HCS SCS SB 700 -- POLITICAL SUBDIVISIONS

SPONSOR:  Lager (Brown, 30)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Local
Government by a vote of 13 to 1 present: 0

This substitute changes the laws regarding political
subdivisions.  In its main provisions, the substitute:

(1)  Establishes the Joint Committee on Missouri's Eco Friendly
Solid Waste composed of five members of the Senate appointed by
the President Pro Tem and five members of the House of
Representatives, appointed by the Speaker, with no more than
three members from either chamber being of the same political
party.  The committee must examine Missouri's present and future
solid waste management needs to determine the best strategy to
ensure an affordable and environmentally conscious long-term
strategy for waste management that will meet the needs of the
people and businesses of Missouri for the next 25 years.  The
committee must submit a final report with its recommendations for
any legislative action deemed necessary to the General Assembly
by December 31, 2010, at which time the committee will be
dissolved.  Until the committee issues its report, the Department
of Natural Resources is prohibited from issuing a permit for any
new nonsource separated material recovery facility (Section
21.870);

(2)  Adds Platte County to the list of counties authorized to
impose by rule, regulation, or ordinance a civil fine of up to
$1,000 for each violation of any rule, regulation, or ordinance
adopted by the county commission that is a misdemeanor and allows
all counties on the list to impose the fine for an infraction of
a municipal ordinance (Section 49.272);

(3)  Authorizes the county clerk's designee who is responsible
for payroll and personnel records to perform certain duties with
regard to the county employees' retirement fund.  Currently, only
the county clerk is authorized to perform the specified duties
(Section 50.1020);

(4)  Authorizes the recorder of deeds in Jackson County to
collect a $1 donation over and above any required fees charged
for recording or providing a certified copy of a marriage license
or birth certificate.  Moneys collected will be deposited into
the housing resource commission fund to assist homeless families
and provide financial assistance to organizations addressing
homelessness in the county.  The recorder must provide a
check-off box for the donation on any required form (Sections
59.318 and 193.265);

(5)  Requires a surveyor who establishes, restores, or
re-establishes one or more corners to file the results with the
recorder of deeds of the county in which the survey is located
regardless of whether it creates a new parcel of land within 60
days of the survey certification.  Currently, only a land
surveyor who establishes, restores, or re-establishes one or more
corners that create a new parcel of land is required to file the
results (Section 60.650);

(6)  Requires the Office of the State Land Surveyor within the
Department of Natural Resources to establish rules setting
minimum standards for digital cadastral parcel mapping.  Any map
designed and used to reflect legal property descriptions or
boundaries for use in a digital cadastral mapping system must
comply with the rules established by the office with certain
exceptions.  The substitute also adds the determination of land
boundaries and positions of the United States Public Land Survey
System and the creation, preparation, and modification of
electronic or computerized data to the list of work or services
that a professional land surveyor can perform (Sections 60.670
and 327.272);

(7)  Authorizes the City of Jefferson City to impose, upon voter
approval, a transient guest tax of up to 7% per occupied room per
night for promoting the city as a convention, visitor, and
tourist center.  Currently, the city is allowed to impose a tax
of up to 5% per occupied room per night (Section 67.1000);

(8)  Authorizes the City of Excelsior Springs to impose, upon
voter approval, a transient guest tax of up to 5% per occupied
room per night for the promotion of tourism (Section 67.1003);

(9)  Authorizes Carter County to impose, upon voter approval, a
transient guest tax of up to 5% per occupied room per night with
50% of the proceeds to be used to fund county law enforcement and
50% to be used for the promotion of tourism (Section 67.1018);

(10)  Authorizes the cities of Ashland, Brentwood, and Sugar
Creek and Montgomery County to impose, upon voter approval, a
transient guest tax between 2% and 5% per occupied room per night
for the promotion of tourism.  Motels in the City of Sugar Creek
that are owned by not-for-profit organizations are exempt from
this provision (Sections 67.1360 and 94.834);

(11)  Allows the City of St. Joseph and Buchanan County to also
use the revenue from its transient guest tax for capital
expenditures incurred in funding the promotion of tourism and
convention facilities and to contract with one another to share
the tax revenues for the purpose of promoting tourism and the
construction, maintenance, and improvement of convention center
and recreational facilities (Sections 67.1361 and 70.220);

