SECTIONS 48.020 & 48.030

This section increases the assessed valuation a county must maintain in order to move into a higher classification. The assessed valuation for counties of the first classification is increased from $600 million to $900 million. The assessed valuation for counties of the second classification is increased from $450 million to $600 million. All counties with an assessed valuation of less than $600 million will be counties of the third classification. However, counties of the second classification, which on August 28, 2010 have had an assessed valuation of at least $600 million for at least one year may, by resolution, instead choose to be a county of the first classification.

The required assessed valuation for each classification shall be increased annually by an amount equal to any percentage change in the annual average of the consumer price index for all urban consumers or zero, whichever is greater. The state tax commission shall calculate and publish this amount so that it is available to all counties.

These sections specify that county classification changes shall become effective as provided for under Section 48.030.

These sections contains an emergency clause.

These sections are similar to SB 455 (2009), HB 1562 (2010), CCS/HCS/SCS/SB 605 (2010), SS/HCS/HB 1806 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 49.310

This section allows all counties of the third classification to establish a jail or holding facility outside of the county seat. Currently, Moniteau County is the only county of the third classification that may establish such a jail.

This section has an emergency clause.

This section is identical to HB 1707 (2010) and a provision of HCS/SS/SCS/SB 580 (2010).

SECTION 50.622

This section allows counties to amend the annual budget during a fiscal year to reflect any decrease in funds that were not estimated when the original budget was adopted. Currently, the county may amend the budget during a fiscal year when the county receives additional funds which could not be estimated when the budget was adopted.

This section is similar to HB 1793 (2010) and a provision of SS/SCS/SB 580 (2010).

SECTION 50.660

Under this section, a county is not required to obtain bids on purchases of $5,000 or less. Currently, such amount is set at $4,500.

This section requires counties of the first classification to advertise contracts and purchases for bid on its website for at least thirty days. The section also requires the county commission of any county of the first classification to post notice of a "single feasible source" purchase that does not require bidding on its website for at least 30 days. In such counties, any prospective bidder or offeror may file a written challenge, prior to approval of the contract by the commission, that such supply has a single feasible source. Upon receiving the challenge, the commission shall take testimony on the subject at a public meeting and vote on whether to proceed with the purchase or accept bids for such supply.

This section is similar to provisions of SB 256 (2009), HB 376 (2009), HB 1589 (2010), SB 871 (2010), HCS/SCS/SB 887 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTIONS 52.290, 52.312, 52.361, 52.370, 54.010, 55.140, 55.190, 139.031,139.140, 139.150, 139.210, 139.220, 140.050, 140.070, 140.080, 140.160, and 165.071

Currently, in counties without a charter form of government the collector collects a seven percent fee for the collection of delinquent taxes. In counties with a charter form of government and St. Louis City, the collector collects a two percent fee for the collection of such taxes. Under this act, in counties adopting a charter form of government after January 1, 2008, the collector will collect a seven percent fee for the collection of delinquent taxes, while the collector in counties adopting a charter form of government before January 1, 2008, will collect a two percent fee. The provisions contained in a county's charter authorizing the collection of a fee for the collection of back taxes which conflict with state law will control.

These sections allow certain counties of the first and second classification to collect property taxes using electronic records and disbursements. County collectors of these counties are required by the fifteenth day of each month to file, with the county clerk and auditor, a detailed statement of all taxes and license fees collected during the preceding month. The act requires payment of current taxes due, in addition to payment of taxes under protest, as a condition precedent to the collector's disbursement of taxes not under protest and the impounding of protested or disputed taxes. Taxing authorities will be required to request notification of current taxes paid under protest by February 1, and county collectors must provide the information by March 1.

Currently, all counties, except counties with a charter form of government excluding St. Charles County, are required to establish a "Tax Maintenance Fund" to be used solely as a depository for funds received or collected for the purpose of funding additional costs and expenses incurred in the collector's office. Under this act, counties adopting a charter form of government after January 1, 2008, will be required to establish such a fund as well.

In the event a county of the third or fourth classification abolishes its township organization, the collector treasurer must assume all duties, compensation, and requirements of the collector-treasurer.

These provisions are similar to provisions contained in the SCS#2/HCS/HB 148 (2009), SB 736 (2010), HCS/SS/SCS/SB 580 (2010), HCS/SB 686 (2010), and SCS/HB 1424 (2010).

SECTION 55.030

This section requires the auditor of any county with a charter form of government to annually take an inventory of county property with an original value of $1,000 or more, rather than $250.

This section is similar to SB 628 (2010), SS/SB 757 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 59.003

This section requires requests for records filed or recorded by the recorder of deeds dated after December 31, 1969 be made to the office of the recorder of deeds in which the record was originally recorded.

This section is similar to a provision of SB 362 (2009) and HB 1959 (2010) and a provision of SS/SCS/SB 580 (2010).

SECTION 67.110

This section requires political subdivisions located at least partially within a charter county or the City of St. Louis to set their property tax rates by October first each year.

This section is identical to provisions of SB 860 (2010), HB 1392 (2010), HCS/SS/SCS/SB 580 (2010), SCS/HCS/HB 2048 (2010), and HCS/SB 686 (2010).

