HOUSE BILL NO. 2925 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE FOWLER.
5497H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 64.401, 66.265, 67.799, 67.990, 67.1422, 67.1531, 67.1551, 67.1880, 68.235, 68.250, 71.800, 71.802, 80.460, 90.500, 92.010, 92.031, 92.035, 94.060, 94.070, 94.250, 94.260, 94.340, 94.350, 94.400, 95.150, 95.390, 137.037, 137.065, 137.565, 137.570, 137.1040, 137.1050, 162.223, 162.441, 162.840, 164.021, 164.151, 167.231, 178.881, 182.010, 182.020, 182.030, 182.100, 182.140, 182.650, 182.655, 182.715, 182.717, 184.350, 184.351, 184.353, 184.357, 184.359, 184.600, 184.604, 184.614, 190.040, 190.065, 190.074, 190.296, 198.260, 198.263, 198.310, 204.250, 205.563, 205.979, 206.070, 206.120, 210.860, 233.172, 233.200, 233.345, 233.455, 233.460, 233.510, 235.175, 238.232, 247.470, 249.110, 249.929, 249.1106, 249.1150, 250.060, 256.445, 257.360, 257.370, 262.598, 263.452, 263.472, 278.240, 278.280, 321.225, 321.240, 321.241, 321.243, 321.244, 321.610, 321.620, 650.399, and 650.408, RSMo, and to enact in lieu thereof one hundred new sections relating to local property tax ballots.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 64.401, 66.265, 67.799, 67.990, 67.1422, 67.1531, 67.1551, 2 67.1880, 68.235, 68.250, 71.800, 71.802, 80.460, 90.500, 92.010, 92.031, 92.035, 94.060, 3 94.070, 94.250, 94.260, 94.340, 94.350, 94.400, 95.150, 95.390, 137.037, 137.065, 137.565, 4 137.570, 137.1040, 137.1050, 162.223, 162.441, 162.840, 164.021, 164.151, 167.231, 5 178.881, 182.010, 182.020, 182.030, 182.100, 182.140, 182.650, 182.655, 182.715, 182.717, 6 184.350, 184.351, 184.353, 184.357, 184.359, 184.600, 184.604, 184.614, 190.040, 190.065, 7 190.074, 190.296, 198.260, 198.263, 198.310, 204.250, 205.563, 205.979, 206.070, 206.120, 8 210.860, 233.172, 233.200, 233.345, 233.455, 233.460, 233.510, 235.175, 238.232, 247.470,
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 2925 2
9 249.110, 249.929, 249.1106, 249.1150, 250.060, 256.445, 257.360, 257.370, 262.598, 10 263.452, 263.472, 278.240, 278.280, 321.225, 321.240, 321.241, 321.243, 321.244, 321.610, 11 321.620, 650.399, and 650.408, RSMo, are repealed and one hundred new sections enacted in 12 lieu thereof, to be known as sections 64.401, 66.265, 67.799, 67.990, 67.1422, 67.1531, 13 67.1551, 67.1880, 68.235, 68.250, 71.800, 71.802, 80.460, 90.500, 92.010, 92.031, 92.035, 14 94.060, 94.070, 94.250, 94.260, 94.340, 94.350, 94.400, 95.150, 95.390, 115.706, 137.037, 15 137.065, 137.565, 137.1040, 137.1050, 162.223, 162.441, 162.840, 164.021, 164.151, 16 167.231, 178.881, 182.010, 182.020, 182.030, 182.100, 182.140, 182.650, 182.655, 182.715, 17 182.717, 184.350, 184.351, 184.353, 184.357, 184.359, 184.600, 184.604, 184.614, 190.040, 18 190.065, 190.074, 190.296, 198.260, 198.263, 198.310, 204.250, 205.563, 205.979, 206.070, 19 206.120, 210.860, 233.172, 233.200, 233.345, 233.455, 233.460, 233.510, 235.175, 238.232, 20 247.470, 249.110, 249.929, 249.1106, 249.1150, 250.060, 256.445, 257.360, 257.370, 21 262.598, 263.452, 263.472, 278.240, 278.280, 321.225, 321.240, 321.241, 321.243, 321.244, 22 321.610, 321.620, 650.399, and 650.408, to read as follows: 64.401. 1. Persons residing in an area adjacent to and within three miles of a 2 municipality that has formed and established a park system under sections 90.010 to 90.020 3 and 90.500 to 90.570 may petition to become part of the park system in the manner prescribed 4 in this subsection. The petition shall include a description of the territory to be embraced by 5 the park system, the provision for a tax to support the park system at the rate of tax which 6 residents of the municipality are required to pay to support the park system, and the signatures 7 of five percent of the qualified voters within the area outside the municipality as determined 8 by the county clerk on the basis of the number of votes cast in the area for governor in the last 9 election held prior to filing of the petition. The petition shall be filed with the governing body 10 of the municipality and the county clerk. The governing body of the municipality shall within 11 thirty days of receipt of the petition vote to approve or reject the request of the adjacent 12 property owners to become part of the municipal parks system at a regularly scheduled 13 meeting of the governing body of the municipality. The governing body of the municipality 14 shall notify the county clerk of its action. If the governing body of the municipality rejects 15 the request, no further action on the matter shall be taken for a period of one year after the 16 date that the governing body rejects the request. After such period of time, the persons 17 residing in the area may submit a new petition pursuant to this subsection. If the governing 18 body of the municipality approves the request, the county clerk shall proceed as prescribed in 19 subsections 2 and 3 of this section. 