(12)  Authorizes real property owners in the Cameron School
District located in the counties of Caldwell, Clinton, Daviess,
and DeKalb, upon voter approval, to establish an exhibition
center and recreational facility district and to impose a
one-quarter of 1% sales tax for a period of up to 25 years to
fund the district (Section 67.2000);

(13)  Authorizes the governing body of any county, city,
incorporated town, or village to engage in projects involving a
technology business facility which is a facility located in an
underground mine with at least two million square feet of space
used for data processing, hosting, and related services or
Internet publishing and broadcasting and web search portals
(Section 67.2050);

(14)  Makes it lawful for Caldwell County to enter into a
contract with private corporations engaged in pumping and
delivering water at wholesale for domestic consumption.  The
county may also acquire, own, and hold, with private
corporations, water mains or interests in water mains to secure
an adequate supply of water for its inhabitants (Section
67.3025);

(15)  Prohibits the City of Byrnes Mill from annexing any
property adjacent to the city if there are no registered voters
residing on the property unless the city has obtained the written
consent of all the property owners in the adjacent property
(Section 79.025);

(16)  Prohibits third class cities from imposing a storm water
usage fee based on the runoff rate on property owned by any
church, public school, nonprofit organization, or political
subdivision (Section 88.832);

(17)  Authorizes the City of Grandview to impose, upon voter
approval, a transient guest tax of up to 5% per occupied room per
night for the promotion of tourism (Section 94.271);

(18)  Specifies that the combined rate of sales taxes adopted
under the city sales tax law cannot exceed 2%.  This change is
not to be construed as a new tax or an increase in the current
levy of an existing tax for the purpose of Article X, Section 22,
of the Missouri Constitution, commonly known as the Hancock
Amendment, which requires voter approval.  Cities that have
already imposed and collected taxes under the city sales tax law
can continue to do so without voter approval as a continuation of
a tax previously approved by the voters of the city.  Currently,
under the general city sales tax law, cities may impose a sales
tax, upon voter approval, at a rate of one-half of 1%,
seven-eighths of 1%, or 1%; and the City of St. Louis may impose
the tax at a rate not to exceed one and three-eighths percent,
for the benefit of the city.  The substitute also specifies that
the combined rate of sales taxes adopted under the capital
improvement city sales tax law cannot exceed 1%.  This change is
not to be construed as a new tax or an increase in the current
levy of an existing tax for the purpose of the Hancock Amendment
which requires voter approval.  Cities that have already imposed
and collected taxes under the city sales tax law can continue to
do so without voter approval as a continuation of a tax
previously approved by the voters of the city.  Currently, under
the capital improvements city sales tax law, cities not in St.
Louis County may impose a sales tax, upon voter approval, at a
rate of one-eighth, one-fourth, three-eighths, or one-half of 1%
for the purpose of funding, operating, and maintaining capital
improvements.  Municipalities in charter counties are authorized
to impose a capital improvements tax under Section 94.890.
Cities which already impose and collect taxes under the general
city sales tax law or the capital improvements city sales tax law
are prohibited from seeking voter approval to impose a new tax in
addition to any taxes already imposed and collected on August 28,
2010.  Any city which does not already impose and collect a tax
under the general city sales tax law or the capital improvements
city sales tax law as of August 28, 2010, cannot seek voter
approval for the imposition of more than one tax under that law
(Sections 94.510, 94.550, and 94.577);

(19)  Authorizes the City of North Kansas City to impose, upon
voter approval, a transient guest tax of up to 5% per occupied
room per night for funding tourism and infrastructure
improvements (Section 94.832);

(20)  Authorizes the City of Raytown to impose, upon voter
approval, a transient guest tax of up to 5% per occupied room per
night for the promotion, operation, and development of tourism
and convention facilities (Section 94.840);

(21)  Authorizes the City of Van Buren to impose, upon voter
approval, a transient guest tax of up to 5% per occupied room per
night for general revenue purposes (Section 94.845);

(22)  Authorizes the City of Waynesville to impose, upon voter
approval, a transient guest tax of up to 3% per occupied room per
night for the construction, maintenance, and repair of a
multipurpose conference and convention center (Section 94.1011);

