Modifies procedure for requesting audits of political subdivisions

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3000
103RD GENERAL ASSEMBLY
6765S.04C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 29.230, 34.046, 48.020, 49.082, 50.327, 50.333, 50.334, 51.281, 52.269, 53.082,
54.261, 54.320, 55.091, 58.095, 59.120, 67.5060, 68.259, 71.012, 71.014, 71.015,
77.230, 79.080, 82.1025, 108.240, 115.127, 137.016, 140.010, 140.190, 140.250,
140.420, 140.980, 140.981, 140.982, 140.983, 140.984, 140.985, 140.986, 140.987,
140.988, 140.991, 140.994, 140.995, 140.1000, 140.1009, 140.1012, 141.220, 141.230,
141.250, 141.270, 141.290, 141.300, 141.320, 141.330, 141.360, 141.410, 141.440,
141.500, 141.520, 141.535, 141.540, 141.550, 141.560, 141.570, 141.580, 141.610,
141.620, 141.680, 141.700, 141.819, 141.980, 141.984, 141.1009, 141.1020, 182.711,
182.802, 190.050, 190.051, 190.052, 190.070, 190.090, 249.255, 251.034, 321.220,
347.048, 473.742, 486.735, 488.426, 570.095, 578.700, and 640.144, RSMo, and to
enact in lieu thereof ninety- one new sections relating to political subdivisions, with
penalty provisions and a severability clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 29.230, 34.046, 48.020, 49.082, 1
50.327, 50.333, 50.334, 51.281, 52.269, 53.082, 54.261, 54.320, 2
55.091, 58.095, 59.120, 67.5060, 68.259, 71.012, 71.014, 3
71.015, 77.230, 79.080, 82.1025, 108.240, 115.127, 137.016, 4
140.010, 140.190, 140.250, 140.420, 140.980, 140.981, 140.982, 5
140.983, 140.984, 140.985, 140.986, 140.987, 140.988, 140.991, 6
140.994, 140.995, 140.1000, 140.1009, 140.1012, 141.220, 7
141.230, 141.250, 141.270, 141.290, 141.300, 141.320, 141.330, 8
141.360, 141.410, 141.440, 141.500, 141.520, 141.535, 141.540, 9
141.550, 141.560, 141.570, 141.580, 141.610, 141.620, 141.680, 10
SCS HB 3000 2
141.700, 141.819, 141.980, 141.984, 141.1009, 141.1020, 11
182.711, 182.802, 190.050, 190.051, 190.052, 190.070, 190.090, 12
249.255, 251.034, 321.220, 347.048, 473.742, 486.735, 488.426, 13
570.095, 578.700, and 640.144, RSMo, are repealed and ninety-14
one new sections enacted in lieu thereof, to be known as 15
sections 29.230, 34.046, 48.020, 49.082, 50.327, 50.333, 16
50.334, 51.281, 52.269, 53.082, 54.261, 54.320, 55.091, 58.095, 17
59.120, 67.058, 67.311, 67.5060, 71.012, 71.015, 77.230, 18
79.080, 82.1025, 108.240, 115.127, 137.016, 140.010, 140.190, 19
140.250, 140.420, 140.980, 140.981, 140.982, 140.983, 140.984, 20
140.985, 140.986, 140.987, 140.988, 140.991, 140.994, 140.995, 21
140.1000, 140.1009, 140.1012, 141.220, 141.230, 141.250, 22
141.270, 141.290, 141.300, 141.320, 141.330, 141.360, 141.410, 23
141.440, 141.500, 141.520, 141.535, 141.540, 141.550, 141.560, 24
141.570, 141.580, 141.610, 141.620, 141.680, 141.700, 141.819, 25
141.980, 141.984, 141.1009, 141.1020, 182.711, 182.802, 26
190.050, 190.051, 190.052, 190.070, 190.090, 249.255, 251.034, 27
311.083, 321.220, 347.048, 473.742, 486.735, 488.426, 570.095, 28
578.700, and 640.144, to read as follows:29
29.230. 1. In every county which does not elect a 1
county auditor, the state auditor shall audit, without cost 2
to the county, at least once during the term for which any 3
county officer is chosen, the accounts of the various county 4
officers supported in whole or in part by public moneys. 5
2. The state auditor shall audit any political 6
subdivision of the state, including counties having a county 7
auditor, if requested to do so by a petition submitted by a 8
person who resides or owns real property within the 9
boundaries or area of service of the political subdivision 10
and such petition is submitted to the state auditor within 11
one year from requesting the petition from the state auditor 12
and is signed by the requisite percent of the qualified 13
SCS HB 3000 3
voters of the political subdivision. The requisite percent 14
of qualified voters to cause such an audit to be conducted 15
shall be determined as follows: 16
(1) If the number of qualified voters of the political 17
subdivision determined on the basis of the votes cast in the 18
last gubernatorial election held prior to the [filing] 19
requesting of the petition from the state auditor is less 20
than one thousand, twenty-five percent of the qualified 21
voters of the political subdivision determined on the basis 22
of the registered voters eligible to vote at the last 23
gubernatorial election held prior to the [filing] requesting 24
of the petition; 25
(2) If the number of qualified voters of the political 26
subdivision determined on the basis of the votes cast in the 27
last gubernatorial election held prior to the [filing] 28
requesting of the petition from the state auditor is one 29
thousand or more but less than five thousand, fifteen 30
percent of the qualified voters of the political subdivision 31
determined on the basis of the votes cast in the last 32
gubernatorial election held prior to the [filing] requesting 33
of the petition, provided that the number of qualified 34
voters signing such petition is not less than two hundred; 35
(3) If the number of qualified voters of the political 36
subdivision determined on the basis of the votes cast in the 37
last gubernatorial election held prior to the [filing] 38
requesting of the petition from the state auditor is five 39
thousand or more but less than fifty thousand, ten percent 40
of the qualified voters of the political subdivision 41
determined on the basis of the votes cast in the last 42
gubernatorial election held prior to the [filing] requesting 43
of the petition, provided that the number of qualified 44
SCS HB 3000 4
voters signing such petition is not less than seven hundred 45
fifty; 46
(4) If the number of qualified voters of the political 47
subdivision determined on the basis of the votes cast in the 48
last gubernatorial election held prior to the [filing] 49
requesting of the petition from the state auditor is fifty 50
thousand or more, five percent of the qualified voters of 51
the political subdivision determined on the basis of the 52
votes cast in the last gubernatorial election held prior to 53
the [filing] requesting of the petition, provided that the 54
number of qualified voters signing such petition is not less 55
than five thousand. 56
3. The political subdivision shall pay the actual cost 57
of audit. The petition that requests an audit of a 58
political subdivision shall state on its face the estimated 59
cost of the audit and that it will be paid by the political 60
subdivision being audited. The estimated cost of the audit 61
shall be provided by the state auditor within sixty days of 62
such request. The costs of the audit may be billed and paid 63
on an interim basis with individual billing periods to be 64
set at the state auditor's discretion. Moneys held by the 65
state on behalf of a political subdivision may be used to 66
offset unpaid billings for audit costs of the political 67
subdivision. All moneys received by the state in payment of 68
the costs of petition audits shall be deposited in the state 69
treasury and credited to the "Petition Audit Revolving Trust 70
Fund" which is hereby created with the state treasurer as 71
custodian. The general assembly may appropriate additional 72
moneys to the fund as it deems necessary. The state auditor 73
shall administer the fund and approve all disbursements, 74
upon appropriation, from the fund to apply to the costs of 75
performing petition audits. The provisions of section 76
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33.080 to the contrary notwithstanding, money in the fund 77
shall not be transferred and placed to the credit of general 78
revenue until the amount in the fund at the end of any 79
biennium exceeds one million dollars. The amount in the 80
fund which shall lapse is the amount which exceeds one 81
million dollars. No political subdivision shall be audited 82
by petition more than once in any three calendar or fiscal 83
years. 84
4. Any person who allegedly signed or has signed the 85
original petition may submit a sworn statement to the state 86
auditor that the person did not sign such petition or that 87
the person wishes to rescind such signature. Such statement 88
shall be required to be made within ten days from submission 89
of the petition to the state auditor. If such statement is 90
timely filed, such signature shall be withdrawn and shall 91
not count in the determination of the number of qualified 92
voters necessary to compel an audit under subsection 2 of 93
this section. 94
34.046. The commissioner of administration may 1
contract directly with other governmental or nonprofit 2
entities for the purchase of supplies. The commissioner of 3
administration may also participate in, sponsor, conduct or 4
administer a cooperative purchasing agreement whereby 5
supplies are procured in accordance with a contract 6
established by another governmental entity or a nonprofit 7
entity, solely comprised of and controlled by one or more 8
political subdivisions, provided that such contract was 9
established in accordance with the laws and regulations 10
applicable to the establishing governmental or nonprofit 11
entity. 12
48.020. 1. All counties of this state are hereby 1
classified, for the purpose of establishing organization and 2
SCS HB 3000 6
powers in accordance with the provisions of Section 8, 3
Article VI, Constitution of Missouri, into four 4
classifications determined as follows: 5
Classification 1. All counties having an 6
assessed valuation of nine hundred million 7
dollars and over shall automatically be in the 8
first classification after that county has 9
maintained such valuation for the time period 10
required by section 48.030; however, any county 11
of the second classification which, on August 12
28, 2010, has had an assessed valuation of at 13
least six hundred million dollars for at least 14
one year may, by resolution of the governing 15
body of the county, elect to be classified as a 16
county of the first classification after it has 17
maintained such valuation for the period of time 18
required by the provisions of section 48.030. 19
Classification 2. All counties having an 20
assessed valuation of six hundred million 21
dollars and less than the assessed valuation 22
necessary for that county to be in the first 23
classification shall automatically be in the 24
second classification after that county has 25
maintained such valuation for the time period 26
required by section 48.030. 27
Classification 3. All counties having an 28
assessed valuation of less than the assessed 29
valuation necessary for that county to be in the 30
second classification shall automatically be in 31
the third classification. 32
Classification 4. All counties which have 33
attained the second classification prior to 34
SCS HB 3000 7
August 13, 1988, and which would otherwise 35
return to the third classification after August 36
13, 1988, because of changes in assessed 37
valuation shall remain a county in the second 38
classification and shall operate under the laws 39
of this state applying to the second 40
classification. Notwithstanding the foregoing, 41
all counties which have attained the fourth 42
classification prior to January 1, 2027, and 43
which would otherwise move to a county of the 44
third classification on January 1, 2027, shall 45
remain a county in the fourth classification and 46
shall operate under the laws of the state 47
applying to the second classification through 48
December 31, 2030, subject to the provisions of 49
subsection 2 of section 48.030. 50
2. The required assessed valuation for each 51
classification under subsection 1 of this section shall be 52
increased annually by an amount equal to the percentage 53
change in the annual average of the Consumer Price Index for 54
All Urban Consumers (CPI-U) or zero, whichever is greater. 55
The state tax commission shall calculate and publish this 56
amount so that it is available to all counties. 57
49.082. 1. A county commissioner in any county, other 1
than in a first classification chartered county or a first 2
classification county not having a charter form of 3
government and not containing any part of a city with a 4
population of three hundred thousand or more, shall, subject 5
to any other adjustment otherwise provided in this section, 6
receive an annual salary computed as set forth in the 7
following schedule. The assessed valuation factor shall be 8
the amount thereof as shown for the year next preceding the 9
SCS HB 3000 8
computation. The provisions of this section shall not 10
permit or require a reduction in the amount of compensation 11
being paid for the office of commissioner on January 1, 1997. 12
2. A county commissioner who begins a term after 25
August 28, 2026, shall receive an annual salary computed as 26
set forth in the following schedule. 27
13 Assessed Valuation Salary
14 $18,000,000 to 40,999,999 $19,140
15 41,000,000 to 53,999,999 19,800
16 54,000,000 to 65,999,999 21,120
17 66,000,000 to 85,999,999 22,440
18 86,000,000 to 99,999,999 23,760
19 100,000,000 to 130,999,999 25,080
20 131,000,000 to 159,999,999 26,400
21 160,000,000 to 189,999,999 27,060
22 190,000,000 to 249,999,999 27,390
23 250,000,000 to 299,999,999 28,380
24 300,000,000 or more 29,700
28 Assessed Valuation Salary
29 Under $51,000,000 $23,800
30 51,000,000 to 100,000,000 25,800
31 100,000,001 to 150,000,000 27,800
SCS HB 3000 9
3. In addition to any compensation provided pursuant 45
to subsection 1 of this section, the presiding commissioner 46
of any county not having a charter form of government shall 47
receive two thousand dollars annual salary. 48
[3.] 4. Two thousand dollars of the salary authorized 49
in this section shall be payable to a commissioner only if 50
the commissioner has completed at least twenty hours of 51
classroom instruction each calendar year relating to the 52
operations of the commissioner's office when approved by a 53
professional association of the county commissioners of 54
Missouri unless [exempted from the training] an alternative 55
option is approved by the professional association. The 56
32 150,000,001 to 200,000,000 29,800
33 200,000,001 to 250,000,000 31,700
34 250,000,001 to 300,000,000 33,700
35 300,000,001 to 350,000,000 35,700
36 350,000,001 to 400,000,000 37,700
37 400,000,001 to 450,000,000 39,700
38 450,000,001 to 500,000,000 41,600
39 500,000,001 to 550,000,000 43,600
40 550,000,001 to 600,000,000 45,600
41 600,000,001 to 1,000,000,000 47,600