20 2. Upon approval of the issue by the governing body of the municipality as prescribed 21 in subsection 1 of this section, the county clerk shall present the petition to the county 22 commission who shall thereupon set the petition for hearing not less than thirty days nor more 23 than forty days after the filing. HB 2925 3
24 3. Notice shall be given by the county commission of the time and place where the 25 hearing will be held, by publication on three separate days in one or more newspapers having 26 a general circulation within the territory proposed to be incorporated as part of the park 27 system, the first of which publications shall be not less that twenty days prior to the date set 28 for the hearing and if there is no such newspaper, then notice shall be posted in ten of the most 29 public places in the territory, not less than twenty days prior to the date set for the hearing. 30 This notice shall include a description of the territory as set out in the petition, the question of 31 incorporation for park system services and the rate of tax which residents within the area 32 outside the municipality would be required to pay to support the park system as set out in the 33 petition. 34 4. If the county commission finds that the petition and notice meet the requirements 35 of subsections 1, 2 and 3 of this section, and that the boundaries as defined are reasonable 36 boundaries for the incorporation of the area into the park system, the county commission shall 37 order the submission of the question. 38 5. The question shall be submitted to the voters within the area outside the 39 municipality [substantially in the following form:] as provided in section 115.706. 40 [Shall the area be part of the public park system of the ______ (city, 41 town, village) and shall a ______ cent tax on each one hundred dollars 42 of assessed valuation within the area be levied for public parks?] 43 [ YES] [ NO] 44 6. If a majority of the votes cast on the proposal by the qualified voters within the area 45 outside the municipality voting thereon are in favor of the proposal, then the area shall be part 46 of the municipal park system as of the first day of the year following the year of the election. 47 7. The results of the election shall be certified by the election official of the county 48 not less than thirty days after the election. In the event the proposal fails to receive a majority 49 of the votes within the area outside the municipality in favor of the proposal, then such 50 proposal shall not be resubmitted at any election held within one year of the date of the 51 election the proposal was rejected. 52 8. If the area outside the municipality votes to join the municipal park system, then 53 such an area shall have proportional representation on the park board in accordance with its 54 population to the population of the municipality, except that such area shall be entitled to at 55 least one representative on the park board. The county clerk shall determine the number of 56 additional representatives by dividing the population of the municipality based on the last 57 decennial census by nine to produce the quotient and shall allocate to the area that has voted 58 to join the district one representative per quotient or part thereof which representative or 59 representatives shall be in addition to the nine representatives from the municipality. The 60 county commission shall appoint board members who shall have resided in the area outside HB 2925 4
61 the municipality which is included within the municipal park system for terms of three years. 62 Where the area is in more than one county, the county commissions of each county shall, as 63 nearly as practicable, evenly appoint such members with the county commission of the county 64 having the largest area within the system appointing a greater number of board members if the 65 members cannot be appointed evenly. Residents of such area residing outside the municipal 66 boundaries shall have the same right of access to parks and park facilities in the municipal 67 park system as residents of the municipality. 68 9. The provisions of sections 90.010 to 90.020 and 90.500 and 90.570 shall apply to 69 all areas outside the municipality that are included in the municipal park system under the 70 provisions of this section. 66.265. 1. Any county of the first classification having a charter form of government 2 and containing part of a city with a population of three hundred thousand or more inhabitants 3 may, after voter approval pursuant to subsection 2 of this section, levy an annual tax for the 4 purpose of providing law enforcement services within such county in an amount not to exceed 5 fourteen cents per one hundred dollars assessed valuation. 6 2. The ballot of submission shall be [substantially in the following form:] submitted 7 as provided in section 115.706. 8 [Shall ______ County impose a property tax upon all real and tangible 9 personal property within the county at a rate of ______ (insert the 10 amount) cents per one hundred dollars assessed valuation for the 11 purpose of providing revenue for law enforcement within the county?] 12 [ YES] [ NO] 13 14 If a majority of the qualified voters voting on the question within the county vote in favor of 15 the tax, such tax shall be levied and collected pursuant to this section. If a majority of the 16 voters voting on the question within the county vote against the tax, no such tax shall be 17 levied and collected pursuant to this section. 18 3. The county collector of each county in which the authority is located shall collect 19 the property taxes upon all real property and tangible personal property within that county in 20 the same manner as any other property taxes are collected. The governing body of the county 21 shall use the proceeds of the tax prescribed in this section solely for providing law 22 enforcement services in the county. 67.799. 1. A regional recreational district may, by a majority vote of its board of 2 directors, impose an annual property tax for the establishment and maintenance of public 3 parks and recreational facilities and grounds within the boundaries of the regional recreational 4 district not to exceed sixty cents per year on each one hundred dollars of assessed valuation 5 on all property within the district, except that no such tax shall become effective unless the HB 2925 5
6 board of directors of the district submits to the voters of the district[, at a county or state 7 general, primary or special election,] a proposal to authorize the tax. 8 2. The question shall be submitted [in substantially the following form:] as provided 9 in section 115.706. 10 [Shall a ______ cent tax per one hundred dollars assessed valuation be 11 levied for public parks and recreational facilities?] 12 [ YES] [ NO] 13 14 If a majority of the votes cast on the proposal by the qualified voters voting thereon are in 15 favor of the proposal, then the tax shall become effective. If a majority of the votes cast by 16 the qualified voters voting are opposed to the proposal, then the board of directors shall have 17 no power to impose the tax unless and until the board of directors of the district submits 18 another proposal to authorize the tax and such proposal is approved by a majority of the 19 qualified voters voting thereon. 20 3. The property tax authorized in subsections 1 and 2 of this section shall be levied 21 and collected in the same manner as other ad valorem property taxes are levied and collected. 22 4. (1) A regional recreational district may, by a majority vote of its board of directors, 23 impose a tax not to exceed one-half of one cent on all retail sales subject to taxation pursuant 24 to sections 144.010 to 144.525 for the purpose of funding the creation, operation and 25 maintenance of public parks, recreational facilities and grounds within the boundaries of a 26 regional recreational district. The tax authorized by this subsection shall be in addition to all 27 other sales taxes allowed by law. No tax pursuant to this subsection shall become effective 28 unless the board of directors submits to the voters of the district, at a county or state general, 29 primary or special election, a proposal to authorize the tax, and such tax shall become 30 effective only after the majority of the voters voting on such tax approve such tax. 31 (2) In the event the district seeks to impose a sales tax pursuant to this subsection, the 32 question shall be submitted in substantially the following form: 33 Shall a ______ cent sales tax be levied on all retail sales within the 34 district for public parks and recreational facilities? 