L2362.17T

To repeal sections 77.140, 99.430, 441.020, 473.739, 535.185 and 575.130, RSMo 1994, and sections 50.333, 67.400, 67.455, 67.457, 67.459, 67.461 and 67.475, RSMo Supp. 1995, relating to certain political subdivisions, and to enact in lieu thereof twenty-six new sections relating to the same subject, with an expiration date for certain provisions and with penalty provisions, with an emergency clause for certain sections.

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

Section A. Sections 77.140, 99.430, 441.020, 473.739 and 535.185, RSMo 1994, and sections 50.333, 67.400, 67.455, 67.457, 67.459, 67.461 and 67.475, RSMo Supp. 1995, are repealed and eighteen new sections enacted in lieu thereof, to be known as sections 50.333, 64.725, 67.400, 67.455, 67.457, 67.459, 67.461, 67.475, 77.140, 99.430, 441.005, 441.020, 473.739, 535.185, 1, 2, 3 and 4, to read as follows:

50.333. 1. There shall be a salary commission in every nonchartered county.

2. The clerk of the circuit court of the judicial circuit in which such county is located shall set a date, time and place for the salary commission meeting and serve as temporary [chairman] chair of the salary commission until the members of the commission elect a [chairman] chair from their number. Upon written request of a majority of the salary commission members the clerk of the circuit court shall forthwith set the earliest date possible for a meeting of the salary commission. The circuit clerk shall give notice of the time and place of any meeting of the salary commission. Such notice shall be published in a newspaper of general circulation in such county at least five days prior to such meeting. Such notice shall contain a general description of the business to be discussed at such meeting.

3. The members of the salary commission shall be:

(1) The recorder of deeds if [his] such recorder's office [be] is separate from that of the circuit clerk;

(2) The county clerk;

(3) The prosecuting attorney;

(4) The sheriff;

(5) The county commissioners;

(6) The collector or treasurer ex officio collector;

(7) The treasurer or treasurer ex officio collector;

(8) The assessor;

(9) The auditor; and

(10) The public administrator [in counties of the first classification].

Members of the salary commission shall receive no additional compensation for their services as members of the salary commission. A majority of members shall constitute a quorum.

4. Notwithstanding the provisions of section [610.025] 610.021, RSMo, all meetings of a county salary commission shall be open meetings and all votes taken at such meetings shall be open records. Any vote taken at any meeting of the salary commission shall be taken by recorded yeas and nays. Any member of the salary commission who is absent from a meeting, without permission of a majority of the members of the salary commission, shall be counted as voting with the majority at any such meeting.

5. In every county, the salary commission shall meet at least once before November thirtieth of [each odd-numbered year. The salary commission may meet as many times as it deems necessary and may meet after November thirtieth and prior to December fifteenth of any odd-numbered year if the commission has met at least once prior to November thirtieth of that year. At any meeting of the salary commission, the members shall elect a chairman from their number. The county clerk shall present a report on the financial condition of the county to the commission once the chairman is so elected, and shall keep the minutes of the meeting] every fourth year after 1993 and may meet otherwise as the commission may direct. Such direction may be in the form of a motion approved by the commission at a previous salary commission meeting, upon a call by the chair or temporary chair or upon the call by a majority of the members of the commission.

6. For purposes of this section, the 1988 base compensation is the compensation paid on September 1, 1987, plus the same percentage increase paid or allowed, whichever is greater, to the presiding commissioner or the sheriff, whichever is greater, of that county for the year beginning January 1, 1988. Such increase shall be expressed as a percentage of the difference between the maximum allowable compensation and the compensation paid on September 1, 1987. At its meeting in 1987 and at any meeting held in 1988, the salary commission shall determine the compensation to be paid to every county officer holding office on January 1, 1988. The salary commission shall establish the compensation for each office at an amount not greater than that set by law as the maximum compensation. If the salary commission votes to increase compensation above the 1988 base compensation, but not to pay the maximum amount authorized by law for any officer, then the increase in compensation shall be the same percentage increase for all officers and shall be expressed as a percentage of the difference between the maximum allowable compensation and the 1988 base compensation. If two-thirds of the salary commission vote to decrease the compensation below the 1988 base compensation, all officers shall receive the same percentage decrease from the difference between the 1988 base and the salary paid on September 1, 1987. The commission may vote not to increase or decrease the 1988 base compensation and the 1988 base compensation shall be the salary of such officers during the subsequent term of office.

7. For the year [1989] 1996 and every [second] year thereafter, when a meeting is held, the salary commission shall meet in every county as many times as it deems necessary on or prior to November thirtieth of any such year for the purpose of determining the amount of compensation to be paid to county officials. For each year in which the commission meets, the members shall elect a [chairman] chair from their number. The county clerk shall present a report on the financial condition of the county to the commission once the [chairman] chair is so elected, and shall keep minutes of the meeting. The salary commission shall then consider the compensation to be paid [for the next term of office] for each county officer [to be elected at the next general election; however, until August 28, 1990, the compensation for all commissioners of the county commission shall be determined together at the meeting of the salary commission held in the year prior to the beginning of the next term for presiding commissioner and the compensation for the commissioners other than the presiding commissioner shall not be established or adjusted at any meeting of the salary commission at which the compensation of the presiding commissioner is not also established or adjusted. After August 28, 1990, salaries of associate commissioners shall be determined prior to their election; however, regardless of the percentage increase granted,]. Associate commissioners shall not receive compensation in excess of the compensation received by the presiding commissioner. If the commission votes not to increase or decrease the compensation, the salary being paid during the term in which the vote was taken shall continue as the salary of such offices and officers during the subsequent term of office. If the salary commission votes to increase the compensation, all officers or offices whose compensation is being considered by the commission at that time, shall receive the same percentage of the maximum allowable compensation.

8. However, for any county in which all officer's salaries have been set at one hundred percent of the maximum allowable compensation, the commission may vote to increase the compensation of county officers at that or any subsequent meeting of the salary commission without regard to any law or maximum limitation previously established by law. Such increase shall be expressed as a percentage of the compensation being paid during the term of office when the vote is taken, and each officer whose compensation is being established by the salary commission at that time shall receive the same percentage increase over the compensation being paid for that office during the term when the vote is taken. This increase shall be in addition to any increase mandated by an official's salary schedule because of changes in assessed valuation or population during the current term. [If the salary commission votes to decrease the compensation, all officers and offices, except as otherwise provided in this subsection for county commissioners, shall receive the same percentage decrease; however, no salary or other compensation of county officers holding office on or after May 13, 1988, shall be decreased below the compensation being paid for the particular office on the date the salary commission votes, except upon a two-thirds vote of all of the members of the salary commission.] If the salary commission votes to decrease the compensation, a vote of two-thirds or more of all the members of the salary commission shall be required before the salary or other compensation of any county office shall be decreased below the compensation being paid for the particular office on the date the salary commission votes, and all officers and offices shall receive the same percentage decrease.

[8.] 9. The salary commission shall issue, not later than December fifteenth of any year in which it meets, a report of compensation to be paid to each officer and the compensation so set shall be paid beginning with the start of the subsequent term of office of each officer. The report of compensation shall be certified to the clerk of the county commission for the county and shall be in substantially the following form:

The salary commission for ............. County hereby certifies that it has met pursuant to law to establish compensation for county officers to be paid to such officers during the next term of office for the officers affected. The salary commission reports that there shall be (no increase in compensation) (an increase of .................... percent) (a decrease of .......................... percent) (county officer's salaries set at .......... percent of the maximum allowable compensation). Salaries shall be adjusted each year on the official's year of incumbency for any change in the last applicable decennial census or any change in the last completed assessment that would affect the maximum allowable compensation for that office. If the salary commission desires, the commission may change the compensation of county officers in a gradual manner over the period of the term of office. In such case, the report of compensation shall be in substantially the following form:

The salary commission for ........... County hereby certifies that it has met pursuant to law to establish compensation for county officers to be paid to such officers during the next term of office for all county officers. The salary commission reports that there shall be (no increase in compensation) (an increase of .... percent each year in the next term of office) (a decrease of .... percent each year in the next term of office).

[9. For the meeting in 1989 and every meeting thereafter,] 10. In the event a salary commission in any county fails, neglects or refuses to meet as provided in this section, or in the event a majority of the salary commission is unable to reach an agreement and so reports or fails to certify a salary report to the clerk of the county commission by December fifteenth of any year in which a report is required to be certified by this section, then the compensation being paid to each affected officer on such date shall continue to be the compensation paid to the affected officer during the succeeding term of office.

[10.] 11. The salary commission in each county which did not adopt a salary level of one hundred percent in 1987 and, upon petition of two-thirds of the members of the salary commission, the salary commission of any other county shall meet within thirty days after May 13, 1988, to reconsider any action or failure to act prior to May 13, 1988. Any salary schedule adopted or adjustments made in a previous salary schedule at the meeting required by this subsection shall be certified to the clerk of the county commission within forty-five days after May 13, 1988, and shall become the salary schedule for that county for the current term of office and the term of office for those officers to be elected in 1988 in lieu of any salary schedule adopted prior to May 13, 1988.

[11.] 12. Other provisions of law notwithstanding, in every instance where an officer or employee of any county is paid a mileage allowance or reimbursement, the county commission shall allow or reimburse such officers or employees out of the county treasury at the highest rate paid to any county officer for each mile actually and necessarily traveled in the performance of their official duties. The county commission of any county may elect to pay a mileage allowance for any county commissioner for travel going to and returning from the place of holding commission meetings and for all other necessary travel on official county business in the personal motor vehicle of the commissioner presenting the claim.

[12.] 13. The term "maximum allowable compensation" as used in this section means the highest compensation which may be paid to the specified officer in the particular county based on the salary schedule established by law for the specified officer, and in counties where compensation is computed on both a population and an assessed valuation factor, total compensation allowable shall be the sum of both the population and the assessed valuation factors which are applicable to the population and assessed valuation of the particular county. If the salary commission at its meeting in 1987 voted for one hundred percent of the maximum allowable compensation and does not change such vote at its meeting held within thirty days after May 13, 1988, as provided in subsection 6 of this section, the one hundred percent shall be calculated on the basis of the total allowable compensation permitted after May 13, 1988.

14. The compensation for county officers shall be set as a group and not by individual officers. The compensation shall be expressed as a percentage of the compensation being paid during the term of office when the vote is taken. For those officers whose statutory compensation is based in whole, or in part, upon assessed valuation or population, changes in compensation based upon changes in such factors shall continue notwithstanding any action or nonaction of the salary commission; except that, such changes shall, like other statutory compensation, be subject to the percentage rate set by the salary commission. The compensation for county officers may be adjusted by the county commission on January first of each year, not to exceed the percentage increase given to other county employees.

64.725. 1. As an alternative to the procedures in sections 64.510 to 64.550, the county commission of any county of the first, second, third or fourth classification may create a temporary county planning commission prior to an election to adopt county planning and zoning. Such planning commission shall prepare a county plan for all areas of the county, or planning and zoning districts within a county, whether such areas are incorporated or unincorporated, outside the corporate limits of any city, town or village which has adopted a city plan in accordance with the laws of this state.

2. The temporary county planning commission appointed pursuant to subsection 1 of this section shall consist of the county highway engineer, and one resident from each township of the county appointed by the county commission, from the unincorporated area of the county. The members of such planning commission shall serve until a planning commission is elected by the voters of the county, pursuant to subsection 6 of this section. All members of such temporary planning commission shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. Such planning commission shall elect a chair at the first meeting of the year to serve for such year until a new chair is elected. The county highway engineer shall be an ex officio member of such planning commission.

3. The temporary planning commission may create and adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and recommendations. The commission may appoint such employees as it deems necessary for its work, and may contract with planners and other consultants for such services as it may require, and may incur other necessary expenses. The commission shall have power to make, adopt and publish a proposal for a master plan of the county for the purpose of bringing about coordinated physical development in accordance with the present and future needs. The master plan shall be developed so as to conserve the natural resources of the county, to insure efficient expenditure of public funds and to promote the health, safety, convenience, prosperity and general welfare of the inhabitants. Such master plan may include, among other things, studies and recommendations relative to the location, character and extent of highways, railroads, bus, streetcar, and other transportation routes, bridges, public buildings, schools, parks, parkways, forests, wildlife refuges, dams and projects affecting conservation of natural resources. Before the adoption of the plan, the commission shall hold at least one public hearing thereon, fifteen days' notice of the time and place of which shall be published in at least one newspaper having general circulation within the county, and notice of such hearing shall also be posted at least fifteen days in advance thereof in one or more public areas of the courthouse of the county. Such hearing may be adjourned from time to time. The adoption of the plan shall be by resolution carried by not less than a majority vote of the full membership of the temporary county planning commission.

4. After the temporary county planning commission has adopted a proposed plan for county planning and zoning in the county, the county commission shall submit to the voters of the county the question of whether the county should adopt county planning and zoning as provided in the proposed plan. Such plan shall be available to the voters at least twenty days prior to the election. A notice stating the place or places and times for examining the plan shall be posted in one or more public areas of the courthouse of the county, and such notice shall be published in at least one newspaper of general circulation in the county at least once a week for three consecutive weeks, the last publication to be twenty days prior to the election.

5. The question for the adoption of county planning and zoning shall be submitted in substantially the following form:

Shall county planning and zoning as proposed by the county planning commission be adopted?

YES NO

6. If a majority of the votes cast on the question of whether the county should adopt county planning and zoning as provided in the proposed plan are in favor of adopting the plan, then an attested copy of the official master plan shall be certified to the county commission, to the recorder of deeds, and to the clerk of each incorporated area covered by the plan or part thereof. At the next countywide election, the voters in each township of the unincorporated area of the county shall elect one member from each township to be a member of the county planning commission, and the county commission shall by order entered of record have the newly elected members of the county planning commission proceed with a program of county planning and zoning. The plan shall be effective immediately following the election of the county planning commission. If a majority of the votes cast on the question of whether the county should adopt county planning and zoning as provided in the proposed plan are in opposition to adopting the plan, then it shall be at the discretion of the county commission whether to retain or dissolve the temporary county planning commission established pursuant to subsection 1 of this section.

7. The terms of the elected members of the county planning commission shall be four years or until the member's successor takes office; except that, the terms shall be overlapping and one-half of the members first elected, or if an uneven number one-half plus one, shall be elected for two-year terms and the remaining members shall be elected for four-year terms. The county highway engineer shall be an ex officio member of the county planning commission. The term of the county highway engineer shall be only for the duration of the engineer's tenure of official position. All members of the county planning commission shall serve as such without compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. The planning commission shall elect a chair at the first meeting of the year to serve for such year until a new chair is elected. The commission shall have all powers granted a county planning commission appointed pursuant to sections 64.510 to 64.695.

8. If the county commission does not appoint a temporary county planning commission as provided in subsection 1 of this section, the voters of the county may submit a petition, signed by five percent of the number of voters in the county voting at the last gubernatorial election, calling for the appointment of a temporary county planning commission. Upon receipt of such a petition, the county commission shall appoint a temporary county planning commission as provided in subsection 1 of this section.

67.400. The governing body of any city, town, village, or county [of the first classification and any county of the first class with a charter form of government] may enact orders or ordinances to provide for vacation and the mandatory demolition of buildings and structures, excluding farm buildings and structures, or mandatory repair and maintenance of buildings or structures, excluding farm buildings and structures, within the corporate limits of the city, town, village or county which are detrimental to the health, safety or welfare of the residents and declared to be a public nuisance. No county, except a county of the first classification and any county of the first class with a charter form of government, may enact orders or ordinances to provide for vacation and the mandatory demolition of abandoned farm buildings and structures. Farm buildings and structures shall be defined as any building or structure located on a tract of land in an unincorporated area consisting of three acres or more.

67.455. 1. As a complete alternative to all other methods provided by law or charter, the governing body of any city or county may make, or cause to be made, improvements which confer a benefit upon property within a neighborhood improvement district pursuant to sections 67.453 to 67.475. The governing body of such city or county may incur indebtedness and issue temporary notes and general obligation bonds of such city or county pursuant to sections 67.453 to 67.475 to pay for all or part of the cost of such improvements. An improvement may be combined with one or more other improvements for the purpose of issuing a single series of general obligation bonds to pay all or part of the cost of such improvements, but separate funds or accounts shall be established within the records of the city or county for each improvement as provided in section 67.473. Such city or county shall assess special assessments on the property deemed by the governing body to be benefited by each such improvement pursuant to section 67.457. The city or county shall use the moneys collected from such special assessments to reimburse the city or county for all amounts paid or to be paid by it as principal of and interest on its general obligation bonds issued for such improvements. As used in this chapter, improvements may include new improvements, maintenance to existing improvements or replacement of improvements partially or totally destroyed.

2. In addition to the methods of authority for bonded indebtedness as described in subsection 1 of this section, the governing body of any first class county bordered by two counties of the second classification, and any county of the first classification without a charter form of government having a population of at least 150,000 inhabitants containing a portion of a city with a population of at least 350,000 inhabitants may submit pursuant to the provisions of sections 108.010 to 108.110, RSMo, the question of authorizing issuance of general obligation bonds which may be used to finance any improvement as defined in section 67.453, RSMo.

3. The bonds issued pursuant to subsection 1 of this section shall be based on a competitive selection process or by competitive bid. As used in this section, the phrase "competitive selection process" shall mean the utilization of a formal written request for proposals and shall require the establishment of selection criteria including, but not limited to, experience, fees and interest rates. The governing body of any city or county shall advertise for bids on bonds or proposals in at least one newspaper of general circulation in the area served by the neighborhood improvement district at least ten days before bids for the bonds are to be opened or the proposals are due. The city or county governing body may reject any and all bids and advertise for new bids.

67.457. 1. To establish a neighborhood improvement district, the governing body of any city or county shall comply with either of the procedures described in subsection 2 or 3 of this section.

2. The governing body of any city or county proposing to create a neighborhood improvement district may by resolution submit the question of creating such district to all qualified voters residing within such district at a general or special election called for that purpose. Such resolution shall set forth the project name for the proposed improvement, the general nature of the proposed improvement, the estimated cost of such improvement, the boundaries of the proposed neighborhood improvement district to be assessed, [and] the proposed method or methods of assessment of real property within the district, and the proposed assessment formula to be used in the proposed method or methods of assessment of real property within the district, including any provision for the annual assessment of maintenance costs of the improvement in each year after the bonds issued for the original improvement are paid in full, or if approved as a separate question on the ballot, the provision for the annual assessment of maintenance costs of the improvement prior to retirement of the bonds issued for the original improvements. The governing body of the city or county may create a neighborhood improvement district when the question of creating such district has been approved by the vote of the percentage of electors within such district voting thereon that is equal to the percentage of voter approval required for the issuance of general obligation bonds of such city or county under article VI, section 26 of the constitution of this state. The notice of election containing the question of creating a neighborhood improvement district shall contain the project name for the proposed improvement, the general nature of the proposed improvement, the estimated cost of such improvement, the boundaries of the proposed neighborhood improvement district to be assessed, the proposed method or methods of assessment of real property within the district, including any provision for the annual assessment of maintenance costs of the improvement in each year after the bonds issued for the original improvement are paid in full, and a statement that the final cost of such improvement assessed against real property within the district and the amount of general obligation bonds issued therefor shall not exceed the estimated cost of such improvement, as stated in such notice, by more than twenty-five percent. The ballot upon which the question of creating a neighborhood improvement district is submitted to the qualified voters residing within the proposed district shall contain a question in substantially the following form:

Shall ............ (name of city or county) be authorized to create a neighborhood improvement district proposed for the ............. (project name for the proposed improvement) and incur indebtedness and issue general obligation bonds to pay for all or part of the cost of public improvements within such district, the cost of all indebtedness so incurred to be assessed by the governing body of the ............. (city or county) on the real property benefited by such improvements for a period of ...... years, and, if included in the resolution, an assessment in each year thereafter with the proceeds thereof used solely for maintenance of the improvement? As a separate question on the same ballot, if included in the resolution, a maintenance tax levy question shall be submitted in substantially the following form:

Shall ........... (name of city or county) be authorized to collect a tax, not to exceed twenty cents per one hundred dollars of assessed valuation, and in addition to any ....... (special assessment or levy) to retire any bonds issued, to be used solely for maintenance costs of the improvement?

3. As an alternative to the procedure described in subsection 2 of this section and in addition to the petition requirements contained in article III, section 38(c) of the Missouri Constitution, the governing body of a city or county may create a neighborhood improvement district when a proper petition has been signed by at least two-thirds of the owners of record [of at least two-thirds by area] of all real property located within such proposed district. However, if the proposed improvement involves improvements to a county road in an unincorporated area of a second, third or fourth class county, the procedures set forth in this subsection shall be the exclusive manner in which an improvement district may be created; provided that the county commission may place the issue on the ballot only upon receiving a petition signed by four-sevenths of the owners of record of all real property located within such district. The petition, in order to become effective, shall be filed with the city clerk or county clerk. A proper petition for the creation of a neighborhood improvement district shall set forth the project name for the proposed improvement, the general nature of the proposed improvement, the estimated cost of such improvement, the boundaries of the proposed neighborhood improvement district to be assessed, the proposed method or methods of assessment of real property within the district, including any provision for the annual assessment of maintenance costs of the improvement in each year after the bonds issued for the original improvement are paid in full or any provision for the annual assessment of maintenance costs of the improvement prior to retirement of the bonds issued for the original improvement, a notice that the names of the signers may not be withdrawn later than seven days after the petition is filed with the city clerk or county clerk, and a notice that the final cost of such improvement assessed against real property within the district and the amount of general obligation bonds issued therefor shall not exceed the estimated cost of such improvement, as stated in such petition, by more than twenty-five percent.

4. Upon receiving the requisite voter approval at an election or upon the filing of a proper petition with the city clerk or county clerk, the governing body may by resolution or ordinance determine the advisability of the improvement and may order that the district be established and that preliminary plans and specifications for the improvement be made. Such resolution or ordinance shall state and make findings as to the project name for the proposed improvement, the nature of the improvement, the estimated cost of such improvement, the boundaries of the neighborhood improvement district to be assessed, the proposed method or methods of assessment of real property within the district, including any provision for the annual assessment of maintenance costs of the improvement [in each year after the bonds issued for the original improvement are paid in full], and shall also state that the final cost of such improvement assessed against the real property within the neighborhood improvement district and the amount of general obligation bonds issued therefor shall not, without a new election or petition, exceed the estimated cost of such improvement by more than twenty-five percent.

5. The boundaries of the proposed district shall be described by metes and bounds, streets or other sufficiently specific description. The area of the neighborhood improvement district finally determined by the governing body of the city or county to be assessed may be less than, but shall not exceed, the total area comprising such district.

6. In any neighborhood improvement district organized prior to August 28, 1994, an assessment may be levied and collected after the original period approved for assessment of property within the district has expired, with the proceeds thereof used solely for maintenance of the improvement, if the residents of the neighborhood improvement district either vote to assess real property within the district for the maintenance costs in the manner prescribed in subsection 2 of this section or if at least two-thirds of the owners of [two-thirds of the area] record of all real property located within the district sign a petition for such purpose in the same manner as prescribed in subsection 3 of this section.

67.459. The portion of the cost of any improvement to be assessed against the real property in a neighborhood improvement district shall be apportioned against such property or property owners, in accordance with the benefits accruing thereto by reasons of such improvement. The cost may be assessed [equally per front foot or per square foot against property within the district or] by any [other] reasonable assessment plan determined by the governing body of the city or county which results in imposing substantially equal burdens or share of the cost upon property similarly benefited. The governing body of the city or county may from time to time determine and establish by ordinance or resolution reasonable general classifications and formulae for the methods of assessing the benefits.

67.461. 1. After the governing body has made the findings specified in section 67.457 and plans and specifications for the proposed improvements have been prepared, the governing body shall by ordinance or resolution order assessments to be made against each parcel of real property deemed to be benefited by an improvement based on the revised estimated cost of the improvement or, if available, the final cost thereof, and shall order a proposed assessment roll to be prepared.

2. The plans and specifications for the improvement and the proposed assessment roll shall be filed with the city clerk or county clerk, as applicable, and shall be open for public inspection. Such clerk shall thereupon, at the direction of the governing body, publish notice that the governing body will conduct a hearing to consider the proposed improvement and proposed assessments. Such notice shall be published in a newspaper of general circulation at least once a week for three consecutive weeks with at least one such notice being not more than twenty days and not less than ten days before the hearing and shall state the project name for the improvement, the date, time and place of such hearing, the general nature of the improvement, the revised estimated cost or, if available, the final cost of the improvement, the boundaries of the neighborhood improvement district to be assessed, and that written or oral objections will be considered at the hearing. The neighborhood improvement district shall reimburse such clerk's office for the cost of such advertisement. At the same time, the clerk shall mail to the owners of record of the real property made liable to pay the assessments, at their last known post-office address, a notice of the hearing and a statement of the cost proposed to be assessed against the real property so owned and assessed. The failure of any owner to receive such notice shall not invalidate the proceedings.

67.475. In counties of the first classification on the effective date of this section, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed ten percent of the assessed valuation of all taxable tangible property, as shown by the last completed property assessment for state or local purposes, within the city or county. In any county which was not a county of the first classification on the effective date of this section, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed forty percent of the assessed valuation of all taxable real property, as shown by the last completed property assessment for state or local purposes, within the proposed neighborhood improvement district; provided, however, that if a ballot upon which the question of incurring the bonded indebtedness is submitted to all of the qualified voters residing within the city or county and is approved by the percentage of voters within such city or county that is equal to the percentage of voter approval required for the issuance of general obligation bonds of such city or county pursuant to article VI, section 26 of the Missouri constitution, the total amount of city or county general obligation bond indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to 67.475, shall not exceed the assessed valuation of all taxable real property, as shown by the last completed property assessment for state or local purposes, within the proposed neighborhood improvement district. Any city with a population of three hundred fifty thousand or more inhabitants shall appoint a citizen advisory committee composed of members of each council districts on proposed neighborhood improvement district.