(23)  Authorizes an annual tax credit for up to 10 years if
approved by the Department of Economic Development to a taxpayer
who establishes a new business facility in a certified industrial
zone approved or designated as an enhanced enterprise zone and
meets certain specified investment and employment requirements.
A taxpayer who receives this tax credit cannot also receive tax
credits from the new or expanded business facilities, enterprise
zones, relocating a business to a distressed community, or
Missouri Quality Jobs programs (Sections 135.950 - 135.969);

(24)  Requires certain commercial vehicles powered only by
battery-generated electrical energy and produced before
January 1, 2014, to be assessed at 17% of their true value in
money and exempts those commercial vehicles from state and local
sales and use taxes (Sections 137.115 and 144.055);

(25)  Authorizes a state and local sales and use tax exemption
for all machinery, equipment, computers, electrical energy, gas,
water, and other utilities including telecommunication services
used in new and existing data storage centers and server farm
facilities.  An exemption is also authorized for the purchase of
tangible personal property for the construction, repair, or
remodeling of a new data storage center or server farm facility.
The departments of Economic Development and Revenue are
authorized to conduct random audits to ensure compliance with the
requirements for state and local sales and use tax exemptions
authorized under the substitute (Section 144.810);

(26)  Changes the due date that the librarian of a consolidated
public library district is required to submit an annual status
report to the district board from August 31 to September 30 and
the date that the board is required to submit this report and an
independent audit to the county commission and the Missouri State
Library from September 30 to October 31 of each year (Section
182.647);

(27)  Requires the state, if it would otherwise be liable for
costs, to reimburse counties for housing prisoners on its behalf
upon the final disposition of the case, regardless of whether the
imposition or execution of a sentence is suspended or imposed.
Amounts chargeable to the state under these provisions are
subject to appropriations (Section 221.105);

(28)  Allows for a special license plate for members of the
National Wild Turkey Federation (Section 301.4010);

(29)  Requires a person applying for an original certificate of
ownership for an all-terrain vehicle or a recreational
off-highway vehicle to provide certain information in an
affidavit.  Beginning January 1, 2011, a nonresident is required
to obtain and display an annual permit from the Department of
Natural Resources or to display a valid highway license on the
off-highway vehicle to operate it in Missouri.  The cost of the
permit will be $20.  Anyone violating this provision will be
guilty of an infraction (Sections 301.4015 - 301.4029);

(30)  Establishes procedures for the sale of water or sewer
systems of a small water utility to a large public water utility
(Section 393.320);

(31)  Prohibits an action to recover damages from a person
performing a land survey for errors or omissions in the survey,
except in the case of fraud, from being more than 10 years from
the completion of the survey.  Currently, the action is
prohibited more than five years after the discovery of the error
or omission (Section 516.098);

(32)  Specifies that when three or more political subdivisions of
the state form a business entity for the purpose of providing
liability and other insurance, including public and quasi-public
governmental bodies, the risk coverages procured by a member of
the entity will not be deemed to constitute a contract, purchase,
or expenditure of public funds for which competitive bids must be
solicited (Section 537.620);

(33)  Extends the public notice requirements of the Clean Water
Commission when listing any impaired waters of the state under
Section 303(d) of the federal Clean Water Act from August 28,
2010, to August 28, 2012.  The commission's authority to charge
fees for construction permits, operating permits, and operator's
certifications related to water pollution control is extended
from December 31, 2010, to December 31, 2012.  The provision
regarding a joint committee to review proposals for the
restructuring of fees, storm water programs, and the state's
implementation of the federal Clean Water Program is repealed
(Sections 644.036 and 644.054); and

(34)  Authorizes the Governor to convey state property in St.
Francois County to the City of Farmington (Section 1).

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown -
could exceed $63,561 in FY 2011, Unknown - could exceed $71,751
in FY 2012, and Unknown - could exceed $73,903 in FY 2013.
Estimated Cost on Other State Funds of Unknown in FY 2011, FY
2012, and FY 2013.

PROPONENTS:  Supporters say that the bill is necessary to help
the school district pay for recreational facilities.

Testifying for the bill was Senator Lager.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm