HCS HB 234 & 493 -- PUBLIC WATER SUPPLY DISTRICTS

SPONSOR:  Wilson, 119 (Wood)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Rural Community Development by a vote of 11 to 0.

Currently, any territory included in a water supply district that
is not being served by the district may be removed from the
district by the filing of a petition by the district acting
through the board of directors with the circuit court in which
the district was incorporated.  This substitute allows any person
to name the district as a defendant and serve a copy of the
petition upon the district at least 35 days before the hearing if
the district fails to file the petition.  The petition must be
served by certified or registered mail, with a return receipt
requested.  In the event the district is named as a defendant, it
may file exceptions or objections.  In considering the petition
for detachment, the court must take into consideration the
evidence in support of and opposition to the petition.  The clerk
of the circuit court must give notice to the district of the
filing of the petition and the hearing.  Notice must be sent by
certified or registered mail, with a return receipt requested,
and published in a newspaper of general circulation in the county
in which the proceedings are pending and in the territory
proposed to be detached.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill will make it easier to
notify the water district board when someone wants to detach from
a water district.  Currently, notification must only be made in a
local newspaper.  In many rural areas, local newspapers are often
published on a weekly or even less frequent basis.  Therefore,
the water district is sometimes caught off-guard when someone
wants to detach from the district.

Testifying for the bill were Representatives Wood and Scavuzzo;
Missouri Rural Water Association; and Association of Water
Districts.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am