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Property Law

HB 56 — Memorial Bridge and Highways. Designates a memorial bridge and several memorial highways. (Signed 6/19/07)

HB 268 — Conveyance in Callaway County. (See Local Government Law)

SS SCS HCS HB 327 — Economic Development. Changes the laws regarding economic development programs. Includes provisions relating to:

(1) Establishment of a Hunting Heritage Protection Areas Act;

(2) Tax Increment Financing;

(3) Distressed Areas Land Assemblage Tax Credit Act;

(4) Small Business Investment Tax Credits;

(5) Tax Credits;

(6) Enhanced Enterprise Zone Program;

(7) Missouri Homestead Preservation Act;

(8) Tax Credits, Deductions, and Exemptions for Alternative Fuels;

(9) Tax Exemptions;

(10) Establishing Nexus for the Purposes of Taxation;

(11) Vocational School Districts;

(12) New Jobs Training Program;

(13) Family Development Account Program;

(14) Transportation Development Districts;

(15) Regional Railroad Authorities Act;

(16) Missouri Workforce Investment Board;

(17) Quality Jobs Program;

(18) Small Business and Entrepreneurial Growth Act; and

(19) Ticket Sales and Scalping. (Vetoed 7/6/07)

HCS HB 459 — Municipal Land Transfers. This bill adds county assessors to the list of county officials who must receive certified copies of the ordinances effecting a concurrent detachment and annexation of property between municipalities. (Signed 6/13/07)

HB 467 — Conveyance in Pettis County. Authorizes the Governor to convey state property located in Pettis County to the Girl Scouts - Heart of Missouri Council, Incorporated.

The bill contains an emergency clause. (Signed 5/31/07)

HCS HB 616 — County Boards of Equalization. (See Local Government Law)

HCS HB 654 & 938 — Veterans’ Programs, the Stolen Valor Act, and Property Tax Exemptions. (See Military/Veterans Law)

SCS HB 684 — Conveyances of Property. Authorizes the Governor to convey state property located in the City of St. Louis and the counties of Greene, Jackson, Livingston, Newton, St. Francois, St. Louis, and Texas.

The bill contains an emergency clause. (Signed 6/13/07)

HB 732 — Memorial Highway and Bridge Designations. (See State Government Law)

SS SCS HB 740 — Conveyances in Johnson and Nodaway Counties. (See State Government Law)

HCS SCS SB 54 — Renewable Energy and Environmental Regulations. (See Environmental/Energy Law)

SCS SB 66 — Insurance. (See Insurance Law)

CCS HCS SCS SB 82 — Motor Vehicles. (See Motor Vehicle Law)

SB 162 — Claims For Income Tax Refunds. (See Taxation Law)

SB 166 — Time-Share Promotional Program Notifications. Requires all information regarding promotional programs used to advertise, solicit, or sell any time-share period, plan, or property to be provided in writing, including electronically, to prospective buyers within a reasonable period of time prior to any scheduled sales presentation. (Signed 5/31/07)

HCS SCS SB 198 — Use of Lands. Authorizes the Director of the Department of Natural Resources to enter into cooperative agreements with private, not-for-profit organizations to reimburse the department for the actual costs of providing state park facility space and incidental staff support.

The crime of distribution of a controlled substance near a park when a person unlawfully distributes or delivers heroin, cocaine, LSD, amphetamine, or methamphetamine to another individual within 1,000 feet of a public, private, state, county, or municipal park is created. The crime will be a class A felony.

The bill also specifies that all historic shipwreck materials and other objects that have historic or archaeological value and have been abandoned on lands beneath navigable waters belong to the state and will be administered and protected by the Office of State Historic Preservation within the department. Any application for the approval of regulated activities at a historic shipwreck site will include authorized written permission from any affected landowner allowing access both to and from sites on the property and any ground-disturbing activities on the property.

Individuals are prohibited from fishing, hunting, trapping, or retrieving wildlife from private land without the permission of the owner or lessee of the property. Any person who knowingly does so will be guilty of a class B misdemeanor and may lose his or her license to fish, hunt, or trap for one year from the date of the conviction.

Any person who is engaged in the retrieval of wildlife from private land with the permission of the landowner and intentionally drives or flushes large or small game toward other hunters located on other parcels of land or intentionally discharges a firearm at large or small game that originates from private land during the retrieval will be guilty of a class B misdemeanor. (Signed 7/13/07)

SS SCS SB 225 — Hunting Heritage Protection Areas Act. Establishes the Hunting Heritage Protection Areas Act which specifies that, subject to all applicable state, federal, and local laws in effect as of the effective date of the bill, the discharge of a firearm for hunting, sport, and all other lawful purposes will not be prohibited in specified protected areas. Protected areas will include all land located within the 100-year flood plain of the Missouri and Mississippi rivers as designated by the Federal Emergency Management Agency.

Areas exempt from the provisions of the bill are specified.

New tax increment financing (TIF) projects are prohibited after the effective date of the bill, except for:

(1) Improving existing flood or drainage protection; and

(2) Constructing or operating a renewable fuel production facility if no new development occurs as a result of the project.

TIF projects or districts approved prior to the effective date of the bill are allowed to make certain modifications. (Signed 7/3/07)

HCS SCS SB 272 — Professional Registration. (See Licensing Law)

HCS SS SCS SB 284 — Video Service Regulations. (See Commercial Law)

HCS SCS SB 288, SB 152 & SCS SB 115 — Conveyances of Property. Authorizes the Governor to convey state property located in the City of St. Louis and various counties.

The bill contains an emergency clause. (Signed 6/8/07)

SCS SB 302 — Statutory Liens Against Real Estate. Revises the definition of “commercial real estate” by removing real estate on which no buildings or structures are located and explicitly specifies that commercial real estate will include any unimproved real estate of any zoning classification, other than agricultural or horticultural real estate, being purchased for development or subdivision.

The six-month statute of limitations for filing a lien will apply to the labor portion regarding the use of rental equipment while the 60-day time frame will apply to the rental equipment value. The five-day written notice requirement for a lien on the use of rental equipment will not apply to the labor provided by the person using the equipment. (Signed 6/27/07)

CCS HCS SB 416 — Adverse Possession of Certain Lands. Prohibits the use of adverse possession to acquire lands belonging to rural electric cooperatives and nonprofit corporations that provide electrical service under Section 394.200, RSMo.

If all parties to a boundary dispute over a water service area or an electrical service area agree to a settlement, the requirement that the Missouri Public Service Commission hold hearings on the territorial dispute is waived. The commission may hold hearings based on complaints filed by any party to a boundary dispute and on its own motion involving applications, complaints, and petitions. (Signed 6/30/07)