77.140. The council may establish, alter and change the channel of watercourses, and wall them and cover them over, and prevent obstructions thereon, and may establish, make and regulate public wells, cisterns and reservoirs of water, and provide for filling the same. The council may purchase grounds and erect and establish market houses and marketplaces, and regulate and govern the same; and also contract with any person or persons, association or corporation for the erection, maintenance and regulation of market houses and marketplaces, on such terms and conditions and in such manner as the council may prescribe. The council may also provide for the erection, purchase or renting of a city hall, workhouses, houses of correction, prisons, engine houses and any and all other necessary buildings for the city; and may sell, lease, abolish or otherwise dispose of the same, and may enclose, improve, regulate, purchase or sell all public parks or other public grounds belonging to the city, and may purchase and hold grounds for public parks within the city, or within three miles thereof. The city shall be authorized to issue and negotiate interest bearing revenue bonds on any of the foregoing facilities.

99.430. 1. Preparation and approval of redevelopment and urban renewal plans shall be carried out within the following regulations:

(1) An authority shall not acquire real property for a land clearance or urban renewal project unless the governing body of the community in which the land clearance project area or urban renewal project area is located has approved the redevelopment or urban renewal plan, as prescribed in subdivision (9) of this section.

(2) An authority shall not prepare a redevelopment or an urban renewal plan for a land clearance or urban renewal project area unless the governing body of the community in which the area is located has declared, by resolution or ordinance, the area to be a blighted, or insanitary area in need of redevelopment or in need of rehabilitation.

(3) An authority shall not recommend a redevelopment or urban renewal plan to the governing body of the community in which the land clearance or urban renewal project area is located until a general plan for the development of the community has been prepared.

(4) The authority itself may prepare or cause to be prepared a redevelopment or urban renewal plan or any person or agency, public or private, may submit such a plan to an authority. A redevelopment or urban renewal plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the land clearance or urban renewal project area, and shall include without being limited to:

(a) The boundaries of the land clearance or urban renewal project area, with a map showing the existing uses and condition of the real property therein;

(b) A land use plan showing proposed uses of the area;

(c) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment or urban renewal;

(d) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;

(e) A statement as to the kind and number of additional public facilities or utilities which will be required in the area after redevelopment or urban renewal; and

(f) A schedule indicating the estimated length of time needed for completion of each phase of the plan.

(5) Prior to recommending a redevelopment or urban renewal plan to the governing body for approval, an authority shall submit the plan to the planning agency, if any, of the community in which the land clearance or urban renewal project area is located for review and recommendations as to its conformity with the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the proposed redevelopment or urban renewal plan to the authority within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, an authority may recommend the redevelopment or urban renewal plan to the governing body of the community for approval.

(6) Prior to recommending a redevelopment or urban renewal plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the land clearance or urban renewal project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs which, in accordance with present and future needs, will promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of insanitary or unsafe dwelling accommodations, or insanitary areas, or conditions of blight or deterioration, and the provision of adequate, safe and sanitary dwelling accommodations.

(7) The recommendation of a redevelopment or urban renewal plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission concerning the redevelopment or urban renewal plan; a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment or urban renewal of the land clearance or urban renewal project area and the estimated proceeds or revenues from its disposal to redevelopers; a statement of the proposed method of financing the project; a statement of a feasible method proposed for the relocation of families to be displaced from the land clearance or urban renewal project area; and a schedule indicating the estimated length of time needed for completion of each phase of the plan.

(8) The governing body of the community shall hold a public hearing on any redevelopment or urban renewal plan or substantial modification thereof recommended by the authority, after public notice thereof by publication in a newspaper of general circulation in the community once each week for [two] three consecutive weeks, the last publication to be at least ten days prior to the date set for hearing. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify the area to be covered by the plan. All interested parties shall be afforded at the public hearing a reasonable opportunity to express their views respecting the proposed redevelopment or urban renewal plan.

(9) Following the hearing, the governing body may approve a redevelopment or urban renewal plan if it finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole. A redevelopment or urban renewal plan which has not been approved by the governing body when recommended by the authority may be recommended again to it with any modifications deemed advisable.

(10) A redevelopment or urban renewal plan may be modified at any time by the authority, provided that, if modified after the lease or sale of real property in the land clearance or urban renewal project area, the modification must be consented to by the redeveloper of the real property or his successor, or their successors in interest affected by the proposed modification. Where the proposed modification will substantially change the redevelopment or urban renewal plan as previously approved by the governing body, the modification must similarly be approved by the governing body.

2. As an alternative to the procedures prescribed in subdivisions (2) and (5) of subsection 1, an authority may find an area to be a blighted, insanitary or undeveloped area in need of redevelopment or rehabilitation, and simultaneously prepare a plan, or adopt a plan presented to the authority, and the authority may simultaneously recommend its finding of a blighted, insanitary or undeveloped area and the approval of a plan to the governing body of the community, and the governing body may make its finding that the area is blighted, insanitary or undeveloped and approve the plan simultaneously. Simultaneously with such recommendation of a finding of a blighted or insanitary or undeveloped industrial area and recommendation of a plan to the governing body for approval, an authority shall submit the finding of a blighted or insanitary or undeveloped area and the plan to the planning agency, if any, of the community in which the project area is located for review and recommendation as to the conformity of the plan to the general plan for the development of the community as a whole. The planning agency shall submit its written recommendations with respect to the finding of a blighted or insanitary or undeveloped industrial area and the plan to the authority and the local governing body within thirty days after receipt of the findings and the plan for review. Upon receipt of the recommendations of the planning agency, or, if no recommendations are received within the thirty days, then without the recommendations, the governing body may simultaneously approve the finding of a blighted or [insantiary] insanitary or undeveloped area and approve the plan in the manner prescribed in subdivisions (8) and (9) of subsection 1.

441.005. Except as otherwise provided, when used in chapter 534, RSMo, chapter 535, RSMo, or this chapter, the following terms mean:

(1) "Lease", a written or oral agreement for the use or possession of premises;

(2) "Lessee", any person who is a party to a lease, and any person on the premises with the lessee's permission;

(3) "Premises", land, tenements, condominium or cooperative units, air rights and all other types of real property leased under the terms of a rental agreement, including any facilities and appurtenances, to such premises, and any grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant. "Premises" include structures, fixed or mobile, temporary or permanent, vessels, mobile trailer homes and vehicles which are used or intended for use primarily as a dwelling or as a place for commercial or industrial operations or storage;

(4) "Rent", all charges or expenses other than damage assessments and attorney's fees, regardless of how denominated or defined in the lease, to be paid by or on behalf of a tenant to a landlord for any purpose set forth in the lease. Any charges and expenses provided under this definition shall be subject to any applicable limitations imposed pursuant to federal law for federally subsidized housing.

441.020. 1. Whenever any lessee of any house, apartment or building [shall suffer] permits any prohibited gaming table, bank or device to be set up or be kept or used [therein] upon the premises, for the purpose of gaming, or keeping in the same a bawdyhouse, brothel or common gaming house, or allowing the illegal possession, sale or distribution of controlled substances upon the premises, the lease or agreement for letting such house or building shall become void, and the lessor may enter on the premises so let, and shall have the same remedies for the recovery [thereof] of the premises as in the case of a tenant holding over [his] the tenant's term.

2. If a lessee is conducting any illegal activities on the premises or such person is otherwise creating a nuisance that could injure persons or damage property, in addition to any remedy provided in subsection 1 of this section, a lessor may request, and the court may issue an ex parte temporary restraining order, without further hearing, with due notice to the lessee that the lessee is to vacate the premises within twenty-four hours of receiving such notice. The lessor shall in such injunctive action post a bond which shall be three times the amount of the monthly rent. The lessor shall submit to the court with the request for the temporary restraining order an affidavit stating the reasons that such action is necessary and the affidavit shall be supported by clear and convincing evidence that a lessee or any person on the premises with the lessee's permission is conducting illegal activities on the premises or such person is otherwise creating a nuisance that could injure persons or damage property. The judge shall hold a hearing within ten days after the issuance of the temporary restraining order. The court may suspend execution of the order and allow a lessee to remain on the premises pending the hearing if the lessee posts a bond in an amount equal to one month's rent. Upon a finding for the lessee, the court may award the lessee all or part of the bond posted by the lessor. The receipt of such an award shall not preclude the lessee from pursuing any other damages which may be sought according to law.

473.739. 1. Each public administrator, except in counties of the first class with a charter form of government, who does not receive at least [twenty-five] forty-five thousand dollars in fees as otherwise allowed by law shall receive annual compensation of four thousand dollars and each such public administrator who does not receive at least [twenty-five] forty-five thousand dollars in fees may request the county salary commission for an increase in annual compensation and the county salary commission may authorize an additional increase in annual compensation not to exceed ten thousand dollars.

2. Two thousand dollars of the compensation authorized in this section shall be payable to the public administrator only if he has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the public administrator's office when approved by a professional association of the county public administrators of Missouri unless exempted from the training by the professional association. The professional association approving the program shall provide a certificate of completion to each public administrator who completes the training program and shall send a list of certified public administrators to the treasurer of each county. Expenses incurred for attending the training session may be reimbursed to the county public administrator in the same manner as other expenses as may be appropriated for that purpose.

535.185. 1. The landlord of residential property or any person authorized to enter into a rental agreement on such landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

(1) The person authorized to manage the premises; and

(2) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. If such owner or authorized person has an address which is a post office box, service of process and any notice or demand may be made by mailing a copy of the summons, petition, notice or demand by first-class mail, postage prepaid, together with two copies of such summons, petition, notice or demand pursuant to section 506.150, RSMo.

2. The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.

3. A person who fails to comply with subsection 1 of this section becomes an agent of each person who is a landlord for the purpose of:

(1) Service of process and receiving and receipting for notices and demands; and

(2) Performing the obligations of the landlord pursuant to chapter 441, RSMo, or this chapter, or any other obligations under the rental agreement and expending or making himself or herself available for the purposes of collecting all rent due from the premises.

4. The governing body of any county of the first classification with a charter form of government which contains all or part of a city with a population of three hundred fifty thousand or more inhabitants may adopt orders or ordinances to implement the provisions of subsections 4 to 6 of this section. Such orders or ordinances, if adopted, shall require any residential property owner who is not a resident of Missouri, the landlord or the agent for the landlord to register in the clerk's office of such county. The agent shall be a Missouri resident. The person completing such registration shall list the location of each parcel of rental property located in such county owned by such out-of-state landlord. The registration shall also include the name and address of the person who manages such property, and, if such manager is not the agent for such landlord, the name and address of the person who is the agent for such out-of-state landlord. The agent shall be authorized to accept service of process for the landlord. The clerk of such county may adopt forms and procedures to administer the provisions of this subsection.

