HOUSE BILL NO. 1580 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ANDERSON.
3216H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 67.1461, RSMo, and section 67.1421 as enacted by house bill no. 1606, one hundred first general assembly, second regular session, and section 67.1421 as enacted by senate bills nos. 153 & 97, one hundred first general assembly, first regular session, and to enact in lieu thereof three new sections relating to an entertainment district.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 67.1461, RSMo, and section 67.1421 as enacted by house bill no. 2 1606, one hundred first general assembly, second regular session, and section 67.1421 as 3 enacted by senate bills nos. 153 & 97, one hundred first general assembly, first regular 4 session, are repealed and three new sections enacted in lieu thereof, to be known as sections 5 67.1421, 67.1461, and 67.1505, to read as follows: [67.1421. 1. Upon receipt of a proper petition filed with its municipal 2 clerk, the governing body of the municipality in which the proposed district is 3 located shall hold a public hearing in accordance with section 67.1431 and 4 may adopt an ordinance to establish the proposed district. 5 2. A petition is proper if, based on the tax records of the county clerk, 6 or the collector of revenue if the district is located in a city not within a county, 7 as of the time of filing the petition with the municipal clerk, it meets the 8 following requirements: 9 (1) It has been signed by property owners collectively owning more 10 than fifty percent by assessed value of the real property within the boundaries 11 of the proposed district; 12 (2) It has been signed by more than fifty percent per capita of all 13 owners of real property within the boundaries of the proposed district; and 14 (3) It contains the following information:
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 1580 2
15 (a) The legal description of the proposed district, including a map 16 illustrating the district boundaries; 17 (b) The name of the proposed district; 18 (c) A notice that the signatures of the signers may not be withdrawn 19 later than seven days after the petition is filed with the municipal clerk; 20 (d) A five-year plan stating a description of the purposes of the 21 proposed district, the services it will provide, each improvement it will make 22 from the list of allowable improvements under section 67.1461, an estimate of 23 the costs of these services and improvements to be incurred, the anticipated 24 sources of funds to pay the costs, and the anticipated term of the sources of 25 funds to pay the costs; 26 (e) A statement as to whether the district will be a political subdivision 27 or a not-for-profit corporation and if it is to be a not-for-profit corporation, the 28 name of the not-for-profit corporation; 29 (f) If the district is to be a political subdivision, a statement as to 30 whether the district will be governed by a board elected by the district or 31 whether the board will be appointed by the municipality, and, if the board is to 32 be elected by the district, the names and terms of the initial board may be 33 stated; 34 (g) If the district is to be a political subdivision, the number of 35 directors to serve on the board; 36 (h) The total assessed value of all real property within the proposed 37 district; 38 (i) A statement as to whether the petitioners are seeking a 39 determination that the proposed district, or any legally described portion 40 thereof, is a blighted area; 41 (j) The proposed length of time for the existence of the district, which 42 in the case of districts established after August 28, 2021, shall not exceed 43 twenty-seven years from the adoption of the ordinance establishing the district 44 unless the municipality extends the length of time under section 67.1481; 45 (k) The maximum rates of real property taxes, and, business license 46 taxes in the county seat of a county of the first classification without a charter 47 form of government containing a population of at least two hundred thousand, 48 that may be submitted to the qualified voters for approval; 49 (l) The maximum rates of special assessments and respective methods 50 of assessment that may be proposed by petition; 51 (m) The limitations, if any, on the borrowing capacity of the district; 52 (n) The limitations, if any, on the revenue generation of the district; 53 (o) Other limitations, if any, on the powers of the district; 54 (p) A request that the district be established; and 55 (q) Any other items the petitioners deem appropriate; 56 (4) The signature block for each real property owner signing the 57 petition shall be in substantially the following form and contain the following 58 information: 59 Name of owner: ______ 60 Owner's telephone number and mailing address: ______ 61 If signer is different from owner: HB 1580 3
62 Name of signer: ______ 63 State basis of legal authority to sign: ______ 64 Signer's telephone number and mailing address: ______ 65 If the owner is an individual, state if owner is single or married: _____ 66 If owner is not an individual, state what type of entity: ______ 67 Map and parcel number and assessed value of each tract of real 68 property within the proposed district owned: ______ 69 By executing this petition, the undersigned represents and warrants that 70 he or she is authorized to execute this petition on behalf of the property 71 owner named immediately above 72 ________________ ________________ 73 __ __ 74 Signature of person Date 75 signing for owner 76 STATE OF MISSOURI ) 77 ) ss. 78 COUNTY OF ______ ) 79 Before me personally appeared ______, to me personally known to be 80 the individual described in and who executed the foregoing instrument. 81 WITNESS my hand and official seal this ______ day of ______ 82 (month), ______ (year). 83 _____________________________ 84 Notary Public 85 My Commission Expires: ______ ; and 86 (5) Alternatively, the governing body of any home rule city with more 87 than four hundred thousand inhabitants and located in more than one county 88 may file a petition to initiate the process to establish a district in the portion of 89 the city located in any county of the first classification with more than two 90 hundred thousand but fewer than two hundred sixty thousand inhabitants 91 containing the information required in subdivision (3) of this subsection; 92 provided that the only funding methods for the services and improvements will 93 be a real property tax. 94 3. Upon receipt of a petition the municipal clerk shall, within a 95 reasonable time not to exceed ninety days after receipt of the petition, review 96 and determine whether the petition substantially complies with the 97 requirements of subsection 2 of this section. In the event the municipal 98 clerk receives a petition which does not meet the requirements of subsection 2 99 of this section, the municipal clerk shall, within a reasonable time, return the 100 petition to the submitting party by hand delivery, first class mail, postage 101 prepaid or other efficient means of return and shall specify which requirements 102 have not been met. HB 1580 4
103 4. After the close of the public hearing required pursuant to subsection 104 1 of this section, the governing body of the municipality may adopt an 105 ordinance approving the petition and establishing a district as set forth in the 106 petition and may determine, if requested in the petition, whether the district, or 107 any legally described portion thereof, constitutes a blighted area. If the 108 petition was filed by the governing body of a municipality pursuant to 109 subdivision (5) of subsection 2 of this section, after the close of the public 110 hearing required pursuant to subsection 1 of this section, the petition may be 111 approved by the governing body and an election shall be called pursuant to 112 section 67.1422. 113 5. Amendments to a petition may be made which do not change the 114 proposed boundaries of the proposed district if an amended petition meeting 115 the requirements of subsection 2 of this section is filed with the municipal 116 clerk at the following times and the following requirements have been met: 117 (1) At any time prior to the close of the public hearing required 118 pursuant to subsection 1 of this section; provided that, notice of the contents of 119 the amended petition is given at the public hearing; 120 (2) At any time after the public hearing and prior to the adoption of an 121 ordinance establishing the proposed district; provided that, notice of the 122 amendments to the petition is given by publishing the notice in a newspaper of 123 general circulation within the municipality and by sending the notice via 124 registered certified United States mail with a return receipt attached to the 125 address of record of each owner of record of real property within the 126 boundaries of the proposed district per the tax records of the county clerk, or 127 the collector of revenue if the district is located in a city not within a county. 128 Such notice shall be published and mailed not less than ten days prior to the 129 adoption of the ordinance establishing the district. Such notice shall also be 130 sent to the Missouri department of revenue, which shall publish such notice on 131 its website; 132 (3) At any time after the adoption of any ordinance establishing the 133 district a public hearing on the amended petition is held and notice of the 134 public hearing is given in the manner provided in section 67.1431 and the 135 governing body of the municipality in which the district is located adopts an 136 ordinance approving the amended petition after the public hearing is held. 137 6. Upon the creation of a district, the municipal clerk shall report in 138 writing the creation of such district to the Missouri department of economic 139 development and the state auditor. 140 7. (1) The governing body of the municipality or county establishing a 141 district or the governing body of such district shall, as soon as is practicable, 142 submit the following information to the state auditor and the department of 143 revenue: 144 (a) A description of the boundaries of such district as well as the rate 145 of property tax or sales tax levied in such district; 146 (b) Any amendments made to the boundaries of a district or the tax 147 rates levied in such district; and 148 (c) The date on which the district is to expire unless sooner terminated. 149 (2) The governing body of a community improvement district 150 established on or after August 28, 2022, shall not order any assessment to be HB 1580 5
