HOUSE BILL NO. 1306 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HALES.
2730H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 249.422, RSMo, and to enact in lieu thereof one new section relating to lateral sewer service line repair fees.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 249.422, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 249.422, to read as follows: 249.422. 1. If approved by a majority of the voters voting on the proposal, any city, 2 town, village or county on behalf of the unincorporated area, located either within the 3 boundaries of a sewer district established pursuant to Article VI, Section 30(a) of the 4 Missouri Constitution or within any county of the first classification having a charter form of 5 government with a population of more than two hundred ten thousand inhabitants but less 6 than three hundred thousand inhabitants, may by city, town, village or county ordinance levy 7 and impose annually for the repair of lateral sewer service lines on or connecting residential 8 property having six or less dwelling units a fee not to exceed [fifty] one hundred dollars per 9 year. Any city, town, village, or county that establishes or increases the fee used to repair any 10 portion of the lateral sewer service line shall include all defective portions of the lateral sewer 11 service line from the residential structure to its connection with the public sewer system line. 12 Notwithstanding any provision of chapter 448, the fee imposed pursuant to this chapter shall 13 be imposed upon condominiums that have six or less condominium units per building and 14 each condominium unit shall be responsible for its proportionate share of any fee charged 15 pursuant to this chapter, and in addition, any condominium unit shall, if determined to be 16 responsible for and served by its own individual lateral sewer line, be treated as an individual 17 residence regardless of the number of units in the development. It shall be the responsibility
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1306 2
18 of the condominium owner or condominium association who are of the opinion that they are 19 not properly classified as provided in this section to notify the county office administering the 20 program. Where an existing sewer lateral program was in effect prior to August 28, 2003, 21 condominium and apartment units not previously enrolled may be ineligible for enrollment if 22 it is determined that the sewer lateral serving the unit is defective. 23 2. The question shall be submitted in substantially the following form: 24 Shall a maximum charge not to exceed [fifty] one hundred dollars be 25 assessed annually on residential property for each lateral sewer service 26 line serving six or less dwelling units on that property and 27 condominiums that have six or less condominium units per building 28 and any condominium responsible for its own individual lateral sewer 29 line to provide funds to pay the cost of certain repairs of those lateral 30 sewer service lines which may be billed quarterly or annually? 31 ☐ Yes ☐ No 32 3. If a majority of the voters voting thereon approve the proposal provided for in 33 subsection 2 of this section, the governing body of the city, town, village or county may enact 34 an ordinance for the collection and administration of such fee in order to protect the public 35 health, welfare, peace and safety. The funds collected pursuant to such ordinance shall be 36 deposited in a special account to be used solely for the purpose of paying for all or a portion 37 of the costs reasonably associated with and necessary to administer and carry out the 38 defective lateral sewer service line repairs. All interest generated on deposited funds shall be 39 accrued to the special account established for the repair of lateral sewer service lines. ✔
Statutes affected: