HCS HB 795, 972, 1128 & 1161 -- COUNTY GOVERNMENT (Johnson,
47)

This substitute changes the laws regarding county government.  In
its main provisions, the substitute:

(1)  Prohibits any municipal official, member of a school board,
or an employee of a school district from serving on a county
board of equalization in counties with a charter form of
government;

(2)  Allows any second, third, or fourth classification county to
set by ordinance countywide speed limits on roads within
unincorporated areas of the county;

(3)  Allows the salary commission of Cape Girardeau County to
determine in 2004 whether to equalize the base salary of the
county treasurer to an amount not greater than the current
maximum statutory salary for treasurers in counties of the first
classification;

(4)  Authorizes all counties without a charter form of government
to adopt certain ordinances or resolutions related to its
property, affairs, and local government.  These ordinances may
then be submitted to the voters for approval.  No county may pass
an ordinance that governs any railroad, telecommunications or
wireless company, public utility, electric cooperative, or
municipal utility.  Under current law, only counties of the
first, second, or fourth classification may adopt ordinances
related to their property, affairs, and local government.
Currently, only counties of the first, second, or fourth
classification are prohibited from adopting ordinances governing
utilities;

(5)  Allows county commissions and industrial development
authorities to use landfill fees for economic development within
the county.  Currently, these fees are used only by industrial
development authorities;

(6)  Increases the maximum reimbursement rate for members of
county planning commissions.  In second and third classification
counties, the rate of reimbursement for expenses will increase
from $15 to $25 per meeting.  In counties with alternative county
planning and zoning, the rate will increase from $10 to $25;

(7)  Requires the Jackson County public administrator, when
serving as conservator and using pooled accounts for
conservatorship funds, to have the pooled accounts audited at
least annually by an independent certified public accountant to
be paid for by the county.  When the accountant's audit report is
filed with the court, the written certification by a depositary
officer will not be required.  Under current law, conservators
are required to obtain a written certification that a bank
officer or other depositary officer has viewed securities and
other investments held by the conservator at the bank or other
depositary and verified them against the conservator's filed
settlement report;

(8)  Relieves counties, cities, and villages with fewer than
10,000 inhabitants of liability for the injury or death of a
person attending any fair, festival, or similar gathering
organized or sponsored by the municipality.  The county or
municipality must post a sign at the gathering stating that they
are not liable for an injury or a death resulting from the
inherent risks of participating in an activity;

(9)  Allows Jefferson County to establish county municipal courts
and adopt orders with penal provisions in the areas of traffic
violations, solid waste management, and animal control;

(10)  Authorizes the Office of Administration to provide
technical assistance, prepare technical publications, and make
grants to local governments, including unincorporated areas of
counties adopting a plan regarding local planning and land
development.  The substitute also expands the areas or issues
that can be addressed through comprehensive planning.  The state
office is authorized to prepare model ordinances, manuals, and
other technical publications and distribute them to local
governments, regional planning commissions, and public libraries;

(11)  Authorizes the Cass County Commission to impose a civil
fine of not more than $1,000 for misdemeanor county ordinance
violations and requires the county counselor, rather than the
county prosecuting attorney, to prosecute these violations.
Fines are to be deposited into the county general fund and used
to pay for the cost of enforcement of the ordinances; and

(12)  Removes the provision stating that Kansas City municipal
judges and court personnel are not subject to court management
and case docketing by the presiding judge or rules of the circuit
court.

FISCAL NOTE:  No impact on state funds in FY 2005, FY 2006, and
FY 2007.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:13 am