HB 1553
Modifies provisions relating to political subdivisions
Sponsor:
LR Number:
5180H.05T
Last Action:
9/10/2014 - H defeated motion to override Governor's veto
Journal Page:
Title:
CCS SCS HB 1553
Calendar Position:
Effective Date:
August 28, 2014
House Handler:

Current Bill Summary

CCS/SCS/HB 1553 - This act modifies provisions relating to political subdivisions.

COUNTY BIDDING REQUIREMENTS - 50.660 & 50.783

Under current law, Boone and Greene counties are not required to obtain bids on purchases of $6,000 or less. This act provides that Christian County is also not required to obtain bids on such purchases.

Current law also provides that Boone and Greene counties are only required to advertise and post notice on proposed purchases that exceed $6,000 when the county commission determines that there is only one feasible source for the supply. Other counties must post notice for such proposed purchases of at least $3,000 and also advertise in the newspaper for such purchases of at least $5,000.

This act provides that Christian County is also only required to advertise and post notice of such proposed purchases that exceed $6,000.

These provisions are identical to HCS/SCS/SB 854 (2014), and are similar to provisions of SB 729 (2012), SB 871 (2010), SB 1254 (2008), SS/SCS/HB 376 (2009), HCS/SB 386 (2009), and SB 256 (2009).

INSTALLATION OF FIRE SPRINKLERS - 67.281

Currently, builders of one and two family dwellings must offer to install fire sprinklers in the home. This provision has an expiration of December 31, 2019. This act makes the expiration date December 31, 2024.

This provision is identical to a provision of the truly agreed to and finally passed SCS/HCS/HB 1410 (2014), the truly agreed to and finally passed CCS#2/HCS/SCS/SB 672 (2014), the truly agreed to and finally passed HCS/SB 655 (2014), HCS/SCS/SB 854 (2014), HCS/SCS/SB 824 (2014), and is similar to a provision of HCS/SB 24 (2013).

ANNEXATIONS IN ST. LOUIS COUNTY - 72.401

This act exempts annexations by municipalities that provide water and sanitary sewer service from review requirements of the St. Louis Boundary Commission. This act also specifies that such annexations are not prohibited by the existence of an established unincorporated area.

Under current law, Kansas City may enact ordinances for various specified purposes that carry penalties of up to $1,000 fines and imprisonment for up to a year. Kansas City may also enact an ordinance requiring industrial users of publicly owned treatment works to comply with pretreatment standards that carries a fine of $1,000 to $5,000.

ORDINANCES IN CONSTITUTIONAL CHARTER CITIES - 82.300

This act provides the same authority to enact ordinances to all cities with a population of 100,000 or more, which includes the cities of Columbia, Springfield, Independence, and St. Louis.

This provision is identical to SB 780 (2014).

NUISANCE ABATEMENT - 82.1025, 82.1027, 82.1028, 82.1029, 82.1030 & Section 1

Under current law, property in certain counties and cities is considered a nuisance if it adversely affects the property values of a neighborhood due to neglect or violation of a code or standard in addition to other reasons. This act provides that the property is also a nuisance if it affects the value of any property in the neighborhood and adds the actions of failure to reasonably maintain the property and violations of ordinances to the list of actions that lead to liability for the nuisance.

Current law allows any person who owns property within a reasonable distance to nuisance property in such counties and cities to bring a nuisance action for damages. This act only allows those who live within 1,200 feet to bring a nuisance action.

Current law allows a neighborhood organization in such cities and counties representing any person who could maintain a nuisance action to bring a nuisance action for injunctive relief. This act provides that anyone who owns property within 1,200 feet of the nuisance may also bring an action for injunctive relief. In addition, this act redefines neighborhood organization and provides that such organizations may bring nuisance actions on behalf of any person who owns property within the neighborhood described in the organization's articles of incorporation or bylaws. This act requires a neighborhood organization to certify certain facts when filing a nuisance action.

Under this act, provisions regarding a neighborhood association's ability to bring nuisance actions that currently apply to Kansas City are made to also apply to the City of St. Louis. This act modifies the definitions governing these provisions and the notice requirements for such actions.

Current law allows a neighborhood organization representing persons aggrieved by an ordinance violation in Kansas City to seek injunctive relief. This act allows a neighborhood organization in St. Louis or Kansas City to seek injunctive relief, on behalf of an owner or resident of property that is within 1,200 feet of a property on which there is a code violation that is in the neighborhood described in the articles or bylaws of the organization, or on its own behalf with respect to a violation on property anywhere in the neighborhood.

Current law prohibits nuisance actions against residential rental properties by neighborhood organizations under these provisions unless the municipal code enforcement agency has issued a nuisance violation notice at least 45 days before the action is brought. This act repeals the limitation and provides that the action may not be brought if there is a citation pending against the property by the city based on a violation of the same code or ordinance provision unless it has been pending for at least 45 days and the violation has not been abated.

This act prohibits neighborhood organizations from brining nuisance actions if the organization has certain interests in real estate in the city or county in which the nuisance property is located.

This act repeals a provision of current law, which specifies that standing is not granted under the statutes for a nuisance action in Kansas City involving a physical interior defect or a violation of municipal alcoholic beverages laws.

Actions are prohibited from being brought against a property owner who is in good faith compliance with an order issued by the Department of Natural Resources, Environmental Protection Agency, or the Attorney General's Office.

These provisions are identical to the truly agreed to and finally passed SCS/SB 731 (2014).

PUBLIC SAFETY SALES TAX - 94.579

Currently, every five years the city of Springfield must submit to the voter the question of whether to repeal its public safety sales tax. This act modifies the ballot language so that the question will be whether to continue the tax. Failure by the voters to approve continuation will result in a repeal of the tax.

This provision is identical to SB 607 (2014).

TAX INCREMENT FINANCING - 99.805 & 99.825

For TIF projects approved over a recommendation in opposition by the TIF commission in Boone County, the economic activity taxes and payments in lieu of taxes cannot exceed the redevelopment project costs for demolition of buildings and the clearing and grading of land.

This provision is similar to a provision contained in SB 774 (2014).

COUNTY ASSESSOR CORRESPONDENCE - 137.133

This act requires the county assessor in St. Louis County to place on correspondence with taxpayers a statement that disclosure of information is voluntary and may become public record if disclosed. This provision does not apply to request for information regarding the required listing of property or listing of lessees.

SPRINGFIELD SCHOOL BOARD TERMS - 162.481

Under current law, school district directors in the City of Springfield serve three-year terms.

This act updates the description of the City of Springfield.

PUBLIC LIBRARY DISTRICT - 182.802

This act authorizes any public library district located in Saline County to impose a sales tax not to exceed one-half of one cent upon voter approval.

This act is identical to SB 768 (2014).

INDUSTRIAL DEVELOPMENT CORPORATION DIRECTORS - 349.045

Under current law, directors of industrial development corporations in first class counties must be duly qualified electors of and taxpayers in the county or municipality. This act provides that directors of any industrial development corporation formed by a municipality in St. Francois County may be taxpayers and registered voters in the county.

REMOVING DOCUMENTS FROM THE COURT FILE - 483.140

The act prohibits the adoption of local court rule which grants a judge the discretion to remove a communication, pleading, or file from a court file without the agreement of all parties.

MEGHAN LUECKE

Amendments