L2364.03T

To repeal sections 115.124 and 247.180, RSMo 1994, and section 640.100, RSMo Supp. 1995, relating to public water supply districts, and to enact in lieu thereof three new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 115.124 and 247.180, RSMo 1994, and section 640.100, RSMo Supp. 1995, are repealed and three new sections enacted in lieu thereof, to be known as sections 115.124, 247.180 and 640.100, to read as follows:

115.124. Notwithstanding any other law to the contrary, in a nonpartisan election in any political subdivision or special district except for municipal, board of trustees of community college districts and school board elections, if the notice provided for in subsection 5 of section 115.127, has been published in at least one newspaper of general circulation in the district, and if the number of candidates who have filed for a particular office is equal to the number of positions in that office to be filled by the election, no election shall be held for such office, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected. Notwithstanding any other provision of law to the contrary, if at any election the number of candidates filing for a particular office exceeds the number of positions to be filled at such election, the election authority shall hold the election as scheduled, even if a sufficient number of candidates withdraw from such contest for that office so that the number of candidates remaining after the filing deadline is equal to the number of positions to be filled.

247.180. 1. Regular elections shall be held annually on the first Tuesday after the first Monday in June, or the election may be held in April at the same time as regular school elections. If authorized, such elections may be conducted by the appropriate election authority pursuant to sections 115.650 to 115.660, RSMo.

2. [(1)] Notwithstanding any other provision of law, [the board of directors of a water supply district may choose to conduct the election of board members within the district by mail. Such elections shall be held on the first Tuesday after the first Monday in June. The filing and withdrawal of candidates shall be governed by the provisions of chapter 115, RSMo, except that] if the number of candidates is no greater than the number of directors to be elected, no election shall be held, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected.

[(2) To conduct an election by mail, the secretary of the board of directors shall, immediately after the certification of candidates, mail a ballot to each registered voter of the district along with a return addressed envelope directed to the district office with a sworn affidavit on the reverse side of such envelope for the voter's signature. More than one ballot may be included in the same mailing if more than one registered voter entitled to vote resides at the same address.

(3) Voted ballots must be returned by mail and received in the office of the clerk of the board of directors of the district no later than 5:00 p.m. on election day. At 8:00 a.m. on the following day in the office of the election authority, the clerk of the board of directors of the district shall transmit all voted ballots to a team of judges of not less than four, with an equal number from each political party. The judges shall be selected by the election authority from lists compiled by the authority. Upon receipt of the voted ballots the judges shall verify the authenticity of the ballots, canvass the votes, and certify the results. Certification by the election judges shall be final and shall be immediately transmitted to the clerk of the board of directors of the district.

(4) Any registered voter of the district may contest the results of such an election in the same manner as provided in chapter 115, RSMo.]

640.100. 1. The safe drinking water commission created in section 640.105 shall promulgate rules necessary for the implementation, administration and enforcement of sections 640.100 to 640.140.

2. No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held by the commission after at least thirty days prior notice in the manner prescribed by the rulemaking provisions of chapter 536, RSMo, and an opportunity given to the public to be heard; the commission may solicit the views, in writing, of persons who may be affected by, knowledgeable about, or interested in proposed rules and regulations, or standards. Any person heard or registered at the hearing, or making written request for notice, shall be given written notice of the action of the commission with respect to the subject thereof. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

3. The commission shall promulgate rules and regulations for the certification of laboratories and for collection of samples and analysis of water furnished by municipalities, corporations, companies, state establishments, federal establishments or individuals to the public. The department of natural resources or the department of health shall, at the request of any supplier, make any analyses or tests required [under] pursuant to the terms of section 192.320, RSMo, and sections 640.100 to 640.140. The department shall collect fees to cover the reasonable cost of laboratory services, both within the department of natural resources and the department of health, laboratory certification and program administration as required by sections 640.100 to 640.140. [On January 1, 1993, and thereafter] The laboratory services and program administration fees [under] pursuant to this subsection shall not exceed two hundred dollars for a supplier supplying less than four thousand one hundred service connections, three hundred dollars for supplying less than seven thousand six hundred service connections, five hundred dollars for supplying seven thousand six hundred or more service connections, and five hundred dollars for testing surface water. Such fees shall be deposited in the safe drinking water fund as specified in section 640.110. The analysis of all drinking water required by section 192.320, RSMo, and sections 640.100 to 640.140 shall be made by the department of natural resources laboratories, department of health laboratories or laboratories certified by the department of natural resources.

4. The department of natural resources shall establish and maintain an inventory of public water supplies and conduct sanitary surveys of public water systems. Such records shall be available for public inspection during regular business hours.

5. (1) For the purpose of complying with federal requirements for maintaining the primacy of state enforcement of the federal Safe Drinking Water Act, the department is hereby directed to request appropriations from the general revenue fund and all other appropriate sources to fund the activities of the public drinking water program and in addition to the fees authorized [under] pursuant to subsection 3 of this section, an annual fee for each customer service connection with a public water system is hereby authorized to be imposed upon all customers of public water systems in this state. The fees collected shall not exceed the amounts specified in this subsection and the commission may set the fees, by rule, in a lower amount by proportionally reducing all fees charged pursuant to this subsection from the specified maximum amounts. Each customer of a public water system shall pay an annual fee for each customer service connection.

(2) The annual fee per customer service connection for unmetered customers and customers with meters not greater than one inch in size, shall be based upon the number of service connections in the water system serving that customer, and shall not exceed:

1 to 1,000 connections $2.00

. . . 1,001 to 4,000 connections 1.84

. .4,001 to 7,000 connections 1.67

.7,001 to 10,000 connections 1.50

. 10,001 to 20,000 connections 1.34

.20,001 to 35,000 connections 1.17

35,001 to 50,000 connections 1.00

.50,001 to 100,000 connections .84

. . . . . . . . . . . . . . . . . . . .More than 100,000 connections .66.

.(3) The annual user fee for customers having meters greater than one inch but less than or equal to two inches in size shall not exceed five dollars; for customers with meters greater than two inches but less than or equal to four inches in size shall not exceed twenty-five dollars; and for customers with meters greater than four inches in size shall not exceed fifty dollars.

(4) Customers served by multiple connections shall pay an annual user fee based on the above rates for each connection, except that no single facility served by multiple connections shall pay a total of more than five hundred dollars per year.

6. Fees imposed [under] pursuant to subsection 5 of this section shall become effective on August 28, 1992, and shall be collected by the public water system serving the customer. The commission shall promulgate rules and regulations on the procedures for billing, collection and delinquent payment. Fees collected by a public water system [under] pursuant to subsection 5 of this section are state fees. The annual fee shall be enumerated separately from all other charges, and shall be collected in monthly, quarterly or annual increments. Such fees shall be transferred to the director of the department of revenue at frequencies not less than quarterly. Two percent of the revenue arising from the fees shall be retained by the public water system for the purpose of reimbursing its expenses for billing and collection of such fees.

7. Imposition and collection of the fees authorized in subsection 5 of this section shall be suspended on the first day of a calendar quarter if, during the preceding calendar quarter, the federally delegated authority granted to the safe drinking water program within the department of natural resources to administer the Safe Drinking Water Act, 42 U.S.C. 300g-2, is withdrawn. The fee shall not be reinstated until the first day of the calendar quarter following the quarter during which such delegated authority is reinstated.

8. Fees imposed [under] pursuant to subsection 5 of this section shall expire on September 1, [1997] 2002.