42 1,000,000,001 to 5,000,000,000 49,600
43 5,000,000,001 to 10,000,000,000 51,500
44 10,000,000,001 or more 53,500
SCS HB 3000 10
professional association approving the program shall provide 57
a certificate of completion to each commissioner who 58
completes the training program and shall send a list of 59
certified commissioners to the treasurer of each county. 60
Expenses incurred for attending the training session may be 61
reimbursed to a county commissioner in the same manner as 62
other expenses as may be appropriated for that purpose. 63
[4.] 5. A county commissioner in any county, other 64
than a first classification charter county or a first 65
classification county not having a charter form of 66
government and not containing any part of a city with a 67
population of three hundred thousand or more, shall not, 68
except upon a two-thirds vote of all the members of the 69
salary commission, receive an annual compensation in an 70
amount less than the total compensation being received for 71
the office of county commissioner or presiding commissioner 72
respectively for the particular county for services rendered 73
or performed on the date the salary commission votes. 74
50.327. 1. Notwithstanding any other provisions of 1
law to the contrary, the salary schedules contained in 2
sections 49.082, 50.334, 50.343, 51.281, 51.282, 52.269, 3
53.082, 53.083, 54.261, 54.320, 55.091, 56.265, 58.095, and 4
473.742 shall be set as a base schedule for those county 5
officials. Except when it is necessary to increase newly 6
elected or reelected county officials' salaries, in 7
accordance with Section 13, Article VII, Constitution of 8
Missouri, to comply with the requirements of this section, 9
the salary commission in all counties except charter 10
counties in this state shall be responsible for the 11
computation of salaries of all county officials; provided, 12
however, that any percentage salary adjustments in a county 13
shall be equal for all such officials in that county and any 14
SCS HB 3000 11
salary adjustment after August 28, 2026, shall not decrease 15
the current salary of any official. To the extent that the 16
current salary of any official exceeds the amount set forth 17
in the salary schedules contained in sections 49.082, 18
50.334, 50.343, 51.281, 52.269, 53.082, 53.083, 54.261, 19
54.320, 55.091, 56.265, 58.095, and 473.742 as of August 28, 20
2026, such salary may only be increased as a result of 21
further increases to assessed value as provided in such 22
sections or in section 50.333. 23
2. In addition to the amounts set forth in the salary 24
schedules contained in sections 49.082, 50.334, 50.343, 25
51.281, 52.282, 52.269, 53.082, 53.083, 54.261, 54.320, 26
55.091, 56.265, 58.095, and 473.742, salaries shall be 27
adjusted each year on the anniversary date of each 28
official's current term. The amount of adjustment shall be 29
based on the following calculation: 30
(1) Determine the difference between the last 31
completed assessed value for the county minus the assessed 32
value for the county for the year prior to the last 33
completed assessed value; 34
(2) Divide the difference by the amount of the last 35
completed assessed value to determine the annual assessed 36
value growth; 37
(3) Multiply the annual assessed value growth by the 38
following amount: 39
40
41
Annual Assessed Value
Growth
Amount
42 Negative No Change
43 0 - 2.99% 1
SCS HB 3000 12
(4) Multiply the product of the calculation set forth 49
in subdivision (3) of this subsection by the official's 50
current salary; and 51
(5) Add the product of the calculation set forth in 52
subdivision (4) of this subsection to the current salary 53
amount. Adjustments made pursuant to this subsection shall 54
not equal or exceed the salary for the next highest assessed 55
valuation contained in sections 49.082, 50.334, 50.343, 56
51.281, 52.282, 52.269, 53.082, 53.083, 54.261, 54.320, 57
55.091, 56.265, 58.095, and 473.742. 58
3. Upon majority approval of the salary commission, 59
the annual compensation of part-time prosecutors contained 60
in section 56.265 and the county offices contained in 61
sections 49.082, 50.334, 50.343, 51.281, 51.282, 52.269, 62
53.082, 53.083, 54.261, 54.320, 55.091, 58.095, and 473.742 63
may be increased [by up to two thousand dollars] greater 64
than the compensation provided by the salary schedules; 65
provided, however, that any vote to increase compensation be 66
effective for all county offices in that county subject to 67
the salary commission. 68
[3.] 4. Upon the majority approval of the salary 69
commission, the annual compensation of a county coroner of 70
any county not having a charter form of government as 71
provided in section 58.095 may be increased up to fourteen 72
44 3.00 - 5.99% 0.5
45 6.00 - 6.99% 0.33
46 7.00 - 7.99% 0.25
47 8.00 - 9.99% 0.20
48 10% plus .013
SCS HB 3000 13
thousand dollars greater than the compensation provided by 73
the salary schedule of such section. 74
[4.] 5. The salary commission of any county of the 75
third classification may amend the base schedules for the 76
computation of salaries for county officials referenced in 77
subsection 1 of this section to include assessed valuation 78
factors in excess of three hundred million dollars; provided 79
that the percentage of any adjustments in assessed valuation 80
factors shall be equal for all such officials in that county. 81
50.333. 1. There shall be a salary commission in 1
every nonchartered county. 2
2. The clerk or court administrator of the circuit 3
court of the judicial circuit in which such county is 4
located shall set a date, time and place for the salary 5
commission meeting and serve as temporary [chairman] chair 6
of the salary commission until the members of the commission 7
elect a [chairman] chair from their number. Upon written 8
request of a majority of the salary commission members the 9
clerk or court administrator of the circuit court shall 10
forthwith set the earliest date possible for a meeting of 11
the salary commission. The circuit clerk or court 12
administrator shall give notice of the time and place of any 13
meeting of the salary commission. Such notice shall be 14
published in a newspaper of general circulation in such 15
county at least five days prior to such meeting. Such 16
notice shall contain a general description of the business 17
to be discussed at such meeting. 18
3. The members of the salary commission shall be: 19
(1) The recorder of deeds if the recorder's office is 20
separate from that of the circuit clerk; 21
(2) The county clerk; 22
(3) [The prosecuting attorney; 23
SCS HB 3000 14
(4)] The sheriff; 24
[(5)] (4) The county commissioners; 25
[(6)] (5) The collector or treasurer ex officio 26
collector; 27
[(7)] (6) The treasurer or treasurer ex officio 28
collector; 29
[(8)] (7) The assessor; 30
[(9)] (8) The auditor; 31
[(10)] (9) The public administrator; and 32
[(11)] (10) The coroner. 33
In a county with more than one hundred fifty thousand but 34
fewer than two hundred thousand inhabitants, the prosecuting 35
attorney and the sheriff shall be members of the salary 36
commission. In any county that utilizes assistant 37
prosecuting attorneys, such assistant prosecuting attorneys 38
shall be members of the salary commission. 39
4. Members of the salary commission shall receive no 40
additional compensation for their services as members of the 41
salary commission. A majority of members shall constitute a 42
quorum. 43
[4.] 5. Notwithstanding the provisions of sections 44
610.021 and 610.022, all meetings of a county salary 45
commission shall be open meetings and all votes taken at 46
such meetings shall be open records. Any vote taken at any 47
meeting of the salary commission shall be taken by recorded 48
yeas and nays. 49
[5.] 6. In every county, the salary commission shall 50
meet at least once before November thirtieth of each odd- 51
numbered year and may meet in any even-numbered year. The 52
salary commission may meet as many times as it deems 53
necessary and may meet after November thirtieth and prior to 54
SCS HB 3000 15
December fifteenth of any odd-numbered year if the 55
commission has met at least once prior to November thirtieth 56
of that year. At any meeting of the salary commission, the 57
members shall elect a [chairman] chair from their number. 58
The county clerk shall present a report on the financial 59
condition of the county to the commission once the 60
[chairman] chair is elected, and shall keep the minutes of 61
the meeting. 62
[6.] 7. For purposes of this section, the 1988 base 63
compensation is the compensation paid on September 1, 1987, 64
plus the same percentage increase paid or allowed, whichever 65
is greater, to the presiding commissioner or the sheriff, 66
whichever is greater, of that county for the year beginning 67
January 1, 1988. Such increase shall be expressed as a 68
percentage of the difference between the maximum allowable 69
compensation and the compensation paid on September 1, 1987. 70
[At its meeting in 1987 and at any meeting held in 1988, 71
the salary commission shall determine the compensation to be 72
paid to every county officer holding office on January 1, 73
1988.] The salary commission shall establish the 74
compensation for each office at an amount not greater than 75
that set by law as the maximum compensation. If the salary 76
commission votes to increase compensation, but not to pay 77
the maximum amount authorized by law for any officer or 78
office, then the increase in compensation shall be the same 79
percentage increase for all officers and offices and shall 80
be expressed as a percentage of the difference between the 81
maximum allowable compensation and the compensation being 82
received at the time of the vote. If two-thirds of the 83
members of the salary commission vote to decrease the 84
compensation being received at the time of the vote below 85
that compensation, all officers shall receive the same 86
SCS HB 3000 16
percentage decrease. The commission may vote not to 87
increase or decrease the compensation and that compensation 88
shall continue to be the salary of such offices and officers 89
during the subsequent term of office. 90
[7.] 8. For the year 1989 and every second year 91
thereafter, the salary commission shall meet in every county 92
as many times as it deems necessary on or prior to November 93
thirtieth of any such year for the purpose of determining 94
the amount of compensation to be paid to county officials. 95
For each year in which the commission meets, the members 96
shall elect a [chairman] chair from their number. The 97
county clerk shall present a report on the financial 98
condition of the county to the commission once the 99
[chairman] chair is elected, and shall keep minutes of the 100
meeting. The salary commission shall then consider the 101
compensation to be paid for the next term of office for each 102
county officer to be elected at their next general 103
election. If the commission votes not to increase or 104
decrease the compensation, the salary being paid during the 105
term in which the vote was taken shall continue as the 106
salary of such offices and officers during the subsequent 107
term of office. If the salary commission votes to increase 108
the compensation, all officers or offices whose compensation 109
is being considered by the commission at that time shall 110
receive the same percentage of the maximum allowable 111
compensation. However, for any county in which all offices' 112
and officers' salaries have been set at one hundred percent 113
of the maximum allowable compensation, the commission may 114
vote to increase the compensation of all offices except that 115
of full-time prosecuting attorneys at that or any subsequent 116
meeting of the salary commission without regard to any law 117
or maximum limitation established by law. Such increase 118
SCS HB 3000 17
shall be expressed as a percentage of the compensation being 119
paid during the term of office when the vote is taken, and 120
each officer or office whose compensation is being 121
established by the salary commission at that time shall 122
receive the same percentage increase over the compensation 123
being paid for that office during the term when the vote is 124
taken. This increase shall be in addition to any increase 125
mandated by an official's salary schedule because of changes 126
in assessed valuation during the current term. If the 127
salary commission votes to decrease the compensation, a vote 128
of two-thirds or more of all the members of the salary 129
commission shall be required before the salary or other 130
compensation of any county office shall be decreased below 131
the compensation being paid for the particular office on the 132
date the salary commission votes, and all officers and 133
offices shall receive the same percentage decrease. 134
[8.] 9. The salary commission shall issue, not later 135
than December fifteenth of any year in which it meets, a 136
report of compensation to be paid to each officer and the 137
compensation so set shall be paid beginning with the start 138
of the subsequent term of office of each officer. The 139
report of compensation shall be certified to the clerk of 140
the county commission for the county and shall be in 141
substantially the following form: 142
The salary commission for _________ County 143
hereby certifies that it has met pursuant to law 144
to establish compensation for county officers to 145
be paid to such officers during the next term of 146
office for the officers affected. The salary 147
commission reports that there shall be (no 148
increase in compensation) (an increase of 149
_________ percent) (a decrease of _________ 150
SCS HB 3000 18
percent) (county officer's salaries set at 151
_________ percent of the maximum allowable 152
compensation). 153
Salaries shall be adjusted each year on the official's year 154
of incumbency for any change in the last completed 155
assessment that would affect the maximum allowable 156
compensation for that office. 157
[9.] 10. For the meeting in 1989 and every meeting 158
thereafter, in the event a salary commission in any county 159
fails, neglects or refuses to meet as provided in this 160
section, or in the event a majority of the salary commission 161
is unable to reach an agreement and so reports or fails to 162
certify a salary report to the clerk of the county 163
