HOUSE BILL NO. 1917 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CASTEEL.
4940H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 247, RSMo, by adding thereto two new sections relating to public water supply districts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 247, RSMo, is amended by adding thereto two new sections, to be 2 known as sections 247.181 and 247.229, to read as follows: 247.181. 1. As an alternative to detachment pursuant to provisions of this 2 chapter, the owners of record of fifty percent or more of the area of any tract of land 3 located within a public water supply district organized under the provisions of sections 4 247.010 to 247.220, and that is not receiving water service from such district, may 5 petition the circuit court of the county in which the territory proposed to be detached is 6 situated for expedited detachment of such territory from the district, and the petitioners 7 shall be entitled to such detachment if the following conditions are satisfied as of the 8 date the petition is filed: 9 (1) No voters reside within the territory proposed to be detached, as shown by 10 the records of the county election authority, as defined in section 115.015; 11 (2) No water lines or other facilities owned or operated by the district are located 12 on or under the territory proposed to be detached; 13 (3) No general obligation bonds of the district are outstanding; and 14 (4) The proposed territory to be detached is located in any county: 15 (a) With a charter form of government;
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 1917 2
16 (b) Within the boundaries of which there are two or more public water supply 17 districts in existence on August 28, 2026, that are organized under the provisions of 18 sections 247.010 to 247.220; and 19 (c) Which is adjacent to a county adjoining a city not located within a county. 20 2. The petition shall include: 21 (1) A legal description of the territory proposed to be detached; 22 (2) An affidavit by the petitioners affirming satisfaction of the conditions set 23 forth in subsection 1 of this section; and 24 (3) A request that the circuit court order detachment pursuant to the provisions 25 of this section. 26 3. On the day a petitioner files the petition in the circuit court pursuant to the 27 provisions of this section, the petitioner shall send, via certified mail, a return receipt 28 requested, a copy of the petition to the district, to the county election authority, the 29 county clerk, and the secretary of state. 30 4. The election authority of the county shall, following receipt of the petition, 31 issue a certificate, dated as of the date of issuance, stating whether the records of the 32 election authority show any voters residing within the territory proposed to be detached. 33 The election authority shall file such issued certificate with the circuit court, and shall 34 serve a copy of such certificate upon the petitioners. The certificate shall be issued by 35 the election authority and filed with the circuit court no later than thirty days following 36 the date on which the election authority receives the petition. If the election authority 37 fails to issue the certificate and file such certificate with the circuit court within such 38 thirty day period, then, for purposes of evaluating whether the conditions set forth in 39 subsection 1 of this section are satisfied, the court shall treat such failure as equivalent to 40 certification that no voters reside within the territory proposed to be detached. The 41 petitioner shall be responsible for payment of the reasonable costs of the election 42 authority for providing such certificate. 43 5. The board of directors of the district shall, following receipt of the petition, 44 file with the circuit court a verification under oath, signed by an authorized officer or 45 agent of the district, stating whether any water lines or other facilities owned or 46 operated by the district are located on or under the territory proposed to be detached 47 and whether the district has any outstanding general obligation bonds as of the time the 48 petition is filed. The district shall also serve a copy of such verification on the 49 petitioners. The verification shall be filed with the court and served upon the petitioners 50 no later than thirty days following the date on which the district receives the petition. If 51 the board of directors fails to file the verification within such thirty day period, for 52 purposes of evaluating whether the conditions set forth in subsection 1 of this section are HB 1917 3
53 satisfied, the court shall treat such failure as equivalent to the verification under oath 54 from the district that no water lines or other facilities owned or operated by the district 55 are located on or under the territory proposed to be detached and that the district has 56 no outstanding general obligation bonds as of the time the petition is filed. The 57 petitioner shall be responsible for payment of the reasonable costs of the district for 58 providing such verification. 59 6. Within sixty days from the filing of the petition or thirty days from the filing 60 of the district's verification or thirty days from the filing of the election authority's 61 certificate, whichever is later, the court shall set a public hearing date on the proposed 62 detachment and the clerk of the circuit court shall give notice of the filing of the petition 63 and the hearing in a newspaper of general circulation in the county in which the 64 proceedings are pending. The notice shall contain a description of the territory 65 proposed to be detached, and shall set forth the date fixed for the hearing on the 66 petition, which shall not be less than seven nor more than twenty-one days after the date 67 of the last publication of the notice and shall be set on a regular judicial day of the court 68 wherein the petition is pending. Such notice shall include a statement that all interested 69 persons shall be given an opportunity to be heard at the public hearing. Such notice 70 shall be signed by the clerk of the circuit court and shall be published in three successive 71 issues of a weekly newspaper or in a daily newspaper once a week for three consecutive 72 weeks. 73 7. At the public hearing, any interested person may file with the court written 74 objections to, or comments on, and may be heard orally with respect to any issues set 75 forth in the notice. The court may hear all protests, objections, comments and other 76 evidence presented at the hearing. 77 8. The court shall thereafter determine if the petition satisfies the conditions set 78 forth in subsection 1 of this section and whether the petitioners are entitled to 79 detachment under this section, or if the petition is defective. If the court determines that 80 the petition satisfies the conditions set forth in subsection 1 of the this section as of the 81 date the petition is filed, the petitioners shall be entitled to detachment under this 82 section and the court shall enter an order detaching the territory described in the 83 petition from the district. The court shall enter such order no later than the one 84 hundred twentieth day after the date on which the petition is filed. The court may make 85 any changes in subdistrict boundary lines as may be necessary to meet the requirements 86 of sections 247.010 to 247.220. Any such changes in subdistrict boundary lines shall not 87 become effective until the next annual election of a member of the board of directors of 88 the district. HB 1917 4
89 9. If the court determines that the petition is defective, it shall dismiss the 90 petition without prejudice. The petition shall not be considered defective based on the 91 fact that the district is a borrower under a federal loan program. 92 10. The petitioner shall bear all costs of the proceedings under this section. 93 11. A certified copy of the court's order detaching the territory shall be filed in 94 the office of the recorder of deeds and in the office of the county clerk in each county in 95 which any of the territory of the district prior to detachment is located, and in the office 96 of the secretary of state, and detachment under this section shall be effective on the first 97 date on which the certified copy of the court's order is filed in each such office. 247.229. 1. If a public water supply district, organized under the provisions set 2 forth in sections 247.010 to 247.220, and pursuant to subsection 7 of this section, has an 3 outstanding debt owed to or guaranteed by the United States government or any agency 4 thereof, the board of directors of such district shall accept any gift, donation, or bequest 5 of money made to the district for its use and benefit, unless acceptance of the gift, 6 donation, or bequest would be in violation of current law, or the fulfillment of the terms 7 of the gift, donation, or bequest are in violation of current law. 8 2. Except as otherwise expressly specified by the donor in writing, any monetary 9 gift, donation, or bequest accepted by the board of directors pursuant to subsection 1 of 10 this section, shall be applied first to the payment or prepayment of any outstanding debt 11 of the district that is owed to or guaranteed by the United States government or any 12 agency thereof, until such debt is satisfied in full. 13 3. If the amount of any such monetary gift, donation, or bequest exceeds the 14 amount necessary to pay or prepay all outstanding debt owed to or guaranteed by the 15 United States government or any agency thereof, the board of directors may apply the 16 excess funds as otherwise authorized by current law. 17 4. If no such debt exists at the time the gift, donation, or bequest is received, or if 18 the donor has expressly directed the application of the gift, donation, or bequest to 19 another purpose, the board of directors may apply the funds as otherwise authorized by 20 current law. 21 5. The board of directors shall maintain records of all monetary gifts, donations, 22 or bequests received and the application thereof, and shall make such records available 23 for public inspection upon request. 24 6. Any person or entity may, at any time, tender payment in full or in part of any 25 outstanding debt of the district that is owed to or guaranteed by the United States 26 government or any agency thereof, for the benefit of the district. The board of directors 27 shall take all actions necessary to authorize and facilitate the acceptance and application 28 of any such payment to the indebtedness, provided that the payment is made without HB 1917 5
29 condition, restriction, or requirement for consideration or performance by the district, 30 other than the application of the payment toward the indebtedness. The board of 31 directors shall not reverse, cancel, reject, or otherwise interfere with the application of 32 such payment to the debt obligation, and, if required, shall obtain any United States 33 approval necessary for the application of such payment. 34 7. The provisions of this section shall only apply to any public water supply 35 district organized under the provisions set forth in sections 247.010 to 247.220 that is 36 located in any county: 37 (1) With a charter form of government; 38 (2) Within the boundaries of which there are two or more public water supply 39 districts in existence on August 28, 2026, that are organized under the provisions of 40 sections 247.010 to 247.220; and 41 (3) Which is adjacent to a county adjoining a city not located within a county. ✔
Statutes affected: