Local Government Law
HB 1336 – Establishes procedures for the incorporation of cities. Removes villages from a certain incorporation procedure for cities and towns and increases the threshold number of signatures required on a petition to incorporate from 15% of the registered voters to 15% of the votes cast in the last gubernatorial election in the area proposed to be incorporated.
HB 1337 – Disincorporation of villages. Gives the county governing body of each county the power to disincorporate any village that was incorporated after August 28, 2007, whether under the provisions of this chapter or under the provisions of chapter 72, RSMo, without a vote of the power under specified circumstances.
HB 1346 – Missouri Taxpayer and Citizen Protection Act. (See Immigration Law)
HB 1366 – Certificate of value for conveyance of real property. Requires that a certificate of value containing the actual amount of consideration or reasonable estimate of the true current market value and a statement of actual or intended use of property be filed with the assessor before the recorder of deeds can accept the filing of any document by which any lands or other interest in real property are conveyed to the purchaser or any other person. Certain exemptions from the requirements and penalties for violations are specified.
HB 1376 – The Missouri Universal Red Light Enforcement Act. Establishes the Missouri Universal Red Light Enforcement Act which allows various political entities to establish automated photo red light enforcement systems to detect red light signal violations.
HB 1378 – Tax increment financing. Establishes additional tax increment financing guidelines.
HB 1395 – Local sanctuary policies for illegal aliens. (See Immigration Law)
HB 1440 – Sunshine law training for public officials. (See State Government and Election Law)
HB 1470 – Revenues from moving traffic violations. Reduces from 45% to 35% the percentage of its total annual revenue a city, town, or village can receive from fines for traffic violations and requires the excess revenue be sent to the department revenue in a timely manner as determined by the department.
HB 1517 – Andrew Jackson Vote Restoration Act. Establishes the Andrew Jackson Vote Restoration Act which requires elections for candidates in all nonpartisan local elections if the number of candidates filing for a position is equal to the number of positions available.
HB 1526 – Nonpartisan local elections. Allows candidates for nonpartisan elections in municipalities to take office without an election if the number of candidates for a position is equal to the number of positions to be filled.
HB 1607 – Incorporation of cities. Removes villages from a certain incorporation procedure for cities and towns and increases the threshold number of signatures required on a petition to incorporate from 15% of the registered voters to 15% of the votes cast in the last gubernatorial election in the area proposed to be incorporated. Dissolves any village that was incorporated under Section 72.080, RSMo, between August 28, 2007, and the effective date of the bill.
HB 1660 – Missouri Voluntary Developer Agreement Law. Establishes the Missouri Voluntary Developer Agreement Law.
(1) Allows each municipality or county to establish a Missouri job creation commission which will only be able to conduct business if it is approved by the governing body by order or ordinance.
(2) Prohibits this law from being used for any residential development project if the taxes that normally go to the school district will be used to finance the project without the consent of all the school boards of all the school districts located in the area of the project.
(3) Prohibits this law from being used in conjunction with any other redevelopment program authorized under Chapter 99, RSMo.
(4) Specifies the board of commissioner’s membership and powers.
(5) Specifies the items which must be included in a development plan and the findings which must be made for a municipality or county to adopt the plan including a cost-benefit analysis of the economic impact the development plan will have on the municipality, county, and school districts that are within the development area.
(6) Prohibits the development plan from including the initial development or redevelopment of a gambling establishment.
(7) Requires the development project to be completed and all debts retired within 25 years.
(8) Specifies the requirements for public hearings related to the project, the manner in which obligations may be issued and retired, and how property taxes will be allocated during the time period development financing is undertaken.
HB 1663 – Open Meetings Law. Changes the standard for violation of the Open Meetings Law, commonly known as the Sunshine Law, by a governmental body from knowingly to negligently.
HB 1694 – Property taxation. Changes numerous laws regarding property taxation.
(1) Requires the circuit court clerk to send the county collector a notice when a taxpayer timely files an appeal seeking exemption of a final decision of the local board of equalization. The notice must contain the taxpayer’s name, the case number assigned by the court, and the parcel or locator number of the property being appealed. The notice to the collector must state that the taxes in dispute are to be impounded.
(2) Requires the commission to send the county collector a notice of appeal when a taxpayer timely files an appeal. The notice must contain the taxpayer’s name, the appeal number assigned by the commission, the assessed value provided to the local board of equalization, and the assessed value proposed by the taxpayer, if the values are available to the commission when the appeal is filed. The notice must also specifically state that the taxes in dispute are to be impounded and if the notice is filed in an odd-numbered year, it will serve as notice to the collector to impound taxes for the following even- numbered year if no decision has been rendered in the appeal.
(3) Relieves a taxpayer from the requirement of filing a statement of protest if the taxpayer filed an appeal from a local board of equalization to the commission or circuit court.
(4) Changes several other provisions of law regarding the notification of appeal of assessment and the impounding, investment, and refund of protested tax payments.
(5) Repeals the requirement that the commission notify each school district of the equivalent sales ratio for the previous year which was adopted to determine the equalized assessed valuation of the property and the equalized operating levy of the school district for distributions under the old school foundation formula.
HB 1740 (See also HB 1755, SB 825 and SB 897) – Missouri Housing Trust Fund. Increases the fee collected by each recorder to be deposited into the Missouri Housing Trust Fund from $3 to $10.
HB 1772 – Automated traffic control devices. (See Criminal Law)
HB 1832 – Missouri County Planning Act. Establishes the Missouri County Planning Act.
(1) Allows for the establishment of a county planning commission comprised of appointed members to prepare a comprehensive plan for the county. The planning commission may be established either directly by the county commission or by voter petition and approval.
(2) Specifies the powers and duties of the planning commission.
(3) Specifies the elements of the comprehensive plan and the procedures for its consideration, hearing, and adoption by the planning commission and the county commission.
(4) Authorizes the planning commission to recommend subdivision regulations after a public hearing and authorizes the county commission to adopt the regulations.
(5) Authorizes the planning commission to adopt a major street plan for all unincorporated areas of the county in accordance with the transportation element of the comprehensive plan.
(6) Authorizes the planning commission to recommend zoning regulations for all unincorporated areas of the county in accordance with the comprehensive plan after a public hearing and authorizes the county commission to adopt the regulations upon voter approval.
(7) Requires counties that have adopted zoning regulations under the bill to appoint a county board of zoning adjustment to hear and decide appeals of zoning decisions and applications for variances. The hearing and appeal procedures are specified.
(8) Specifies that violations of any regulations adopted under the bill are misdemeanors and authorizes certain counties to impose fines for these violations.
(9) Authorizes the grandfathering of actual lawful uses of property in existence on August 28, 2008.
(10) Authorizes counties to enter into cooperative agreements with public or private entities for the exercise and performance of the established planning powers, duties, and functions.
(11) Specifies that nothing contained in the bill will affect the existence or validity of a county ordinance or order adopted prior to August 28, 2008.
HB 1853 – Audio recording of closed meetings. Requires any public governmental body to make and retain a verbatim audio recording of any closed meeting.
HB 1865 – Tax increment financing projects. For all tax increment financing (TIF) redevelopment plans and projects, including housing units, adopted or approved by ordinance after December 31, 2008, requires that 16% of payments in lieu of taxes deposited into the Special Allocation Fund be transferred into the newly created Affordable Housing Fund. The housing fund will be administered by the municipality’s TIF commission and will provide low-interest loans and grants within the municipality for affordable housing units for a low-income project.
SB 729 – Missouri county planning act. Creates the Missouri County Planning Act. Allows any county to create, adopt, amend, and carry out a county plan and may establish and appoint a planning commission. Provides that the planning commission shall have various powers, including preparing and reviewing comprehensive plans, recommending regulations, reviewing plat applications, public improvements for accordance with the comprehensive plan, and zoning regulations, appointing employees, other powers delegated to it by the county commission. Enumerates procedures for the development of property within the county including zoning and the subdivision of land.
SB 765 – Incorporation of municipalities. Repeals the provisions in Section 72.080, RSMo, which allow villages to incorporate in an alternative way rather than requiring a petition by two-thirds of the taxable inhabitants that is approved by the county commission, as is required by Section 80.020, RSMo. Any village incorporated under the provisions of this section after August 28, 2007 and prior to the effective date shall be deemed disincorporated.
SB 886 – Dangerous dogs. (See Agricultural/Animal Law)
SB 892 – Automated photo red light enforcement systems. Prohibits a local government from using an automated photo red light enforcement system at intersections unless the traffic control signal is also equipped with a device that displays the numerical time remaining before the traffic control signal will display a red signal.
SB 905 – Regional Railroad Authorities Act. Establishes the “Regional Railroad Authorities Act” to provide for the preservation, improvement, and the continuation of rail service for agriculture, industry, or passenger traffic and to provide for the preservation of railroad right-of-way for transportation uses, when determined to be practicable and necessary for the public welfare. Allows every municipality or county within this state to form a regional railroad authority. Establishes procedures for the organization, adoption and dissolution of such authority, and details the powers or such authority.
SB 1005 – Uniform Planned Community Act. (See Property Law)
SB 1012 – Duty Free Zone Act. Allows the governing bodies of any city in this state to designate duty free zones within such city and grant such areas tax favored status for a term not to exceed twenty-three years. Defines tax favored status as a reduction to or elimination of the rate of tax on transactions imposed under Missouri’s sales and use tax laws. Allows duty free zones to only be established in blighted areas located within qualified census tracts. Creates procedures for the adoption of ordinances designating an area a duty free zone.
SB 1020 – Streamlined sales and use tax agreement. (See Taxation Law)
SB 1023 – School board members. (See Education Law)
SB 1033 – Water and sewer line easements. (See Property Law)