commission by December fifteenth of any year in which a 164
report is required to be certified by this section, then the 165
compensation being paid to each affected office or officer 166
on such date shall continue to be the compensation paid to 167
the affected office or officer during the succeeding term of 168
office. 169
[10.] 11. Other provisions of law notwithstanding, in 170
every instance where an officer or employee of any county is 171
paid a mileage allowance or reimbursement, the county 172
commission shall allow or reimburse such officers or 173
employees out of the county treasury at the highest rate 174
paid to any county officer for each mile actually and 175
necessarily traveled in the performance of their official 176
duties. The county commission of any county may elect to 177
pay a mileage allowance for any county commissioner for 178
travel going to and returning from the place of holding 179
commission meetings and for all other necessary travel on 180
official county business in the personal motor vehicle of 181
SCS HB 3000 19
the commissioner presenting the claim. The governing body 182
of any county of the first classification [not having a 183
charter form of government] may provide by order for the 184
payment of mileage expenses of elected and appointed county 185
officials by payment of a certain amount monthly which would 186
reflect the average monthly mileage expenses of such officer 187
based on the amount allowed pursuant to state law for the 188
payment of mileage for state employees. Any order entered 189
for such purpose shall not be construed as salary, wages or 190
other compensation for services rendered. 191
[11.] 12. The term "maximum allowable compensation" as 192
used in this section means the highest compensation which 193
may be paid to the specified officer or office in the 194
particular county based on the salary schedule established 195
by law for the specified officer or office. If the salary 196
commission at its meeting in 1987 voted for one hundred 197
percent of the maximum allowable compensation and does not 198
change such vote at its meeting held within thirty days 199
after May 13, 1988, as provided in subsection 6 of this 200
section, the one hundred percent shall be calculated on the 201
basis of the total allowable compensation permitted after 202
May 13, 1988. 203
[12.] 13. At the salary commission meeting which 204
establishes the percentage rate to be applied to county 205
officers during the next term of office, the salary 206
commission may authorize the further adjustment of such 207
officers' compensation as a cost-of-living component and 208
effective January first of each year, the compensation for 209
county officers may be adjusted by the county commission, 210
and if the adjustment of compensation is authorized, the 211
percentage increase shall be the same for all county 212
officers, not to exceed the percentage increase given to the 213
SCS HB 3000 20
other county employees. The compensation for all county 214
officers may be set as a group, although the change in 215
compensation will not become effective until the next term 216
of office for each officer. 217
[13. At the salary commission meeting in 1997 which 218
establishes the salaries for those officers to be elected at 219
the general election in 1998, the salary commission of each 220
noncharter county may provide salary increases for associate 221
county commissioners elected in 1996. This one-time 222
increase is necessitated by the change from two- to four- 223
year terms for associate commissioners pursuant to house 224
bill 256, passed by the first regular session of the eighty- 225
eighth general assembly in 1995.] 226
50.334. 1. In all counties, except counties of the 1
first classification having a charter form of government and 2
counties of the first classification not having a charter 3
form of government and not containing any part of a city 4
with a population of three hundred thousand or more, each 5
recorder of deeds, if the recorder's office is separate from 6
that of the circuit clerk, shall receive as total 7
compensation for all services performed by the recorder, 8
except as provided pursuant to section 50.333, an annual 9
salary which shall be computed on an assessed valuation 10
basis as set forth in the following schedule. The assessed 11
valuation factor shall be the amount thereof as computed for 12
the year next preceding the computation. The county 13
recorder of deeds whose office is separate from that of the 14
circuit clerk in any county, other than a county of the 15
first classification having a charter form of government or 16
a county of the first classification not having a charter 17
form of government and not containing any part of a city 18
with a population of three hundred thousand or more, shall 19
SCS HB 3000 21
not, except upon two-thirds vote of all the members of the 20
salary commission, receive an annual compensation in an 21
amount less than the total compensation being received for 22
the office of county recorder of deeds in the particular 23
county for services rendered or performed on January 1, 1997. 24
2. A recorder of deeds who begins a term after August 37
28, 2026, shall receive an annual salary computed as set 38
forth in the following schedule. 39
25 Assessed Valuation Salary
26 $ 8,000,000 to 40,999,999 $29,000
27 41,000,000 to 53,999,999 30,000
28 54,000,000 to 65,999,999 32,000
29 66,000,000 to 85,999,999 34,000
30 86,000,000 to 99,999,999 36,000
31 100,000,000 to 130,999,999 38,000
32 131,000,000 to 159,999,999 40,000
33 160,000,000 to 189,999,999 41,000
34 190,000,000 to 249,999,999 41,500
35 250,000,000 to 299,999,999 43,000
36 300,000,000 or more 45,000
40 Assessed Valuation Salary
41 Under $51,000,000 $36,100
42 51,000,000 to 100,000,000 39,100
SCS HB 3000 22
3. Two thousand dollars of the salary authorized in 57
this section shall be payable to the recorder only if he has 58
completed at least twenty hours of classroom instruction 59
each calendar year relating to the operations of the 60
recorder's office when approved by a professional 61
association of the county recorders of deeds of Missouri 62
unless [exempted from the training] an alternative option is 63
approved by the professional association. The professional 64
association approving the program shall provide a 65
certificate of completion to each recorder who completes the 66
43 100,000,001 to 150,000,000 42,100
44 150,000,001 to 200,000,000 45,100
45 200,000,001 to 250,000,000 48,100
46 250,000,001 to 300,000,000 51,100
47 300,000,001 to 350,000,000 54,100
48 350,000,001 to 400,000,000 57,100
49 400,000,001 to 450,000,000 60,100
50 450,000,001 to 500,000,000 63,100
51 500,000,001 to 550,000,000 66,100
52 550,000,001 to 600,000,000 69,100
53 600,000,001 to 1,000,000,000 72,100
54 1,000,000,001 to 5,000,000,000 75,100
55 5,000,000,001 to 10,000,000,000 78,100
56 10,000,000,001 or more 81,100
SCS HB 3000 23
training program and shall send a list of certified 67
recorders to the treasurer of each county. Expenses 68
incurred for attending the training session shall be 69
reimbursed to the county recorder in the same manner as 70
other expenses as may be appropriated for that purpose. 71
51.281. 1. The county clerk in any county, other than 1
in a first classification county, shall receive an annual 2
salary computed as set forth in the following schedule. The 3
assessed valuation factor shall be the amount thereof as 4
shown for the year next preceding the computation. The 5
provisions of this section shall not permit or require a 6
reduction in the amount of compensation being paid for the 7
office of clerk on January 1, 1997. 8
9 Assessed Valuation Salary
10 $18,000,000 to 40,999,999 $29,000
11 41,000,000 to 53,999,999 30,000
12 54,000,000 to 65,999,999 32,000
13 66,000,000 to 85,999,999 34,000
14 86,000,000 to 99,999,999 36,000
15 100,000,000 to 130,999,999 38,000
16 131,000,000 to 159,999,999 40,000
17 160,000,000 to 189,999,999 41,000
18 190,000,000 to 249,999,999 41,500
19 250,000,000 to 299,999,999 43,000
20 300,000,000 or more 45,000
SCS HB 3000 24
2. A county clerk who begins a term after August 28, 21
2026, shall receive an annual salary computed as set forth 22
in the following schedule. 23
3. Two thousand dollars of the salary authorized in 41
this section shall be payable to the clerk only if the clerk 42
has completed at least twenty hours of classroom instruction 43
24 Assessed Valuation Salary
25 Under $51,000,000 $36,100
26 51,000,000 to 100,000,000 39,100
27 100,000,001 to 150,000,000 42,100
28 150,000,001 to 200,000,000 45,100
29 200,000,001 to 250,000,000 48,100
30 250,000,001 to 300,000,000 51,100
31 300,000,001 to 350,000,000 54,100
32 350,000,001 to 400,000,000 57,100
33 400,000,001 to 450,000,000 60,100
34 450,000,001 to 500,000,000 63,100
35 500,000,001 to 550,000,000 66,100
36 550,000,001 to 600,000,000 69,100
37 600,000,001 to 1,000,000,000 72,100
38 1,000,000,001 to 5,000,000,000 75,100
39 5,000,000,001 to 10,000,000,000 78,100
40 10,000,000,001 or more 81,100
SCS HB 3000 25
each calendar year relating to the operations of the clerk's 44
office when approved by [a professional] the Missouri 45
association of [the] county clerks [of Missouri] and 46
election authorities unless [exempted from the training] an 47
alternative option is approved by the professional 48
association. The professional association approving the 49
program shall provide a certificate of completion to each 50
clerk who completes the training program and shall send a 51
list of certified clerks to the treasurer of each county. 52
Expenses incurred for attending the training session may be 53
reimbursed to the county clerk in the same manner as other 54
expenses as may be appropriated for that purpose. 55
[3.] 4. The county clerk may retain any fees to which 56
he is entitled for services performed in the issuance of 57
fish and game licenses or permits. 58
[4.] 5. The county clerk in any county, other than a 59
first classification charter county or a first 60
classification county not having a charter form of 61
government and not containing any part of a city with a 62
population of three hundred thousand or more, shall not, 63
except upon two-thirds vote of all the members of the salary 64
commission, receive an annual compensation in an amount less 65
than the total compensation being received for the office of 66
county clerk in the particular county for services rendered 67
or performed on the date the salary commission votes. 68
52.269. 1. In all counties, except first 1
classification counties having a charter form of government 2
and first classification counties not having a charter form 3
of government and not containing any part of a city with a 4
population of three hundred thousand or more, the county 5
collector shall receive an annual salary which shall be paid 6
in equal monthly installments by the county. The salary 7
SCS HB 3000 26
shall be computed on an assessed valuation basis as provided 8
in this subsection. The assessed valuation factor shall be 9
the amount as shown for the year next preceding the annual 10
salary computation. A county collector subject to the 11
provisions of this section shall not receive an annual 12
compensation less than the total compensation being received 13
by the county collector in that county for services rendered 14
or performed for the period beginning March 1, 1987, and 15
ending February 29, 1988. The county collector shall 16
receive the same percentage adjustments provided by the 17
county salary commissions for county officers in that county 18
pursuant to section 50.333. The provisions of this section 19
shall not permit or require a reduction in the amount of 20
compensation being paid for the office of county collector 21
on January 1, 1997, or less than the total compensation 22
being received for the services rendered or performed for 23
the period beginning March 1, 1987, and ending February 29, 24
1988. The salary shall be computed on the basis of the 25
following schedule: 26
27 Assessed Valuation Salary
28 $18,000,000 to 40,999,999 $29,000
29 41,000,000 to 53,999,999 30,000
30 54,000,000 to 65,999,999 32,000
31 66,000,000 to 85,999,999 34,000
32 86,000,000 to 99,999,999 36,000
33 100,000,000 to 130,999,999 38,000
34 131,000,000 to 159,999,999 40,000
SCS HB 3000 27
2. A county collector who begins a term after August 39
28, 2026, shall receive an annual salary computed as set 40
forth in the following schedule. 41
35 160,000,000 to 189,999,999 41,000
36 190,000,000 to 249,999,999 41,500
37 250,000,000 to 299,999,999 43,000
38 300,000,000 or more 45,000
42 Assessed Valuation Salary
43 Under $51,000,000 $36,100
44 51,000,000 to 100,000,000 39,100
45 100,000,001 to 150,000,000 42,100
46 150,000,001 to 200,000,000 45,100
47 200,000,001 to 250,000,000 48,100
48 250,000,001 to 300,000,000 51,100
49 300,000,001 to 350,000,000 54,100
50 350,000,001 to 400,000,000 57,100
51 400,000,001 to 450,000,000 60,100
52 450,000,001 to 500,000,000 63,100
53 500,000,001 to 550,000,000 66,100
54 550,000,001 to 600,000,000 69,100
55 600,000,001 to 1,000,000,000 72,100
SCS HB 3000 28
3. Two thousand dollars of the salary authorized in 59
this section shall be payable to the collector only if the 60
collector has completed at least twenty hours of classroom 61
instruction each calendar year relating to the operations of 62
the collector's office when approved by a professional 63
association of the county collectors of Missouri unless 64
[exempted from the training] an alternative option is 65
approved by the professional association. The professional 66
association approving the program shall provide a 67
certificate of completion to each collector who completes 68
the training program and shall send a list of certified 69
collectors to the treasurer of each county. Expenses 70
incurred for attending the training session may be 71
reimbursed to the county collector in the same manner as 72
other expenses as may be appropriated for that purpose. 73
[3.] 4. Any provision of law to the contrary 74
notwithstanding, any fee provided for in section 52.250 or 75
52.275, when collected on ditch and levee taxes, shall not 76
be collected on behalf of the county and deposited into the 77
county general revenue fund. Such fee shall be retained by 78
the collector as compensation for his services, in addition 79
to any amount provided for such collector in this section. 80
[4.] 5. Except as provided in subsection 3 of this 81
section, after the next general election following January 82
1, 1988, all fees collected by the collector shall be 83
56 1,000,000,001 to 5,000,000,000 75,100
57 5,000,000,001 to 10,000,000,000 78,100
58 10,000,000,001 or more 81,100
SCS HB 3000 29
collected on behalf of the county and deposited in the 84
county general revenue fund. 85
53.082. 1. The county assessor in any county, other 1
than in a first classification county, shall receive an 2
annual salary computed as set forth in the following 3
schedule provided in this subsection. The assessed 4
valuation factor shall be the amount thereof as shown for 5
the year next preceding the computation. The provisions of 6
this section shall not permit or require a reduction in the 7
amount of compensation being paid for the office of assessor 8
on September 1, 1997. 9
10 Assessed Valuation Salary
11 $18,000,000 to 40,999,999 $29,000
12 41,000,000 to 53,999,999 30,000
13 54,000,000 to 65,999,999 32,000
14 66,000,000 to 85,999,999 34,000
15 86,000,000 to 99,999,999 36,000
16 100,000,000 to 130,999,999 38,000
17 131,000,000 to 159,999,999 40,000
18 160,000,000 to 189,999,999 41,000
19 190,000,000 to 249,999,999 41,500
20 250,000,000 to 299,999,999 43,000
21 300,000,000 or more 45,000
SCS HB 3000 30
2. A county assessor who begins a term after August 22
28, 2026, shall receive an annual salary computed as set 23
forth in the following schedule. 24
3. The compensation for county assessors in second, 42
third and fourth classification counties for the term of 43
office beginning September 1, 1997, shall be calculated 44
25 Assessed Valuation Salary
26 Under $51,000,000 $36,100
27 51,000,000 to 100,000,000 39,100
28 100,000,001 to 150,000,000 42,100
29 150,000,001 to 200,000,000 45,100
30 200,000,001 to 250,000,000 48,100
31 250,000,001 to 300,000,000 51,100
32 300,000,001 to 350,000,000 54,100
33 350,000,001 to 400,000,000 57,100
34 400,000,001 to 450,000,000 60,100
35 450,000,001 to 500,000,000 63,100
36 500,000,001 to 550,000,000 66,100
37 550,000,001 to 600,000,000 69,100
38 600,000,001 to 1,000,000,000 72,100
39 1,000,000,001 to 5,000,000,000 75,100
40 5,000,000,001 to 10,000,000,000 78,100
41 10,000,000,001 or more 81,100
SCS HB 3000 31
pursuant to the salary schedule in this section using the 45
percentage increase approved by the county salary commission 46
when establishing the compensation for the office of county 47
assessor at the salary commission meeting in 1997. This 48
salary shall become effective on September 1, 1997. 49
[3.] 4. Two thousand dollars of the salary authorized 50
in this section shall be payable to the assessor only if the 51
assessor has completed at least twenty hours of classroom 52
instruction each calendar year relating to the operations of 53
the assessor's office when approved by a professional 54
association of the county assessors of Missouri unless 55
[exempted from the training] an alternative option is 56
approved by the professional association. The professional 57
association approving the program shall provide a 58
certificate of completion to each assessor who completes the 59
training program and shall send a list of certified 60
assessors to the treasurer of each county. Expenses 61
incurred for attending the training session may be 62
reimbursed to the county assessor in the same manner as 63
other expenses as may be appropriated for that purpose. 64
[4.] 5. The county assessor in any county, except a 65
first classification county, shall not, except upon two- 66
thirds vote of all the members of the salary commission, 67
receive an annual compensation in an amount less than the 68
total compensation being received for the office of county 69
assessor in the particular county for services rendered or 70
performed on the date the salary commission votes. 71
54.261. 1. The county treasurer in counties of the 1
first classification, not having a charter form of 2
government and containing a portion of a city with a 3
population of three hundred thousand or more, and in 4
counties of the second, third and fourth classifications of 5
SCS HB 3000 32
this state, shall receive as compensation for services 6
performed by the treasurer an annual salary based upon the 7
assessed valuation of the county. The provisions of this 8
section shall not permit or require a reduction, nor shall 9
require an increase, in the amount of compensation being 10
paid for the office of treasurer on January 1, 2002. 11
2. The amount of salary based upon assessed valuation 12
shall be computed according to the following schedule: 13
3. A county treasurer who begins a term after August 26
28, 2026, shall receive an annual salary computed as set 27
forth in the following schedule. 28
14 Assessed Valuation Salary
15 $18,000,000 to 40,999,999 $29,000
16 41,000,000 to 53,999,999 30,000
17 54,000,000 to 65,999,999 32,000
18 66,000,000 to 85,999,999 34,000
19 86,000,000 to 99,999,999 36,000
20 100,000,000 to 130,999,999 38,000
21 131,000,000 to 159,999,999 40,000
22 160,000,000 to 189,999,999 41,000
23 190,000,000 to 249,999,999 41,500
24 250,000,000 to 299,999,999 43,000
25 300,000,000 or more 45,000
29 Assessed Valuation Salary
SCS HB 3000 33
4. Two thousand dollars of the salary authorized in 46
this section shall be payable to the treasurer only if the 47
treasurer has completed at least twenty hours of classroom 48
instruction each calendar year relating to the operations of 49
the treasurer's office when approved by a professional 50
association of the county treasurers or county collectors of 51
Missouri unless [exempted from the training] an alternative 52
option is approved by the professional association. The 53
30 Under $51,000,000 $36,100
31 51,000,000 to 100,000,000 39,100
32 100,000,001 to 150,000,000 42,100
33 150,000,001 to 200,000,000 45,100
34 200,000,001 to 250,000,000 48,100
35 250,000,001 to 300,000,000 51,100
36 300,000,001 to 350,000,000 54,100
37 350,000,001 to 400,000,000 57,100
38 400,000,001 to 450,000,000 60,100
39 450,000,001 to 500,000,000 63,100
40 500,000,001 to 550,000,000 66,100
41 550,000,001 to 600,000,000 69,100
42 600,000,001 to 1,000,000,000 72,100
43 1,000,000,001 to 5,000,000,000 75,100
44 5,000,000,001 to 10,000,000,000 78,100
45 $10,000,000,001 or more 81,100
SCS HB 3000 34
professional association approving the program shall provide 54
a certificate of completion to each treasurer who completes 55
the training program and shall send a list of certified 56
treasurers to the county commission of each county. 57
Expenses incurred for attending the training session shall 58
be reimbursed to the county treasurer in the same manner as 59
other expenses as may be appropriated for that purpose. 60
[4.] 5. The county treasurer in any county, other than 61
a county of the first classification having a charter form 62
of government or a county of the first classification not 63
having a charter form of government and not containing any 64
part of a city with a population of three hundred thousand 65
or more, shall not, except upon two-thirds vote of all the 66
members of the commission, receive an annual compensation in 67
an amount less than the total compensation being received 68
for the office of county treasurer in the particular county 69
for services rendered or performed on the date the salary 70
commission votes. 71
[5.] 6. In the event of a vacancy due to death, 72
resignation, or otherwise in the office of treasurer in any 73
county except a county with a charter form of government, 74
and when there is no deputy treasurer, the county commission 75
shall appoint a qualified acting treasurer until such time 76
as the vacancy is filled by the governor pursuant to section 77
105.030 or the elected treasurer returns to work. The 78
county commission shall employ and fix the compensation of 79
clerical and other assistants necessary to enable the 80
interim treasurer to efficiently perform the duties of the 81
office. 82
54.320. 1. The county collector-treasurer in counties 1
of the third and fourth classifications adopting township 2
organization shall receive an annual salary as set forth in 3
SCS HB 3000 35
the following schedule. The assessed valuation factor shall 4
be the amount thereof as shown for the year next preceding 5
the computation. A county collector-treasurer subject to 6
the provisions of this section shall not receive an annual 7
compensation less than the total compensation being received 8
by the county treasurer ex officio collector in that county 9
for services rendered or performed for the period beginning 10
March 1, 1987, and ending February 29, 1988. The county 11
collector-treasurer shall receive the same percentage 12
adjustments provided by county salary commissions for county 13
officers in that county pursuant to section 50.333. The 14
provisions of this section shall not permit or require a 15
reduction in the amount of compensation being paid for the 16
office of county treasurer ex officio collector on January 17
1, 1997, or less than the total compensation being received 18
for the services rendered or performed for the period 19
beginning March 1, 1987, and ending February 29, 1988. The 20
salary shall be computed on the basis of the following 21
schedule: 22
23 Assessed Valuation Salary
24 $18,000,000 to 40,999,999 $29,000
25 41,000,000 to 53,999,999 30,000
26 54,000,000 to 65,999,999 32,000
27 66,000,000 to 85,999,999 34,000
28 86,000,000 to 99,999,999 36,000
29 100,000,000 to 130,999,999 38,000
30 131,000,000 to 159,999,999 40,000
SCS HB 3000 36
In addition, the collector-treasurer shall collect on behalf 35
of the county a fee for the collection of all back taxes and 36
all delinquent taxes of two percent on all sums collected to 37
be added to the face of the tax bill, and collected from the 38
party paying the tax. The collector-treasurer shall collect 39
on behalf of the county a fee of three percent on all 40
licenses, including current railroad and utility taxes, 41
surtax, back taxes, delinquent taxes and interest collected 42
by the collector-treasurer, to be deducted from the amounts 43
collected. The collector-treasurer shall collect on behalf 44
of the county for the purpose of mailing statements and 45
receipts required by section 139.350 a fee of one-half of 46
one percent on all licenses and all taxes, including current 47
taxes, back taxes, delinquent taxes, and interest collected 48
by the collector-treasurer, to be deducted from the amounts 49
collected. All fees collected under this section shall be 50
collected on behalf of the county and shall be deposited in 51
the county treasury or as provided by law. Collector- 52
treasurers in counties having a township form of government 53
are entitled to collect such fees immediately upon an order 54
of the circuit court under section 139.031. If the protest 55
is later sustained and a portion of the taxes so paid is 56
returned to the taxpayer the county shall return that 57
portion of the fee collected on the amount returned to the 58
31 160,000,000 to 189,999,999 41,000
32 190,000,000 to 249,999,999 41,500
33 250,000,000 to 299,999,999 43,000
34 300,000,000 to 449,999,999 45,000
SCS HB 3000 37
taxpayer. The collector-treasurer in each of the third and 59
fourth classification counties which have adopted the 60
township form of county government is entitled to employ 61
deputies and assistants, and for the deputies and assistants 62
is allowed not less than the amount allowed in 2003-2004, 63
whichever is greater. 64
2. A county collector-treasurer who begins a term 65
after August 28, 2026, shall receive an annual salary 66
computed as set forth in the following schedule. 67
68 Assessed Valuation Salary
69 Under $51,000,000 $36,100
70 51,000,000 to 100,000,000 39,100
71 100,000,001 to 150,000,000 42,100
72 150,000,001 to 200,000,000 45,100
73 200,000,001 to 250,000,000 48,100
74 250,000,001 to 300,000,000 51,100
75 300,000,001 to 350,000,000 54,100
76 350,000,001 to 400,000,000 57,100
77 400,000,001 to 450,000,000 60,100
78 450,000,001 to 500,000,000 63,100
79 500,000,001 to 550,000,000 66,100
80 550,000,001 to 600,000,000 69,100
81 600,000,001 to 1,000,000,000 72,100
82 1,000,000,001 to 5,000,000,000 75,100
SCS HB 3000 38
3. Notwithstanding any provisions of law to the 85
contrary, the collector-treasurer in each county of the 86
third or fourth classification having a township form of 87
government shall employ not fewer than one full-time 88
deputy. The collector-treasurer may employ such number of 89
deputies and assistants as may be necessary to perform the 90
duties of the office of collector-treasurer promptly and 91
correctly, as determined by the collector-treasurer. The 92
office of the collector-treasurer shall be funded 93
sufficiently to compensate deputies and assistants at a 94
level no less than the compensation provided for other 95
county employees. Such deputies and assistants shall be 96
allowed adjustments in compensation at the same percentage 97
as provided for other county employees, as effective January 98
first each year. 99
[3.] 4. Two thousand dollars of the salary authorized 100
in this section shall be payable to the collector-treasurer 101
only if such officer has completed at least twenty hours of 102
classroom instruction each calendar year relating to the 103
operations of the collector-treasurer's office when approved 104
by a professional association of the county treasurers or 105
county collectors of Missouri unless [exempted from the 106
training] an alternative option is approved by the 107
professional association. The professional association 108
approving the program shall provide a certificate of 109
completion to each collector-treasurer who completes the 110
training program and shall send a list of certified 111
collector-treasurers to the county commission of each 112
83 5,000,000,001 to 10,000,000,000 78,100
84 10,000,000,001 or more 81,100
SCS HB 3000 39
county. Expenses incurred for attending the training 113
session may be reimbursed to the county collector-treasurer 114
in the same manner as other expenses as may be appropriated 115
for that purpose. 116
55.091. 1. The county auditor in any county, other 1
than in a first classification chartered county or a first 2
classification county not having a charter form of 3
government and not containing any part of a city with a 4
population of three hundred thousand or more, shall receive 5
an annual salary computed on an assessed valuation basis as 6
set forth in the following schedule. The assessed valuation 7
factor shall be the amount thereof as shown for the year 8
next preceding the computation. The provisions of this 9
section shall not permit or require a reduction in the 10
amount of compensation being paid for the office of auditor 11
on January 1, 1997. 12
2. A county auditor who begins a term after August 28, 20
2026, shall receive an annual salary computed as set forth 21
in the following schedule. 22
13 Assessed Valuation Salary
14 $131,000,000 to 189,999,999 $40,500
15 190,000,000 to 249,999,999 41,500
16 250,000,000 to 299,999,999 43,000
17 300,000,000 to 399,999,999 45,000
18 400,000,000 to 499,999,999 46,000
19 500,000,000 or more 47,000
SCS HB 3000 40
3. Two thousand dollars of the salary authorized in 40
this section shall be payable to the auditor only if the 41
auditor has completed at least twenty hours of classroom 42
instruction each calendar year relating to the operations of 43
the auditor's office when approved by a professional 44
association of the county auditors of Missouri unless 45
23 Assessed Valuation Salary
24 Under $51,000,000 $36,100
25 51,000,000 to 100,000,000 39,100
26 100,000,001 to 150,000,000 42,100
27 150,000,001 to 200,000,000 45,100
28 200,000,001 to 250,000,000 48,100
29 250,000,001 to 300,000,000 51,100
30 300,000,001 to 350,000,000 54,100
31 350,000,001 to 400,000,000 57,100
32 400,000,001 to 450,000,000 60,100
33 450,000,001 to 500,000,000 63,100
34 500,000,001 to 550,000,000 66,100
35 550,000,001 to 600,000,000 69,100
36 600,000,001 to 1,000,000,000 72,100
37 1,000,000,001 to 5,000,000,000 75,100
38 5,000,000,001 to 10,000,000,000 78,100
39 10,000,000,001 or more 81,100
SCS HB 3000 41
[exempted from the training] an alternative option is 46
approved by the professional association. The professional 47
association approving the program shall provide a 48
certificate of completion to each auditor who completes the 49
training program and shall send a list of certified auditors 50
to the treasurer of each county. Expenses incurred 51
attending the training session may be reimbursed to the 52
county auditor in the same manner as other expenses as may 53
be appropriated for that purpose. 54
[3.] 4. The county auditor in any county, other than a 55
first classification charter county, shall not, except upon 56
two-thirds vote of all the members of the salary commission, 57
receive an annual compensation less than the total 58
compensation being received for the office of county auditor 59
in the particular county for services rendered or performed 60
on the date the salary commission votes. 61
58.095. 1. The county coroner in any county not 1
having a charter form of government shall receive an annual 2
salary computed on a basis as set forth in the following 3
schedule, as well as any adjustment authorized under 4
subsection [3] 4 of section 50.327. The provisions of this 5
section shall not permit or require a reduction in the 6
amount of compensation being paid for the office of coroner 7
on January 1, 2025: 8
9 Assessed Valuation Salary
10 $18,000,000 to 40,999,999 $8,000
11 41,000,000 to 53,999,999 8,500
12 54,000,000 to 65,999,999 9,000
13 66,000,000 to 85,999,999 9,500
SCS HB 3000 42
2. (1) One thousand dollars of the salary authorized 21
in this section shall be payable to the coroner, deputy 22
coroner, and assistants only if the coroner, deputy coroner, 23
or assistant has completed at least twenty hours of 24
classroom instruction each calendar year as presented by a 25
state-recognized and -accredited or nationally recognized 26
and accredited credentialing organization that certifies 27
individuals to conduct death investigations. Certified 28
training completion shall be submitted to a professional 29
association of the county coroners of Missouri which, upon 30
validating the certified training, shall submit the 31
individual's name to the county treasurer and department of 32
health and senior services indicating the individual is 33
compliant with the training requirements. 34
(2) Expenses incurred for attending the training 35
session shall be reimbursed to the county coroner in the 36
same manner as other expenses as may be appropriated for 37
that purpose to the extent that such expenses are not fully 38
reimbursed under paragraph (c) of subdivision (2) of 39
subsection 1 of section 58.208. 40
14 86,000,000 to 99,999,999 10,000
15 100,000,000 to 130,999,999 11,000
16 131,000,000 to 159,999,999 12,000
17 160,000,000 to 189,999,999 13,000
18 190,000,000 to 249,999,999 14,000
19 250,000,000 to 299,999,999 15,000
20 300,000,000 or more 16,000
SCS HB 3000 43
3. The county coroner in any county not having a 41
charter form of government shall not, except upon two-thirds 42
vote of all the members of the salary commission, receive an 43
annual compensation in an amount less than the total 44
compensation being received for the office of county coroner 45
in the particular county for services rendered or performed 46
on the date the salary commission votes. 47
4. For the term beginning in 1997, the compensation of 48
the coroner, in counties in which the salary commission has 49
not voted to pay one hundred percent of the maximum 50
allowable salary, shall be a percentage of the maximum 51
allowable salary established by this section. The 52
percentage applied shall be the same percentage of the 53
maximum allowable salary received or allowed, whichever is 54
greater, to the presiding commissioner or sheriff, whichever 55
is greater, of that county for the year beginning January 1, 56
1997. In those counties in which the salary commission has 57
voted to pay one hundred percent of the maximum allowable 58
salary, the compensation of the coroner shall be based on 59
the maximum allowable salary in effect at each time a 60
coroner's term of office commences following the vote to pay 61
one hundred percent of the maximum allowable compensation. 62
Subsequent compensation shall be determined as provided in 63
section 50.333. 64
59.120. 1. The recorder shall keep [his] the 1
recorder's office at the seat of justice, and the county 2
commission shall provide the same with suitable books, in 3
which the recorder shall record all instruments of writing 4
authorized and required to be recorded. If there is no 5
courthouse or other suitable county building at the seat of 6
justice, the county commission shall provide an office for 7
SCS HB 3000 44
the recorder at any other place in the county where there is 8
a courthouse and courts of record are held. 9
2. Each recorder shall display in the recorder's 10
office in a place visible to the public a printed sign with 11
the following text in all capital letters of at least one 12
inch in height: "WARNING: THE OFFENSE OF FILING FALSE 13
DOCUMENTS IS A FELONY UNDER MISSOURI LAW (RSMO 570.095) WITH 14
PENALTIES THAT MAY INCLUDE JAIL OR PRISON TIME AND FINANCIAL 15
RESTITUTION.". 16
67.058. 1. The governing body of a political 1
subdivision may distribute surplus or unneeded supplies or 2
property in the same manner as provided for the distribution 3
of federal surplus property. 4
2. The governing body of a political subdivision may 5
sell surplus or unneeded supplies or property to the general 6
public. For items with a value of five hundred dollars or 7
less, the governing body shall obtain the name of the 8
purchaser, their phone number and address, and a description 9
of the property sold, the amount paid, and the date. All 10
items with a value over five hundred dollars shall be sold 11
on an online auction platform approved by the office of 12
administration or by sealed bid. 13
3. Notwithstanding the provisions of subsections 1 and 14
2 of this section to the contrary, the governing body of a 15
political subdivision shall not donate or sell surplus 16
emergency vehicles or unneeded supplies or property to 17
members of the governing body, officers, or employees of the 18
political subdivision or their relatives within the fourth 19
degree by consanguinity or affinity, nor to an entity of 20
which a member of the governing body, officer, or employee 21
is a board member or officer unless such surplus is sold on 22
SCS HB 3000 45
an online auction platform approved by the Missouri office 23
of administration. 24
4. The governing body of a political subdivision, or 25
any person designated by the political subdivision, may 26
conduct or authorize an audit of any transfer, donation, or 27
sale made under this section. Such audit may include review 28
of records, receipts, and documentation maintained under 29
this section to ensure compliance with applicable laws, 30
regulations, and policies of the political subdivision. The 31
results of any audit conducted under this subsection shall 32
be made available to the governing body of the political 33
subdivision and retained in accordance with applicable 34
records retention schedules. 35
67.311. 1. As used in this section, the following 1
terms shall mean: 2
(1) "County", any county with more than seven hundred 3
thousand but fewer than eight hundred thousand inhabitants; 4
(2) "Mobile food unit", a vehicle-mounted food service 5
establishment, designed to be readily movable, that returns 6
to a commissary daily for clean-up and service; 7
(3) "Municipality", any city, town, or village located 8
wholly or partially within a county. 9
2. Notwithstanding any provision of law to the 10
contrary, any license or permit issued by a county to a 11
mobile food unit or operator shall be sufficient to allow 12
such mobile food unit or operator to operate in all 13
municipalities within such county. Any permitting 14
requirement imposed by a municipality that is more strict 15
than the permitting requirements imposed by a county shall 16
be null and void. 17
3. The provisions of this section shall not be 18
construed to prohibit or limit any health or food sanitation 19
SCS HB 3000 46
regulations authorized in chapter 196 or any other provision 20
of law. 21
67.5060. 1. As used in this section, the following 1
terms mean: 2
(1) "Design-build", a project delivery method subject 3
to a [three-stage] multi-stage qualifications-based 4
selection for which the design and construction services are 5
furnished under one contract; 6
(2) "Design-build contract", a contract which is 7
subject to a three-stage qualifications-based selection 8
process similar to that described in sections 8.285 to 8.291 9
between a political subdivision and a design-builder to 10
furnish the architectural, engineering, and related design 11
services and the labor, materials, supplies, equipment, and 12
other construction services required for a design-build 13
project; 14
(3) "Design-build project", the design, construction, 15
alteration, addition, remodeling, or improvement of any 16
buildings or facilities under contract with a political 17
subdivision. Such design-build projects include, but are 18
not limited to: 19
(a) Civil works projects, such as roads, streets, 20
bridges, utilities, airport runways and taxiways, storm 21
drainage and flood control projects, or transit projects; and 22
(b) Noncivil works projects, such as buildings, site 23
improvements, and other structures, habitable or not, 24
commonly designed by architects in excess of [seven] five 25
million dollars; 26
(4) "Design-builder", any individual, partnership, 27
joint venture, or corporation subject to a qualification- 28
based selection that offers to provide or provides design 29
services and general contracting services through a design- 30
SCS HB 3000 47
build contract or a progressive design-build contract in 31
which services within the scope of the practice of 32
professional architecture or engineering are performed 33
respectively by a licensed architect or licensed engineer 34
and in which services within the scope of general 35
contracting are performed by a general contractor or other 36
legal entity that furnishes architecture or engineering 37
services and construction services either directly or 38
through subcontracts or joint ventures; 39
(5) "Design criteria consultant", a person, 40
corporation, partnership, or other legal entity duly 41
licensed and authorized to practice architecture or 42
professional engineering in this state under chapter 327 who 43
is employed by or contracted by the political subdivision to 44
assist the political subdivision in the development of 45
project design criteria, requests for proposals, evaluation 46
of proposals, the evaluation of the construction under a 47
design-build contract or a progressive design-build contract 48
to determine adherence to the design criteria, and any 49
additional services requested by the political subdivision 50
to represent its interests in relation to a project. The 51
design criteria consultant may not submit a proposal or 52
furnish design or construction services for the design-build 53
contract for which its services were sought; 54
(6) "Design criteria package", performance-oriented 55
program, scope, and specifications for the design-build 56
project sufficient to permit a design-builder to prepare a 57
response to a political subdivision's request for proposals 58
for a design-build project or a progressive design-build 59
project, which may include capacity, durability, standards, 60
ingress and egress requirements, performance requirements, 61
description of the site, surveys, soil and environmental 62
SCS HB 3000 48
information concerning the site, interior space 63
requirements, material quality standards, design and 64
construction schedules, site development requirements, 65
provisions for utilities, storm water retention and 66
disposal, parking requirements, applicable governmental code 67
requirements, preliminary designs for the project or 68
portions thereof, and other criteria for the intended use of 69
the project; 70
(7) "Design professional services", services that are: 71
(a) Within the practice of architecture as defined in 72
section 327.091, or within the practice of professional 73
engineering as defined in section 327.181; or 74
(b) Performed by a licensed or authorized architect or 75
professional engineer in connection with the architect's or 76
professional engineer's employment or practice; 77
(8) "Progressive design-build contract", a contract 78
that is subject to a two-staged qualification-based 79
selection process as described in subdivision (1) of 80
subsection 13 of this section between a political 81
subdivision and a design-builder to furnish the 82
architectural, engineering, and related design services and 83
the labor, materials, supplies, equipment, and other 84
construction services required for a progressive design- 85
build project; 86
(9) "Progressive design-build project", the design, 87
construction, alteration, addition, remodeling, or 88
improvement of any buildings or facilities under one 89
progressive design-build contract with a political 90
subdivision. Such progressive design-build projects 91
include, but are not limited to: 92
SCS HB 3000 49
(a) Civil works projects, such as roads, streets, 93
bridges, utilities, airport runways and taxiways, storm 94
drainage and flood control projects, or transit projects; and 95
(b) Noncivil works projects, such as buildings, site 96
improvements, and other structures, habitable or not, 97
commonly designed by architects; 98
(10) "Proposal", an offer in response to a request for 99
proposals by a design-builder to enter into a design-build 100
contract for a design-build project or a progressive design- 101
build contract for a progressive design-build project under 102
this section; 103
[(9)] (11) "Request for proposal", the document by 104
which the political subdivision solicits proposals for a 105
design-build contract or progressive design-build contract; 106
[(10)] (12) "Stipend", an amount paid to the 107
unsuccessful but responsive, short-listed design-builders to 108
defray the cost of participating in phase II of the 109
selection process for a design-build project described in 110
this section. 111
2. In using a design-build contract or a progressive 112
design-build contract, the political subdivision shall 113
determine the scope and level of detail required to permit 114
qualified persons to submit proposals in accordance with the 115
request for proposals given the nature of the project. 116
3. A design criteria consultant shall be employed or 117
retained by the political subdivision to assist in 118
preparation of the design criteria package and request for 119
proposal, perform periodic site visits to observe adherence 120
to the design criteria, prepare progress reports, review and 121
approve progress and final pay applications of the design- 122
builder, review shop drawings and submissions, provide input 123
in disputes, help interpret the construction documents, 124
SCS HB 3000 50
perform inspections upon substantial and final completion, 125
assist in warranty inspections, and provide any other 126
professional service assisting with the project 127
administration of a design-build project or a progressive 128
design-build project. The design criteria consultant may 129
also evaluate construction as to the adherence of the design 130
criteria. The consultant shall be selected and its contract 131
negotiated in compliance with sections 8.285 to 8.291 unless 132
the consultant is a direct employee of the political 133
subdivision. 134
4. The political subdivision shall publicly disclose 135
at a regular meeting its intent to utilize the design-build 136
method or the progressive design-build method and its 137
project design criteria at least one week prior to 138
publishing the request for proposals. Notice of requests 139
for proposals shall be advertised by publication in a 140
newspaper of general circulation published in the county 141
where the political subdivision is located once a week for 142
two consecutive weeks prior to opening the proposals, or by 143
a virtual notice procedure that notifies interested parties 144
for at least twenty various purchases, design contracts, 145
construction contracts, or other contracts each year for the 146
political subdivision. The political subdivision shall 147
publish a notice of a request for proposal with a 148
description of the project, the procedures for submission, 149
and the selection criteria to be used. 150
5. The political subdivision shall establish in the 151
request for proposal a time, place, and other specific 152
instructions for the receipt of proposals. Proposals not 153
submitted in strict accordance with the instructions shall 154
be subject to rejection. 155
SCS HB 3000 51
6. The following provisions of this subsection shall 156
apply to a design-build project: 157
(1) A request for proposal shall be prepared for each 158
design-build contract containing at minimum the following 159
elements: 160
[(1)] (a) The procedures to be followed for submitting 161
proposals, the criteria for evaluating proposals and their 162
relative weight, and the procedures for making awards; 163
[(2)] (b) The proposed terms and conditions for the 164
design-build contract, if available; 165
[(3)] (c) The design criteria package; 166
[(4)] (d) A description of the drawings, 167
specifications, or other information to be submitted with 168
the proposal, with guidance as to the form and level of 169
completeness of the drawings, specifications, or other 170
information that will be acceptable; 171
[(5)] (e) A schedule for planned commencement and 172
completion of the design-build contract, if any; 173
[(6)] (f) Budget limits for the design-build contract, 174
if any; 175
[(7)] (g) Requirements including any available ratings 176
for performance bonds, payment bonds, and insurance, if any; 177
[(8)] (h) The amount of the stipend which will be 178
available; and 179
[(9)] (i) Any other information that the political 180
subdivision in its discretion chooses to supply including, 181
but not limited to, surveys, soil reports, drawings of 182
existing structures, environmental studies, photographs, 183
references to public records, or affirmative action and 184
minority business enterprise requirements consistent with 185
state and federal law[.]; 186
SCS HB 3000 52
[7.] (2) The political subdivision shall solicit 187
proposals in a three-stage process. Phase I shall be the 188
solicitation of qualifications of the design-build team. 189
Phase II shall be the solicitation of a technical proposal 190
including conceptual design for the project. Phase III 191
shall be the proposal of the construction cost[.]; 192
[8.] (3) The political subdivision shall review the 193
submissions of the proposals and assign points to each 194
proposal in accordance with this section and as set out in 195
the instructions of the request for proposal[.]; 196
[9.] (4) Phase I shall require all design-builders to 197
submit a statement of qualification that shall include, but 198
not be limited to: 199
[(1)] (a) Demonstrated ability to perform projects 200
comparable in design, scope, and complexity; 201
[(2)] (b) References of owners for whom design-build 202
projects, construction projects, or design projects have 203
been performed; 204
[(3)] (c) Qualifications of personnel who will manage 205
the design and construction aspects of the project; and 206
[(4)] (d) The names and qualifications of the primary 207
design consultants and the primary trade contractors with 208
whom the design-builder proposes to subcontract or joint 209
venture. The design-builder shall not replace an identified 210
contractor, subcontractor, design consultant, or 211
subconsultant without the written approval of the political 212
subdivision. 213
[10.] 7. The political subdivision shall evaluate the 214
qualifications of all the design-builders who submitted 215
proposals in accordance with the instructions of the request 216
for proposal. Architectural and engineering services on the 217
project shall be evaluated in accordance with the 218
SCS HB 3000 53
requirements of sections 8.285 and 8.291. Qualified design- 219
builders selected by the evaluation team may proceed to 220
phase II of the selection process. Design-builders lacking 221
the necessary qualifications to perform the work shall be 222
disqualified and shall not proceed to phase II of the 223
process. This process of short listing shall narrow the 224
number of qualified design-builders to not more than [five] 225
three nor fewer than two. Under no circumstances shall 226
price or fees be a part of the prequalification criteria. 227
Design-builders may be interviewed in either phase I or 228
phase II of the process. Points assigned in phase I of the 229
evaluation process shall not carry forward to phase II of 230
the process. All qualified design-builders shall be ranked 231
on points given in phases II and III only. 232
[11.] 8. The political subdivision shall have 233
discretion to disqualify any design-builder who, in the 234
political subdivision's opinion, lacks the minimum 235
qualifications required to perform the work. 236
[12.] 9. Once a sufficient number of no more than 237
[five] three and no fewer than two qualified design-builders 238
have been selected, the design-builders shall have a 239
specified amount of time in which to assemble phase II and 240
phase III proposals. 241
[13.] 10. Phase II of the process shall be conducted 242
as follows: 243
(1) The political subdivision shall invite the top 244
qualified design-builders to participate in phase II of the 245
process; 246
(2) A design-builder shall submit its design for the 247
project to the level of detail required in the request for 248
proposal. The design proposal shall demonstrate compliance 249
with the requirements set out in the request for proposal; 250
SCS HB 3000 54
(3) The ability of the design-builder to meet the 251
schedule for completing a project as specified by the 252
political subdivision may be considered as an element of 253
evaluation in phase II; 254
(4) Up to twenty percent of the points awarded to each 255
design-builder in phase II may be based on each design- 256
builder's qualifications and ability to design, contract, 257
and deliver the project on time and within the budget of the 258
political subdivision; 259
(5) Under no circumstances shall the design proposal 260
contain any reference to the cost of the proposal; and 261
(6) The submitted designs shall be evaluated and 262
assigned points in accordance with the requirements of the 263
request for proposal. Phase II shall account for not less 264
than forty percent of the total point score as specified in 265
the request for proposal. 266
[14.] 11. Phase III shall be conducted as follows: 267
(1) The phase III proposal shall provide a firm, fixed 268
cost of design and construction. The proposal shall be 269
accompanied by bid security and any other items, such as 270
statements of minority participation as required by the 271
request for proposal; 272
(2) Cost proposals shall be submitted in accordance 273
with the instructions of the request for proposal. The 274
political subdivision shall reject any proposal that is not 275
submitted on time. Phase III shall account for not less 276
than forty percent of the total point score as specified in 277
the request for proposal; 278
(3) Proposals for phase II and phase III shall be 279
submitted concurrently at the time and place specified in 280
the request for proposal, but in separate envelopes or other 281
means of submission. The phase III cost proposals shall be 282
SCS HB 3000 55
opened only after the phase II design proposals have been 283
evaluated and assigned points, ranked in order, and posted; 284
(4) Cost proposals shall be opened and read aloud at 285
the time and place specified in the request for proposal. 286
At the same time and place, the evaluation team shall make 287
public its scoring of phase II. Cost proposals shall be 288
evaluated in accordance with the requirements of the request 289
for proposal. In evaluating the cost proposals, the lowest 290
responsive bidder shall be awarded the total number of 291
points assigned to be awarded in phase III. For all other 292
bidders, cost points shall be calculated by reducing the 293
maximum points available in phase III by at least one 294
percent for each percentage point by which the bidder 295
exceeds the lowest bid and the points assigned shall be 296
added to the points assigned for phase II for each design- 297
builder; 298
(5) If the political subdivision determines that it is 299
not in the best interest of the political subdivision to 300
proceed with the project pursuant to the proposal offered by 301
the design-builder with the highest total number of points, 302
the political subdivision shall reject all proposals. In 303
this event, all qualified and responsive design-builders 304
with lower point totals shall receive a stipend and the 305
responsive design-builder with the highest total number of 306
points shall receive an amount equal to two times the 307
stipend. If the political subdivision decides to award the 308
project, the responsive design-builder with the highest 309
number of points shall be awarded the contract; and 310
(6) If all proposals are rejected, the political 311
subdivision may solicit new proposals using different design 312
criteria, budget constraints, or qualifications. 313
SCS HB 3000 56
[15.] 12. As an inducement to qualified design- 314
builders, the political subdivision shall pay a reasonable 315
stipend, the amount of which shall be established in the 316
request for proposal, to each prequalified design-builder 317
whose proposal is responsive but not accepted. Such stipend 318
shall be no less than one-half of one percent of the total 319
project budget. Upon payment of the stipend to any 320
unsuccessful design-builder, the political subdivision shall 321
acquire a nonexclusive right to use the design submitted by 322
the design-builder, and the design-builder shall have no 323
further liability for the use of the design by the political 324
subdivision in any manner. If the design-builder desires to 325
retain all rights and interest in the design proposed, the 326
design-builder shall forfeit the stipend. 327
13. The following provisions of this subsection shall 328
apply to a progressive design-build project: 329
(1) A request for proposal shall be prepared for each 330
progressive design-build contract containing at a minimum 331
the following elements: 332
(a) The procedures to be followed for submitting 333
proposals, the criteria for evaluating proposals and their 334
relative weight, and the procedures for making awards; 335
(b) The proposed terms and conditions for the 336
progressive design-build contract, if available; 337
(c) The design criteria package; 338
(d) A description of the project approach elements, or 339
other information to be submitted with the proposal, or 340
