HCS HB 1030, 1033, 1146, 1225 & 1326 -- POLITICAL SUBDIVISIONS

SPONSOR:  Johnson (47)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 13 to 0.

This substitute changes the laws regarding political
subdivisions.  In its main provisions, the substitute:

(1)  Allows a county commission to reject the transfer of title
of real property to the county by donation or dedication if it is
in the best interest of the county to do so.  The preparer of a
document donating or dedicating real property to a county cannot
submit the document for recording unless the grantee's acceptance
is proved or acknowledged (Section 49.292, RSMo);

(2)  Establishes the salary schedule for public administrators in
second, third, and fourth classification counties who choose to
be paid by salary and who are considered full-time county
officials as the base schedule for those officials, unless the
current salary is lower than the compensation in the schedule.
The lowering of county official salaries below the level being
paid on August 28, 2005, is retroactively prohibited, and any
action or vote doing so is voided (Section 50.327);

(3)  Requires second, third, and fourth classification counties
to post their detailed financial statement on the county website,
if one exists.  Certain items previously required to be
separately listed in the financial statement are consolidated.
Maximum limits are established for the cost of publishing the
detailed financial statement, depending on the assessed valuation
of the county, and the costs must be paid out of the county
general revenue fund rather than various other funds (Sections
50.800, 50.810, and 50.815);

(4)  Requires all charter counties to mail property tax
statements and receipts to taxpayers at least 30 days before they
are due.  Currently, statements are required to be mailed at
least 15 days before the due date (Section 52.230);

(5)  Allows the governing body of any municipality or county to
authorize its employees or agents to stand in a road to solicit
charitable contributions.  The employee or agent must make
written application at least 11 days before soliciting and may
need to  provide proof of liability insurance.  The governing
body may require payment of a reasonable fee (Section 67.304);

(6)  Authorizes Perry County to impose, upon voter approval, a
sales tax of up to one-fourth of 1% to equally fund senior
services and youth programs.  A senior services tax commission
must be established to administer the revenue received for senior
services (Section 67.997);

(7)  Authorizes the City of Gladstone to impose, upon voter
approval, a transient guest tax of up to 5% on hotel and motel
rooms to be used for the promotion of tourism (Section 67.1003);

(8)  Authorizes Pulaski County to impose, upon voter approval, a
sales tax of one-eighth of 1% to fund construction of a women's
and children's shelter.  The sales tax will expire three years
after its effective date unless repealed sooner (Section
67.2040);

(9)  Requires that all property owners within an area proposed to
be incorporated into a city be notified by mail of the proposed
incorporation, the date of the hearing, and that a public hearing
will be held.  The names and mailing addresses of all property
owners within the proposed area are required in the petition for
incorporation, and sufficient funds to cover the cost of mailing
the notice must also be included (Section 72.080);

(10)  Authorizes municipalities in St. Louis County to impose,
upon voter approval, a sales tax of up to 0.5% for improving
public safety to be used solely for equipment purchases and
employee salaries for police, fire, and emergency medical
providers.  Before placing the tax on the ballot, the
municipality must itemize the police, fire, and emergency medical
provider budgets, and the revenue generated from this tax will be
divided proportionally between these departments based upon the
declared budgets.  Municipalities imposing a tax under this
authorization cannot charge residents a fee for ambulance or fire
protection services rendered (Section 94.860);

(11)  Removes the county assessor from a county board of
equalization, but requires the assessor or a staff member to
attend the hearings and present evidence pertaining to the
assessment.  The county commission must appoint one additional
member with relevant experience to the board.  Currently, county
commissioners may appoint two additional members.  The substitute
also extends statewide a requirement that a property owner's
position must prevail if a majority of the board of equalization
is not present for a hearing after request by the property owner.
Currently, this provision only applies to St. Louis County
(Sections 138.010 and 138.135);

(12)  Allows the City of Corder to sell or use property
originally acquired from a school district for public use for any
purpose after 25 years (Section 177.091);

(13)  Requires members of ambulance district boards first elected
after January 1, 2006, to complete educational training.  The
training will be offered by a statewide association organized for
the benefit of ambulance districts or approved by the State
Advisory Council on Emergency Medical Services.  The content of
the training must include the duties of the ambulance district
director, all ambulance district statutes and regulations, ethics
and sunshine laws, financial and fiduciary responsibilities, and
laws relating to the setting of tax rates and revenue
limitations.  If a board member does not receive the required
training within one year of taking office, the board member
cannot receive an attendance fee until training is completed
(Section 190.053);

(14)  Allows county commissions, at their discretion, to open a
county road and conclusively establishes the status as a public
road of any county road for which the county has received county
aid road trust funds for at least five years after January 1,
1990.  The county highway engineer is no longer required to
examine and approve a road or road change before the county
commission takes action on the road (Sections 228.040, 228.070,
and 228.190);

(15)  Requires members of fire protection district (FPD) boards
first elected after January 1, 2006, to complete educational
training.  The content of the training will be determined by the
State Fire Marshal but must include the duties of the FPD
director, all FPD statutes and regulations, ethics and sunshine
laws, financial and fiduciary responsibilities, and laws relating
to the setting of tax rates and revenue limitations.  If a board
member does not receive the required training within one year of
taking office, the board member cannot receive an attendance fee
until the training is completed (Section 321.162);

(16)  Authorizes the circuit court to fill a vacancy on a fire
protection district board if the two remaining elected members
cannot agree (Section 321.200);

(17)  Authorizes any ambulance or fire protection district in the
counties of Greene, Platte, Clay, St. Charles, and St. Louis,
upon voter approval, to impose a sales tax of up to one-half of
1% for the operation of the district and for the reduction of
property taxes.  Currently, the ambulance and fire protection
districts in these counties are excepted from the tax
authorization.  Ambulance or fire protection districts imposing a
tax under this authorization cannot charge residents a fee for
services rendered (Section 321.552);

(18)  Makes any term or provision in a contract unenforceable if
it requires a public administrator who is acting as a guardian to
personally pay or guarantee the debt of a ward or protectee
(Section 473.748);

(19)  Reassigns the Monroe City R-1 School District to a county
with a higher dollar value modifier (Section 1);

(20)  Requires the cities of Rogersville and Springfield to abide
by the terms of the November 15, 2005, settlement agreement
between the cities relating to involuntary annexation of certain
real property located between the two cities (Section 2);

(21)  Authorizes the Governor to convey state property located in
Jackson County to the City of Kansas City (Section 3); and

(22)  Authorizes the City of Joplin to impose a retail sales tax
of up to one half of 1% to be used for nonprofit museums and
nonprofit organizations that develop, promote, or operate
historical locations.  Any city is authorized to impose, upon
voter approval, a sales tax of up to one half of 1% for the
purpose of operating, building, or renovating historical
locations and museums to promote tourism (Section 4).

The substitute contains an emergency clause for the provision
regarding the Monroe City R-1 School District.

FISCAL NOTE:  Estimated Income on General Revenue Fund of $17,049
or Unknown in FY 2007, $32,714 or Unknown in FY 2008, and $47,980
or Unknown in FY 2009.  No impact on Other State Funds in FY
2007, FY 2008, and FY 2009.

PROPONENTS:  Supporters of HB 1030 say that charter counties are
the only counties not required by statute to mail property tax
statements.

Supporters of HB 1033 say that revenue is needed to fund a new
shelter because the existing shelter is too small for current
needs.

Supporters of HB 1146 say that all special district board members
should have some type of formal training, especially in ethics.
Federal regulations soon will be adopted mandating training and
education for fire protection district board members, so the bill
gives them a head start.

Supporters of HB 1225 say that county commissions should have
discretion in accepting a road as a county road.

Supporters of HB 1326 say that authorizing political subdivisions
to sell donated property after 25 years will allow them to
dispose of property that may have become a financial burden, but
will still prevent them from seeking an immediate financial gain.

Testifying for HB 1030 was Representative Johnson (47).
Testifying for HB 1033 were Representative Day; and Missouri
Coalition Against Domestic Violence.  Testifying for HB 1146 were
Representative Bivins; Missouri State Council of Firefighters;
Metro West Fire Protection District; Creve Coeur Fire Protection
District; Monarch Fire Protection District; West County Fire
Protection District; Florissant Fire Protection District; and
Fire Service Alliance.  Testifying for HB 1225 was Representative
Smith (118).  Testifying for HB 1326 were Representative Aull;
and Missouri Council of School Administrators.

OPPONENTS:  Those who oppose HB 1030 say that it is an unfunded
mandate in violation of the Hancock amendment to the Missouri
Constitution.

Testifying against HB 1030 was Jackson County.

OTHERS:  Others testifying on HB 1225 say that the county should
require a road be brought up to county standards before it is
accepted as a county road.

Others testifying on HB 1326 say that there are concerns with how
the bill will affect larger municipalities.

Others testifying on HB 1225 was Lafayette County.  Others
testifying on HB 1326 was Missouri Municipal League.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:41 am