SS/HB 2062 - This act modifies provisions relating to the use of real property.PROTECTING MISSOURI'S SMALL BUSINESS ACT
This act establishes the "Protecting Missouri's Small Businesses Act" which provides that any political subdivision that implements any shutdown order and the business closes solely due to such shutdown order for at least 14 consecutive days or 30 cumulative days shall waive the fee for a business license during the period of the shutdown order and reduce the real and personal property tax liability of the business as provided in the act. This act is not an exemption of property from taxation and any action taken by a political subdivision that results in a refund or revenues lost shall be construed as an exercise of the political subdivision's authority to levy and collect local tax revenues. (Section 44.251)
This act is identical to HB 2874 (2024) and is substantially similar to HCS/HB 1263 (2023).
ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS
The act provides that any political subdivision that adopts an ordinance or regulation that requires installation of electric vehicle charging stations shall pay all costs associated with the installation, maintenance, and operation of such stations. No political subdivision shall adopt any ordinance or regulation that requires more than five such stations per parking lot, or infrastructure for future installation of more than five such stations per parking lot. Such ordinances and regulations shall only apply to parking lots with more than thirty parking spaces.
The act shall not prohibit private entities from paying for the installation, maintenance, and operation of electric vehicle charging stations. (Section 67.288)
The act is substantially similar to HCS/HB 1511 (2024), SB 1172 (2024), HCS/HB 184 (2023) and similar to HB 1584 (2022) and SB 233 (2023).
PROPERTY TAXES
This act authorizes a county or municipality to adopt a resolution to collect delinquent taxes pursuant to the Land Tax Collection Law, currently only applicable to charter counties and Clay and Buchanan Counties. (Section 140.010, 141.220 and 141.230)
This act allows a county collector to preclude a prospective bidder from participating in the sale of lands with delinquent taxes if such prospective bidder is delinquent on his or her property tax payments. (Section 140.190)
This act provides that the state and other taxing authorities and lienholders shall be foreclosed from any unclaimed right, title, interest, claim, or equity of redemption in or to the land and of any lien upon the land upon the expiration of the right to redeem. (Section 140.420)
Current law provides for salaries to be paid to land tax attorneys and delinquent land clerks appointed by the county collector. This act provides that such compensation shall be determined by the collector. (Section 141.320 and 141.330)
Current law requires certain information to be listed in a petition for the foreclosure of a tax lien. This act adds certain identifying information of the petitioners and any person with a legal interest in the parcel of land affected by the suit. The collector shall prepare and send by first-class mail a copy of the petition within thirty days after the filing of the petition to the occupant of the parcel. (Section 141.410, 141.440, and 141.500)
This act requires a collector to obtain a title search for all conveyances, liens, and charges against the real estate involved in a delinquent tax sale, and requires a sheriff to meet certain notice requirements prior to the sale. (Section 141.520)
This act modifies provisions relating to the procedure of selling delinquent property, including the date of sales for partial opt-in counties, requiring a nonreimbursable $200 bidder fee, and a requirement that prospective bidders submit an affidavit attesting that such bidder meets all statutory requirements. No person shall be eligible to bid unless the person has demonstrated to the satisfaction of the applicable official that the person is not the owner of any real property with two or more violations of the municipality's building or housing codes. (Section 141.550)
This act requires a court to hold a hearing to confirm or set aside a foreclosure sale within six months after the sheriff sells any parcel of real estate. The court's judgment shall include a finding that adequate notice was provided. This act allows the proceeds of a land sale in partial opt-in counties to be distributed to the school fund for the county, and also allows a county to allocate a portion of its share of proceeds to a fund for the purposes of defending against claims of insufficiency of notice. (Section 141.580)
This act requires opt-in and partial opt-in counties to establish a land trust for the management, sale, and other disposition of tax delinquent lands. (Section 141.700 and 141.821)
This act repeals provisions of law relating to land tax collections in St. Louis City. (Sections 141.820 to 141.970)
This provision is identical to SCS/SB 750 (2024) and is substantially similar to HCS/HB 587 (2023) and HB 1088 (2023).
