HCS HB 919 -- POLITICAL SUBDIVISIONS

SPONSOR:  Schneider

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 11 to 0.

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

(1)  Requires compensation paid by a municipality for services
performed for the municipality by a county officer to be paid
only to the county.  Currently, the compensation can be paid
directly to and retained by the county officer in addition to his
or her regular compensation (Section 50.332, RSMo);

(2)  Requires that when moneys are delivered to the public
administrator by the county coroner, the public administrator
will take charge of the moneys as specified in statute (Sections
58.500, 58.510, and 473.743);

(3)  Authorizes the county governing body to have exclusive
control over the expenditures and operation of a regional
recreational district located only in that county on land owned
solely by the county (Section 67.797);

(4)  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);

(5)  Authorizes Franklin County to impose, upon voter approval,
a transient guest tax between 2% and 5% per room per night in the
Sullivan C-II School District to be used for the promotion of
tourism (Section 67.1360);

(6)  Repeals language specifically permitting legally authorized
representatives of landowners to serve on the board of directors
of a Community Improvement District (CID) in the City of
Springfield.  Currently, this membership is already allowed
statewide.  Statewide, up to five legally authorized
representatives of any of the CID property owners are authorized
to serve on the board if there are less than five owners of
property in the CID.  Currently, this membership is authorized
only in the City of Springfield (Section 67.1451);

(7)  Authorizes new construction in blighted areas in CIDs
(Section 67.1461);

(8)  Clarifies that a CID election to impose a district sales and
use tax is conducted under the CID laws, and not Chapter 115
(Section 67.1545);

(9)  Allows the governing body of any county or city that has
adopted transect-based zoning under Chapter 89 and the counties
of Franklin, Clay, Jackson, Boone, or Jasper and their
municipalities to form a theater, cultural arts, and
entertainment district.  Currently, only St. Charles County and
its municipalities are allowed to form a district.  The
substitute also:

(a)  Allows the district to fund infrastructure projects;

(b)  Reduces the number of contiguous acres the district must
include from 50 to 25;

(c)  Requires, instead of allows, the governing body of the city
or county in which a district is proposed to pass a resolution
describing the district when a petition for its creation is
filed;

(d)  Defines the term "transect-based zoning"; and

(e)  Repeals the duplicate of Section 67.2505 (Sections 67.2500,
67.2505, 67.2510, 89.010, and 89.400);

(10)  Specifies that voluntary annexations by third class cities
do not require voter approval (Section 77.020);

(11)  Specifies that for industrial development project plans
approved after May 15, 2005, in Boone County, all affected taxing
entities must receive notice and payment in lieu of taxes, not
just the entities in current law (Sections 100.050 and 100.059);

(12)  Changes the deadline for county commissions to receive
proposals and publicly open bids from banks regarding the
selection of the depository of county funds from April 1 of each
year to any date on or before the first Monday of July (Sections
110.130, 110.140, and 110.150);

(13)  Authorizes a procedure by which the existing boundaries of
a county library subdistrict may be expanded and the existing
subdistrict tax rate imposed, upon voter approval, in the
expanded area (Section 182.015);

(14)  Changes the term of office for a person who is appointed to
fill a vacancy on an ambulance district board from until the next
annual election of board members to the remainder of the
unexpired term of the replaced board member (Section 190.052);

(15)  Requires members of ambulance district boards first elected
after January 1, 2008, to complete educational training within
one year of their election.  No board member can receive an
attendance fee for any meeting unless he or she has completed the
required training or does so within three months of the meeting
(Section 190.053);

(16)  Allows the City of Joplin to opt out of the jurisdiction of
an emergency services board created under Sections 190.300 -
190.340; and if it does so, the city will receive 80% of the tax
levied and collected under Section 190.337 within the city
limits.  The city is not required to establish a board under
Section 190.327 or 190.328, but may require that all dispatching
of emergency services operating within the city be provided by
the city (Section 190.305);

(17)  Specifies that fire protection districts, municipal fire
departments, and volunteer fire protection associations will be
the sole providers of fire suppression and related activities
within their legally defined boundaries, unless their governing
body authorizes another entity to provide those services.  If
authorization is denied to another entity, that entity can appeal
the denial to the circuit court with jurisdiction (Section
320.096);

(18)  Reduces the distance from any fuel dispenser that fireworks
can be manufactured, stored, or sold from 100 feet to 50 feet
(Sections 320.106 and 320.146);

(19)  Defines "fire department" to include fire protection
districts and volunteer fire protection associations as it
relates to the laws regarding the jurisdiction and duties of the
State Fire Marshal.  Fire departments must file a registration
form by January 30, 2008; and the State Fire Marshal may issue
each fire department an identification number based upon the
registration.  A volunteer fire protection association is
required to identify and register its boundaries with its county
governing body (Sections 320.200, 320.271, 320.300, and 320.310);

(20)  Specifies that fire protection district board members must
reside in the district.  If a board member is no longer a
resident of the district, his or her seat is deemed vacant and
must be filled according to statutory procedures (Section
321.130);

(21)  Requires members of fire protection district boards first
elected after January 1, 2008, to complete educational training
within one year of their election.  No board member can receive
an attendance fee for any meeting under Section 321.190 or
321.603, unless he or she has completed the required training or
does so within three months of the meeting (Section 321.162);

(22)  Prohibits an investment firm, legal firm offering bond
counsel services, or any person having interest in these firms
from being involved with the issuance of bonds authorized by an
election if the person or firm made direct or indirect financial
contributions as defined to any campaign in support of the bond
election (Section 409.107);

(23)  Authorizes licensed ambulance services, emergency medical
response agencies, and not-for-profit organizations which
contract for ambulance services to establish peer review
committees (Section 537.035); and

(24)  Requires the cities of Rogersville and Springfield to abide
by the terms of the November 15, 2005, settlement agreement
between the cities relating to the involuntary annexation of
certain real property located between the two cities (Section 1).

FISCAL NOTE:  Estimated Income on General Revenue Fund of $0 or
Unknown in FY 2008, FY 2009, and FY 2010.  No impact on Other
State Funds in FY 2008, FY 2009, and FY 2010.

PROPONENTS:  Supporters say that the qualifications for a
community improvement district board director should be uniform
statewide.

Testifying for the bill were Representative Schneider; and Husch
and Eppenberger.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:20 am