PERFECTED
HS HCS HB 1305 -- COMMUNITY CLEANUP ACTIVITIES (Rizzo)
This substitute contains numerous provisions related to
community cleanup activities. In its main provisions, the
substitute:
(1) Removes the current requirement that abandoned property be
rehabilitated for use as low-or moderate-income housing when
certain organizations petition to have the property declared
abandoned and to have temporary possession of the property;
(2) Broadens the services provided by homeless assistance
programs to include the repair or replacement of housing
structures which violate county housing codes; and authorizes an
additional $3 user fee for filings with the recorder of deeds in
St. Louis County, if approved by the voters, to be used to
renovate or rehabilitate housing through homeless assistance
programs for the purpose of sale at market rates;
(3) Allows local housing corporations or neighborhood
associations to petition for the appointment of a receiver to
perform an abatement of a dwelling or building that constitutes
a threat to the public health, safety, or welfare and authorizes
the court to appoint a local neighborhood association as a
receiver;
(4) Requires the Missouri Housing Development Commission to
develop a pilot project in St. Louis City to renovate abandoned
houses, for sale to individuals with incomes of up to 300% of
the federal poverty level. The pilot project is funded by a $5
surcharge on traffic tickets issued in St. Louis City, and
expires January 1, 2006;
(5) Requires landlords of manufactured or mobile home
communities to provide written notice at least 180 days prior to
requiring tenants to vacate the property due to a change in
property use;
(6) Authorizes the city of Kansas City to enact any needed
ordinances to protect public and private property from illegal
dumping and littering, with a fine of up to $1,000 or up to 12
months of imprisonment, or both, for each offense;
(7) Allows any solid waste disposal area or solid waste
processing facility in the city of Kansas City to accept yard
waste commingled with solid waste resulting from an illegal dump
cleanup activity or program conducted by the city government;
(8) Includes the criminal disposal of waste in the city of
Kansas City in the list of activities that trigger the Criminal
Activity Forfeiture Act, with a sunset date on this provision of
August 28, 2002. Violations result in the civil forfeiture of
all property used in or realized through the commission of the
criminal activity. Adequate removal of demolition or solid
waste which was criminally disposed of will be an affirmative
defense to an impending forfeiture action;
(9) Establishes as a pilot project a landlord registration
system in both the city of Kansas City and in St. Louis City,
beginning January 1, 2001, and terminating January 1, 2006, for
all landlords who lease or own 5 or more lots or properties in
the city. Landlords are required to complete a registration
form with the city and to provide address and telephone
information for the purpose of contacting landlords or their
legal representative to ensure compliance with safety and code
requirements. The city may charge up to $25 per property as a
registration fee;
(10) Authorizes the Attorney General to file a petition in the
circuit court to dissolve the entity owning a cemetery
determined to be abandoned, and to transfer all property owned
by the dissolved entity to the municipality or county, or upon
approval of the county or municipality, to a not-for-profit
corporation or religious or charitable organization unrelated to
the previous cemetery owner and established for the exclusive
purpose of operating the cemetery;
(11) Makes changes in the penalties for the various levels of
institutional vandalism, and gives the right of civil action for
damages or losses to owners of property adjacent to cemeteries
and caretakers of abandoned family cemeteries;
(12) Allows the conveyance of cemetery property, other than
ground in which human remains have been buried, back to a
municipality after 50 years if the grave site or property is
unused or unclaimed;
(13) Requires all persons as defined in the substitute who
receive any type of economic incentive to enter into an
agreement with the entity administering the incentive on a form
obtained from the Department of Economic Development (DED).
Providers of incentives are to annually report to the DED on the
incentives they administer, and are required to monitor the
progress of recipients in achieving the goals established for
the incentives;
(14) Increases the maximum population limit for an area to
qualify as an enterprise zone from 20,000 to 25,000 inhabitants;
(15) Authorizes Clay and Ray counties to impose a local
economic development sales tax of up to 0.5%, subject to voter
approval;
(16) Prohibits municipalities with municipally-owned or
operated water services from buying any part of any public water
supply district located wholly outside of the municipalities'
boundaries;
(17) Creates the State Fair Fee Fund, to be funded from fair
admission fees, gifts, contributions, and appropriations, to be
used for defraying the expenses of the state fair;
(18) Establishes the Family and Community Trust to provide
leadership through a public-private partnership to improve the
well-being of Missouri's families, children, and communities.
The substitute outlines the trust's powers and responsibilities;
(19) Authorizes new generation cooperatives to participate in
the Neighborhood Assistance Act. The substitute also requires
the Commissioner of Administration to award a 5% bidding
preference for agricultural food products produced by new
generation cooperatives. The Value-Added Agricultural Products
Marketing Fund is established, with $500,000 placed in the fund
for fiscal years 2002 through 2006; and the marketing program
known as AgriMissouri is renamed "Producer's Choice"; and
(20) Authorizes the establishment of a community comeback trust
for St. Louis County, whose primary duties include preventing
neighborhood decline, demolition of abandoned buildings,
cleaning of polluted sites, and the promotion of neighborhood
reinvestment. The trust may issue bonds and may use one-half of
the county use tax, if imposition of the use tax is approved by
voters, for funding community comeback projects. The community
comeback provisions have an emergency clause.
FISCAL NOTE: Estimated Net Cost to General Revenue Fund of
$1,689,096 to $5,479,596 in FY 2001, $3,496,301 to $7,347,712 in
FY 2002, and $3,289,692 to $7,142,679 in FY 2003. Estimated Net
Effect on Value Added Agricultural Products Marketing
Development Fund of $0 in FY 2001, FY 2002, and FY 2003.
Estimated Net Effect on School Building Revolving Fund of $0 in
FY 2001, FY 2002, and FY 2003. Estimated Net Income to State
Fair Fee Fund of $1,671,786 to Unknown in FY 2001, $2,095,390 to
Unknown in FY 2002, and $2,187,205 to Unknown in FY 2003.