LAND BANKS
This act changes the title of the "Land Bank Act" to the "Chapter 140 Land Bank Act" and authorizes St. Louis County and any municipality with more than 1,500 inhabitants and not located in St. Louis County to establish a land bank. (Section 140.980 to 140.981)
The act requires any county establishing a land bank agency to appoint members to a board of directors, as described in the act. (Section 140.982)
This act provides that all taxes, special taxes, fines, and fees on real estate shall be deemed satisfied by transfer to a land bank agency. (Section 140.984)
This act repeals provisions relating to the distribution of proceeds of property disposed of by a land bank agency. (Section 140.985)
This act prohibits a foreign or domestic corporation or limited liability company that has failed to appoint or maintain a registered agent from buying property from a land bank agency. A land bank agency may condition the sale of a property by requiring the purchaser to make certain improvements to the parcel. (Section 140.987)
A county that has established a land bank agency may collect a fee for the collection of delinquent and back taxes in an amount up to five percent of all collections, which shall be paid to the land bank agency. (Section 140.988)
This act authorizes the governing body of the county or municipality establishing a land bank agency to issue bonds, as described in the act. (Section 140.994)
This act applies conflict of interest provisions to members of a land bank agency board in addition to employees of the land bank agency. (Section 140.1000)
This act authorizes any municipality located wholly or partially within an opt-in county to establish a land bank pursuant to current provisions of law that apply only to the city of St. Joseph. (Sections 141.980 to 141.1009)
This provision is identical to SCS/SB 750 (2024) and is substantially similar to HCS/HB 587 (2023) and HB 1088 (2023).
HISTORIC, RURAL REVITALIZATION, AND REGULATORY STREAMLINING ACT
This act names the historic preservation tax credit the "Missouri Historic, Rural Revitalization, and Regulatory Streamlining Act".
Current law authorizes a tax credit for rehabilitation expenses incurred for the rehabilitation of certain properties, and requires such rehabilitation to meet the standards as determined by the State Historic Preservation officer of the Missouri Department of Natural Resources. Ten percent of such rehabilitation costs may be incurred for investigative assessments and building stabilization prior to the submission of an application.
The act authorizes a tax credit for the rehabilitation of property that is in a qualifying county, as defined in the act, equal to 35% of the total costs of rehabilitation incurred on or after July 1, 2024. A qualifying county shall be a county that is not within the city of Kansas City or the city of St. Louis.
The act provides that state historic rehabilitation standards shall not be more restrictive than the Secretary of the Interior's Standards for Rehabilitation.
Tax credits authorized for a single-resource certified historic structure of more than one million gross square feet with a Part I approval or on the National Register prior to January 1, 2024, and that are eligible for at least $60 million in tax credits shall accrue against the aggregate amount of tax credits that may be authorized in a fiscal year over a period of six years in six equal increments.
Current law prohibits not-for-profit entities from receiving historic preservation tax credits. This act authorizes such entities to receive such tax credits.
This act requires the Department of Economic Development to establish an application cycle that allows for the year-round submission and year-round receipt and review of such applications.
Current law requires an application for tax credits to include proof that the property is an eligible property and a certified historic structure or a structure in a certified historic district. In lieu of such requirement, this act allows proof that part 1 of a federal application or a draft national register of historic places nomination has been submitted to the State Historic Preservation Office.
This act requires the Department, when evaluating an application, to consider the estimated number of housing units created by the project, the estimated number of construction and professional jobs associated with the project, capital improvements created by a project, and increased revenues from sales or property taxes. Historic schools and theaters, as defined in the act, and projects receiving less than $475,000 in tax credits, as adjusted annually for inflation, are exempted from such requirements.
The State Historic Preservation Office shall determine whether a rehabilitation satisfies the required standards within sixty days of the filing of an initial application for tax credits and such determination shall be based upon evidence as described in the act, and, if approved, shall forward the application to the National Park Service within sixty days.