5. Any landlord or agent of such landlord who violates the provisions of subsection 4 of this section is guilty of a class A misdemeanor and shall be subject to a fine of up to five hundred dollars for the first offense and up to one thousand dollars for the second or any subsequent offense.

6. The provisions of subsections 4 and 5 of this section shall expire on August 28, 2001.

Section 1. To finance a neighborhood improvement district, the governing body of any city or county shall comply with either the procedures in sections 67.459 to 67.467, RSMo, or the procedure in section 2 of this act.

Section 2. As an alternative method of financing to that established in sections 67.459 to 67.467, RSMo, the governing body of any city or county shall provide for the collection of an annual tax sufficient to pay the interest and principal of the bonds issued pursuant to section 67.455, RSMo, as they fall due, and to retire them within the time limit specified in the contract, not to exceed twenty years. Upon approval of the voters of the district, the governing body of any city or county may provide for the collection of an annual tax, not to exceed twenty cents per one hundred dollars of assessed value, which shall only be used to offset any maintenance costs of the improvement. The governing body may assess such maintenance tax before the bonds issued for the original improvement are paid in full, and may forward any remaining unobligated balance to succeeding years.

Section 3. The county commission of any county shall have the authority to replace any member on any board over which the commission has the authority to appoint members for failing without good cause to attend meetings of the board.

Section 4. The governing body of any county may adopt and enforce a uniform personnel policy designed to secure efficient administration for all offices, positions and employees of the county.

Section B. Section 575.130, RSMo 1994, is repealed and eight new sections enacted in lieu thereof, to be known as sections 575.130, 4, 5, 6, 7, 8, 9 and 10, to read as follows:

575.130. 1. A person commits the crime of simulating legal process if, with purpose to mislead the recipient and cause him to take action in reliance thereon, he delivers or causes to be delivered:

(1) A request for the payment of money on behalf of any creditor that in form and substance simulates any legal process issued by any court of this state; or

(2) Any purported summons, subpoena or other legal process knowing that the process was not issued or authorized by any court.

2. This section shall not apply to a subpoena properly issued by a notary public.

3. Simulating legal process is a class B misdemeanor.

4. No person shall file a nonconsensual common law lien as defined in section 4 of this act.

5. A violation of subsection 4 of this section is a class B misdemeanor.

6. Subsection 4 of this section shall not apply to a filing officer as defined in section 4 of this act that is acting in the scope of employment.

Section 4. 1. For the purposes of sections 4 to 10 of this act:

(1) "Court" is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Missouri circuit courts, and Missouri associate circuit courts but shall not include municipal courts;

(2) "Filing officer" is the secretary of state, the recorder of deeds of any county, the circuit clerk of any county or any public official or authorized employee required by law to accept for filing and keep as a public record any lien, deed, instrument, judgment or other document, whether in paper, electronic or other form, required to be filed or recorded under the laws of this state;

(3) "Nonconsensual common law lien" is a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:

(a) Is not expressly provided for by a specific state or federal statute;

(b) Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and

(c) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

2. Nothing in sections 4 to 10 of this act shall be construed to create a lien or interest in property not otherwise existing under state or federal law.

3. Nothing in sections 4 to 10 of this act shall be construed to permit a municipal court to create a lien or interest in property not otherwise existing under state or federal law.

Section 5. 1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.

2. If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.

Section 6. Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 5 of this act may petition the circuit court of the county of the filing officer that rejected such lien for an order, which may be granted ex parte, directing the filing officer to file or record the lien pending a hearing on whether the lien constitutes a nonconsensual common law lien. The lien claimant shall appear before the court as the petitioner within ten business days following the date of service of the petition and order on the filing officer, and show cause, if any, why the lien should not be declared void and other relief provided for by section 5 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.

Section 7. Any person who has real or personal property or an interest therein, which is subject to a recorded nonconsensual common law lien who believes such lien is invalid may petition the circuit court of the county in which the lien has been recorded or filed for an order, which may be granted ex parte, directing the lien claimant to appear before the court within ten business days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be declared void and other relief provided for by section 8 of this act should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.

Section 8. 1. Any order rendered pursuant to section 3 or 4 of this act shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be declared void ab initio and released and that the lien claimant shall be ordered to pay the costs incurred by any other party to the proceeding, including reasonable attorney's fees.

2. If, following a hearing on the matter, the court determines that the document at issue is a nonconsensual common law lien, the court shall issue an order declaring the lien void ab initio, releasing the lien and awarding costs and reasonable attorney's fees to the prevailing party.

3. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney's fees to the prevailing party.

4. A certified copy of any order rendered pursuant to this section shall be filed by the circuit clerk in the office of the appropriate filing officer.

Section 9. Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 4 to 8 of this act and, except as otherwise provided by law, shall not be required to defend decisions to accept or reject any documents.

Section 10. Any person who records or files in the office of a filing officer:

(1) Any document purporting to create a nonconsensual common law lien against real or personal property; or

(2) A notice of invalid lien pursuant to subsection 2 of section 5 of this act with respect to a valid lien and which the filer knew to be false at the time of filing;

shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney's fees.

Section C. Because immediate action is necessary to prevent injustice, section B of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section B of this act shall be in full force and effect upon its passage and approval.

Section D. Because immediate action is necessary to prevent injustice, sections 575.130, 4, 5, 6, 7, 8, 9 and 10 of this act are deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and sections 575.130, 4, 5, 6, 7, 8, 9 and 10 are hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.