35 ☐ YES ☐ NO 36 37 If a majority of the votes cast on the proposal by the qualified voters voting thereon are in 38 favor of the proposal, then the tax shall become effective. If a majority of the votes cast by 39 the qualified voters voting are opposed to the proposal, then the board of directors shall have 40 no power to impose the tax unless and until another proposal to authorize the tax is submitted 41 to the voters of the district and such proposal is approved by a majority of the qualified voters HB 2925 6
42 voting thereon. The provisions of sections 32.085 and 32.087 shall apply to any tax approved 43 pursuant to this subsection. 44 5. As used in this section, "qualified voters" or "voters" means any individuals 45 residing within the proposed district who are eligible to be registered voters and who have 46 registered to vote under chapter 115 or, if no individuals eligible and registered to vote reside 47 within the proposed district, all of the owners of real property located within the proposed 48 district who have unanimously petitioned for or consented to the adoption of an ordinance by 49 the governing body imposing a tax authorized in this section. If the owner of the property 50 within the proposed district is a political subdivision or corporation of the state, the governing 51 body of such political subdivision or corporation shall be considered the owner for purposes 52 of this section. 67.990. 1. The governing body of any county or city not within a county may, upon 2 approval of a majority of the qualified voters of such county or city voting thereon, levy and 3 collect a tax not to exceed five cents per one hundred dollars of assessed valuation, or in any 4 county of the first classification with more than eighty-five thousand nine hundred but less 5 than eighty-six thousand inhabitants, the governing body may, upon approval of a majority of 6 the qualified voters of the county voting thereon, levy and collect a tax not to exceed ten cents 7 per one hundred dollars of assessed valuation upon all taxable property within the county or 8 city or for the purpose of providing services to persons sixty years of age or older. The tax so 9 levied shall be collected along with other county or city taxes, in the manner provided by law. 10 All funds collected for this purpose shall be deposited in a special fund for the provision of 11 services for persons sixty years of age or older, and shall be used for no other purpose except 12 those purposes authorized in sections 67.990 to 67.995. Deposits in the fund shall be 13 expended only upon approval of the board of directors established in section 67.993, if in a 14 county, and only in accordance with the fund budget approved by the county governing body. 15 2. The question of whether the tax authorized by this section shall be imposed shall be 16 submitted [in substantially the following form:] as provided in section 115.706. 17 [OFFICIAL BALLOT] 18 [Shall ______ (name of county/city) levy a tax of ______ cents per 19 each one hundred dollars assessed valuation for the purpose of 20 providing services to persons sixty years of age or older?] 21 [ YES ] [ NO ] 67.1422. 1. Notwithstanding sections 67.1531, 67.1545, and 67.1551, if the petition 2 was filed pursuant to subdivision (5) of subsection 2 of section 67.1421 by a governing body 3 of the city, the governing body may adopt an ordinance approving the petition and submit a 4 ballot to the qualified voters of the district[; the question shall be in substantially the 5 following form:] as provided in section 115.706. HB 2925 7
6 [Shall the community improvement district to be known as the "______ 7 Community Improvement District" approved by the ______ (insert 8 governing body) be established for the purpose of (here summarize the 9 proposed improvements and services) and be authorized to impose a 10 real property tax upon (all real property) within the district at a rate of 11 not more than ten cents per hundred dollars assessed valuation for a 12 period of ten years from the date on which such tax is first imposed for 13 the purpose of providing revenue for ______ (insert general description 14 of purpose) in th