SECTION 67.309

This section allows Boone County to establish curfews for persons under the age of seventeen. Any minor who violates such curfew is guilty of a class C misdemeanor. If the minor's parent or guardian has knowledge of such violation, he or she is also guilty of a class C misdemeanor.

This section is similar to SB 831 (2010) and HCS/SCS/SB 887 (2010) and identical to a provision of HCS/SB 386 (2009), a provision of SS/SCS/SB 580 (2010).

SECTION 67.314

This section creates the "Political Subdivision Construction Bidding Standards Act". Except for certain violations, this act does not apply to political subdivisions that have specific state or local competitive bidding requirements that are equivalent or stricter than the ones contained in this act or any city with a charter form of government, which provides for open competition within its charter and provides procedures within its ordinances that use an internet-based site accessible to prospective bidders. If a political subdivision is not covered by a specific federal, state, or local law that is equivalent or stricter in its requirements or is not such a charter city, it shall comply with the advertising and bidding requirements outlined in this act when soliciting bids and awarding contracts of $8,000 or more.

Contract for construction shall be advertised in advance of the acceptance of bids. Bids shall be advertised through publication in a central repository developed by the office of administration and for a minimum of two days in an area newspaper, with the first ad appearing at least 30 days in advance of the stated deadline for acceptance of bids. The office of administration shall develop procedures for bids to be placed in a central repository. Political subdivisions shall not be required to comply with the central repository requirements unless the office of administration develops such repository at no cost to the state. Ads and solicitations must include the project name, submission deadline, and the time, date, and location of where the bids shall be received and opened.

Unless otherwise specified by law, a contract shall be awarded to the lowest and best bidder. However, the political subdivision may reject the low bidder based on the bidder's failure to provide a performance or payment bond, nonperformance on previous contracts, or other reasons specified as to the bidder's inability to adequately perform the contract.

Under no circumstances shall construction contracts for any political subdivision be awarded in violation of certain requirements, including opening bids in advance of the advertising deadline, accepting bids that are unwritten, accepting bids after the advertised deadline, and failing to hold bids confidential. A person submitting a bid, or who would have submitted a bid except for violations, may seek equitable relief and monetary damages for monetary losses.

Electronic bidding shall be allowed if it meets the standards of confidentiality. Nothing in this section shall require acceptance of a bid which exceeds the amount estimated by the political subdivision for the contract. Also, political subdivisions may award contracts without competitive bidding when there is an immediate public danger, to prevent loss to property, or to prevent or restore essential public services. Under such circumstances, the political subdivision must produce a written public record documenting the need to contract without competitive bidding.

This section is similar to provisions of SB 729 (2010), HB 2218 (2010), HCS/SS/SCS/SB 580 (2010), HCS/SB 716 (2010), and HCS/SCS/SB 887 (2010).

SECTION 67.456

Currently, the average maturity of bonds or notes issued under the neighborhood improvement district act shall not exceed 120% of the average economic life of the improvements for which the bonds or notes are issued. Under this section, this provision is the same, provided bonds for which an annual property tax has been approved by the voters and collected to pay the interest and principal of such bonds, shall be retired within twenty years from the date contracted. Provided further, bonds for which no annual tax has been approved shall be retired within the greater of 120% of the average economic life of the improvements or 30 years from the date contracted. The average economic life of an improvement shall be certified by a professional engineer.

This section is identical to SB 1058 (2010) and a provision of HCS/SS/SCS/SB 580 (2010).

SECTION 67.1000

Under current law Jefferson City and various other cities and counties, are allowed to impose a tax, not to exceed five percent per room per night, on charges for sleeping rooms paid by guests of hotels and motels. This section increases the maximum levy for only Jefferson City from five percent to seven percent. Such increase will become effective only upon voter approval.

This section is identical to a provision of SCS/SB 644 (2010), HCS/SS/SCS/SB 580 (2010), SS/SCS/HB 1442 (2010), HCS/SCS/SB 887 (2010), and SCS/SB 915 (2010).

SECTION 67.1360

This section authorizes the cities of Sugar Creek, Ashland, and Brentwood, and Montgomery County, upon voter approval, to impose a transient guest tax upon charges for all sleeping rooms paid by guests of hotels, motels, bed and breakfast inns and campgrounds for the purpose of promoting tourism. The tax must be at least two percent, but may not exceed five percent per occupied room per night.

This section is similar to SB 507 (2009), SS/SCS/HB 1442 (2010), HB 1557 (2010), HB 1724 (2010), SCS/SB 862 (2010), SCS/SB 915 (2010), and a provision of HCS/SS/SCS/SB 580 (2010).

SECTION 67.1361 & 70.220

Under current law, the City of St. Joseph and Buchanan County are authorized to seek voter approval to impose a tax of no less than two nor more than eight percent per room per night, on charges for sleeping rooms paid by guests of hotels and motels. The proceeds from the tax must be used for funding the promotion of tourism and convention facilities. These sections would permit the city and county to use the proceeds from the tax for capital expenditures incurred in funding the promotion of tourism and convention facilities.

These sections also allow the City of St. Joseph and Buchanan County to contract with one another to share transient guest tax revenues for the purpose of promoting tourism and the construction, maintenance, and improvement of convention center and recreational facilities.

These sections are similar to provisions of SCS/SB 664 (2010), SS/SCS/HB 1442 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 67.1461

This section allows community improvement districts to contract with private property owners to construct structures or improvements owned by such persons within blighted areas.

Currently, a community improvement district may provide or contract for cleaning, maintenance, and other services to public and private property. This act specifies that such property shall include real or personal property installed as part of a special energy improvement.

This section is similar to a provision of HCS/SS/SCS/SB 580 (2010).

SECTION 67.2000

This section allows real property owners in the Cameron School District located in Caldwell, Clinton, Daviess, and DeKalb counties to seek voter approval for the creation of exhibition center and recreational facility districts. If such a district is created, it may seek voter approval for the imposition of a one-quarter of one percent sales tax, for a period not to exceed twenty-five years, to fund the district.

This section is similar to certain provisions of SB 386 (2009), HB 1502 (2010), SCS/HCS/HB 2048 (2010), SS/SCS/HB 1442 (2010), SCS/SB 700 (2010), HCS/SCS/SB 887 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 67.2725

For any public meeting where a vote of the governing body is required on issues regarding a tax increase, eminent domain with respect to a retail development project, certain types of improvement or development districts, or tax increment financing, the governing body of such county, city, town or village must give at least four days notice before the entity may vote on such issues. Each such public meeting must include time for public comment. If proper notice is not given, no vote shall be taken until proper notice has been provided. Any legal challenge to the provisions of this section must be brought within thirty days of the subject meeting or such meeting shall be deemed to have been properly noticed and held.

This section is similar to a provision contained in SCS/HCS/HB 316 (2009) and is identical to HCS/SB 851 (2010) and a provision of HCS/SS/SCS/SB 580 (2010).

SECTIONS 68.025 - 68.370

ESTABLISHMENT OF A PORT IMPROVEMENT DISTRICT - These sections establish the Port Improvement District Act. Under the terms of the act, a port authority may establish a port improvement district within its boundaries for the purpose of funding qualified project costs, except a port authority district shall not have the authority to establish such a district located within Clay County. The port authority board must hold public hearings on whether to create a port improvement district. After the public hearing, the board may approve the petition to create a district by resolution. The port authority board must file a petition in circuit court requesting the creation of a port improvement district. Within 30 days of the circuit court's certification of the petition and establishment of the district, the board must file a copy of the board's resolution approving the petition, the certified petition and the court's judgment certifying and establishing the district with the Missouri Highways and Transportation Commission.

CONTENTS OF PETITION TO CREATE A DISTRICT - These sections set forth what information the petition must contain in order to be certified by the circuit court. For example, the petition must set forth a legal description of the district, the district's name, the maximum rate and duration of any proposed real property or sales tax, and the estimated revenues projected to be generated from such taxes. To be considered by the board and court, the petition must be signed by property owners owning more than 60% of property within the district.

PUBLIC HEARING ON PROPOSED PETITION - These sections establish the notice requirements the port authority board must follow prior to submitting the petition to the circuit court. A public hearing must be held on the proposed projects, proposed real property or sales taxes, and the establishment of the district. The act requires notice to be provided by both publication and mailing and contain certain information.

CIRCUIT COURT HEARING PROCEDURE - These sections establish the procedure in which the circuit court must conduct certification hearings. A copy of the petition must be served on all of the respondents (property owners, political subdivisions, etc.). The respondents will have 30 days after receipt of service to file an answer stating agreement with or opposition to the creation of the district. The court will hear the case without a jury. The parties may appeal a circuit court’s order in the same manner provided for other appeals.

NOTICE TO PUBLIC FOR CIRCUIT COURT HEARING - These sections also establish how the circuit clerk must provide notice to the public of the circuit court hearing. The statutory notice shall be published in a newspaper of general circulation once a week for four consecutive weeks.

TERMINATION OF DISTRICT - These sections establish a procedure in which a port improvement district may be terminated. The district may be terminated by a board resolution provided that there are no outstanding obligations secured by district revenues. Public hearings must be held before a district is terminated.

REAL PROPERTY TAX AUTHORIZED - SUBMISSION TO QUALIFIED VOTERS - Under the terms of the act, the port authority may levy a real property tax provided the qualified voters approve the tax by mail-in ballot, except that a port improvement district cannot impose a real property tax on railroad property unless the owner agrees to such tax in writing. These sections set forth the sample ballot language. They also establish the procedure in which the real property taxes are collected and distributed.

SALES AND USE TAX AUTHORIZED - SUBMISSION TO QUALIFIED VOTERS - Under the terms of the act, the port authority may levy sales and use taxes within the district in increments of one-eight of one percent, up to a maximum of one percent provided the sales and use tax is approved by the qualified voters in a mail-in ballot election. These sections establish a procedure for collecting and distributing the sales and use tax. Revenues generated from the sales and use tax must be deposited into a special trust fund. Port authorities may repeal by resolution any sales and use tax unless the repeal would impair the port authority's ability to repay any obligations the port authority has incurred to pay qualified project costs of the district.

ELECTION PROCEDURE FOR REAL PROPERTY AND SALES TAX - These sections set forth an election procedure that must be followed for any proposed real property tax or sales and use tax. After the board has passed a resolution approving the levying of a tax, the board must provide written notice of the resolution, along with the circuit court's certified question regarding the tax, to the election authority. After receiving the written notice of the resolution and the court's certified question, the election authority must specify a date upon which the election shall occur. In addition, the election authority must publish notice of the election in a newspaper of general circulation. The election authority must mail ballots to the qualified voters. Each qualified voter shall have one vote. These sections require the port authority to reimburse the election authority for the costs incurred to conduct an election. A port authority may propose a real property tax and a sales and use tax question to the district's qualified voters in the same election.

STATUTE OF LIMITATIONS FOR CHALLENGING VALIDITY OF DISTRICT'S CREATION OR VALIDITY OF TAXES - Under the terms of the act, no lawsuit to set aside an established district or a tax shall be brought after the expiration of 90 days from the effective date of the resolution establishing such district in question or the effective date of the resolution levying such real property or sales tax.

ANNUAL REPORTS BY PORT AUTHORITIES - These sections require port authorities that have formed port improvement districts to file reports with the Department of Transportation and the local political subdivision in which the district was formed stating the services provided, the revenues collected and expenditures made by the district during the fiscal year. The port authority must submit an annual report of the district's financial transactions to the State Auditor.

COMPETITIVE BIDS - Under these sections, expenditures made by port authorities over $25,000, including professional service contracts, must be competitively bid.

NONSEVERABILITY

These section are nonseverable.

The sections are similar to SB 215 (2009), SB 578 (2010), and certain provisions of HCS/SS/SCS/SB 580 (2010).

SECTION 70.605

The state auditor may audit the Missouri Local Government Employees' Retirement System every three years rather than being required to do so.

This section is identical to a provision of SS/SB 714 (2010) and HCS/SS/SCS/SB 580 (2010).

SECTION 71.275

The governing body of a municipality may annex a parcel of land within a research, development, or office park, as defined in Section 172.273 that is compact and contiguous to the existing municipal boundaries if the municipality receives the written consent of all the property owners within the area.

This section is similar to HB 939 (2009), provisions of SS/SCS/HB 376 (2009) and HCS/SB 386 (2009), SB 354 (2009), HB 2312 (2010), HB 2466 (2010), and HCS/SCS/SB 887 (2010), and identical to SCS/SB 942 (2010), SS/HCS/HB 1806 (2010), and a provision of HCS/SS/SCS/SB 580 (2010).

SECTION 77.305

This section allows the city council of a third class city to submit a question to a vote of the people as an advisory referendum. If a majority of the voters vote in favor of the question, it shall be used only to indicate the preference of the voters and shall not have the force and effect of law.

This section is identical to a provision of SS/SCS/HCS/HB 376 (2009) and SB 581 (2010) and is identical to a provision of SS/SCS/SB 580 (2010).

SECTION 78.090

The section allows certain third class cities organized under Sections 78.010 to 78.040, to cancel, by order or ordinance, any primary election for the office of mayor and councilman that is currently held in February. Persons wishing to run for these offices shall file a signed statement of candidacy with the city clerk in order to run in the next municipal election. The city clerk shall notify the election authority in order for the ballots to be printed with the names of the candidates. The ballot shall include a warning that voting for more than the total number of candidates to be elected to any office invalidates the ballot.

This section is identical to HCS/HB 1541 (2010).

SECTION 92.015

St. Louis City may, by ordinance, include as a charge on bills issued for real estate taxes any charge for trash collection. Unpaid costs of trash collection shall be certified to the city collector. If the cost is not paid, the tax bill shall be considered delinquent and the collection of such bill shall be governed by the laws governing delinquent taxes. Such tax bill shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.

SECTIONS 92.715, 140.100, & 141.830

These sections increase the monthly interest rate charged from 1% to 2%, increases the maximum annual interest rate from 10% to 18%, and repeals the prime rate limitation on the interest rate for delinquent property taxes in the City of St. Louis.

These sections are identical to HB 2071 (2010) and certain provisions of HCS/SS/SCS/SB 580 (2010) and HCS/SCS/SB 887 (2010).

SECTION 94.271

This section authorizes the City of Grandview to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promoting tourism. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is identical to certain provisions of SCS/SB 1089 (2008), SB 165 (2009), SS/SCS/HB 1442 (2010), HB 1567 (2010), SB 668 (2010), HCS/SCS/SB 887 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 94.832

This section authorizes North Kansas City to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promotion, operation, and development of tourism and convention facilities. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is similar to provisions of SCS/SB 863 (2010), SS/SCS/HB 1442 (2010), SCS/SB 862 (2010), HCS/SCS/SB 887 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 94.840

This section authorizes the City of Raytown to levy a transient guest tax on charges for sleeping rooms paid by guests of hotels and motels for the purpose of promotion, operation, and development of tourism and convention facilities. The proposed tax must be submitted to the voters and shall not be greater than five percent per occupied room per night.

This section is identical to provisions of SB 863 (2010), HCS/SS/SCS/SB 580 (2010), SS/SCS/HB 1442 (2010), and HB 2259 (2010).

SECTION 94.900

This section authorizes the governing body of the City of Peculiar and Blue Springs to seek voter approval for the imposition of a sales tax to fund public safety improvements. The amount of the tax cannot exceed one-half of one percent and will be in addition to all other sales taxes authorized by law.

This section is similar to provisions of SB 447 (2009), SS/SCS/HB 1442 (2010), HB 1471 (2010), SB 898 (2010), and SS/SCS/SB 580 (2010).

SECTION 94.902

This section authorizes the City of Grandview to seek voter approval to levy a sales tax of up to one-half percent to fund public safety improvements for the city. Such improvements may include expenditures on equipment, city employee salaries and benefits, and facilities for police, fire, and emergency medical providers.

This section is identical to SB 164 (2009), SB 668 (2010), and a provision of SS/SCS/SB 580 (2010).

SECTION 94.1011

This section allows Waynesville, upon voter approval, impose a transient guest tax of not more than 3% per room per night for funding a multipurpose conference and convention center.

This section is similar to provisions of HB 1388 (2010), SS/SCS/HB 1442 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTIONS 115.305, 115.342, and 115.346

Candidates for public office cannot be in arrears for unpaid city taxes or municipal user fees. Upon receiving a complaint that a candidate is delinquent in payment, the department of revenue shall notify the candidate, who shall have 30 days to pay the amount owed before being disqualified.

These sections are similar to provisions of HCS/HB 1590 (2010), HCS/SS/SCS/SB 580 (2010), SCS/SB 881 (2010), HB 1739 (2010) and SCS/SB 826 (2010).

SECTION 137.073

For political subdivisions that levy separate tax rates on each subclass of real property and personal property in the aggregate, if voters approve a ballot prior to August 28, 2010, that presents separate stated tax rates to be applied to the different subclasses of real and personal property in the aggregate, or increases the separate rates that may be levied on the different subclasses in the aggregate by different amounts, then the tax rate that shall be used for the single rate calculation shall be a blended rate.

This section is similar to SB 164 (2010), HB 2258 (2010), HCS/SB 686 (2010), HCS/SB 945 (2010), and HB 2373 (2010).

SECTIONS 137.180 & 137.355

Under current law, assessors in counties without a charter form of government will be required to provide taxpayers with a projected tax liability notice which must accompany a notice of increased assessed value effective January 1, 2011. These sections extend the effective date for the projected tax liability notice requirements for assessors in counties without a charter form of government and Jefferson County to January first of the year following the year in which such assessors receive software from the state tax commission which is necessary to provide such notices. For all calendar years prior to January first of the year following receipt of such software, all assessors in counties without a charter form of government and Jefferson County will be required to provide property owners with additional information accompanying the notice of increased assessed value. The notice shall include the previous assessed value and any increase, provide a statement indicating that the change in assessed valued may impact the record owner's tax liability, and provide processes and deadlines for appealing determinations of the assessed value. Such notice shall be provided in a way that alerts the record owner of the potential impact on tax liability and the available appellate processes.

Effective January 1, 2011, the St. Louis County Assessor, must provide taxpayers with a notice that information regarding the assessment method and computation of value for such real property is available on the assessor's website and provide the website address whenever the assessor notifies such taxpayers of changes in assessed value. Such notification shall provide the assessor's contract information so taxpayers without internet access can request and received such information.

These sections are similar to HCS/HB 1316 (2010) and identical to SS/SCS/SB 588 (2010) and certain provisions of HCS/SS/SCS/SB 580 (2010).

SECTION 137.1040

This section allows the governing body of a city, town, village or county to submit a proposal to the voters of such city, town village or county allowing the municipality to impose a property tax to fund cemetery maintenance. The tax authorized under this section shall not exceed one fourth of one cent per one hundred dollars assessed valuation and shall not become effective until approved by the voters of the city, town village or county.

This section is similar to SB 168 (2009) and the perfected version of SB 822 (2008). It is identical to provisions of SB 743 (2010), SS/SCS/SB 580 (2010), and SS/SCS/HB 1442 (2010).

SECTION 138.431

This section allows one change of hearing officer for each party to an appeal heard by the State Tax Commission. A party to an appeal need not show cause to receive a change of hearing officer, but must file a written application to disqualify the assigned hearing officer within thirty days of such assignment. Assignment of a hearing officer will be deemed to have occurred when the first scheduling order is issued by the commission and signed by the hearing officer assigned, unless otherwise stated in the order.

This section is identical to provisions of SB 686 (2010), SCS/HB 1392 (2010), SS/SCS/HB 1442 (2010), HB 1486 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTIONS 140.150, 140.170, 140.190, 140.230, 140.250, 140.260, 140.290, 140.310, 140.340, 140.405, and 140.420

These sections change the laws regarding the sale of real property for the collection of delinquent taxes.