If the scope of a project that has been approved materially changes, the taxpayer shall be eligible to receive additional tax credits in the year in which the Department is notified of and approves of such change in scope, as described in the act.
Current law requires submission of evidence of the capacity of the applicant to finance rehabilitation costs and expenses within sixty days of approval. This act changes such requirement to one hundred twenty days.
Current law requires a taxpayer receiving approval for tax credits to commence rehabilitation within nine months of approval. This act changes such date to twenty-four months from approval. Taxpayers shall notify the Department of the loss of site control within ten days of such loss. The act allows a taxpayer to forfeit approval of tax credits at any time.
Current law requires taxpayers to submit an application for final approval of tax credits. This act provides that final approval shall be shown by either approval of the State Historic Preservation Office or an approved part 3 federal application. The act requires the Department to issue tax credits to the taxpayer within seventy-five days of receipt of the application, as described in the act.
An applicant may appeal any official decision relating to the application submitted by the applicant, as described in the act. (Sections 253.544 to 253.559)
This act is similar to SCS/SB 884 (2024), SB 721 (2023), and HCS/HB 316 (2023).
HOME INSPECTIONS
This act provides that no political subdivision shall require an owner of residential property to have a home inspection conducted prior to the sale of the property, unless such inspection requirement is for new construction or occupancy permits. (Section 436.337)
This provision is identical to provisions in CCS/HCS/SS/SB 222 (2023), and HB 962 (2023), and is substantially similar to a provision in HB 2380 (2024), HB 730 (2023), in HCS/HB 1682 (2022), in HCS/HB 2218 (2022), in SCS/HB 2593 (2022), and HB 2858 (2022), and is similar to HB 1145 (2023).
LAND RESTRICTIONS ON THE OWNERSHIP OR PASTURING OF CHICKENS
This act provides that no deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting ownership or pasturing of up to 6 chickens on a lot that is 2/10ths of an acre or larger, including prohibitions against a single chicken coop designed to accommodate up to 6 chickens.
A homeowner's association, as defined by law, may adopt reasonable rules, subject to applicable statutes or ordinances, regarding ownership or pasturing of chickens, including a prohibition or restriction on roosters. (Section 442.404)
This provision is identical to SB 985 (2024) and is similar to HB 1514 (2024), HCS/HB 2206 (2024), and SB 400 (2023).
UNLAWFUL OCCUPATION OF REAL PROPERTY
This act establishes provisions regarding the removal of persons unlawfully occupying property with a residential dwelling through ex parte orders. A violation of an ex parte order under this act shall be a class A misdemeanor. Additionally, this act establishes the offense of criminal mischief for unlawful detention, occupation, or trespass upon a residential dwelling which shall be a class A misdemeanor. (Section 534.602, 534.604, and 569.200)
This provision is substantially similar to HB 2896 (2024).
MORATORIUM ON EVICTION PROCEEDINGS
This act provides that no county, municipality, or political subdivision shall impose or otherwise enforce a moratorium on eviction proceedings unless specifically authorized by law. (Section 535.012)
This provision is identical to a provision in HB 730 (2023), in HCS/HB 1682 (2022), in HCS/HB 2218 (2022), and in SCS/HB 2593 (2022), is substantially similar to a provision in SB 895 (2024) and in CCS/HCS/SS/SB 222 (2023), and is similar to a provision in SB 239 (2023), in SB 1044 (2022), in SS/HCS/HB 1662 (2022), and in HB 2360 (2022).
HYDRANT INSPECTION PROGRAM
Currently, all community water systems are required to create a hydrant inspection program which includes annual testing of every hydrant of such community water systems. This act repeals the annual testing requirement and provides for a scheduled testing of hydrants. (Section 640.144)
This act is identical to SB 982 (2024), SB 629 (2023), HB 891 (2023) and a provision in HCS/SB 275 (2023).
KATIE O'BRIEN