HB 199               70

41 fewer than fifty thousand inhabitants and with a county seat with more than two

42 thousand but fewer than six thousand inhabitants;

43       (o) Any city with more than sixteen thousand but fewer than eighteen thousand

44 inhabitants and located in more than one county;

45       (p) Any city with more than twelve thousand five hundred but fewer than

46 fourteen thousand inhabitants and located in a county with more than twenty-two

47 thousand but fewer than twenty-five thousand inhabitants and with a county seat with

48 more than nine hundred but fewer than one thousand four hundred inhabitants;

49       (q) Any city with more than fifty-one thousand but fewer than fifty-eight

50 thousand inhabitants and located in more than one county; or

51       (r) Any city with more than eight thousand but fewer than nine thousand

52 inhabitants and that is the county seat of a county with more than nineteen thousand but

53 fewer than twenty-two thousand inhabitants.

54       (2) The governing body of any city listed in subdivision (1) of this subsection is

55 hereby authorized to impose, by ordinance or order, a sales tax in the amount of up to one-half

56 of one percent on all retail sales made in such city which are subject to taxation under the

57 provisions of sections 144.010 to 144.525 for the purpose of improving the public safety for

58 such city, which shall be limited to expenditures on equipment, salaries and benefits, and

59 facilities for police, fire and emergency medical providers. The tax authorized by this section

60 shall be in addition to any and all other sales taxes allowed by law, except that no ordinance or

61 order imposing a sales tax pursuant to the provisions of this section shall be effective unless

62 the governing body of the city submits to the voters of the city, at a county or state general,

63 primary or special election, a proposal to authorize the governing body of the city to impose a

64 tax.

65       2. If the proposal submitted involves only authorization to impose the tax authorized

66 by this section, the ballot of submission shall contain, but need not be limited to, the

67 following language:

68       Shall the city of _________ (city's name) impose a citywide sales tax of __

69       _______ (insert amount) for the purpose of improving the public safety of

70       the city?

71                      ☐ YES                         ☐ NO

72       If you are in favor of the question, place an "X" in the box opposite "YES".

73       If you are opposed to the question, place an "X" in the box opposite "NO".

74

75 If a majority of the votes cast on the proposal by the qualified voters voting thereon are in

76 favor of the proposal submitted pursuant to this subsection, then the ordinance or order and

77 any amendments thereto shall be in effect on the first day of the second calendar quarter after
SS #2 SCS HB 199                                71

78 the director of revenue receives notification of adoption of the local sales tax. If a proposal

79 receives less than the required majority, then the governing body of the city shall have no

80 power to impose the sales tax herein authorized unless and until the governing body of the

81 city shall again have submitted another proposal to authorize the governing body of the city to

82 impose the sales tax authorized by this section and such proposal is approved by the required

83 majority of the qualified voters voting thereon. However, in no event shall a proposal

84 pursuant to this section be submitted to the voters sooner than twelve months from the date of

85 the last proposal pursuant to this section.

86           3. All revenue received by a city from the tax authorized under the provisions of this

87 section shall be deposited in a special trust fund and shall be used solely for improving the

88 public safety for such city for so long as the tax shall remain in effect.

89           4. Once the tax authorized by this section is abolished or is terminated by any means,

90 all funds remaining in the special trust fund shall be used solely for improving the public

91 safety for the city. Any funds in such special trust fund which are not needed for current

92 expenditures may be invested by the governing body in accordance with applicable laws

93 relating to the investment of other city funds.

94           5. All sales taxes collected by the director of the department of revenue under this

95 section on behalf of any city, less one percent for cost of collection which shall be deposited

96 in the state's general revenue fund after payment of premiums for surety bonds as provided in

97 section 32.087, shall be deposited in a special trust fund, which is hereby created, to be

98 known as the "City Public Safety Sales Tax Trust Fund". The moneys in the trust fund shall

99 not be deemed to be state funds and shall not be commingled with any funds of the state. The

100 provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be

101 transferred and placed to the credit of the general revenue fund. The director of the

102 department of revenue shall keep accurate records of the amount of money in the trust and

103 which was collected in each city imposing a sales tax pursuant to this section, and the records

104 shall be open to the inspection of officers of the city and the public. Not later than the tenth

105 day of each month the director of the department of revenue shall distribute all moneys

106 deposited in the trust fund during the preceding month to the city which levied the tax; such

107 funds shall be deposited with the city treasurer of each such city, and all expenditures of funds

108 arising from the trust fund shall be by an appropriation act to be enacted by the governing

109 body of each such city. Expenditures may be made from the fund for any functions

110 authorized in the ordinance or order adopted by the governing body submitting the tax to the

111 voters.

112          6. The director of the department of revenue may make refunds from the amounts in

113 the trust fund and credited to any city for erroneous payments and overpayments made, and

114 may redeem dishonored checks and drafts deposited to the credit of such cities. If any city
SS #2 SCS HB 199            72

115 abolishes the tax, the city shall notify the director of the department of revenue of the action at

116 least ninety days prior to the effective date of the repeal and the director of the department of

117 revenue may order retention in the trust fund, for a period of one year, of two percent of the

118 amount collected after receipt of such notice to cover possible refunds or overpayment of the

119 tax and to redeem dishonored checks and drafts deposited to the credit of such accounts.

120 After one year has elapsed after the effective date of abolition of the tax in such city, the

121 director of the department of revenue shall remit the balance in the account to the city and

122 close the account of that city. The director of the department of revenue shall notify each city

123 of each instance of any amount refunded or any check redeemed from receipts due the city.

124  7. Except as modified in this section, all provisions of sections 32.085 and 32.087

125 shall apply to the tax imposed pursuant to this section.

126  8. If any city in subsection 1 of this section enacts the tax authorized in this section,

127 the city shall budget an amount to public safety that is no less than the amount budgeted in the

128 year immediately preceding the enactment of the tax. The revenue from the tax shall

129 supplement and not replace amounts budgeted by the city.

     [105.145. 1. The following definitions shall be applied to the terms

2    used in this section:

3    (1) "Governing body", the board, body, or persons in which the powers

4    of a political subdivision as a body corporate, or otherwise, are vested;

5    (2) "Political subdivision", any agency or unit of this state, except

6    counties and school districts, which now is, or hereafter shall be, authorized to

7    levy taxes or empowered to cause taxes to be levied.

8    2. The governing body of each political subdivision in the state shall

9    cause to be prepared an annual report of the financial transactions of the

10   political subdivision in such summary form as the state auditor shall prescribe

11   by rule, except that the annual report of political subdivisions whose cash

12   receipts for the reporting period are ten thousand dollars or less shall only be

13   required to contain the cash balance at the beginning of the reporting period, a

14   summary of cash receipts, a summary of cash disbursements and the cash

15   balance at the end of the reporting period.

16   3. Within such time following the end of the fiscal year as the state

17   auditor shall prescribe by rule, the governing body of each political

18   subdivision shall cause a copy of the annual financial report to be remitted

19   to the state auditor.

20   4. The state auditor shall immediately on receipt of each financial

21   report acknowledge the receipt of the report.

22   5. In any fiscal year no member of the governing body of any political

23   subdivision of the state shall receive any compensation or payment of

24   expenses after the end of the time within which the financial statement of the

25   political subdivision is required to be filed with the state auditor and until such

26   time as the notice from the state auditor of the filing of the annual financial

27   report for the fiscal year has been received.
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28  6. The state auditor shall prepare sample forms for financial reports

29  and shall mail the same to the political subdivisions of the state. Failure of the

30  auditor to supply such forms shall not in any way excuse any person from the

31  performance of any duty imposed by this section.

32  7. All reports or financial statements hereinabove mentioned shall be

33  considered to be public records.

34  8. The provisions of this section apply to the board of directors of

35  every transportation development district organized under sections 238.200 to

36  238.275.

37  9. Any political subdivision that fails to timely submit a copy of the

38  annual financial statement to the state auditor shall be subject to a fine of five

39  hundred dollars per day.

40  10. The state auditor shall report any violation of subsection 9 of this

41  section to the department of revenue. Upon notification from the state

42  auditor's office that a political subdivision failed to timely submit a copy of the

43  annual financial statement, the department of revenue shall notify such

44  political subdivision by certified mail that the statement has not been received.

45  Such notice shall clearly set forth the following:

46  (1) The name of the political subdivision;

47  (2) That the political subdivision shall be subject to a fine of five

48  hundred dollars per day if the political subdivision does not submit a copy of

49  the annual financial statement to the state auditor's office within thirty days

50  from the postmarked date stamped on the certified mail envelope;

51  (3) That the fine will be enforced and collected as provided under

52  subsection 11 of this section; and

53  (4) That the fine will begin accruing on the thirty-first day from the

54  postmarked date stamped on the certified mail envelope and will continue to

55  accrue until the state auditor's office receives a copy of the financial statement.

56

57  In the event a copy of the annual financial statement is received within such

58  thirty-day period, no fine shall accrue or be imposed. The state auditor shall

59  report receipt of the financial statement to the department of revenue within

60  ten business days. Failure of the political subdivision to submit the required

61  annual financial statement within such thirty-day period shall cause the fine to

62  be collected as provided under subsection 11 of this section.

63  11. The department of revenue may collect the fine authorized under

64  the provisions of subsection 9 of this section by offsetting any sales or use tax

65  distributions due to the political subdivision. The director of revenue shall

66  retain two percent for the cost of such collection. The remaining revenues

67  collected from such violations shall be distributed annually to the schools of

68  the county in the same manner that proceeds for all penalties, forfeitures, and

69  fines collected for any breach of the penal laws of the state are distributed.

70  12. Any political subdivision that has gross revenues of less than five

71  thousand dollars or that has not levied or collected taxes in the fiscal year for

72  which the annual financial statement was not timely filed shall not be subject

73  to the fine authorized in this section.

74  13. If a failure to timely submit the annual financial statement is the

75  result of fraud or other illegal conduct by an employee or officer of the
SS #2 SCS HB 199                  74

76  political subdivision, the political subdivision shall not be subject to a fine

77  authorized under this section if the statement is filed within thirty days of the

78  discovery of the fraud or illegal conduct. If a fine is assessed and paid prior to

79  the filing of the statement, the department of revenue shall refund the fine

80  upon notification from the political subdivision.

81          14. If a political subdivision has an outstanding balance for fines or

82  penalties at the time it files its first annual financial statement after January 1,

83  2023, the director of revenue shall make a one-time downward adjustment to

84  such outstanding balance in an amount that reduces the outstanding balance by

85  no less than ninety percent.

86          15. The director of revenue shall have the authority to make a one-time

87  downward adjustment to any outstanding penalty imposed under this section

88  on a political subdivision if the director determines the fine is uncollectable.

89  The director of revenue may prescribe rules and regulations necessary to carry

90  out the provisions of this subsection. Any rule or portion of a rule, as that term

91  is defined in section 536.010, that is created under the authority delegated in

92  this section shall become effective only if it complies with and is subject to all

93  of the provisions of chapter 536 and, if applicable, section 536.028. This

94  section and chapter 536 are nonseverable and if any of the powers vested with

95  the general assembly pursuant to chapter 536 to review, to delay the effective

96  date, or to disapprove and annul a rule are subsequently held unconstitutional,

97  then the grant of rulemaking authority and any rule proposed or adopted after

98  August 28, 2022, shall be invalid and void.]

    105.145. 1. The following definitions shall be applied to the terms used in this

2 section:

3   (1) "Governing body", the board, body, or persons in which the powers of a political

4 subdivision as a body corporate, or otherwise, are vested;

5   (2) "Political subdivision", any agency or unit of this state, except counties and school

6 districts, which now is, or hereafter shall be, authorized to levy taxes or empowered to cause

7 taxes to be levied.

8   2. The governing body of each political subdivision in the state shall cause to be

9 prepared an annual report of the financial transactions of the political subdivision in such

10 summary form as the state auditor shall prescribe by rule, except that the annual report of

11 political subdivisions whose cash receipts for the reporting period are ten thousand dollars or

12 less shall only be required to contain the cash balance at the beginning of the reporting period,

13 a summary of cash receipts, a summary of cash disbursements and the cash balance at the end

14 of the reporting period.

15  3. Within such time following the end of the fiscal year as the state auditor shall

16 prescribe by rule, the governing body of each political subdivision shall cause a copy of the

17 annual financial report to be remitted to the state auditor.

18  4. The state auditor shall immediately on receipt of each financial report acknowledge

19 the receipt of the report.
SS #2 SCS HB 199      75

20  5. In any fiscal year no member of the governing body of any political subdivision of

21 the state shall receive any compensation or payment of expenses after the end of the time

22 within which the financial statement of the political subdivision is required to be filed with

23 the state auditor and until such time as the notice from the state auditor of the filing of the

24 annual financial report for the fiscal year has been received.

25  6. The state auditor shall prepare sample forms for financial reports and shall mail the

26 same to the political subdivisions of the state. Failure of the auditor to supply such forms

27 shall not in any way excuse any person from the performance of any duty imposed by this

28 section.

29  7. All reports or financial statements hereinabove mentioned shall be considered to be

30 public records.

31  8. The provisions of this section apply to the board of directors of every

32 transportation development district organized under sections 238.200 to 238.275.

33  9. Any political subdivision that fails to timely submit a copy of the annual financial

34 statement to the state auditor shall be subject to a fine of five hundred dollars per day.

35  10. The state auditor shall report any violation of subsection 9 of this section to the

36 department of revenue. Upon notification from the state auditor's office that a political

37 subdivision failed to timely submit a copy of the annual financial statement, the department of

38 revenue shall notify such political subdivision by certified mail that the statement has not

39 been received. Such notice shall clearly set forth the following:

40  (1) The name of the political subdivision;

41  (2) That the political subdivision shall be subject to a fine of five hundred dollars per

42 day if the political subdivision does not submit a copy of the annual financial statement to the

43 state auditor's office within thirty days from the postmarked date stamped on the certified

44 mail envelope;

45  (3) That the fine will be enforced and collected as provided under subsection 11 of

46 this section; and

47  (4) That the fine will begin accruing on the thirty-first day from the postmarked date

48 stamped on the certified mail envelope and will continue to accrue until the state auditor's

49 office receives a copy of the financial statement.

50

51 In the event a copy of the annual financial statement is received within such thirty-day period,

52 no fine shall accrue or be imposed. The state auditor shall report receipt of the financial

53 statement to the department of revenue within ten business days. Failure of the political

54 subdivision to submit the required annual financial statement within such thirty-day period

55 shall cause the fine to be collected as provided under subsection 11 of this section.
SS #2 SCS HB 199  76

56  11. The department of revenue may collect the fine authorized under the provisions of

57 subsection 9 of this section by offsetting any sales or use tax distributions due to the political

58 subdivision. The director of revenue shall retain two percent for the cost of such collection.

59 The remaining revenues collected from such violations shall be distributed annually to the

60 schools of the county in the same manner that proceeds for all penalties, forfeitures, and fines

61 collected for any breach of the penal laws of the state are distributed.

62  12. (1) Any [transportation development district organized under sections 238.200 to

63 238.275 having] political subdivision that has gross revenues of less than five thousand

64 dollars or that has not levied or collected sales or use taxes in the fiscal year for which the

65 annual financial statement was not timely filed shall not be subject to the fine authorized in

66 this section.

67  (2) Notwithstanding any provision of law to the contrary, no political subdivision

68 with fewer than five hundred inhabitants shall be subject to the fine authorized in this

69 section, and any fine or fines previously assessed to such political subdivision but not

70 paid in full shall be deemed void. A political subdivision subject to this subdivision shall

71 timely file the annual financial statement under this section.

72  13. If a failure to timely submit the annual financial statement is the result of

73 fraud or other illegal conduct by an employee or officer of the political subdivision, the

74 political subdivision shall not be subject to a fine authorized under this section if the

75 statement is filed within thirty days of the discovery of the fraud or illegal conduct. If a

76 fine is assessed and paid prior to the filing of the statement, the department of revenue

77 shall refund the fine upon notification from the political subdivision.

78  14. If a political subdivision has an outstanding balance for fines or penalties at

79 the time it files its first annual financial statement after August 28, 2025, the director of

80 revenue shall make a one-time downward adjustment to such outstanding balance in an

81 amount that reduces the outstanding balance by no less than ninety percent.

82  15. The director of revenue shall have the authority to make a one-time

83 downward adjustment to any outstanding penalty imposed under this section on a

84 political subdivision if the director determines the fine is uncollectable. The director of

85 revenue may prescribe rules and regulations necessary to carry out the provisions of this

86 subsection. Any rule or portion of a rule, as that term is defined in section 536.010, that

87 is created under the authority delegated in this section shall become effective only if it

88 complies with and is subject to all of the provisions of chapter 536 and, if applicable,

89 section 536.028. This section and chapter 536 are nonseverable and if any of the powers

90 vested with the general assembly pursuant to chapter 536 to review, to delay the

91 effective date, or to disapprove and annul a rule are subsequently held unconstitutional,
SS #2 SCS HB 199                             77

92 then the grant of rulemaking authority and any rule proposed or adopted after August

93 28, 2025, shall be invalid and void.

         107.170. 1. As used in this section, the following terms mean:

2        (1) "Contractor":

3        (a) A person or business entity who:

4        a. Provides or arranges for construction services on a public works project under

5 contract to a public entity for a governmental purpose; or

6        b. Contracts, provides, or arranges for construction services on a public works project

7 for a nongovernmental purpose when acting as a lessee, agent, designee, or representative of a

8 public entity;

9        (b) Contractor shall not include:

10       a. Professional engineers, architects or land surveyors licensed pursuant to chapter

11 327;

12       b. Those who provide environmental assessment services;

13       c. Those who design, create or otherwise provide works of art under a city's formally

14 established program for the acquisition and installation of works of art and other aesthetic

15 adornments to public buildings and property; or

16       d. A construction manager not-at-risk within the meaning of section 8.675, or who

17 does not otherwise enter into contracts with contractors for the furnishing of labor, materials,

18 or services to the public works project;

19       (2) "Public entity", [any official, board, commission or agency of] this state [or]; any

20 county, city, town, township, municipality, school[, road] district, or other political

21 subdivision of this state; or any official, board, commission, or agency of any of the

22 preceding entities;

23       (3) "Public official", any official, officer, employee, or member of a governing

24 body or board of a public entity, whether elected, employed, or appointed, and any

25 person serving in a capacity that could, under applicable law or at equity, be personally

26 liable for the failure to require the furnishing of a payment bond under this section;

27       (4) "Public works", the erection, construction, alteration, repair or improvement of

28 any building, road, street, public utility or other public facility owned by the public entity,

29 including work for nongovernmental purposes.

30       2. It is hereby made the duty of all public entities in this state, in making contracts for

31 public works exempt from attachment and execution under section 513.455, the cost of

32 which is estimated to exceed fifty thousand dollars, to be performed for:

33       (1) The public entity; or

34       (2) The public entity's lessee, agent, designee, or representative on work for

35 nongovernmental purposes,
SS #2 SCS HB 199            78

36

37 to require every contractor for such work to furnish to the public entity a bond with good and

38 sufficient sureties, in an amount fixed by the public entity. Such bond, among other

39 conditions, shall be conditioned for the payment of any and all materials, incorporated,

40 consumed or used in connection with the construction of such work; all insurance premiums,

41 both for compensation, and for all other kinds of insurance, on said work; and for all labor

42 performed in such work whether by a subcontractor, a supplier at any tier, or otherwise.

43 Remote suppliers shall not be entitled to recovery under the bond required by this section,

44 unless such suppliers shall have given written notice to the contractor that it has not been paid

45 within ninety days of the time the supplier last supplied materials on the public works project.

46 For purposes of this provision, a "remote supplier" is any material supplier to a public works

47 project having a contract with a second, or lower, tier subcontractor, or with another material

48 supplier of any tier.

49  3. All bonds executed and furnished under the provisions of this section shall be

50 deemed to contain the requirements and conditions as herein set out, regardless of whether the

51 same be set forth in said bond, or of any terms or provisions of said bond to the contrary

52 notwithstanding.

53  4. Nothing in this section shall be construed to require a [member of the school board

54 of any public school district of this state] public official to independently confirm the

55 existence or solvency of any bonding company if a contractor represents to the [member]

56 public official that the bonding company is solvent and that the representations made in the

57 purported bond are true and correct. This subsection shall not relieve from any liability any

58 [school board member] public official who has any actual knowledge of the insolvency of

59 any bonding company, or any [school board member] public official who does not act in

60 good faith in complying with the provisions of subsection 2 of this section.

61  5. A public entity may defend, save harmless and indemnify any of its [officers and

62 employees] public officials, whether [elective or appointive] elected, employed, or

63 appointed, against any claim or demand, whether groundless or otherwise arising out of

64 an alleged act or omission occurring in the performance of a duty under this section. The

65 provisions of this subsection do not apply in case of malfeasance in office or willful or

66 wanton neglect of duty.

67  6. [Nothing in this section shall be deemed to require any contractor who provides

68 construction services for a public works project used for nongovernmental purposes and who

69 contracts with a public entity's lessee, agent, designee, or representative on such public works

70 project used for nongovernmental purposes to furnish a bond when the public entity's lessee,

71 agent, designee, or representative is required under this section to furnish a bond] If consent
SS #2 SCS HB 199  79

72 that meets the requirements of subsection 2 of section 513.455 has been executed and

73 recorded as therein required, no bond is required to be furnished under this section.

74  7. Nothing in this section shall be deemed to require any public entity's lessee,

75 agent, designee, or representative that contracts with a contractor to provide

76 construction services for a public works project intended be leased primarily to a

77 private entity for nongovernmental use to furnish a bond when the contractor is

78 required to furnish a bond under this section or in fact furnishes a complying bond.

79  8. The providing of a bond under this section shall preclude the filing of a mechanic's

80 lien under chapter 429 by any subcontractor or supplier. Any mechanic's lien filed in

81 violation hereof shall be void and unenforceable and shall be summarily discharged by a

82 judge of the county in which the mechanic's lien is filed.

    137.115. 1. All other laws to the contrary notwithstanding, the assessor or the

2 assessor's deputies in all counties of this state including the City of St. Louis shall annually

3 make a list of all real and tangible personal property taxable in the assessor's city, county,

4 town or district. Except as otherwise provided in subsection 3 of this section and section

5 137.078, the assessor shall annually assess all personal property at thirty-three and one-third

6 percent of its true value in money as of January first of each calendar year. The assessor shall

7 annually assess all real property, including any new construction and improvements to real

8 property, and possessory interests in real property at the percent of its true value in money set

9 in subsection 5 of this section. The true value in money of any possessory interest in real

10 property in subclass (3), where such real property is on or lies within the ultimate airport

11 boundary as shown by a federal airport layout plan, as defined by 14 CFR 151.5, of a

12 commercial airport having a FAR Part 139 certification and owned by a political subdivision,

13 shall be the otherwise applicable true value in money of any such possessory interest in real

14 property, less the total dollar amount of costs paid by a party, other than the political

15 subdivision, towards any new construction or improvements on such real property completed

16 after January 1, 2008, and which are included in the above-mentioned possessory interest,

17 regardless of the year in which such costs were incurred or whether such costs were

18 considered in any prior year. The assessor shall annually assess all real property in the

19 following manner: new assessed values shall be determined as of January first of each odd-

20 numbered year and shall be entered in the assessor's books; those same assessed values shall

21 apply in the following even-numbered year, except for new construction and property

22 improvements which shall be valued as though they had been completed as of January first of

23 the preceding odd-numbered year. The assessor may call at the office, place of doing

24 business, or residence of each person required by this chapter to list property, and require the

25 person to make a correct statement of all taxable tangible personal property owned by the

26 person or under his or her care, charge or management, taxable in the county. On or before
SS #2 SCS HB 199                                80

27 January first of each even-numbered year, the assessor shall prepare and submit a two-year

28 assessment maintenance plan to the county governing body and the state tax commission for

29 their respective approval or modification. The county governing body shall approve and

30 forward such plan or its alternative to the plan to the state tax commission by February first.

31 If the county governing body fails to forward the plan or its alternative to the plan to the state

32 tax commission by February first, the assessor's plan shall be considered approved by the

33 county governing body. If the state tax commission fails to approve a plan and if the state tax

34 commission and the assessor and the governing body of the county involved are unable to

35 resolve the differences, in order to receive state cost-share funds outlined in section 137.750,

36 the county or the assessor shall petition the administrative hearing commission, by May first,

37 to decide all matters in dispute regarding the assessment maintenance plan. Upon agreement

38 of the parties, the matter may be stayed while the parties proceed with mediation or

39 arbitration upon terms agreed to by the parties. The final decision of the administrative

40 hearing commission shall be subject to judicial review in the circuit court of the county

41 involved. In the event a valuation of subclass (1) real property within any county with a

42 charter form of government, or within a city not within a county, is made by a computer,

43 computer-assisted method or a computer program, the burden of proof, supported by clear,

44 convincing and cogent evidence to sustain such valuation, shall be on the assessor at any

45 hearing or appeal. In any such county, unless the assessor proves otherwise, there shall be a

46 presumption that the assessment was made by a computer, computer-assisted method or a

47 computer program. Such evidence shall include, but shall not be limited to, the following:

48  (1) The findings of the assessor based on an appraisal of the property by generally

49 accepted appraisal techniques; and

50  (2) The purchase prices from sales of at least three comparable properties and the

51 address or location thereof. As used in this subdivision, the word "comparable" means that:

52  (a) Such sale was closed at a date relevant to the property valuation; and

53  (b) Such properties are not more than one mile from the site of the disputed property,

54 except where no similar properties exist within one mile of the disputed property, the nearest

55 comparable property shall be used. Such property shall be within five hundred square feet in

56 size of the disputed property, and resemble the disputed property in age, floor plan, number of

57 rooms, and other relevant characteristics.

58  2. Assessors in each county of this state and the City of St. Louis may send personal

59 property assessment forms through the mail.

60  3. The following items of personal property shall each constitute separate subclasses

61 of tangible personal property and shall be assessed and valued for the purposes of taxation at

62 the following percentages of their true value in money:
SS #2 SCS HB 199                                81

63  (1) Grain and other agricultural crops in an unmanufactured condition, one-half of

64 one percent;

65  (2) Livestock, twelve percent;

66  (3) Farm machinery, twelve percent;

67  (4) Motor vehicles which are eligible for registration as and are registered as historic

68 motor vehicles pursuant to section 301.131 and aircraft which are at least twenty-five years

69 old and which are used solely for noncommercial purposes and are operated less than two

70 hundred hours per year or aircraft that are home built from a kit, five percent;

71  (5) Poultry, twelve percent; and

72  (6) Tools and equipment used for pollution control and tools and equipment used in

73 retooling for the purpose of introducing new product lines or used for making improvements

74 to existing products by any company which is located in a state enterprise zone and which is

75 identified by any standard industrial classification number cited in subdivision (7) of section

76 135.200, twenty-five percent.

77  4. The person listing the property shall enter a true and correct statement of the

78 property, in a printed blank prepared for that purpose. The statement, after being filled out,

79 shall be signed and either affirmed or sworn to as provided in section 137.155. The list shall

80 then be delivered to the assessor.

81  5. (1) All subclasses of real property, as such subclasses are established in Section 4

82 (b) of Article X of the Missouri Constitution and defined in section 137.016, shall be assessed

83 at the following percentages of true value:

84  (a) For real property in subclass (1), nineteen percent;

85  (b) For real property in subclass (2), twelve percent; and

86  (c) For real property in subclass (3), thirty-two percent.

87  (2) A taxpayer may apply to the county assessor, or, if not located within a county,

88 then the assessor of such city, for the reclassification of such taxpayer's real property if the use

89 or purpose of such real property is changed after such property is assessed under the

90 provisions of this chapter. If the assessor determines that such property shall be reclassified,

91 he or she shall determine the assessment under this subsection based on the percentage of the

92 tax year that such property was classified in each subclassification.

93  6. Manufactured homes, as defined in section 700.010, which are actually used as

94 dwelling units shall be assessed at the same percentage of true value as residential real

95 property for the purpose of taxation. The percentage of assessment of true value for such

96 manufactured homes shall be the same as for residential real property. If the county collector

97 cannot identify or find the manufactured home when attempting to attach the manufactured

98 home for payment of taxes owed by the manufactured home owner, the county collector may

99 request the county commission to have the manufactured home removed from the tax books,
SS #2 SCS HB 199                         82

100 and such request shall be granted within thirty days after the request is made; however, the

101 removal from the tax books does not remove the tax lien on the manufactured home if it is

102 later identified or found. For purposes of this section, a manufactured home located in a

103 manufactured home rental park, rental community or on real estate not owned by the

104 manufactured home owner shall be considered personal property. For purposes of this

105 section, a manufactured home located on real estate owned by the manufactured home owner

106 may be considered real property.

107  7. Each manufactured home assessed shall be considered a parcel for the purpose of

108 reimbursement pursuant to section 137.750, unless the manufactured home is deemed to be

109 real estate as defined in subsection 7 of section 442.015 and assessed as a realty improvement

110 to the existing real estate parcel.

111  8. Any amount of tax due and owing based on the assessment of a manufactured

112 home shall be included on the personal property tax statement of the manufactured home

113 owner unless the manufactured home is deemed to be real estate as defined in subsection 7 of

114 section 442.015, in which case the amount of tax due and owing on the assessment of the

115 manufactured home as a realty improvement to the existing real estate parcel shall be

116 included on the real property tax statement of the real estate owner.

117  9. The assessor of each county and each city not within a county shall use [the trade-

118 in value published in the October issue of] a nationally recognized automotive trade

119 publication such as the National Automobile Dealers' Association Official Used Car Guide,

120 [or its successor publication,] Kelley Blue Book, Edmunds, or other similar publication as

121 the recommended guide of information for determining the true value of motor vehicles

122 described in such publication. The state tax commission shall select and make available to

123 all assessors which publication shall be used. The assessor of each county and each city

124 not within a county shall use the trade-in value published in the current October issue of

125 the publication selected by the state tax commission. The assessor shall not use a value

126 that is greater than the average trade-in value in determining the true value of the motor

127 vehicle without performing a physical inspection of the motor vehicle. For vehicles two years

128 old or newer from a vehicle's model year, the assessor may use a value other than average

129 without performing a physical inspection of the motor vehicle. In the absence of a listing for

130 a particular motor vehicle in such publication, the assessor shall use such information or

131 publications [which] that, in the assessor's judgment, will fairly estimate the true value in

132 money of the motor vehicle. For motor vehicles with a true value of less than fifty

133 thousand dollars as of January 1, 2025, the assessor shall not assess such motor vehicle

134 for an amount greater than such motor vehicle was assessed in the previous year,

135 provided that such motor vehicle was properly assessed in the previous year.
SS #2 SCS HB 199              83

136  10. Before the assessor may increase the assessed valuation of any parcel of subclass

137 (1) real property by more than fifteen percent since the last assessment, excluding increases

138 due to new construction or improvements, the assessor shall conduct a physical inspection of

139 such property.

140  11. If a physical inspection is required, pursuant to subsection 10 of this section, the

141 assessor shall notify the property owner of that fact in writing and shall provide the owner

142 clear written notice of the owner's rights relating to the physical inspection. If a physical

143 inspection is required, the property owner may request that an interior inspection be

144 performed during the physical inspection. The owner shall have no less than thirty days to

145 notify the assessor of a request for an interior physical inspection.

146  12. A physical inspection, as required by subsection 10 of this section, shall include,

147 but not be limited to, an on-site personal observation and review of all exterior portions of the

148 land and any buildings and improvements to which the inspector has or may reasonably and

149 lawfully gain external access, and shall include an observation and review of the interior of

150 any buildings or improvements on the property upon the timely request of the owner pursuant

151 to subsection 11 of this section. Mere observation of the property via a drive-by inspection or

152 the like shall not be considered sufficient to constitute a physical inspection as required by

153 this section.

154  13. A county or city collector may accept credit cards as proper form of payment of

155 outstanding property tax or license due. No county or city collector may charge surcharge for

156 payment by credit card which exceeds the fee or surcharge charged by the credit card bank,

157 processor, or issuer for its service. A county or city collector may accept payment by

158 electronic transfers of funds in payment of any tax or license and charge the person making

159 such payment a fee equal to the fee charged the county by the bank, processor, or issuer of

160 such electronic payment.

161  14. Any county or city not within a county in this state may, by an affirmative vote of

162 the governing body of such county, opt out of the provisions of this section and sections

163 137.073, 138.060, and 138.100 as enacted by house bill no. 1150 of the ninety-first general

164 assembly, second regular session and section 137.073 as modified by house committee

165 substitute for senate substitute for senate committee substitute for senate bill no. 960, ninety-

166 second general assembly, second regular session, for the next year of the general

167 reassessment, prior to January first of any year. No county or city not within a county

168 shall exercise this opt-out provision after implementing the provisions of this section and

169 sections 137.073, 138.060, and 138.100 as enacted by house bill no. 1150 of the ninety-first

170 general assembly, second regular session and section 137.073 as modified by house

171 committee substitute for senate substitute for senate committee substitute for senate bill no.

172 960, ninety-second general assembly, second regular session, in a year of general
SS #2 SCS HB 199                          84

173 reassessment. For the purposes of applying the provisions of this subsection, a political

174 subdivision contained within two or more counties where at least one of such counties has

175 opted out and at least one of such counties has not opted out shall calculate a single tax rate as

176 in effect prior to the enactment of house bill no. 1150 of the ninety-first general assembly,

177 second regular session. A governing body of a city not within a county or a county that has

178 opted out under the provisions of this subsection may choose to implement the provisions of

179 this section and sections 137.073, 138.060, and 138.100 as enacted by house bill no. 1150 of

180 the ninety-first general assembly, second regular session, and section 137.073 as modified by

181 house committee substitute for senate substitute for senate committee substitute for senate bill

182 no. 960, ninety-second general assembly, second regular session, for the next year of general

183 reassessment, by an affirmative vote of the governing body prior to December thirty-first of

184 any year.

185  15. The governing body of any city of the third classification with more than twenty-

186 six thousand three hundred but fewer than twenty-six thousand seven hundred inhabitants

187 located in any county that has exercised its authority to opt out under subsection 14 of this

188 section may levy separate and differing tax rates for real and personal property only if such

189 city bills and collects its own property taxes or satisfies the entire cost of the billing and

190 collection of such separate and differing tax rates. Such separate and differing rates shall not

191 exceed such city's tax rate ceiling.

192  16. Any portion of real property that is available as reserve for strip, surface, or coal

193 mining for minerals for purposes of excavation for future use or sale to others that has not

194 been bonded and permitted under chapter 444 shall be assessed based upon how the real

195 property is currently being used. Any information provided to a county assessor, state tax

196 commission, state agency, or political subdivision responsible for the administration of tax

197 policies shall, in the performance of its duties, make available all books, records, and

198 information requested, except such books, records, and information as are by law declared

199 confidential in nature, including individually identifiable information regarding a specific

200 taxpayer or taxpayer's mine property. For purposes of this subsection, "mine property" shall

201 mean all real property that is in use or readily available as a reserve for strip, surface, or coal

202 mining for minerals for purposes of excavation for current or future use or sale to others that

203 has been bonded and permitted under chapter 444.

     137.1050. 1. For the purposes of this section, the following terms shall mean:

2    (1) "Eligible credit amount", the difference between an eligible taxpayer's real

3 property tax liability on such taxpayer's homestead for a given tax year, minus the real

4 property tax liability on such homestead in the eligible taxpayer's initial credit year;

5    (2) "Eligible taxpayer", a Missouri resident who:

6    (a) Is sixty-two years of age or older;
SS #2 SCS HB 199                        85

7   (b) Is an owner of record of a homestead or has a legal or equitable interest in such

8 property as evidenced by a written instrument; and

9   (c) Is liable for the payment of real property taxes on such homestead;

10  (3) "Homestead", real property actually occupied by an eligible taxpayer as the

11 primary residence. An eligible taxpayer shall not claim more than one primary residence;

12  (4) "Initial credit year":

13  (a) In the case of a taxpayer that meets all requirements of subdivision (2) of this

14 subsection prior to the year in which a credit is authorized pursuant to subsection 2 of this

15 section, the year in which such credit is authorized;

16  (b) For all other taxpayers, the year in which the taxpayer meets all requirements of

17 subdivision (2) of this subsection.

18

19 If in any tax year subsequent to the eligible taxpayer's initial credit year the eligible taxpayer's

20 real property tax liability is lower than such liability in the initial credit year, such tax year

21 shall be considered the eligible taxpayer's initial credit year for all subsequent tax years. This

22 provision shall not apply if an eligible taxpayer's real property tax liability is lower than

23 such liability in the taxpayer's initial credit year solely due to a reduction in a property

24 tax levy made pursuant to section 321.554.

25  2. (1) Any county authorized to impose a property tax may grant a property tax credit

26 to eligible taxpayers residing in such county in an amount equal to the taxpayer's eligible

27 credit amount, provided that:

28  (a) Such county adopts an ordinance authorizing such credit; or

29  (b) a. A petition in support of a referendum on such a credit is signed by at least five

30 percent of the registered voters of such county voting in the last gubernatorial election and the

31 petition is delivered to the governing body of the county, which shall subsequently hold a

32 referendum on such credit.

33  b. The ballot of submission for the question submitted to the voters pursuant to

34 paragraph (b) of this subdivision shall be in substantially the following form:

35  Shall the County of ______ exempt senior citizens aged 62 and older from

36  increases in the property tax liability due on such senior citizens' primary

37  residence?

38                ☐ YES                                        ☐ NO

39

40 If a majority of the votes cast on the proposal by the qualified voters voting thereon are in

41 favor of the proposal, then the credit shall be in effect.
SS #2 SCS HB 199  86

42  (2) An ordinance adopted pursuant to paragraph (a) of subdivision (1) of this

43 subsection shall not preclude such ordinance from being amended or superseded by a petition

44 subsequently adopted pursuant to paragraph (b) of subdivision (1) of this subsection.

45  3. (1) A county granting credit pursuant to this section shall apply such credit when

46 calculating the eligible taxpayer's property tax liability for the tax year. The amount of the

47 credit shall be noted on the statement of tax due sent to the eligible taxpayer by the county

48 collector. The county governing body may adopt reasonable procedures in order to carry out

49 the purposes and intent of this section, provided that the county shall not adopt any procedure

50 that limits the definition or scope of eligible credit amount or eligible taxpayer as defined in

51 this section.

52  (2) If an eligible taxpayer makes new construction and improvements to such eligible

53 taxpayer's homestead, the real property tax liability for the taxpayer's initial credit year shall

54 be increased to reflect the real property tax liability attributable to such new construction and

55 improvements.

56  (3) If an eligible taxpayer's homestead is annexed into a taxing jurisdiction to which

57 such eligible taxpayer did not owe real property tax in the eligible taxpayer's initial credit

58 year, then the real property tax liability for the taxpayer's initial credit year shall be increased

59 to reflect the real property tax liability owed to the annexing taxing jurisdiction.

60  4. For the purposes of calculating property tax levies pursuant to section 137.073, the

61 total amount of credits authorized by a county pursuant to this section shall be considered tax

62 revenue, as such term is defined in section 137.073, actually received.

63  5. A county granting a tax credit pursuant to this section shall notify each political

64 subdivision within such county of the total credit amount applicable to such political

65 subdivision by no later than November thirtieth of each year.

    140.984. 1. The income of a land bank agency shall be exempt from all taxation by

2 the state and by any of its political subdivisions. Upon acquiring title to any real estate, a land

3 bank agency shall immediately notify the county assessor and the county collector of such

4 ownership; all taxes, special taxes, fines, and fees on such real estate shall be deemed satisfied

5 by transfer to the land bank agency; and such property shall be exempt from all taxation

6 during the land bank agency's ownership thereof, in the same manner and to the same extent

7 as any other publicly owned real estate. Upon the sale or other disposition of any real estate

8 held by it, the land bank agency shall immediately notify the county assessor and the county

9 collector of such change of ownership. However, that such tax exemption for improved and

10 occupied real property held by the land bank agency as a lessor pursuant to a ground lease

11 shall terminate upon the first occupancy, and the land bank agency shall immediately notify

12 the county assessor and the county collector of such occupancy.
SS #2 SCS HB 199                            87

13  2. A land bank agency may acquire real property by gift, devise, transfer, exchange,

14 foreclosure, purchase, or pursuant to sections 141.560 to 141.580 or section 141.821, except a

15 land bank agency shall not acquire property located partially or wholly outside the boundaries

16 of the county or municipality that established such land bank agency. [For purchases of real

17 property not made through foreclosure or pursuant to sections 141.560 to 141.580, a land

18 bank agency may only purchase real property if such property is adjacent to real property

19 already owned by the land bank agency.]

20  3. A land bank agency may acquire property by purchase contracts, lease purchase

21 agreements, installment sales contracts, and land contracts and may accept transfers from

22 political subdivisions upon such terms and conditions as agreed to by the land bank agency

23 and the political subdivision. A land bank agency may[, for the purpose of adding to a parcel

24 already owned by the land bank agency,] bid on any parcel of real estate offered for sale,

25 offered at a foreclosure sale under sections 140.220 to 140.250, offered at a sale conducted

26 under section 140.190, 140.240, or 140.250, or offered at a foreclosure sale under section

27 141.550. Notwithstanding any other law to the contrary, any political subdivision may

28 transfer to the land bank agency real property and interests in real property of the political

29 subdivision on such terms and conditions and according to such procedures as determined by

30 the political subdivision.

31  4. A land bank agency shall maintain all of its real property in accordance with the

32 laws and ordinances of the jurisdictions in which the real property is located.

33  5. Upon issuance of a deed to a parcel of real estate to a land bank agency under

34 subsection 4 of section 140.250, subsection 5 of section 140.405, other sale conducted under

35 section 140.190, 140.240, or 140.250, or section 141.550, the land bank agency shall pay only

36 the amount of the land bank agency's bid that exceeds the amount of all tax bills included in

37 the judgment, interest, penalties, attorney's fees, taxes, and costs then due thereon. If the real

38 estate is acquired in a delinquent land tax auction under subsection 4 of section 140.250,

39 subsection 5 of section 140.405, or other sale conducted under section 140.190, 140.240, or

40 140.250, such excess shall be applied and distributed in accordance with section 140.230. If

41 the real estate is acquired in a delinquent land tax auction under section 141.550, such excess

42 shall be applied and distributed in accordance with subsections 3 and 4 of section 141.580,

43 exclusive of subdivision (3) of subsection 3 of section 141.580. Upon issuance of a deed, the

44 county collector shall mark the tax bills included in the judgment as "cancelled by sale to the

45 land bank" and shall take credit for the full amount of such tax bills, including principal

46 amount, interest, penalties, attorney's fees, and costs, on the county collector's books and in

47 the county collector's statements with any other taxing authorities.

48  6. A land bank shall not own real property unless the property is wholly located

49 within the boundaries of the county or municipality that established the land bank agency.
SS #2 SCS HB 199         88

50  7. Within one year of the effective date of the ordinance, resolution, or rule passed

51 establishing a municipal land bank agency under subsection 2 of section 140.981, the title to

52 any real property that is located wholly within the municipality that created the land bank

53 agency and that is held by a land trust created under subsection 1 of section 141.821 shall be

54 transferred by deed from the land trust to such land bank agency, at the land bank agency's

55 request.

    144.757. 1. As used in sections 144.757 to 144.761, "taxing jurisdiction" shall

2 include any county, municipality, or any other political subdivision authorized to impose

3 a sales tax under section 94.850, 94.890, 190.040, 190.305, 190.335, 190.455, or 321.552

4 or any other statute authorizing the imposition of a sales tax for emergency services.

5   2. (1) Notwithstanding any other provision of law to the contrary, any [county or

6 municipality] taxing jurisdiction may, by a majority vote of its governing body, impose a

7 local use tax if a local sales tax is imposed as defined in section 32.085 or if a sales tax is

8 imposed under section 94.850 [or], 94.890, [with] 190.040, 190.305, 190.335, 190.455, or

9 321.552 or any other statute authorizing the imposition of a sales tax for emergency

10 services.

11  (2) Such local use tax shall be imposed on the same property and services upon

12 which the local sales tax or sales tax is imposed at a rate equal to the rate of the

13 corresponding local sales tax [and any] or sales tax imposed [under section 94.850 or

14 94.890] by such [county or municipality; provided, however, that no ordinance or order

15 enacted pursuant to sections 144.757 to 144.761] taxing jurisdiction.

16  (3) No such use tax shall be effective unless the governing body of the [county or

17 municipality] taxing jurisdiction submits to the voters thereof at a municipal, county, or state

18 general, primary, or special election a proposal to authorize the governing body [of the county

19 or municipality] to impose a local use tax pursuant to sections 144.757 to 144.761.

20  [(1)] (4) The ballot of submission for a local use tax corresponding to a local sales

21 tax, as defined in section 32.085, or a sales tax under section 94.850 or 94.890 shall

22 contain substantially the following language:

23            Shall the ______ (county or municipality's name) impose a local use tax at

24            the same rate as the total local sales tax rate, provided that if the local sales

25            tax rate is reduced or raised by voter approval, the local use tax rate shall

26            also be reduced or raised by the same action?

27                ☐ YES                                      ☐ NO

28            If you are in favor of the question, place an "X" in the box opposite "YES".

29            If you are opposed to the question, place an "X" in the box opposite "NO".

30  (5) The ballot of submission for a local use tax corresponding to a sales tax

31 imposed under section 190.040, 190.305, 190.335, 190.455, or 321.552 or any other
SS #2 SCS HB 199                          89

32 statute authorizing the imposition of a sales tax for emergency services shall contain

33 substantially the following language:

34  "Shall the ______ (insert taxing jurisdiction's name) impose a local use

35  tax at the same rate as the ______ (insert name of the corresponding

36  sales tax), provided that if the ______ (insert name of the

37  corresponding sales tax) rate is reduced or raised by voter approval,

38  the local use tax rate shall also be reduced or raised by the same

39  action?".

40  [(2)] If [any of such ballots are submitted on August 6, 1996, and if a majority of the

41 votes cast on the proposal by the qualified voters voting thereon are in favor of the proposal,

42 then the ordinance or order and any amendments thereto shall be in effect October 1, 1996,

43 provided the director of revenue receives notice of adoption of the local use tax on or before

44 August 16, 1996. If any of such ballots are submitted after December 31, 1996, and if] a

45 majority of the votes cast on the proposal by the qualified voters voting thereon are in favor of

46 the proposal, then the ordinance or order and any amendments thereto shall be in effect on the

47 first day of the calendar quarter which begins at least forty-five days after the director of

48 revenue receives notice of adoption of the local use tax. If a majority of the votes cast by the

49 qualified voters voting are opposed to the proposal, then the governing body of the [county or

50 municipality] taxing jurisdiction shall have no power to impose the local use tax as herein

51 authorized unless and until the governing body of the [county or municipality] taxing

52 jurisdiction shall again have submitted another proposal to authorize the governing body of

53 the [county or municipality] taxing jurisdiction to impose the local use tax and such proposal

54 is approved by a majority of the qualified voters voting thereon.

55  [2.] 3. The local use tax may be imposed at the same rate as [the local] any sales tax

56 listed in subsection 1 of this section then currently in effect in the county or municipality

57 upon all transactions which are subject to the taxes imposed pursuant to sections 144.600 to

58 144.745 within the county or municipality adopting such tax; provided, however, that if any

59 local sales tax is repealed or the rate thereof is reduced or raised by voter approval, the local

60 use tax rate shall also be deemed to be repealed, reduced, or raised by the same action

61 repealing, reducing, or raising [the local] such sales tax. A county or municipality

62 collecting a local use tax corresponding to a sales tax imposed for an emergency service

63 shall disburse a proportional share of such local use tax to such emergency service

64 agency or department.

65  [3.] 4. For purposes of sections 144.757 to 144.761, the use tax may be referred to or

66 described as the equivalent of a sales tax on purchases made from out-of-state sellers by in-

67 state buyers and on certain intrabusiness transactions. Such a description shall not change the

68 classification, form or subject of the use tax or the manner in which it is collected. The use
SS #2 SCS HB 199  90

69 tax shall not be described as a new tax or as not a new tax and shall not be advertised or

70 promoted in a manner in violation of section 115.646.

71  5. Notwithstanding any other provision of law to the contrary, a local use tax

72 corresponding to a sales tax imposed under section 190.040, 190.305, 190.335, 190.455,

73 or 321.552 or any other statute authorizing the imposition of a sales tax for emergency

74 services shall be collected, deposited, distributed, refunded, repealed, or otherwise

75 administered as provided in the authorizing statute for the corresponding sales tax.

    162.014. 1. No person shall be a candidate for a member or director of the school

2 board in any school district in this state if such person is registered or is required to be

3 registered as a sex offender under sections 589.400 to 589.425. Any member or director of

4 the school board of any school district who is registered or required to be registered as a sex

5 offender under sections 589.400 to 589.425 shall be ineligible to serve as a member or

6 director of a school board of any school district at the conclusion of his or her term of office.

7   2. No person shall be a candidate for a member or director of the school board in

8 any school district in this state if such person is or has been convicted of or entered a

9 guilty plea for the offense of assault in the first or second degree under section 565.050

10 or 565.052 or of the offense of harassment in the first or second degree under section

11 565.090 or 565.091 where such assault or harassment occurred on school district

12 grounds. Any member or director of the school board of any school district who is

13 convicted of or entered a guilty plea for the offense of assault in the first or second

14 degree under section 565.050 or 565.052 or of the offense of harassment in the first or

15 second degree under section 565.090 or 565.091 for an assault or harassment that

16 occurred on school district grounds shall be ineligible to serve as a member or director

17 of a school board of any school district at the conclusion of his or her term of office.

    193.145. 1. A certificate of death for each death which occurs in this state shall be

2 filed with the local registrar, or as otherwise directed by the state registrar, within five days

3 after death and shall be registered if such certificate has been completed and filed pursuant to

4 this section. All data providers in the death registration process, including, but not limited to,

5 the state registrar, local registrars, the state medical examiner, county medical examiners,

6 coroners, funeral directors or persons acting as such, embalmers, sheriffs, attending

7 physicians and resident physicians, physician assistants, assistant physicians, advanced

8 practice registered nurses, and the chief medical officers of licensed health care facilities, and

9 other public or private institutions providing medical care, treatment, or confinement to

10 persons, shall be required to use and utilize any electronic death registration system required

11 and adopted under subsection 1 of section 193.265 within six months of the system being

12 certified by the director of the department of health and senior services, or the director's

13 designee, to be operational and available to all data providers in the death registration process.
SS #2 SCS HB 199                  91

14  2. If the place of death is unknown but the dead body is found in this state, the

15 certificate of death shall be completed and filed pursuant to the provisions of this section.

16 The place where the body is found shall be shown as the place of death. The date of death

17 shall be the date on which the remains were found.

18  3. When death occurs in a moving conveyance in the United States and the body is

19 first removed from the conveyance in this state, the death shall be registered in this state and

20 the place where the body is first removed shall be considered the place of death. When a

21 death occurs on a moving conveyance while in international waters or air space or in a foreign

22 country or its air space and the body is first removed from the conveyance in this state, the

23 death shall be registered in this state but the certificate shall show the actual place of death if

24 such place may be determined.

25  4. The funeral director or person in charge of final disposition of the dead body shall

26 file the certificate of death. The funeral director or person in charge of the final disposition of

27 the dead body shall obtain or verify and enter into the electronic death registration system:

28  (1) The personal data from the next of kin or the best qualified person or source

29 available;

30  (2) The medical certification from the person responsible for such certification if

31 designated to do so under subsection 5 of this section; and

32  (3) Any other information or data that may be required to be placed on a death

33 certificate or entered into the electronic death certificate system including, but not limited to,

34 the name and license number of the embalmer.

35  5. The medical certification shall be completed, attested to its accuracy either by

36 signature or an electronic process approved by the department, and returned to the funeral

37 director or person in charge of final disposition within seventy-two hours after death by the

38 physician, physician assistant, assistant physician, or advanced practice registered nurse in

39 charge of the patient's care for the illness or condition which resulted in death. In the absence

40 of the physician, physician assistant, assistant physician, or advanced practice registered

41 nurse or with the physician's, physician assistant's, assistant physician's, or advanced practice

42 registered nurse's approval the certificate may be completed and attested to its accuracy either

43 by signature or an approved electronic process by the physician's associate physician, the

44 chief medical officer of the institution in which death occurred, or the physician who

45 performed an autopsy upon the decedent, provided such individual has access to the medical

46 history of the case, views the deceased at or after death and death is due to natural causes.

47 The person authorized to complete the medical certification may, in writing, designate any

48 other person to enter the medical certification information into the electronic death

49 registration system if the person authorized to complete the medical certificate has physically

50 or by electronic process signed a statement stating the cause of death. Any persons
SS #2 SCS HB 199                                 92

51 completing the medical certification or entering data into the electronic death registration

52 system shall be immune from civil liability for such certification completion, data entry, or

53 determination of the cause of death, absent gross negligence or willful misconduct. The state

54 registrar may approve alternate methods of obtaining and processing the medical certification

55 and filing the death certificate. The Social Security number of any individual who has died

56 shall be placed in the records relating to the death and recorded on the death certificate.

57  6. When death occurs from natural causes more than thirty-six hours after the

58 decedent was last treated by a physician, physician assistant, assistant physician, or advanced

59 practice registered nurse, the case shall be referred to the county medical examiner or coroner

60 or physician or local registrar for investigation to determine and certify the cause of death. If

61 the death is determined to be of a natural cause, the medical examiner or coroner or local

62 registrar shall refer the certificate of death to the attending physician, physician assistant,

63 assistant physician, or advanced practice registered nurse for such certification. If the

64 attending physician, physician assistant, assistant physician, or advanced practice registered

65 nurse refuses or is otherwise unavailable, the medical examiner or coroner or local registrar

66 shall attest to the accuracy of the certificate of death either by signature or an approved

67 electronic process within thirty-six hours.

68  7. If the circumstances suggest that the death was caused by other than natural causes,

69 the medical examiner or coroner shall determine the cause of death and shall, either by

70 signature or an approved electronic process, complete and attest to the accuracy of the

71 medical certification within seventy-two hours after taking charge of the case.

72  8. If the cause of death cannot be determined within seventy-two hours after death,

73 the attending medical examiner, coroner, attending physician, physician assistant, assistant

74 physician, advanced practice registered nurse, or local registrar shall give the funeral director,

75 or person in charge of final disposition of the dead body, notice of the reason for the delay,

76 and final disposition of the body shall not be made until authorized by the medical examiner,

77 coroner, attending physician, physician assistant, assistant physician, advanced practice

78 registered nurse, or local registrar.

79  9. When a death is presumed to have occurred within this state but the body cannot be

80 located, a death certificate may be prepared by the state registrar upon receipt of an order of a

81 court of competent jurisdiction which shall include the finding of facts required to complete

82 the death certificate. Such a death certificate shall be marked "Presumptive", show on its face

83 the date of registration, and identify the court and the date of decree.

84  10. (1) The department of health and senior services shall notify all physicians,

85 physician assistants, assistant physicians, and advanced practice registered nurses licensed

86 under chapters 334 and 335 of the requirements regarding the use of the electronic vital

87 records system provided for in this section.
SS #2 SCS HB 199                         93

88        (2) On or before August 30, 2015, the department of health and senior services,

89 division of community and public health shall create a working group comprised of

90 representation from the Missouri electronic vital records system users and recipients of death

91 certificates used for professional purposes to evaluate the Missouri electronic vital records

92 system, develop recommendations to improve the efficiency and usability of the system, and

93 to report such findings and recommendations to the general assembly no later than January 1,

94 2016.

95        11. Notwithstanding any provision of law to the contrary, if a coroner or deputy

96 coroner is not current with or is without the approved training under chapter 58, the

97 department of health and senior services shall prohibit such coroner from attesting to the

98 accuracy of a certificate of death. No person elected or appointed to the office of coroner can

99 assume such elected office until the training[, as established by the coroner standards and

100 training commission under the provisions of section 58.035,] required under section 58.030

101 has been completed and a certificate of completion has been issued. In the event a coroner

102 cannot fulfill his or her duties or is no longer qualified to attest to the accuracy of a death

103 certificate, the sheriff of the county shall appoint a medical professional to attest death

104 certificates until such time as the coroner can resume his or her duties or another coroner is

105 appointed or elected to the office.

          193.265. 1. For the issuance of a certification or copy of a death record, the applicant

2 shall pay a fee of fourteen dollars for the first certification or copy and a fee of eleven dollars

3 for each additional copy ordered at that time. For the issuance of a certification or copy of a

4 birth, marriage, divorce, or fetal death record, the applicant shall pay a fee of fifteen dollars.

5 No fee shall be required or collected for a certification of birth, death, or marriage if the

6 request for certification is made by the children's division, the division of youth services, a

7 guardian ad litem, or a juvenile officer on behalf of a child or person under twenty-one years

8 of age who has come under the jurisdiction of the juvenile court under section 211.031. All

9 fees collected under this subsection shall be deposited to the state department of revenue.

10 Beginning August 28, 2004, for each vital records fee collected, the director of revenue shall

11 credit four dollars to the general revenue fund, five dollars to the children's trust fund, one

12 dollar shall be credited to the endowed care cemetery audit fund, one dollar for each

13 certification or copy of death records to the Missouri [state] coroners' [training] fund

14 established in section 58.208, and three dollars for the first copy of death records and five

15 dollars for birth, marriage, divorce, and fetal death records shall be credited to the Missouri

16 public health services fund established in section 192.900. Money in the endowed care

17 cemetery audit fund shall be available by appropriation to the division of professional

18 registration to pay its expenses in administering sections 214.270 to 214.410. All interest

19 earned on money deposited in the endowed care cemetery audit fund shall be credited to the
SS #2 SCS HB 199                              94

20 endowed care cemetery audit fund. Notwithstanding the provisions of section 33.080 to the

21 contrary, money placed in the endowed care cemetery audit fund shall not be transferred and

22 placed to the credit of general revenue until the amount in the fund at the end of the biennium

23 exceeds three times the amount of the appropriation from the endowed care cemetery audit

24 fund for the preceding fiscal year. The money deposited in the public health services fund

25 under this section shall be deposited in a separate account in the fund, and moneys in such

26 account, upon appropriation, shall be used to automate and improve the state vital records

27 system, and develop and maintain an electronic birth and death registration system. For any

28 search of the files and records, when no record is found, the state shall be entitled to a fee

29 equal to the amount for a certification of a vital record for a five-year search to be paid by the

30 applicant. For the processing of each legitimation, adoption, court order or recording after the

31 registrant's twelfth birthday, the state shall be entitled to a fee equal to the amount for a

32 certification of a vital record. Except whenever a certified copy or copies of a vital record is

33 required to perfect any claim of any person on relief, or any dependent of any person who was

34 on relief for any claim upon the government of the state or United States, the state registrar

35 shall, upon request, furnish a certified copy or so many certified copies as are necessary,

36 without any fee or compensation therefor.

37  2. For the issuance of a certification of a death record by the local registrar, the

38 applicant shall pay a fee of fourteen dollars for the first certification or copy and a fee of

39 eleven dollars for each additional copy ordered at that time. For each fee collected under this

40 subsection, one dollar shall be deposited to the state department of revenue and the remainder

41 shall be deposited to the official city or county health agency. The director of revenue shall

42 credit all fees deposited to the state department of revenue under this subsection to the

43 Missouri [state] coroners' [training] fund established in section 58.208.

44  3. For the issuance of a certification or copy of a birth, marriage, divorce, or fetal

45 death record, the applicant shall pay a fee of fifteen dollars; except that, in any county with a

46 charter form of government and with more than six hundred thousand but fewer than seven

47 hundred thousand inhabitants, a donation of one dollar may be collected by the local registrar

48 over and above any fees required by law when a certification or copy of any marriage license

49 or birth certificate is provided, with such donations collected to be forwarded monthly by the

50 local registrar to the county treasurer of such county and the donations so forwarded to be

51 deposited by the county treasurer into the housing resource commission fund to assist

52 homeless families and provide financial assistance to organizations addressing homelessness

53 in such county. The local registrar shall include a check-off box on the application form for

54 such copies. All fees collected under this subsection, other than the donations collected in

55 any county with a charter form of government and with more than six hundred thousand but
SS #2 SCS HB 199                              95

56 fewer than seven hundred thousand inhabitants for marriage licenses and birth certificates,

57 shall be deposited to the official city or county health agency.

58  4. A certified copy of a death record by the local registrar can only be issued after

59 acceptance and registration with the state registrar. The fees paid to the official county health

60 agency shall be retained by the local agency for local public health purposes.

61  5. No fee under this section shall be required or collected from a parent or guardian of

62 a homeless child or homeless youth, as defined in subsection 1 of section 167.020, or an

63 unaccompanied youth, as defined in 42 U.S.C. Section 11434a(6), for the issuance of a

64 certification, or copy of such certification, of birth of such child or youth. An unaccompanied

65 youth shall be eligible to receive a certification or copy of his or her own birth record without

66 the consent or signature of his or her parent or guardian; provided, that only one certificate

67 under this provision shall be provided without cost to the unaccompanied or homeless youth.

68 For the issuance of any additional certificates, the statutory fee shall be paid.

69  6. (1) Notwithstanding any provision of law to the contrary, no fee shall be required

70 or collected for a certification of birth if the request is made by a victim of domestic violence

71 or abuse, as those terms are defined in section 455.010, and the victim provides

72 documentation signed by an employee, agent, or volunteer of a victim service provider, an

73 attorney, or a health care or mental health professional, from whom the victim has sought

74 assistance relating to the domestic violence or abuse. Such documentation shall state that,

75 under penalty of perjury, the employee, agent, or volunteer of a victim service provider, the

76 attorney, or the health care or mental health professional believes the victim has been

77 involved in an incident of domestic violence or abuse.

78  (2) A victim may be eligible only one time for a fee waiver under this subsection.

    221.400. 1. Any two or more contiguous counties within the state may form an

2 agreement to establish a regional jail district. The district shall have a boundary which

3 includes the areas within each member county, and it shall be named the "______ Regional

4 Jail District". Such regional jail districts may contract to carry out the mission of the

5 commission and the regional jail district.

6   2. The county commission of each county desiring to join the district shall approve an

7 ordinance, order, or resolution to join the district and shall approve the agreement which

8 specifies the duties of each county within the district.

9   3. If any county wishes to join a district which has already been established under this

10 section, the agreement shall be rewritten and reapproved by each member county. If the

11 district already levies a sales tax pursuant to section 221.407, the county desiring to join

12 shall have approved the levy of the district sales tax in the county pursuant to subsection

13 3 of section 221.407, and the rewritten agreement shall be provided.
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14  4. The agreement which specifies the duties of each county shall contain the

15 following:

16  (1) The name of the district;

17  (2) The names of the counties within the district;

18  (3) The formula for calculating each county's contribution to the costs of the district;

19  (4) The types of prisoners which the regional jail may house, limited to prisoners

20 which may be transferred to counties under state law;

21  (5) The methods and powers which may be used for constructing, leasing or financing

22 a regional jail;

23  (6) The duties of the director of the regional jail;

24  (7) The timing and procedures for approval of the regional jail district's annual budget

25 by the regional jail commission; and

26  (8) The delegation, if any, by the member counties to the regional jail district of the

27 power of eminent domain.

28  5. Any county, city, town or village may contract with a regional jail commission for

29 the holding of its prisoners.

    221.402. In addition to the powers granted to the district by its member counties

2 under the agreement, the district has all the powers necessary or appropriate to carry out its

3 purposes, including, but not limited to, the following:

4   (1) To adopt bylaws and rules for the regulation of its affairs and the conduct of its

5 business;

6   (2) To adopt an official seal;

7   (3) To maintain an office at such place or places in one or more of the member

8 counties as the commission may designate;

9   (4) To sue and be sued;

10  (5) To make and execute leases, contracts, releases, compromises and other

11 instruments necessary or convenient for the exercise of its powers or to carry out its purposes;

12  (6) To acquire, construct, reconstruct, repair, alter, improve, [and] equip, extend, and

13 maintain jail facilities;

14  (7) To sell, lease, assign, mortgage, grant a security interest in, exchange, donate and

15 convey any or all of its properties whenever the commission finds such action to be in

16 furtherance of the district's purposes;

17  (8) To collect rentals, fees and other charges in connection with its services or for the

18 use of any facilities;

19  (9) To issue its bonds, notes or other obligations for any of its corporate purposes and

20 to refund the same.
SS #2 SCS HB 199                     97

    221.405. 1. Any regional jail district created pursuant to section 221.400 shall be

2 governed by a commission. The commission shall be composed of the sheriff and presiding

3 commissioner from each county within the district.

4   2. Each commissioner shall serve during his tenure as sheriff or as presiding

5 commissioner.

6   3. Commissioners shall serve until their successors in their county offices have [been

7 duly appointed] assumed office. Vacancies on the commission shall be filled by the

8 succeeding sheriff or presiding commissioner for the remainder of the term.

9   4. Commissioners shall serve without compensation, except that they shall be

10 reimbursed by the district for their reasonable and necessary expenses in the performance of

11 their duties.

12  5. A jail commissioner from each county in the district shall present a proposed

13 budget to the county commission.

    221.407. 1. The commission of any regional jail district may impose, by order, a

2 sales tax in the amount of [one-eighth of] up to one percent[, one-fourth of one percent, three-

3 eighths of one percent, or one-half of one percent] on all retail sales made in such region

4 which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525 for the

5 purpose of providing jail services [and court], facilities, and equipment for such region. The

6 tax authorized by this section shall be in addition to any and all other sales taxes allowed by

7 law, except that no order imposing a sales tax pursuant to this section shall be effective unless

8 the commission submits to the voters of the district, on any election date authorized in chapter

9 115, a proposal to authorize the commission to impose a tax.

10  2. The ballot of submission shall contain, but need not be limited to, the following

11 language:

12  Shall the ______________ (District name) regional jail district [of ______

13  (counties' names)] impose a region-wide sales tax of ______ (insert

14  amount) for the purpose of providing jail services [and court], facilities, and

15  equipment for the region?

16                ☐ YES                                         ☐ NO

17  If you are in favor of the question, place an "X" in the box opposite "YES".

18  If you are opposed to the question, place an "X" in the box opposite "NO".

19

20 If a majority of the votes cast on the proposal by the qualified voters of the district voting

21 thereon are in favor of the proposal, then the order and any amendment to such order shall be

22 in effect on the first day of the second quarter immediately following the election approving

23 the proposal. If the proposal receives less than the required majority, the commission shall

24 have no power to impose the sales tax authorized pursuant to this section unless and until the
SS #2 SCS HB 199         98

25 commission shall again have submitted another proposal to authorize the commission to

26 impose the sales tax authorized by this section and such proposal is approved by the

27 [required] majority of the qualified voters of the district voting on such proposal[; however, in

28 no event shall a proposal pursuant to this section be submitted to the voters sooner than

29 twelve months from the date of the last submission of a proposal pursuant to this section].

30  3. In the case of a county attempting to join an existing district that levies a sales

31 tax pursuant to subsection 1 of this section, such joining with the district shall not

32 become effective until the approval of the voters to levy the district sales tax in the

33 county attempting to join the district has been obtained. The election shall be called by

34 the county commission of the county attempting to join the district, and the district shall

35 by ordinance or order provide that the sales tax shall be levied in the joining county,

36 subject to approval of the county voters as herein provided. The ballot of submission

37 shall contain, but need not be limited to, the following language:

38  Shall the ______________ (District name) extend its regional jail

39  district sales tax of __________ (insert amount) to the boundaries of __

40  ______ (name of joining county) for the purpose of providing jail

41  services, facilities, and equipment for the region?

42                ☐ YES                                  ☐ NO

43  If you are in favor of the question, place an "X" in the box opposite

44  "YES". If you are opposed to the question, place an "X" in the box

45  opposite "NO".

46

47 If a majority of the votes cast on the proposal by the qualified voters of the county

48 attempting to join the district voting thereon are in favor of the proposal, then the tax

49 shall be in effect on the first day of the second quarter immediately following the

50 election approving the proposal, the county shall have been deemed to have joined the

51 district pursuant to a rewritten agreement as provided in subsection 3 of section

52 221.400, and the order of the commission levying the tax shall also become effective as to

53 the joining county on said date. If the proposal receives less than the required majority,

54 the district shall have no power to impose the sales tax authorized pursuant to this

55 section, and the county attempting to join the district shall not be permitted to do so,

56 unless and until the county commission of the county attempting to join the district shall

57 again have submitted another proposal to authorize the imposition of the sales tax

58 authorized by this section and such proposal is approved by the majority of the qualified

59 voters of the county attempting to join the district voting on such proposal.

60  4. All revenue received by a district from the tax authorized pursuant to this section

61 shall be deposited in a special trust fund and shall be used solely for providing jail services
SS #2 SCS HB 199                             99

62 [and court], facilities, and equipment for such district for so long as the tax shall remain in

63 effect.

64          [4.] 5. Once the tax authorized by this section is abolished or terminated by any

65 means, all funds remaining in the special trust fund shall be used solely for providing jail

66 services [and court], facilities, and equipment for the district. Any funds in such special trust

67 fund which are not needed for current expenditures may be invested by the commission in

68 accordance with applicable laws relating to the investment of other county funds.

69          [5.] 6. All sales taxes collected by the director of revenue pursuant to this section on

70 behalf of any district, less one percent for cost of collection which shall be deposited in the

71 state's general revenue fund after payment of premiums for surety bonds as provided in

72 section 32.087, shall be deposited in a special trust fund, which is hereby created, to be

73 known as the "Regional Jail District Sales Tax Trust Fund". The moneys in the regional jail

74 district sales tax trust fund shall not be deemed to be state funds and shall not be commingled

75 with any funds of the state. The director of revenue shall keep accurate records of the amount

76 of money in the trust fund which was collected in each district imposing a sales tax pursuant

77 to this section, and the records shall be open to the inspection of officers of each member

78 county and the public. Not later than the tenth day of each month the director of revenue shall

79 distribute all moneys deposited in the trust fund during the preceding month to the district

80 which levied the tax. Such funds shall be deposited with the treasurer of each such district,

81 and all expenditures of funds arising from the regional jail district sales tax trust fund shall be

82 paid pursuant to an appropriation adopted by the commission and shall be approved by the

83 commission. Expenditures may be made from the fund for any [function authorized in the

84 order adopted by the commission submitting the regional jail district tax to the voters] of the

85 district's authorized purposes.

86          [6.] 7. The director of revenue may make refunds from the amounts in the trust fund

87 and credited to any district for erroneous payments and overpayments made, and may redeem

88 dishonored checks and drafts deposited to the credit of such districts. If any district abolishes

89 the tax, the commission shall notify the director of revenue of the action at least ninety days

90 prior to the effective date of the repeal, and the director of revenue may order retention in the

91 trust fund, for a period of one year, of two percent of the amount collected after receipt of

92 such notice to cover possible refunds or overpayment of the tax and to redeem dishonored

93 checks and drafts deposited to the credit of such accounts. After one year has elapsed after

94 the effective date of abolition of the tax in such district, the director of revenue shall remit the

95 balance in the account to the district and close the account of that district. The director of

96 revenue shall notify each district in each instance of any amount refunded or any check

97 redeemed from receipts due the district.
SS #2 SCS HB 199                       100

98   [7.] 8. Except as provided in this section, all provisions of sections 32.085 and 32.087

99 shall apply to the tax imposed pursuant to this section.

100  [8. The provisions of this section shall expire September 30, 2028.]

     221.410. Except as provided in sections 221.400 to 221.420 the regional jail

2 commission shall have the following powers and duties:

3    (1) It shall implement the agreement approved by the counties within the district

4 under section 221.400;

5    (2) It shall determine the means to establish a regional jail for the district;

6    (3) It shall appoint a director for the regional jail;

7    (4) It shall determine the initial budget for the regional jail and shall approve, after a

8 review and a majority of the commissioners concurring therein, all subsequent budgets, for

9 which proposals may be submitted by the director;

10   (5) It may determine the policies for the housing of prisoners within the regional jail;

11   (6) It may buy, lease or sell real or personal property for the purpose of establishing

12 and maintaining a regional jail, and it may contract with public or private entities [for the

13 planning and acquisition of a] to acquire, construct, reconstruct, repair, alter, improve,

14 equip, and extend a regional jail;

15   (7) It may contract with [the department of corrections and with cities and other

16 counties in this state] governmental entities, including, without limitation, agencies and

17 instrumentalities thereof, or private entities for the housing of prisoners;

18   (8) It shall approve all positions to be created for the purpose of administering the

19 regional jail; and

20   (9) It shall approve a location for the regional jail which is [generally central to]

21 within the district.

     233.425. 1. Whenever a petition, signed by the owners of a majority of the acres of

2 land owned by residents of the county residing within the district organized under the

3 provisions of sections 233.320 to 233.445, shall be filed with the county commission of any

4 county in which such district is situated, setting forth the name of the district and the number

5 of acres owned by each signer of such petition and the whole number of acres in such district,

6 the county commission shall have power, if in its opinion the public good will be thereby

7 advanced, to disincorporate such road district. No such road district shall be disincorporated

8 until notice is published in at least one newspaper of general circulation in the county where

9 the district is situated for four weeks successively prior to the hearing of such petition.

10   2. Notwithstanding any provision of law to the contrary, any special road district

11 located in any county with more than fifteen thousand seven hundred but fewer than

12 seventeen thousand six hundred inhabitants and with a county seat with more than four

13 thousand two hundred ten but fewer than six thousand inhabitants shall have placed on
SS #2 SCS HB 199               101

14 the ballot by no later than the general election in November 2026 whether to dissolve

15 such special road district. If the voters approve such question to dissolve the special road

16 district, the responsibilities and outstanding obligations of the district shall be

17 transferred to the county.

    238.060. 1. There shall be five commissioners of the Kansas City area transportation

2 authority appointed from within the district established by the compact between the states of

3 Missouri and Kansas. One commissioner each shall be appointed from Cass, Platte and Clay

4 counties. One commissioner shall be appointed from a part of Jackson County other than that

5 part of such county that is within the city of Kansas City, and one commissioner shall be

6 appointed from the city of Kansas City. The commissioners serving on August 28, 2000,

7 shall serve the remainder of the term for which they were appointed.

8   2. Within sixty days before the expiration of the term of each commissioner holding

9 office on August 28, 2000, or any commissioner holding office after August 28, 2000, or

10 within thirty days after the position of a commissioner shall become vacant, that

11 commissioner's successor shall be appointed as follows:

12  (1) If the current commissioner or the position which has become vacant was

13 appointed from Platte or Clay County, the county commission of the county shall submit a

14 panel of three persons who are residents of that county and of any city, town or village,

15 including the city of Kansas City, Missouri, that has appropriated funds for operations of the

16 Kansas City area transportation authority in its current or immediately preceding fiscal year,

17 selected by a majority vote of the commission, to the mayor of Kansas City, Missouri, who

18 shall appoint from such panel, with the approval of a majority of the members of the city

19 council of the city of Kansas City, Missouri, a successor;

20  (2) If the current commissioner or the position which has become vacant was

21 appointed from Cass County, the county commission of the county shall, by a majority vote,

22 submit a panel of three persons who are residents of the county to the governor. Within thirty

23 days of submission, the governor shall appoint one person from the panel as commissioner,

24 with the advice and consent of the senate; provided that, if any panel is not submitted to the

25 governor by the time appointment is required, the governor shall appoint a qualified person

26 meeting the residency requirements to fill the vacancy;

27  (3) If the current commissioner or the position which has become vacant was

28 appointed from Jackson County, the county executive of Jackson County shall appoint a

29 successor who shall be a resident of any city, town or village, other than the city of Kansas

30 City, Missouri, that has appropriated funds for operations of the Kansas City area

31 transportation authority in its current or immediately preceding fiscal year;
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32  (4) If the current commissioner or the position which has become vacant was

33 appointed from Kansas City, Missouri, the mayor of Kansas City, Missouri, shall appoint a

34 successor who is a resident of that city.

35  3. Each commissioner appointed pursuant to this section shall hold office for a term

36 of four years or for the unexpired term of his or her predecessor and shall continue in office

37 until his or her successor has been appointed and has qualified. No person shall serve more

38 than two consecutive four-year terms as a commissioner, provided that a person appointed to

39 serve the unexpired term of a predecessor whose remaining term at the time of such

40 appointment is more than two and one-half years shall only be permitted to serve one

41 additional, consecutive four-year term.

    238.230. 1. If approved by:

2   (1) A majority of the qualified voters voting on the question in the district; or

3   (2) The owners of record of all of the real property located within the district who

4 shall indicate their approval by signing a special assessment petition;

5

6 the district may make one or more special assessments for those project improvements which

7 specially benefit the properties within the district. Improvements which may confer special

8 benefits within a district include but are not limited to improvements which are intended

9 primarily to serve traffic originating or ending within the district, to reduce local traffic

10 congestion or circuity of travel, or to improve the safety of motorists or pedestrians within the

11 district.

12  2. The ballot question shall be substantially in the following form:

13  Shall the ______ Transportation Development District be authorized to levy special

14 assessments against property benefitted within the district for the purpose of providing

15 revenue for the development of a project (or projects) in the district (insert general description

16 of the project or projects, if necessary), said special assessments to be levied ratably against

17 each tract, lot or parcel of property within the district which is benefitted by such project in

18 proportion to the (insert method of allocating special assessments), in an amount not to

19 exceed $______ per annum per (insert unit of measurement)?

20  3. The special assessment petition shall be substantially in the following form:

21  The ______ Transportation Development District shall be authorized to levy special

22 assessments against property benefitted within the district for the purpose of providing

23 revenue for the development of a project (or projects) in the district (insert general description

24 of the project or projects, if necessary), said special assessments to be levied pro rata against

25 each tract, lot or parcel or property within the district which is benefitted by such project in

26 proportion to the (insert method of allocating special assessments), in an amount not to

27 exceed $______ per annum per (insert unit of measurement).
SS #2 SCS HB 199                             103

28  4. If a proposal for making a special assessment fails, the district board of directors

29 may, with the prior approval of the commission or the local transportation authority which

30 will assume ownership of the completed project, delete from the project any portion which

31 was to be funded by special assessment and which is not otherwise required for project

32 integrity.

33  5. A district may establish different classes or subclasses of real property within the

34 district for purposes of levying differing rates of special assessments. The levy rate for

35 special assessments may vary for each class or subclass of real property based on the level of

36 benefit derived by each class or subclass from projects funded by the district.

37  6. Notwithstanding any provision of law to the contrary, all property owned by

38 an entity that is exempt from taxation under 26 U.S.C. 501(c), as amended, shall be

39 exempt from any special assessment levied by a district under this section so long as the

40 property is used in furtherance of the entity's tax exempt purposes.

    238.232. 1. If approved by at least four-sevenths of the qualified voters voting on the

2 question in the district, the district may impose a property tax in an amount not to exceed the

3 annual rate of ten cents on the hundred dollars assessed valuation. The district board may

4 levy a property tax rate lower than its approved tax rate ceiling and may increase that lowered

5 tax rate to a level not exceeding the tax rate ceiling without voter approval. The property tax

6 shall be uniform throughout the district.

7   2. The ballot of submission shall be substantially in the following form:

8   Shall the ______ Transportation Development District impose a property tax upon all

9   real and tangible personal property within the district at a rate of not more than ______

10  (insert amount) cents per hundred dollars assessed valuation for the purpose of providing

11  revenue for the development of a project (or projects) in the district (insert general

12  description of the project or projects, if necessary)?

13                ☐ YES                                     ☐ NO

14  If you are in favor of the question, place an "X" in the box opposite "YES". If you are

15  opposed to the question, place an "X" in the box opposite "NO".

16  3. The county collector of each county in which the district is partially or entirely

17 located shall collect the property taxes and special benefit assessments made upon all real

18 property and tangible personal property within that county and the district, in the same

19 manner as other property taxes are collected.

20  4. Every county collector having collected or received district property taxes shall, on

21 or before the fifteenth day of each month and after deducting his commissions, remit to the

22 treasurer of that district the amount collected or received by him prior to the first day of the

23 month. Upon receipt of such money, the district treasurer shall execute a receipt therefor,

24 which he shall forward or deliver to the collector. The district treasurer shall deposit such
SS #2 SCS HB 199                          104

25 sums into the district treasury, credited to the appropriate project or purpose. The collector

26 and district treasurer shall make final settlement of the district account and commissions

27 owing, not less than once each year, if necessary.

28  5. Notwithstanding any provision of law to the contrary, all property owned by

29 an entity that is exempt from taxation under 26 U.S.C. 501(c), as amended, shall be

30 exempt from any special assessment levied by a district under this section so long as the

31 property is used in furtherance of the entity's tax exempt purposes.

    311.084. 1. As used in this section, the following terms mean:

2   (1) "Common area", any area designated as a common area in a development

3 plan for an entertainment district approved by the governing body of the county, city,

4 town, or village; any area of a public right-of-way that is adjacent to or within the

5 entertainment district and has crossings well marked; and any other area identified in

6 the development plan or district plan;

7   (2) "Entertainment district", any area located in any county that borders on or

8 that contains part of a lake with not less than one thousand miles of shoreline that:

9   (a) Is located in any city with more than one thousand nine hundred but fewer

10 than two thousand one hundred fifty inhabitants and partially located in a county with

11 more than twenty-two thousand but fewer than twenty-five thousand inhabitants and

12 with a county seat with more than one hundred but fewer than five hundred

13 inhabitants; and

14  (b) Contains a combination of entertainment venues, bars, nightclubs, and

15 restaurants;

16  (3) "Portable bar", any bar, table, kiosk, cart, or stand that is not a permanent

17 fixture and can be moved from place to place.

18  2. Notwithstanding any other provisions of this chapter to the contrary, any

19 person who possesses the qualifications required by this chapter, and who meets the

20 requirements of and complies with the provisions of this chapter, may apply for, and the

21 supervisor of alcohol and tobacco control may issue, an entertainment district special

22 license to sell intoxicating liquor by the drink for retail for consumption dispensed from

23 one or more portable bars within the entertainment district from 6:00 a.m. until 3:00

24 a.m. on the following day, Monday through Saturday, and from 6:00 a.m. until 1:30 a.m.

25 the following day on Sunday.

26  3. An applicant granted an entertainment district special license under this

27 section shall pay a license fee of three hundred dollars per year.

28  4. Notwithstanding any other provision of this chapter to the contrary, the

29 holder of the entertainment district special license, at its sole discretion, shall determine

30 when and where a licensee is allowed under this chapter to sell alcoholic beverages.
SS #2 SCS HB 199                105

31 Persons may be allowed to leave licensed establishments located in portions of the

32 entertainment district with an alcoholic beverage and enter upon and consume the

33 alcoholic beverage within other licensed establishments and common areas located in

34 portions of the entertainment district. No person shall take any alcoholic beverage or

35 alcoholic beverages outside the boundaries of the entertainment district. At times when

36 a person is allowed to consume alcoholic beverages dispensed from portable bars and in

37 common areas of all or any portion of the entertainment district, the entertainment

38 district shall ensure that minors can be easily distinguished from persons of legal age

39 buying alcoholic beverages.

40  5. Every licensee within the entertainment district shall serve alcoholic

41 beverages in containers that display and contain the licensee's trade name or logo or

42 some other mark that is unique to that license and licensee.

43  6. The holder of an entertainment district special license is solely responsible for

44 alcohol violations occurring at its portable bar and in any common area.

    321.552. 1. [Except in any county of the first classification with over two hundred

2 thousand inhabitants, or any county of the first classification without a charter form of

3 government and with more than seventy-three thousand seven hundred but less than seventy-

4 three thousand eight hundred inhabitants; or any county of the first classification without a

5 charter form of government and with more than one hundred eighty-four thousand but less

6 than one hundred eighty-eight thousand inhabitants; or any county with a charter form of

7 government with over one million inhabitants; or any county with a charter form of

8 government with over two hundred eighty thousand inhabitants but less than three hundred

9 thousand inhabitants,] The governing body of any ambulance or fire protection district may

10 impose a sales tax in an amount up to [one-half of] one percent on all retail sales made in such

11 ambulance or fire protection district which are subject to taxation pursuant to the provisions

12 of sections 144.010 to 144.525 provided that such sales tax shall be accompanied by a

13 reduction in the district's tax rate as defined in section 137.073. The tax authorized by this

14 section shall be in addition to any and all other sales taxes allowed by law, except that no sales

15 tax imposed pursuant to the provisions of this section shall be effective unless the governing

16 body of the ambulance or fire protection district submits to the voters of such ambulance or

17 fire protection district, at a municipal or state general, primary or special election, a proposal

18 to authorize the governing body of the ambulance or fire protection district to impose a tax

19 pursuant to this section.

20  2. The ballot of submission shall contain, but need not be limited to, the following

21 language:

22  Shall ______ (insert name of ambulance or fire protection district) impose a

23  sales tax of ______ (insert amount up to [one-half) of] one percent) for the
SS #2 SCS HB 199                    106

24  purpose of providing revenues for the operation of the ______ (insert name

25  of ambulance or fire protection district) and the total property tax levy on

26  properties in the ______ (insert name of the ambulance or fire protection

27  district) shall be reduced annually by an amount which reduces property tax

28  revenues by an amount equal to fifty percent of the previous year's revenue

29  collected from this sales tax?

30                         ☐ YES         ☐ NO

31  If you are in favor of the question, place an "X" in the box opposite "YES".

32  If you are opposed to the question, place an "X" in the box opposite "NO".

33  3. If a majority of the votes cast on the proposal by the qualified voters voting thereon

34 are in favor of the proposal, then the sales tax authorized in this section shall be in effect and

35 the governing body of the ambulance or fire protection district shall lower the level of its tax

36 rate by an amount which reduces property tax revenues by an amount equal to fifty percent of

37 the amount of sales tax collected in the preceding year. If a majority of the votes cast by the

38 qualified voters voting are opposed to the proposal, then the governing body of the ambulance

39 or fire protection district shall not impose the sales tax authorized in this section unless and

40 until the governing body of such ambulance or fire protection district resubmits a proposal to

41 authorize the governing body of the ambulance or fire protection district to impose the sales

42 tax authorized by this section and such proposal is approved by a majority of the qualified

43 voters voting thereon.

44  4. All revenue received by a district from the tax authorized pursuant to this section

45 shall be deposited in a special trust fund, and be used solely for the purposes specified in the

46 proposal submitted pursuant to this section for so long as the tax shall remain in effect.

47  5. All sales taxes collected by the director of revenue pursuant to this section, less one

48 percent for cost of collection which shall be deposited in the state's general revenue fund after

49 payment of premiums for surety bonds as provided in section 32.087, shall be deposited in a

50 special trust fund, which is hereby created, to be known as the "Ambulance or Fire Protection

51 District Sales Tax Trust Fund". The moneys in the ambulance or fire protection district sales

52 tax trust fund shall not be deemed to be state funds and shall not be commingled with any

53 funds of the state. The director of revenue shall keep accurate records of the amount of

54 money in the trust and the amount collected in each district imposing a sales tax pursuant to

55 this section, and the records shall be open to inspection by officers of the county and to the

56 public. Not later than the tenth day of each month the director of revenue shall distribute all

57 moneys deposited in the trust fund during the preceding month to the governing body of the

58 district which levied the tax; such funds shall be deposited with the board treasurer of each

59 such district.
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60  6. The director of revenue may make refunds from the amounts in the trust fund and

61 credit any district for erroneous payments and overpayments made, and may redeem

62 dishonored checks and drafts deposited to the credit of such district. If any district abolishes

63 the tax, the district shall notify the director of revenue of the action at least ninety days prior

64 to the effective date of the repeal and the director of revenue may order retention in the trust

65 fund, for a period of one year, of two percent of the amount collected after receipt of such

66 notice to cover possible refunds or overpayment of the tax and to redeem dishonored checks

67 and drafts deposited to the credit of such accounts. After one year has elapsed after the

68 effective date of abolition of the tax in such district, the director of revenue shall remit the

69 balance in the account to the district and close the account of that district. The director of

70 revenue shall notify each district of each instance of any amount refunded or any check

71 redeemed from receipts due the district.

72  7. Except as modified in this section, all provisions of sections 32.085 and 32.087

73 shall apply to the tax imposed pursuant to this section.

    321.554. 1. [Except in any county of the first classification with more than two

2 hundred forty thousand three hundred but less than two hundred forty thousand four hundred

3 inhabitants, or any county of the first classification with more than seventy-three thousand

4 seven hundred but less than seventy-three thousand eight hundred inhabitants, or any county

5 of the first classification with more than one hundred eighty-four thousand but less than one

6 hundred eighty-eight thousand inhabitants, or any county with a charter form of government

7 and with more than one million inhabitants, or any county with a charter form of government

8 and with more than two hundred fifty thousand but less than three hundred fifty thousand

9 inhabitants,] When the revenue from the ambulance or fire protection district sales tax is

10 collected for distribution pursuant to section 321.552, the board of the ambulance or fire

11 protection district, after determining its budget for the year pursuant to section 67.010 and the

12 rate of levy needed to produce the required revenue and after making any other adjustments to

13 the levy that may be required by any other law, shall reduce the total operating levy of the

14 district in an amount sufficient to decrease the revenue it would have received therefrom by

15 an amount equal to fifty percent of the previous fiscal year's sales tax receipts. Loss of

16 revenue due to a decrease in the assessed valuation of real property located within the

17 ambulance or fire protection district as a result of general reassessment and from state-

18 assessed railroad and utility distributable property based upon the previous fiscal year's

19 receipts shall be considered in lowering the rate of levy to comply with this section in the year

20 of general reassessment and in each subsequent year. In the event that in the immediately

21 preceding year the ambulance or fire protection district actually received more or less sales

22 tax revenue than estimated, the ambulance or fire protection district board may adjust its

23 operating levy for the current year to reflect such increase or decrease. The director of
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24 revenue shall certify the amount payable from the ambulance or fire protection district sales

25 tax trust fund to the general revenue fund to the state treasurer.

26  2. Except that, in the first year in which any sales tax is collected pursuant to section

27 321.552, any taxing authority subject to this section shall not reduce the tax rate as defined in

28 section 137.073.

29  3. In a year of general reassessment, as defined by section 137.073, or assessment

30 maintenance as defined by section 137.115 in which an ambulance or fire protection district

31 in reliance upon the information then available to it relating to the total assessed valuation of

32 such ambulance or fire protection district revises its property tax levy pursuant to section

33 137.073 or 137.115, and it is subsequently determined by decisions of the state tax

34 commission or a court pursuant to sections 138.430 to 138.433 or due to clerical errors or

35 corrections in the calculation or recordation of assessed valuations that the assessed valuation

36 of such ambulance or fire protection district has been changed, and but for such change the

37 ambulance or fire protection district would have adopted a different levy on the date of its

38 original action, then the ambulance or fire protection district may adjust its levy to an amount

39 to reflect such change in assessed valuation, including, if necessary, a change in the levy

40 reduction required by this section to the amount it would have levied had the correct assessed

41 valuation been known to it on the date of its original action, provided:

42  (1) The ambulance or fire protection district first levies the maximum levy allowed

43 without a vote of the people by Article X, Section 11(b) of the Constitution; and

44  (2) The ambulance or fire protection district first adopts the tax rate ceiling otherwise

45 authorized by other laws of this state; and

46  (3) The levy adjustment or reduction may include a one-time correction to recoup lost

47 revenues the ambulance or fire protection district was entitled to receive during the prior year.

    321.556. 1. [Except in any county of the first classification with more than two

2 hundred forty thousand three hundred but less than two hundred forty thousand four hundred

3 inhabitants, or any county of the first classification with more than seventy-three thousand

4 seven hundred but less than seventy-three thousand eight hundred inhabitants, or any county

5 of the first classification with more than one hundred eighty-four thousand but less than one

6 hundred eighty-eight thousand inhabitants, or any county with a charter form of government

7 and with more than one million inhabitants, or any county with a charter form of government

8 and with more than two hundred fifty thousand but less than three hundred fifty thousand

9 inhabitants,] The governing body of any ambulance or fire protection district, when presented

10 with a petition signed by at least twenty percent of the registered voters in the ambulance or

11 fire protection district that voted in the last gubernatorial election, calling for an election to

12 repeal the tax pursuant to section 321.552, shall submit the question to the voters using the
SS #2 SCS HB 199                            109

13 same procedure by which the imposition of the tax was voted. The ballot of submission shall

14 be in substantially the following form:

15           Shall ______ (insert name of ambulance or fire protection district) repeal

16           the ______ (insert amount [up to one-half) of one]) percent sales tax now in

17           effect in the ______ (insert name of ambulance or fire protection district)

18           and reestablish the property tax levy in the district to the rate in existence

19           prior to the enactment of the sales tax?

20                ☐ YES                                        ☐ NO

21           If you are in favor of the question, place an "X" in the box opposite "Yes".

22           If you are opposed to the question, place an "X" in the box opposite "No".

23     2. If a majority of the votes cast on the proposal by the qualified voters of the district

24 voting thereon are in favor of repeal, that repeal shall become effective December thirty-first

25 of the calendar year in which such repeal was approved.

       483.083. 1. (1) Each circuit clerk shall annually receive as compensation the

2 following amounts as base salary:

3      [(1)] (a) In counties of the first classification, [thirty-six thousand one hundred forty-

4 five dollars;] except those counties where court is held in two cities, in which instance an

5 additional four thousand dollars shall be added to the base salary:

6      a. Before September 1, 2025, thirty-six thousand one hundred forty-five dollars;

7 and

8      b. Beginning on September 1, 2025, ninety-four thousand three hundred thirty

9 dollars;

10     [(2)] (b) In all counties of the second or fourth classification:

11     a. Before September 1, 2025, thirty-one thousand nine hundred seventy-eight

12 dollars; except those counties where court is held in two cities, thirty-five thousand five

13 hundred forty-nine dollars; and

14     b. Beginning on September 1, 2025, ninety thousand five hundred seventy-three

15 dollars; and

16     [(3)] (c) In the counties of the third classification:

17     a. Before September 1, 2025, twenty-seven thousand two hundred eighteen dollars

18 except those counties where court is held in two cities; thirty thousand three hundred eight

19 dollars; except Marion County circuit clerks, district one and district two in Hannibal, thirty-

20 one thousand three hundred eighty-three dollars; and

21     [(4) In the city of St. Louis, sixty-seven thousand three hundred sixty dollars;]

22     b. Beginning on September 1, 2025, eighty-five thousand five hundred sixty-five

23 dollars.
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24  [(5)] (2) The compensation of circuit clerks provided by subdivision (1) of this

25 subsection shall annually be increased by an amount equivalent to the annual salary

26 adjustment approved pursuant to section 476.405 for employees of the judicial department.

27  (3) The annual salary of a circuit clerk shall not be less than the previous yearly

28 compensation.

29  2. Such circuit clerks shall receive in addition to any salary provided by this section

30 any salary adjustment provided pursuant to section 476.405.

31  3. [In the event the judge orders child support payments in Marion County to be made

32 through the clerk, the clerk shall annually, on or before February first of each year, charge ten

33 dollars per year to each such person so obligated to make child support payments, which fee

34 shall be paid to the state.

35  4.] Payment of the compensation provided in this section shall be payable in equal

36 monthly installments, except that the salary of the circuit clerk of the city of St. Louis shall be

37 paid in semimonthly installments and except that all such compensation paid by the state shall

38 be paid [in] installments as provided in section 33.100. The compensation of all circuit clerks

39 shall be paid by the state and they shall be considered state employees for all purposes except

40 the manner of their selection, appointment, or removal from office; except that, the circuit

41 clerk of the city of St. Louis, the circuit clerk of St. Louis County, and the court administrator

42 of Jackson County shall continue to be paid by the city and those counties and shall not

43 become state employees, but the city of St. Louis, St. Louis County, and Jackson County shall

44 [each] be paid an amount which is equivalent to a circuit clerk's salary as provided in

45 subsection 3 of section 483.015.

46  [5.] 4. The compensation provided in this section shall be in lieu of all fees, and all

47 fees collected shall be paid over to the state or to the counties and the city of St. Louis as

48 otherwise provided by law.

49  5. The salary adjustments provided by this section shall not be effective unless

50 an initial appropriation necessary to fully fund the adjustments is approved by the

51 general assembly and the governor.

    513.455. 1. (1) As used in this section, "entity" means a county, a city, a town, a

2 township, a municipality, a road district, a water district, a sewer district, a fire district,

3 a library district, a hospital district, a school district, or any other political subdivision

4 of this state.

5   (2) All [courthouses, jails, clerks' offices and other buildings owned by any county or

6 municipality , and the lots on which they stand, and all burial grounds,] of the following

7 owned by an entity defined in subdivision (1) of this subsection shall be exempt from

8 attachment and execution:

9   (a) Courthouses;
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10       (b) Jails;

11       (c) Clerks' offices;

12       (d) Other buildings and improvements;

13       (e) Lots upon which structures listed in paragraphs (a) to (d) of this subdivision

14 are located; and

15       (f) Burial grounds and other lands.

16       2. If an entity defined in subdivision (1) of subsection 1 of this section enters into

17 a lease or other agreement with a lessee, agent, designee, or representative who is to

18 provide or arrange construction services on a project intended to be leased primarily to

19 a private entity for nongovernmental use, the entity may consent to the subjection of the

20 project and the land upon which it is located to the attachment of mechanics' liens filed

21 under chapter 429. Any such consent shall be in writing specifically stating such

22 consent, shall contain a legal description of the property to be subject to attachment,

23 shall be signed and acknowledged by its authorized official or officer in a form suitable

24 for recording, and shall be recorded in the office of the recorder of deeds for the county

25 in which the property is located. Such consent may be included as part of any lease or

26 other agreement, or a memorandum thereof, executed and recorded in the same

27 manner. Upon such recording, the property described therein shall be subject to the

28 provisions of chapter 429 as if the property were owned by a private person.

         550.320. 1. As used in this section, the following terms shall mean:

2        (1) "Department", the department of corrections of the state of Missouri;

3        (2) "Jail reimbursement", a daily per diem paid by the state for the

4 reimbursement of time spent in custody.

5        2. Notwithstanding any other provision of law to the contrary, whenever any

6 person is sentenced to a term of imprisonment in a correctional center, the department

7 shall reimburse the county or city not within a county for the days the person spent in

8 custody at a per diem cost, subject to appropriation, but not to exceed thirty-seven

9 dollars and fifty cents per day per offender. The jail reimbursement shall be subject to

10 review and approval of the department. The state shall pay the costs when:

11       (1) A person is sentenced to a term of imprisonment as authorized by chapter

12 558;

13       (2) A person is sentenced pursuant to section 559.115;

14       (3) A person has his or her probation or parole revoked because the offender

15 has, or allegedly has, violated any condition of the offender's probation or parole, and

16 such probation or parole is a consequence of a violation of the law, or the offender is a

17 fugitive from the state or otherwise held at the request of the department regardless of

18 whether or not a warrant has been issued; or
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19  (4) A person has a period of detention imposed pursuant to section 559.026.

20  3. When the final determination of any criminal prosecution shall be such as to

21 render the state liable for costs under existing laws, it shall be the duty of the office of

22 the sheriff or the chief executive officer of the city not within a county to certify the total

23 number of days any offender who was a party in such case remained in the jail and

24 submit the total number of days spent in custody to the department. The office of the

25 sheriff or chief executive officer of the city not within a county may submit claims to the

26 department, no later than two years from the date the claim became eligible for

27 reimbursement.

28  4. The department shall determine if the expenses are eligible pursuant to the

29 provisions of this chapter and remit any payment to the county or city not within a

30 county when the expenses are determined to be eligible. The department shall establish,

31 by rule, the process for submission of claims. Any rule or portion of a rule, as that term

32 is defined in section 536.010, that is created under the authority delegated in this section

33 shall become effective only if it complies with and is subject to all of the provisions of

34 chapter 536 and, if applicable, section 536.028. This section and chapter 536 are

35 nonseverable and if any of the powers vested with the general assembly pursuant to

36 chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are

37 subsequently held unconstitutional, then the grant of rulemaking authority and any rule

38 proposed or adopted after August 28, 2025, shall be invalid and void.

    [50.800. 1. On or before the first Monday in March of each year, the

2   county commission of each county of the second, third, or fourth class shall

3   prepare and publish in some newspaper as provided for in section 493.050, if

4   there is one, and if not by notices posted in at least ten places in the county, a

5   detailed financial statement of the county for the year ending December thirty-

6   first, preceding.

7   2. The statement shall show the bonded debt of the county, if any, kind

8   of bonds, date of maturity, interest rate, rate of taxation levied for interest and

9   sinking fund and authority for the levy, the total amount of interest and sinking

10  fund that has been collected and interest and sinking fund on hand in cash.

11  3. The statement shall also show separately the total amount of the

12  county and township school funds on hand and loaned out, the amount of

13  penalties, fines, levies, utilities, forfeitures, and any other taxes collected and

14  disbursed or expended during the year and turned into the permanent school

15  fund, the name of each person who has a loan from the permanent school fund,

16  whether county or township, the amount of the loan, date loan was made and

17  date of maturity, description of the security for the loan, amount, if any, of

18  delinquent interest on each loan.

19  4. The statement shall show the total valuation of the county for

20  purposes of taxation, the highest rate of taxation the constitution permits the

21  county commission to levy for purposes of county revenue, the rate levied by
SS #2 SCS HB 199                           113

22  the county commission for the year covered by the statement, division of the

23  rate levied among the several funds and total amount of delinquent taxes for all

24  years as of December thirty-first.

25  5. The statement shall show receipts or revenues into each and every

26  fund separately. Each fund shall show the beginning balance of each fund;

27  each source of revenue; the total amount received from each source of

28  revenue; the total amount available in each fund; the total amount of

29  disbursements or expenditures from each fund and the ending balance of each

30  fund as of December thirty-first. The total receipts or revenues for the year

31  into all funds shall be shown in the recapitulation. In counties with the

32  township form of government, each township shall be considered a fund

33  pursuant to this subsection.

34  6. Total disbursements or expenditures shall be shown for warrants

35  issued in each category contained in the forms developed or approved by the

36  state auditor pursuant to section 50.745. Total amount of warrants, person or

37  vendor to whom issued and purpose for which issued shall be shown except as

38  herein provided. Under a separate heading in each fund the statements shall

39  show what warrants are outstanding and unpaid for the lack of funds on that

40  date with appropriate balance or overdraft in each fund as the case may be.

41  7. Warrants issued to pay for the service of election judges and clerks

42  of elections shall be in the following form:

43  Names of judges and clerks of elections at $______ per day (listing the names

44  run in and not listing each name by lines, and at the end of the list of names

45  giving the total of the amount of all the warrants issued for such election

46  services).

47  8. Warrants issued to pay for the service of jurors shall be in the

48  following form:

49  Names of jurors at $______ per day (listing the names run in and not listing

50  each name by lines, and at the end of the list of names giving the total of the

51  amount of all the warrants issued for such election service).

52  9. Warrants to Internal Revenue Service for Social Security and

53  withholding taxes shall be brought into one call.

54  10. Warrants to the director of revenue of Missouri for withholding

55  taxes shall be brought into one call.

56  11. Warrants to the division of employment security shall be brought

57  into one call.

58  12. Warrants to Missouri local government employees' retirement

59  system or other retirement funds for each office shall be brought into one call.

60  13. Warrants for utilities such as gas, water, lights and power shall be

61  brought into one call except that the total shall be shown for each vendor.

62  14. Warrants issued to each telephone company shall be brought into

63  one call for each office in the following form:

64  (Name of Telephone Company for ______ office and total amount of warrants

65  issued).

66  15. Warrants issued to the postmaster for postage shall be brought into

67  one call for each office in the following form:

68  (Postmaster for ______ office and total amount of warrants issued).
SS #2 SCS HB 199                        114

69            16. Disbursements or expenditures by road districts shall show the

70   warrants, if warrants have been issued in the same manner as provided for in

71   subsection 5 of this section. If money has been disbursed or expended by

72   overseers the financial statement shall show the total paid by the overseer to

73   each person for the year, and the purpose of each payment. Receipts or

74   revenues into the county distributive school fund shall be listed in detail,

75   disbursements or expenditures shall be listed and the amount of each

76   disbursement or expenditure. If any taxes have been levied by virtue of

77   Section 12(a) of Article X of the Constitution of Missouri the financial

78   statement shall contain the following:

79   By virtue and authority of the discretionary power conferred upon the county

80   commissions of the several counties of this state to levy a tax of not to exceed

81   35 cents on the $100 assessed valuation the county commission of ______

82   County did for the year covered by this report levy a tax rate of ______ cents

83   on the $100 assessed valuation which said tax amounted to $______ and was

84   disbursed or expended as follows:

85

86   The statement shall show how the money was disbursed or expended and if

87   any part of the sum has not been accounted for in detail under some previous

88   appropriate heading the portion not previously accounted for shall be shown in

89   detail.

90            17. At the end of the statement the person designated by the county

91   commission to prepare the financial statement herein required shall append the

92   following certificate:

93            I, ______, the duly authorized agent appointed by the county commission of

94            ______ County, state of Missouri, to prepare for publication the financial

95            statement as required by section 50.800, RSMo, hereby certify that I have

96            diligently checked the records of the county and that the above and

97            foregoing is a complete and correct statement of every item of information

98            required in section 50.800, RSMo, for the year ending December 31, _____

99            _, and especially have I checked every receipt from every source

100           whatsoever and every disbursement or expenditure of every kind and to

101           whom and for what each such disbursement or expenditure was made and

102           that each receipt or revenue and disbursement or expenditure is accurately

103           shown. (If for any reason complete and accurate information is not given

104           the following shall be added to the certificate.) Exceptions: The above

105           report is incomplete because proper information was not available in the

106           following records ______ which are in the keeping of the following officer

107           or officers. The person designated to prepare the financial statement shall

108           give in detail any incomplete data called for by this section.

109                                                           Date ______

110           Officer designated by county commission to prepare financial statement

111           required by section 50.800, RSMo.

112

113  Or if no one has been designated said statement having been prepared by the

114  county clerk, signature shall be in the following form:
SS #2 SCS HB 199                    115

115  Clerk of the county commission and ex officio officer designated to prepare

116  financial statement required by section 50.800, RSMo.

117           18. Any person falsely certifying to any fact covered by the certificate

118  is liable on his bond and upon conviction of falsely certifying to any fact

119  covered by the certificate is guilty of a misdemeanor and punishable by a fine

120  of not less than two hundred dollars or more than one thousand dollars or by

121  imprisonment in the county jail for not less than thirty days nor more than six

122  months or by both fine and imprisonment. Any person charged with the

123  responsibility of preparing the financial report who willfully or knowingly

124  makes a false report of any record, is, in addition to the penalty otherwise

125  provided for in this law, deemed guilty of a felony and upon conviction shall

126  be sentenced to the penitentiary for not less than two years nor more than five

127  years.]

              [50.810. 1. The statement shall be printed in not less than 8-point

2    type, but not more than the smallest point type over 8-point type available and

3    in the standard column width measure that will take the least space. The

4    publisher shall file two proofs of publication with the county commission and

5    the commission shall forward one proof to the state auditor and shall file the

6    other in the office of the commission. The county commission shall not pay

7    the publisher until proof of publication is filed with the commission and shall

8    not pay the person designated to prepare the statement for the preparation of

9    the copy for the statement until the state auditor notifies the commission that

10   proof of publication has been received and that it complies with the

11   requirements of this section.

12            2. The statement shall be spread on the record of the commission and

13   for this purpose the publisher shall be required to furnish the commission with

14   at least two copies of the statement that may be pasted on the record. The

15   publisher shall itemize the cost of publishing said statement by column inch as

16   properly chargeable to the several funds and shall submit such costs for

17   payment to the county commission. The county commission shall pay out of

18   each fund in the proportion that each item bears to the total cost of publishing

19   said statement and shall issue warrants therefor; provided any part not properly

20   chargeable to any specific fund shall be paid from the county general revenue

21   fund.

22            3. The state auditor shall notify the county treasurer immediately of

23   the receipt of the proof of publication of the statement. After the first of April

24   of each year the county treasurer shall not pay or enter for protest any warrant

25   for the pay of any commissioner of any county commission until notice is

26   received from the state auditor that the required proof of publication has been

27   filed. Any county treasurer paying or entering for protest any warrant for any

28   commissioner of the county commission prior to the receipt of such notice

29   from the state auditor shall be liable on his official bond therefor.

30            4. The state auditor shall prepare sample forms for financial statements

31   and shall mail the same to the county clerks of the several counties in this

32   state. If the county commission employs any person other than a bonded

33   county officer to prepare the financial statement the county commission shall

34   require such person to give bond with good and sufficient sureties in the penal
SS #2 SCS HB 199                         116

35  sum of one thousand dollars for the faithful performance of his duty. If any

36  county officer or other person employed to prepare the financial statement

37  herein provided for shall fail, neglect, or refuse to, in any manner, comply with

38  the provisions of this law he shall, in addition to other penalties herein

39  provided, be liable on his official bond for dereliction of duty.]

    [58.035. 1. There is hereby established within the department of

2   health and senior services a "Coroner Standards and Training Commission"

3   which shall be composed of eight members, appointed by the governor, with

4   the advice and consent of the senate. The governor shall take into account the

5   diversity of the state when making the appointments to this commission. The

6   commission shall consist of:

7   (1) Two coroners elected from counties of the third classification;

8   (2) One coroner elected from a county of the first, second, or fourth

9   classification;

10  (3) One currently appointed medical examiner;

11  (4) One child death pathologist;

12  (5) One elected prosecuting attorney;

13  (6) One elected sheriff;

14  (7) The director of the department of health and senior services, or his

15  or her designee, who shall serve as a nonvoting member of the commission.

16  Each member of the coroner standards and training commission shall

17  have been at the time of his appointment a citizen of the United States and a

18  resident of this state for a period of at least one year, and members who are

19  coroners shall be qualified as established by this chapter.

20  2. The members of the commission shall serve for the following terms:

21  (1) Every member of the commission who holds elected office shall

22  serve an initial term of two years;

23  (2) Every member of the commission who does not hold elected office

24  shall serve an initial term of four years;

25  (3) Every member of the commission shall serve for a term of four

26  years after the initial term has been served.

27  3. Annually the commission shall elect one of the members as

28  chairperson. The coroner standards and training commission shall meet at

29  least twice each year as determined by the director of the department of health

30  and senior services, the chairperson, or a majority of the members to perform

31  its duties. A majority of the members of the coroner standards and training

32  commission shall constitute a quorum.

33  4. No member of the coroner standards and training commission shall

34  receive any compensation for the performance of his or her official duties.

35  5. The coroner standards and training commission shall establish

36  training standards, by rule, relating to the office of county coroner. These

37  standards shall relate to the operation of the office, the legal responsibilities of

38  the office, and the technical skills and knowledge required of the office.

39  6. Any rule or portion of a rule, as that term is defined in section

40  536.010, that is created under the authority delegated in this section shall

41  become effective only if it complies with and is subject to all of the provisions

42  of chapter 536 and, if applicable, section 536.028. This section and chapter
SS #2 SCS HB 199                          117

43  536 are nonseverable and if any of the powers vested with the general

44  assembly pursuant to chapter 536 to review, to delay the effective date, or to

45  disapprove and annul a rule are subsequently held unconstitutional, then the

46  grant of rulemaking authority and any rule proposed or adopted after August

47  28, 2020, shall be invalid and void.

48  7. Once the commission has developed standards, the commission

49  shall issue a report detailing the standards. This report shall be submitted to

50  the speaker of the house of representatives and the president pro tempore of

51  the senate, and shall be published on the website of the department of health

52  and senior services.]

    [58.096. Each deputy county coroner upon certification by the

2   Missouri Coroners and Medical Examiners Association of attendance at a

3   training program required by the provisions of subsection 2 of section 58.095

4   shall receive annual compensation, in addition to other compensation, of one

5   thousand dollars per year so long as subsection 2 of section 58.095 remains in

6   effect. This additional compensation shall be paid in the same manner and at

7   the same times as other compensation is paid to the deputy county coroner.

8   The provisions of this section shall not permit or require a reduction in the

9   amount of compensation received by any person holding the office of deputy

10  county coroner on January 1, 1989.]

    [221.105. 1. The governing body of any county and of any city not

2   within a county shall fix the amount to be expended for the cost of

3   incarceration of prisoners confined in jails or medium security institutions.

4   The per diem cost of incarceration of these prisoners chargeable by the law to

5   the state shall be determined, subject to the review and approval of the

6   department of corrections.

7   2. When the final determination of any criminal prosecution shall be

8   such as to render the state liable for costs under existing laws, it shall be the

9   duty of the sheriff to certify to the clerk of the circuit court or court of common

10  pleas in which the case was determined the total number of days any prisoner

11  who was a party in such case remained in the county jail. It shall be the duty

12  of the county commission to supply the cost per diem for county prisons to the

13  clerk of the circuit court on the first day of each year, and thereafter whenever

14  the amount may be changed. It shall then be the duty of the clerk of the court

15  in which the case was determined to include in the bill of cost against the state

16  all fees which are properly chargeable to the state. In any city not within a

17  county it shall be the duty of the superintendent of any facility boarding

18  prisoners to certify to the chief executive officer of such city not within a

19  county the total number of days any prisoner who was a party in such case

20  remained in such facility. It shall be the duty of the superintendents of such

21  facilities to supply the cost per diem to the chief executive officer on the first

22  day of each year, and thereafter whenever the amount may be changed. It shall

23  be the duty of the chief executive officer to bill the state all fees for boarding

24  such prisoners which are properly chargeable to the state. The chief executive

25  may by notification to the department of corrections delegate such

26  responsibility to another duly sworn official of such city not within a
SS #2 SCS HB 199  118

27  county. The clerk of the court of any city not within a county shall not include

28  such fees in the bill of costs chargeable to the state. The department of

29  corrections shall revise its criminal cost manual in accordance with this

30  provision.

31  3. Except as provided under subsection 6 of section 217.718, the actual

32  costs chargeable to the state, including those incurred for a prisoner who is

33  incarcerated in the county jail because the prisoner's parole or probation has

34  been revoked or because the prisoner has, or allegedly has, violated any

35  condition of the prisoner's parole or probation, and such parole or probation is

36  a consequence of a violation of a state statute, or the prisoner is a fugitive from

37  the Missouri department of corrections or otherwise held at the request of the

38  Missouri department of corrections regardless of whether or not a warrant has

39  been issued shall be the actual cost of incarceration not to exceed:

40  (1) Until July 1, 1996, seventeen dollars per day per prisoner;

41  (2) On and after July 1, 1996, twenty dollars per day per prisoner;

42  (3) On and after July 1, 1997, up to thirty-seven dollars and fifty cents

43  per day per prisoner, subject to appropriations.

44  4. The presiding judge of a judicial circuit may propose expenses to be

45  reimbursable by the state on behalf of one or more of the counties in that

46  circuit. Proposed reimbursable expenses may include pretrial assessment and

47  supervision strategies for defendants who are ultimately eligible for state

48  incarceration. A county may not receive more than its share of the amount

49  appropriated in the previous fiscal year, inclusive of expenses proposed by the

50  presiding judge. Any county shall convey such proposal to the department,

51  and any such proposal presented by a presiding judge shall include the

52  documented agreement with the proposal by the county governing body,

53  prosecuting attorney, at least one associate circuit judge, and the officer of the

54  county responsible for custody or incarceration of prisoners of the county

55  represented in the proposal. Any county that declines to convey a proposal to

56  the department, pursuant to the provisions of this subsection, shall receive its

57  per diem cost of incarceration for all prisoners chargeable to the state in

58  accordance with the provisions of subsections 1, 2, and 3 of this section.]

             Section B. The repeal and reenactment of section 137.115 of this act shall become
2 effective on January 1, 2026.

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