151 made on any real property located within a district and shall not levy any 152 property or sales tax until the information required by paragraph (a) of 153 subdivision (1) of this subsection has been submitted.] 67.1421. 1. Upon receipt of a proper petition filed with its municipal clerk, the 2 governing body of the municipality in which the proposed district is located shall hold a 3 public hearing in accordance with section 67.1431 and may adopt an ordinance to establish 4 the proposed district. 5 2. A petition is proper if, based on the tax records of the county clerk, or the collector 6 of revenue if the district is located in a city not within a county, as of the time of filing the 7 petition with the municipal clerk, it meets the following requirements: 8 (1) It has been signed by property owners collectively owning more than fifty percent 9 by assessed value of the real property within the boundaries of the proposed district; 10 (2) It has been signed by more than fifty percent per capita of all owners of real 11 property within the boundaries of the proposed district; and 12 (3) It contains the following information: 13 (a) The legal description of the proposed district, including a map illustrating the 14 district boundaries; 15 (b) The name of the proposed district; 16 (c) A notice that the signatures of the signers may not be withdrawn later than seven 17 days after the petition is filed with the municipal clerk; 18 (d) A five-year plan stating a description of the purposes of the proposed district, the 19 services it will provide, each improvement it will make from the list of allowable 20 improvements under section 67.1461, an estimate of the costs of these services and 21 improvements to be incurred, the anticipated sources of funds to pay the costs, and the 22 anticipated term of the sources of funds to pay the costs; 23 (e) A statement as to whether the district will be a political subdivision or a not-for- 24 profit corporation and if it is to be a not-for-profit corporation, the name of the not-for-profit 25 corporation; 26 (f) If the district is to be a political subdivision, a statement as to whether the district 27 will be governed by a board elected by the district or whether the board will be appointed by 28 the municipality, and, if the board is to be elected by the district, the names and terms of the 29 initial board may be stated; 30 (g) If the district is to be a political subdivision, the number of directors to serve on 31 the board; 32 (h) The total assessed value of all real property within the proposed district; 33 (i) A statement as to whether the petitioners are seeking a determination that the 34 proposed district, or any legally described portion thereof, is a blighted area; HB 1580 6
35 (j) The proposed length of time for the existence of the district, which in the case of 36 districts established after August 28, 2021, shall not exceed twenty-seven years from the 37 adoption of the ordinance establishing the district unless the municipality extends the length 38 of time under section 67.1481; 39 (k) The maximum rates of real property taxes, and, business license taxes in the 40 county seat of a county of the first classification without a charter form of government 41 containing a population of at least two hundred thousand, that may be submitted to the 42 qualified voters for approval; 43 (l) The maximum rates of special assessments and respective methods of assessment 44 that may be proposed by petition; 45 (m) The limitations, if any, on the borrowing capacity of the district; 46 (n) The limitations, if any, on the revenue generation of the district; 47 (o) Other limitations, if any, on the powers of the district; 48 (p) A request that the district be established; and 49 (q) Any other items the petitioners deem appropriate; 50 (4) The signature block for each real property owner signing the petition shall be in 51 substantially the following form and contain the following information: 52 Name of owner: ______ 53 Owner's telephone number and mailing address: ______ 54 If signer is different from owner: 55 Name of signer: ______ 56 State basis of legal authority to sign: ______ 57 Signer's telephone number and mailing address: ______ 58 If the owner is an individual, state if owner is single or married: _____ 59 If owner is not an individual, state what type of entity: ______ 60 Map and parcel number and assessed value of each tract of real 61 property within the proposed district owned: ______ 62 By executing this petition, the undersigned represents and warrants that 63 he or she is authorized to execute this petition on behalf of the property 64 owner named immediately above 65 __________________ __________________ 66 Signature of person Date 67 signing for owner 68 STATE OF MISSOURI ) 69 ) ss. 70 COUNTY OF ______ ) HB 1580 7
71 Before me personally appeared ______, to me personally known to be 72 the individual described in and who executed the foregoing instrument. 73 WITNESS my hand and official seal this ______ day of ______ 74 (month), ______ (year). 75 ____________________________ 76 __ 77 Notary Public 78 My Commission Expires: ______ ; [and] 79 (5) Alternatively, the governing body of any home rule city with more than four 80 hundred thousand inhabitants and located in more than one county may file a petition to 81 initiate the process to establish a district in the portion of the city located in any county of the 82 first