The collector is required to send up to three notices to the publicly recorded owner of record of the real property prior to the publishing of a tax sale. The first notice is to be by first class mail. If the assessed valuation of the property is greater than $1,000, a second notice must be sent by certified mail. A third notice is required to the owner of record and the occupant of the real property if the second notice is returned unsigned.

If the county collector determines that an adequate legal description of tax sale property cannot be obtained from documents available through the recorder of deeds, the collector may commission a professional land surveyor to prepare an adequate legal description of the property. Costs of the survey will be taxed as part of the sale costs. The assessed valuation of property that can be listed without a legal description or the name of the record owner is increased from $500 to $1,000.

The certificate of purchase will be conveyed to an agent if the purchaser is a nonresident, and the agent must convey the property to the nonresident. These sections require that the highest bid at a sale on the third successive year must be at least equal to the sum of the delinquent taxes, interest, penalties, and costs as it is required when it was initially offered and at the second successive year it was offered. After the third offering, the collector's deed or trustee's deed will have priority over all the other liens or encumbrances on the property sold except for real property taxes or federal liens. The purchaser is required to pay a fee to the collector to record the certificate of purchase in the office of the county recorder.

If the delinquent land tax sale results in an amount greater than the amount of debt, taxes, interest, and costs, the excess proceeds must be held in trust in the county treasury for three years for the publicly recorded owner or owners of the property sold or their legal representatives. After three years, any amount not called for will be deposited into the county's school fund.

The redemption periods for the owner of record to redeem tax sale property are revised. The owner must reimburse the purchaser for all costs of sale including the cost for recording the certificate of purchase, the fee to record the release of the certificate, the cost of the title search and the required certified mail notifications, interest at the rate specified on the certificate, and any taxes paid by the purchaser plus 8% interest.

Within 120 days prior to receiving a collector's deed, a tax sale purchaser must obtain a title search report from a licensed attorney or title company detailing the ownership and encumbrances on the property. Requirements for service of the 90 days' notice of the right of redemption that a tax sale purchaser must send to the owner of record and other persons who hold publicly recorded claims on the property are revised. The contents of the affidavit that a tax sale purchaser must provide to the collector before receiving a collector's deed to the property are revised to include the required title search and the 90 days' notice service requirements.

These sections are similar to provisions of HCS/HB 1420 (2010), HCS/SB 686 (2010), SCS/HCS/HB 1316 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 141.535

This section requires the Jackson County Court to stay the sale of any tax parcel under execution of a tax foreclosure judgment, which is the subject of an action filed under the provisions governing nonprofit organizations taking possession of certain abandoned property, if the party which brought such action has paid into the court the principal amount of all land taxes due under the tax foreclosure judgment prior to the date of any proposed sale under execution. The party bringing such action must provide written notice of the filing to the court administrator and file with the court a certificate that such notice has been provided to the administrator.

Upon the court granting temporary possession of the abandoned property to the nonprofit organization and approval of the sheriff's deed for such property, the circuit court will direct payment to the county collector of all principal land taxes already paid to the court. When granting a sheriff's deed, the court must order the permanent extinguishment of liability against the grantee of the sheriff's deed and all successors in interest, except for any defendant in such action. The funds paid to the court for land taxes will then be paid to the county collector. If the owner of the abandoned property moves the court for restoration of the property, he or she must pay all land taxes due, including penalties, interest, fees, and costs.

If the party which brings such an action, dismisses its action prior to gaining temporary possession, it will recover the money paid to the court prior to the date for principal land taxes. If the owner of the tax parcel regains possession, the party bringing the action will recover, from the owner, an amount equal to that paid by the party.

This section is identical to SB 670 (2010).

SECTION 182.267

This section requires the librarian of a consolidated public library district to submit an annual status report to the district board by September 30th of each year, rather than August 31st. It also requires the board to submit such report and an independent audit to the county commission and the Missouri State Library by October 31st of each year, rather than September 30th.

This section is similar to HB 1559 (2010) and SB 919 (2010).

SECTION 190.056

Under this section, each member of an ambulance district board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

This section is identical to SB 978 (2008), a provision of SS/SCS/HB 376 (2009), SB 122 (2009), HB 2465 (2010), SB 741 (2010), and a provision of SS/SCS/SB 580 (2010).

SECTIONS 204.300, 204.472, 204.571, & 250.333

These sections provide that if the county governing body does not appoint a trustee to fill a vacancy on the board of trustees for a common sewer district within 60 days, then the remaining trustees may fill the vacancy.

Under current law, the board of trustees for a common sewer district located in Jackson and Cass counties consists of 8 members. These sections increase the membership to 10 by adding 2 additional city mayors on the board.

Current law allows the City of Poplar Bluff and sewer districts in Butler County to develop agreements to provide sewer service to land annexed by the City. Current law also provides procedures to develop such agreements when the City and a sewer district cannot agree on terms. These sections extend the authority to develop such agreements to apply to any city and sewer districts in any county of the third classification and also make these entities subject to the procedures for when agreement cannot be reached by both parties.

Under current law, the advisory board for a common sewer subdistrict must elect a chairman, vice-chairman, and a representative to the common sewer district's advisory board. These sections allow the same person to serve in more than one of these roles if the subdistrict's advisory board is less than 3 people. These sections allow the board of trustees for the common sewer district to appoint advisory board members to the subdistrict's advisory board, if a political subdivision does not fulfill its duty to appoint such advisory board members within 60 days.

Current law requires water companies and public water supply districts to make water service data available to cities that provide sewer services so that the cities can better calculate rates for service. The act requires the water providers to also make this information available to sewer districts.

Provisions of these sections are similar to provisions in SB 850 (2010), SB 874 (2010), a provision of HCS/SS/SCS/SB 580 (2010), SCS/HB 1612 (2010), and are identical to perfected SB 791 (2010).

SECTION 246.310

The provisions of Section 262.802, relating to abeyance of water and sewer assessments, shall not apply to any drainage district or levee district.

This section is identical to a provision of SCS/HCS/HB 1316 (2010), CCS/HCS/SB 795 (2010), HCS/SCS/SB 887 (2010), HCS/SB 893 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 249.425

This section authorizes the metropolitan sewer district (MSD) to enter into design-build contracts for projects that exceed $1,000,000. MSD shall establish a written procedure for prequalifying contractors before they will be allowed to make a proposal on a project. MSD shall adopt procedures for the design-build contracting process and is authorized to issue a request for proposals to a maximum of five contractors who are prequalified. MSD may require approval of any person performing subcontract work on the project.

Before the prequalification process, MSD must advertise in a manner outlined by the act. If it fails to receive at least two submissions from prequalified contractors, MSD shall readvertise. MSD shall have the ability to reject all submissions and proposals.

This section outlines the process by which MSD will accept proposals and award contracts. The contract shall be awarded to the contractor representing the best overall value to the district in terms of quality, technical skill, and cost. MSD shall pay a reasonable stipend to prequalified contractors who submit a proposal but are not rewarded the contract.

The payment bond requirements of Section 107.170 shall apply to design-build projects. All persons furnishing services are deemed to be covered by the payment bond. However, the performance bond for the contractor does not need to cover the design services as long as the contractor, or its subcontractors providing design services, carry professional liability insurance in an amount established by MSD in the request for proposals.

Any person providing architectural, engineering, or land surveying services for the contractor on the project shall be licensed or authorized by the state to provide such services. MSD shall retain an architect or engineer to assist and perform certain contract administration functions for the project. Such architect or engineer cannot act as the contractor on such project.

Any contractor that enters into a design-build contract with MSD is exempt from the requirement that such person hold a certificate of registration or authority if the architectural, engineering, or land surveying services are performed through subcontracts with properly licensed or authorized persons and are not performed by the contractor or its employees.

This section is similar to HB 2031 (2010) and provisions of SCS/SB 729 (2010) and HCS/SS/SCS/SB 580 (2010).

SECTION 304.125

This section prohibits political subdivisions from using photo radar speed detection to enforce speed limits on state highways.

This section is identical to a provision of SS/SCS/HB 2111 (2010).

SECTION 321.018

Persons contracting to provide professional legal and accounting services for a fire protection district shall not receive compensation after lawful termination of the contract by the governing body of such political subdivision, except for services actually rendered.

This section is similar to a provision of HCS/HB 1205 (2010), SCS/SB 881 (2010), HB 1739 (2010), HCS/SS/SCS/SB 580, and SCS/SB 826 (2010).

SECTION 321.130

This section states that any fire protection district director who is found guilty of or pleads guilty to a felony shall immediately forfeit such office.

This section is similar to a provision of HCS/HB 1205 (2010), SCS/SB 881 (2010), HB 1739 (2010), HCS/SS/SCS/SB 580, and SCS/SB 826 (2010).

SECTION 321.250

Fire protection districts located at least partially within charter counties or the City of St. Louis must certify their ad valorem property tax rates by no later than October first of each year. All other fire protection districts must certify their rates no later than September first of each year.

This section is similar to a provision of SCS/HB 1392 (2010) and a provision of HCS/SS/SCS/SB 580 (2010).

SECTION 321.711

Currently, the number of signatures required on a petition to have an election to recall a fire protection district board member is at least 25% of the number of voters who voted in the most recent gubernatorial election in that district. This act changes the number of signatures needed to 20%.

This section is similar to a provision of HCS/HB 1205 (2010), SCS/SB 881 (2010), HB 1739 (2010), SS/SCS/SB 580, and SCS/SB 826 (2010).

SECTION 429.110

Currently, architects, engineers, landscape architects, land surveyors, and corporations registered to do the work of these professions who perform work on buildings or land can have a lien on the building or land. Currently, the fee to record the notice of such a lien is 25 cents, and the fee for copies of such notice is 50 cents. This section states that such notice shall be accompanied by an applicable recording fee.

This section is identical to a provision of HCS/SCS/SB 580 (2010).

SECTION 473.739 & 473.742

These sections specify that the required continuing instruction for certain public administrators in counties of the first classification does not have to be "classroom" instruction.

Public administrators from a second, third, or fourth classification county or St. Louis City, who choose to receive an annual salary shall receive $2,000 of such salary only if he or she has completed at least 20 hours of instruction each year approved by a professional association of the county public administrators of Missouri. The professional association approving the program shall provide a certificate of completion for the training and send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session shall be reimbursed to the public administrator in the same manner as other expenses.

These sections are identical to SCS/SB 808 (2010) and certain provisions of HCS/SCS/SB 887 (2010) and HCS/SS/SCS/SB 580 (2010).

SECTION 537.620

Currently, three or more political subdivisions of the state may form a business entity for the purpose of providing liability and other insurance. Public and quasi-public governmental bodies also may join the entity. This section specifies that risk coverages procured by a member of the entity shall not be deemed to constitute a contract, purchase, or expenditure of public funds for which competitive bids must be solicited.

This section is identical to HB 2098 (2010), HCS/SCS/SB 887 (2010), and HCS/SS/SCS/SB 580 (2010).

SECTION 1

This section authorizes the governor to convey state property in St. Francois County to the City of Farmington.

This section is identical to provisions of HB 1823 (2010), HCS/SS/SCS/SB 680, HCS/SS/SCS/SB 580 (2010), SS/SCS/HB 2317 (2010), and SCS/HB 2285 (2010).

SECTION 2

This section authorizes the governor to convey state property located in Nodaway County to the City of Maryville.

This section is similar to provisions of SS/SCS/HB 2317 (2010) and SCS/HB 2285 (2010).

SECTION 3

Any tax imposed by a taxing entity related to transient accommodations shall apply solely to amounts actually received by the operator in which rooms are furnished to the public. Travel agents shall not be deemed an operator unless such person actually operates the facility.

SUSAN HENDERSON MOORE

SA 1 - ALL PROPERTY ASSESSED UNDER SECTIONS 151.010 TO 151.340 IS EXEMPTED FROM SUCH TAXES UNLESS THE REAL PROPERTY TAX LEVY IS AGREED TO IN WRITING WITH THE PERSON RESPONSIBLE FOR PAYING THE TAX

SA 2 - EXEMPTS CERTAIN AGRICULTURAL FACILITIES THAT RAISE ANIMALS FOR HUMAN CONSUMPTION AND PREPARES FOOD AS A MEAL TO CONSUMERS ARE PART OF A TOUR SHALL BE EXEMPT FROM CERTAIN STATE FOOD INSPECTION LAWS

SA 4 - MODIFIES PROVISIONS REGARDING DIGITAL CADASTRAL PARCEL MAPPING

SA 5 - ANY POLITICAL SUBDIVISION OR OTHER PUBLIC ENTITY IN MISSOURI MAY INVEST ITS FUNDS NOT IMMEDIATELY NEEDED, PROVIDED THEY MEET THE SEPARATE DEPOSIT INSURANCE REQUIREMENTS OF THE FDIC, IF CERTAIN CONDITIONS ARE MET

SA 7 - MODIFIES PROVISIONS RELATING TO THE TEACHER AND SCHOOL EMPLOYEE RETIREMENT SYSTEMS

SA 8 - CURRENTLY, CERTAIN CITIES, INCLUDING SPECIFIC THIRD CLASS CITIES, ARE ALLOWED TO REMOVE WEEDS AND TRASH AT THE OWNER'S EXPENSE, AS A SPECIAL TAX BILL, IF THE PROPERTY IS IN VIOLATION OF THE CITY ORDINANCES MORE THAN ONCE DURING THE YEAR. THIS SECTION WOULD ALLOW ANY CITY OF THE THIRD CLASSIFICATION TO HAVE SUCH POWER.

SA 9 - EACH PERSON ELECTED OR APPOINTED TO THE OFFICE OF CORONER OR DEPUTY CORONER SHALL COMPLETE THE APPLICABLE ANNUAL TRAINING REQUIREMENTS WITHIN SIX MONTHS OF THE PERSON'S ELECTION OR APPOINTMENT

SA 10 - SPECIFIES THAT POLITICAL SUBDIVISIONS WITH LOCAL PROVISIONS THAT ARE EQUIVALENT OR STRICTER THAN SECTION 67.314 ARE EXEMPT FROM SUCH SECTION'S REQUIREMENTS, REGARDLESS OF THE DATE SUCH LOCAL PROVISIONS ARE ADOPTED

SA 11 - PROVIDES THAT THE THIRD CLASS CITY ADVISORY REFERENDUMS PERMITTED UNDER SECTION 77.305 SHALL NOT USED TO DETERMINE A PUBLIC PREFERENCE FOR THE SALE OR SALE NEGOTIATION OF ANY CITY ASSET

SA 12 - MODIFIES PROVISIONS REGARDING NUISANCE ABATEMENT ORDINANCES

SA 13 - INCREASES THE PENALTIES FOR UNSCREENED JUNKYARD VIOLATIONS

SA 1 TO SA 14 (PENDING) - RED LIGHT CAMERAS