other information that will be acceptable; 341
(e) A schedule for planned commencement and completion 342
of the progressive design-build contract, if any; 343
(f) Budget limits for the progressive design-build 344
contract, if any; 345
SCS HB 3000 57
(g) Requirements including any available ratings for 346
performance bonds, payment bonds, and insurance, if any; and 347
(h) Any other information that the political 348
subdivision in its discretion chooses to supply including, 349
but not limited to, surveys, soil reports, drawings of 350
existing structures, environmental studies, photographs, 351
references to public records, or affirmative action and 352
minority business enterprise requirements consistent with 353
state and federal law; 354
(2) The political subdivision shall solicit proposals 355
in a two-stage process. Phase I shall be the solicitation 356
and evaluation of the qualifications of design-builders. 357
Phase II shall be the solicitation and evaluation of 358
proposals describing the design-builder's approach to design 359
development, preconstruction services and construction of 360
the project; 361
(3) The political subdivision shall review the 362
submissions of the proposals and assign points to each 363
proposal in accordance with this section and as set out in 364
the instructions of the request for proposal; 365
(4) Phase I shall require all design-builders to 366
submit a statement of qualification that shall include, but 367
not be limited to: 368
(a) Demonstrated ability to perform projects 369
comparable in design, scope, and complexity; 370
(b) References of owners for whom design-build 371
projects or progressive design-build projects, construction 372
projects, or design projects have been performed; 373
(c) Qualifications of personnel who will manage the 374
design and construction aspects of the project; and 375
(d) The names and qualifications of the primary design 376
consultants and the primary trade contractors with whom the 377
SCS HB 3000 58
design-builder proposes to joint venture. The design- 378
builder shall not replace an identified contractor, or 379
design consultant without the written approval of the 380
political subdivision; 381
(5) The political subdivision shall evaluate the 382
qualifications of all the design-builders who submitted 383
proposals in accordance with the instructions of the request 384
for proposal. Architectural and engineering services on the 385
project shall be evaluated in accordance with the 386
requirements of sections 8.285 and 8.291. Qualified design- 387
builders selected by the evaluation team may proceed to 388
phase II of the selection process. Design-builders lacking 389
the necessary qualifications to perform the work shall be 390
disqualified and shall not proceed to phase II of the 391
process. This process of short listing shall narrow the 392
number of qualified design-builders to not more than five. 393
Under no circumstances shall price or fees be a part of the 394
prequalification criteria. Design-builders may be 395
interviewed in either phase I or phase II of the process. 396
Points assigned in phase I of the evaluation process shall 397
not carry forward to phase II of the process. All qualified 398
design-builders shall be ranked on points given in phase II 399
only; 400
(6) The political subdivision shall have discretion to 401
disqualify any design-builder who, in the political 402
subdivision's opinion, lacks the minimum qualifications 403
required to perform the work; 404
(7) Once a sufficient number of no more than three but 405
not less than two qualified design-builders have been 406
selected, the design-builders shall have a specified amount 407
of time in which to assemble phase II proposals; 408
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(8) Phase II of the process shall be conducted as 409
follows: 410
(a) The political subdivision shall invite the top 411
qualified design-builders to participate in phase II of the 412
process; 413
(b) Each invited design-builder shall submit a 414
proposal describing its approach to design development, 415
collaboration with the political subdivision, and delivery 416
of preconstruction and construction services. The proposal 417
shall not include any construction pricing; 418
(c) The proposal shall demonstrate understanding of 419
the project goals and may address: 420
a. Approach to design integration, cost estimating, 421
scheduling, and value engineering during preconstruction; 422
b. Approach to subcontractor outreach, selection, and 423
participation; 424
c. Approach to establishing transparent pricing for 425
the preconstruction and construction phase; and 426
d. Any innovations, sustainability measures, or risk- 427
management strategies proposed for the project; 428
(d) Evaluation of phase II proposals shall be 429
qualifications-based. Price consideration shall be for 430
preconstruction phase services only and may be in the form 431
of proposed rates, fees, or other acceptable forms as 432
determined by the political subdivision; 433
(e) The political subdivision shall rank the phase II 434
proposals according to the criteria and weighting 435
established in the request for proposals and may conduct 436
interviews as part of the evaluation; 437
(f) Following evaluation, the political subdivision 438
may enter into negotiations with the highest-ranked design- 439
builder to establish a preconstruction services agreement. 440
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If the parties are unable to reach an agreement, the 441
political subdivision may terminate negotiations and 442
commence negotiations with the next highest-ranked design- 443
builder; and 444
(g) During the preconstruction phase, the design- 445
builder and the political subdivision shall collaborate to 446
advance the design to a level sufficient to establish a 447
fixed contract amount or guaranteed maximum price, 448
consistent with agreed-upon milestones and deliverables. 449
Upon acceptance of the price and contract terms, the parties 450
may amend the contract to authorize construction; 451
(9) This subsection shall expire on August 28, 2036. 452
[16.] 14. (1) As used in this subsection, "wastewater 453
or water contract" means any design-build contract or 454
progressive design-build contract that involves the 455
provision of engineering and construction services either 456
directly by a party to the contract or through 457
subcontractors retained by a party to the contract for a 458
wastewater or water storage, conveyance, or treatment 459
facility project. 460
(2) Any political subdivision may enter into a 461
wastewater or water contract for design-build or progressive 462
design-build of a wastewater or water project. 463
(3) In disbursing community development block grants 464
under 42 U.S.C. Sections 5301 to 5321, the department of 465
economic development shall not reject wastewater or water 466
projects solely for utilizing wastewater or water contracts. 467
(4) The department of natural resources shall not 468
preclude wastewater or water contracts from consideration 469
for funding provided by the water and wastewater loan fund 470
under section 644.122. 471
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(5) A political subdivision planning a wastewater or 472
water design-build or progressive design-build project shall 473
retain an engineer duly licensed in this state to assist in 474
preparing any necessary documents and specifications and 475
evaluations of design-build or progressive design-build 476
proposals. 477
[17.] 15. The payment bond requirements of section 478
107.170 shall apply to [the] design-build [project] projects 479
and progressive design-build projects. All persons 480
furnishing design services shall be deemed to be covered by 481
the payment bond the same as any person furnishing labor and 482
materials. The performance bond for the design-builder 483
shall not cover any damages of the type specified to be 484
covered by the professional liability insurance established 485
by the political subdivision in the request for proposals. 486
[18.] 16. Any person or firm performing architectural, 487
engineering, landscape architecture, or land-surveying 488
services for the design-builder on the design-build project 489
or progressive design-build project shall be duly licensed 490
or authorized in this state to provide such services as 491
required by chapter 327. 492
[19.] 17. Any political subdivision engaged in a 493
project under this section which impacts a railroad 494
regulated by the Federal Railroad Administration shall 495
consult with the affected railroad on required 496
specifications relating to clearance, safety, insurance, and 497
indemnification to be included in the construction documents 498
for such project. 499
[20.] 18. Under section 327.465, any design-builder 500
that enters into a design-build contract or progressive 501
design-build contract with a political subdivision is exempt 502
from the requirement that such person or entity hold a 503
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license or that such corporation hold a certificate of 504
authority if the architectural, engineering, or land- 505
surveying services to be performed under the design-build 506
contract are performed through subcontracts or joint 507
ventures with properly licensed or authorized persons or 508
entities, and not performed by the design-builder or its own 509
employees. 510
[21.] 19. This section shall not apply to: 511
(1) Any metropolitan sewer district established under 512
Article VI, Section 30(a) of the Constitution of Missouri; or 513
(2) Any special charter city, or any city or county 514
governed by home rule under Article VI, Sections 18(a) to 515
18(r) or 19 of the Constitution of Missouri that has adopted 516
a design-build process or progressive design-build process 517
via ordinance, rule, or regulation. 518
71.012. 1. (1) Notwithstanding the provisions of 1
sections 71.015 and 71.860 to 71.920, the governing body of 2
any city, town or village may annex unincorporated areas 3
which are contiguous and compact to the existing corporate 4
limits of the city, town or village pursuant to this 5
section. 6
(2) The term "contiguous and compact" does not include 7
a situation whereby the unincorporated area proposed to be 8
annexed is contiguous to the annexing city, town or village 9
only by a railroad line, trail, pipeline or other strip of 10
real property less than one-quarter mile in width within the 11
city, town or village so that the boundaries of the city, 12
town or village after annexation would leave unincorporated 13
areas between the annexed area and the prior boundaries of 14
the city, town or village connected only by such railroad 15
line, trail, pipeline or other such strip of real property. 16
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(3) The term contiguous and compact shall include a 17
situation whereby the unincorporated area proposed to be 18
annexed would be contiguous and compact to the existing 19
corporate limits of the city, town, or village but for an 20
intervening state highway or interstate highway as defined 21
in section 304.001, or railroad right-of-way, regardless of 22
whether any other city, town, or village has annexed such 23
state or interstate highway or railroad right-of-way or 24
otherwise has an easement in such state or interstate 25
highway or railroad right-of-way. 26
(4) The term contiguous and compact does not prohibit 27
voluntary annexations pursuant to this section merely 28
because such voluntary annexation would create an island of 29
unincorporated area within the city, town or village, so 30
long as the owners of the unincorporated island were also 31
given the opportunity to voluntarily annex into the city, 32
town or village. 33
(5) For a city, town, or village in a county with more 34
than four hundred thousand but fewer than five hundred 35
thousand inhabitants or with more than two hundred thousand 36
but fewer than two hundred thirty thousand inhabitants, the 37
term "contiguous and compact" shall include a situation 38
whereby the unincorporated area proposed to be annexed is 39
contiguous to the annexing city, town, or village by at 40
least twenty-five percent of the length of the perimeter of 41
the area proposed for annexation. No such city, town, or 42
village shall annex an unincorporated area contiguous to any 43
unincorporated area annexed by the city, town, or village 44
within the last twenty-four months. 45
(6) Notwithstanding the provisions of this section, 46
the governing body of any city, town or village in any 47
county of the third classification which borders a county of 48
SCS HB 3000 64
the fourth classification, a county of the second 49
classification and the Mississippi River may annex areas 50
along a road or highway up to two miles from existing 51
boundaries of the city, town or village or the governing 52
body in any city, town or village in any county of the third 53
classification without a township form of government with a 54
population of at least twenty-four thousand inhabitants but 55
not more than thirty thousand inhabitants and such county 56
contains a state correctional center may voluntarily annex 57
such correctional center pursuant to the provisions of this 58
section if the correctional center is along a road or 59
highway within two miles from the existing boundaries of the 60
city, town or village. 61
(7) Notwithstanding any other provision of this 62
section to the contrary, a city with more than seventy-one 63
thousand but fewer than seventy-nine thousand inhabitants 64
that owns and operates an airport that is outside the 65
boundaries of such city may annex such airport regardless of 66
whether the boundaries of such airport are contiguous and 67
compact to the existing corporate limits of such city. 68
2. (1) When a notarized petition, requesting 69
annexation and signed by the owners of all fee interests of 70
record in all tracts of real property located within the 71
area proposed to be annexed, or a request for annexation 72
signed under the authority of the governing body of any 73
common interest community and approved by a majority vote of 74
unit owners located within the area proposed to be annexed 75
is presented to the governing body of the city, town or 76
village, the governing body shall hold a public hearing 77
concerning the matter not less than fourteen nor more than 78
sixty days after the petition is received, and the hearing 79
shall be held not less than seven days after notice of the 80
SCS HB 3000 65
hearing is published in a newspaper of general circulation 81
qualified to publish legal matters and located within the 82
boundary of the petitioned city, town or village. If no 83
such newspaper exists within the boundary of such city, town 84
or village, then the notice shall be published in the 85
qualified newspaper nearest the petitioned city, town or 86
village. For the purposes of this subdivision, the term 87
"common-interest community" shall mean a condominium as said 88
term is used in chapter 448, or a common-interest community, 89
a cooperative, or a planned community. 90
(a) A "common-interest community" shall be defined as 91
real property with respect to which a person, by virtue of 92
such person's ownership of a unit, is obliged to pay for 93
real property taxes, insurance premiums, maintenance or 94
improvement of other real property described in a 95
declaration. "Ownership of a unit" does not include a 96
leasehold interest of less than twenty years in a unit, 97
including renewal options; 98
(b) A "cooperative" shall be defined as a common- 99
interest community in which the real property is owned by an 100
association, each of whose members is entitled by virtue of 101
such member's ownership interest in the association to 102
exclusive possession of a unit; 103
(c) A "planned community" shall be defined as a common- 104
interest community that is not a condominium or a 105
cooperative. A condominium or cooperative may be part of a 106
planned community. 107
(2) At the public hearing any interested person, 108
corporation or political subdivision may present evidence 109
regarding the proposed annexation. If, after holding the 110
hearing, the governing body of the city, town or village 111
determines that the annexation is reasonable and necessary 112
SCS HB 3000 66
to the proper development of the city, town or village, and 113
the city, town or village has the ability to furnish normal 114
municipal services to the area to be annexed within a 115
reasonable time, it may, subject to the provisions of 116
subdivision (3) of this subsection, annex the territory by 117
ordinance without further action. 118
(3) If a written objection to the proposed annexation 119
is filed with the governing body of the city, town or 120
village not later than fourteen days after the public 121
hearing by at least five percent of the qualified voters of 122
the city, town or village, or two qualified voters of the 123
area sought to be annexed if the same contains two qualified 124
voters, the provisions of sections 71.015 and 71.860 to 125
71.920, shall be followed. 126
3. If no objection is filed, the city, town or village 127
shall extend its limits by ordinance to include such 128
territory, specifying with accuracy the new boundary lines 129
to which the city's, town's or village's limits are 130
extended. Upon duly enacting such annexation ordinance, the 131
city, town or village shall cause three certified copies of 132
the same to be filed with the county assessor and the clerk 133
of the county wherein the city, town or village is located, 134
and one certified copy to be filed with the election 135
authority, if different from the clerk of the county which 136
has jurisdiction over the area being annexed, whereupon the 137
annexation shall be complete and final and thereafter all 138
courts of this state shall take judicial notice of the 139
limits of that city, town or village as so extended. 140
4. That a petition requesting annexation is not or was 141
not verified or notarized shall not affect the validity of 142
an annexation heretofore or hereafter undertaken in 143
accordance with this section. 144
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5. Any action of any kind seeking to deannex from any 145
city, town, or village any area annexed under this section, 146
or seeking in any way to reverse, invalidate, set aside, or 147
otherwise challenge such annexation or oust such city, town, 148
or village from jurisdiction over such annexed area shall be 149
brought within five years of the date of adoption of the 150
annexation ordinance. 151
71.015. 1. Should any city, town, or village, not 1
located in any county of the first classification which has 2
adopted a constitutional charter for its own local 3
government, seek to annex an area to which objection is 4
made, the following shall be satisfied: 5
(1) Before the governing body of any city, town, or 6
village has adopted a resolution to annex any unincorporated 7
area of land, such city, town, or village shall first as a 8
condition precedent determine that: 9
(a) The land to be annexed is contiguous to the 10
existing city, town, or village limits and that the length 11
of the contiguous boundary common to the existing city, 12
town, or village limit and the proposed area to be annexed 13
is at least fifteen percent of the length of the perimeter 14
of the area proposed for annexation; or 15
(b) The land to be annexed would be contiguous and 16
compact to the existing city, town, or village limits but 17
for an intervening state highway or interstate highway as 18
defined in section 304.001, or railroad right-of-way, and 19
the shared border of the land to be annexed and existing 20
city, town, or village composes at least fifteen percent of 21
the total perimeter of the land to be annexed. For purposes 22
of calculating the length of such border under this 23
paragraph, the border between the land to be annexed and the 24
existing city, town, or village shall be deemed to be: 25
SCS HB 3000 68
a. If an intervening state highway or interstate 26
highway, the centerline; or 27
b. If a railroad right-of-way, the midpoint between 28
the outermost rails if there are rails or the best estimate 29
of the middle of the right-of-way if there are no rails; 30
(2) The governing body of any city, town, or village 31
shall propose an ordinance setting forth the following: 32
(a) The area to be annexed and affirmatively stating 33
that the boundaries comply with the condition precedent 34
referred to in subdivision (1) above; 35
(b) That such annexation is reasonable and necessary 36
to the proper development of the city, town, or village; 37
(c) That the city has developed a plan of intent to 38
provide services to the area proposed for annexation; 39
(d) That a public hearing shall be held prior to the 40
adoption of the ordinance; 41
(e) When the annexation is proposed to be effective, 42
the effective date being up to thirty-six months from the 43
date of any election held in conjunction thereto; 44
(3) The city, town, or village shall fix a date for a 45
public hearing on the ordinance and make a good faith effort 46
to notify all fee owners of record within the area proposed 47
to be annexed by certified mail, not less than thirty nor 48
more than sixty days before the hearing, and notify all 49
residents of the area by publication of notice in a 50
newspaper of general circulation qualified to publish legal 51
matters in the county or counties where the proposed area is 52
located, at least once a week for three consecutive weeks 53
prior to the hearing, with at least one such notice being 54
not more than twenty days and not less than ten days before 55
the hearing; 56
SCS HB 3000 69
(4) At the hearing referred to in subdivision (3) of 57
this subsection, the city, town, or village shall present 58
the plan of intent and evidence in support thereof to 59
include: 60
(a) A list of major services presently provided by the 61
city, town, or village including, but not limited to, police 62
and fire protection, water and sewer systems, street 63
maintenance, parks and recreation, and refuse collection; 64
(b) A proposed time schedule whereby the city, town, 65
or village plans to provide such services to the residents 66
of the proposed area to be annexed within three years from 67
the date the annexation is to become effective; 68
(c) The level at which the city, town, or village 69
assesses property and the rate at which it taxes that 70
property; 71
(d) How the city, town, or village proposes to zone 72
the area to be annexed; 73
(e) When the proposed annexation shall become 74
effective; 75
(5) Following the hearing, and either before or after 76
the election held in subdivision (6) of this subsection, 77
should the governing body of the city, town, or village vote 78
favorably by ordinance to annex the area, the governing body 79
of the city, town or village shall file an action in the 80
circuit court of the county in which such unincorporated 81
area is situated, under the provisions of chapter 527, 82
praying for a declaratory judgment authorizing such 83
annexation. The petition in such action shall state facts 84
showing: 85
(a) The area to be annexed and its conformity with the 86
condition precedent referred to in subdivision (1) of this 87
subsection; 88
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(b) That such annexation is reasonable and necessary 89
to the proper development of the city, town, or village; and 90
(c) The ability of the city, town, or village to 91
furnish normal municipal services of the city, town, or 92
village to the unincorporated area within a reasonable time 93
not to exceed three years after the annexation is to become 94
effective. Such action shall be a class action against the 95
inhabitants of such unincorporated area under the provisions 96
of section 507.070; 97
(6) Except as provided in subsection 3 of this 98
section, if the court authorizes the city, town, or village 99
to make an annexation, the legislative body of such city, 100
town, or village shall not have the power to extend the 101
limits of the city, town, or village by such annexation 102
until an election is held at which the proposition for 103
annexation is approved by a majority of the total votes cast 104
in the city, town, or village and by a separate majority of 105
the total votes cast in the unincorporated territory sought 106
to be annexed. However, should less than a majority of the 107
total votes cast in the area proposed to be annexed vote in 108
favor of the proposal, but at least a majority of the total 109
votes cast in the city, town, or village vote in favor of 110
the proposal, then the proposal shall again be voted upon in 111
not more than one hundred twenty days by both the registered 112
voters of the city, town, or village and the registered 113
voters of the area proposed to be annexed. If at least two- 114
thirds of the qualified electors voting thereon are in favor 115
of the annexation, then the city, town, or village may 116
proceed to annex the territory. If the proposal fails to 117
receive the necessary majority, no part of the area sought 118
to be annexed may be the subject of another proposal to 119
annex for a period of two years from the date of the 120
SCS HB 3000 71
election, except that, during the two-year period, the 121
owners of all fee interests of record in the area or any 122
portion of the area may petition the city, town, or village 123
for the annexation of the land owned by them pursuant to the 124
procedures in section 71.012. The elections shall if 125
authorized be held, except as herein otherwise provided, in 126
accordance with the general state law governing special 127
elections, and the entire cost of the election or elections 128
shall be paid by the city, town, or village proposing to 129
annex the territory; 130
(7) Failure to comply in providing services to the 131
said area or to zone in compliance with the plan of intent 132
within three years after the effective date of the 133
annexation, unless compliance is made unreasonable by an act 134
of God, shall give rise to a cause of action for 135
deannexation which may be filed in the circuit court by any 136
resident of the area who was residing in the area at the 137
time the annexation became effective; 138
(8) No city, town, or village which has filed an 139
action under this section as this section read prior to May 140
13, 1980, which action is part of an annexation proceeding 141
pending on May 13, 1980, shall be required to comply with 142
subdivision (5) of this subsection in regard to such 143
annexation proceeding; 144
(9) If the area proposed for annexation includes a 145
public road or highway but does not include all of the land 146
adjoining such road or highway, then such fee owners of 147
record, of the lands adjoining said highway shall be 148
permitted to intervene in the declaratory judgment action 149
described in subdivision (5) of this subsection. 150
2. Notwithstanding any provision of subsection 1 of 151
this section, for any annexation by any city with a 152
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population of three hundred fifty thousand or more 153
inhabitants which is located in more than one county that 154
becomes effective after August 28, 1994, if such city has 155
not provided water and sewer service to such annexed area 156
within three years of the effective date of the annexation, 157
a cause of action shall lie for deannexation, unless the 158
failure to provide such water and sewer service to the 159
annexed area is made unreasonable by an act of God. The 160
cause of action for deannexation may be filed in the circuit 161
court by any resident of the annexed area who is presently 162
residing in the area at the time of the filing of the suit 163
and was a resident of the annexed area at the time the 164
annexation became effective. If the suit for deannexation 165
is successful, the city shall be liable for all court costs 166
and attorney fees. 167
3. Notwithstanding the provisions of subdivision (6) 168
of subsection 1 of this section, all cities, towns, and 169
villages located in any county [of the first classification] 170
with a charter form of government with [a population of] two 171
hundred thousand or more inhabitants [which] that adjoins a 172
county with a population of nine hundred thousand or more 173
inhabitants shall comply with the provisions of this 174
subsection. If the court authorizes any city, town, or 175
village subject to this subsection to make an annexation, 176
the legislative body of such city, town or village shall not 177
have the power to extend the limits of such city, town, or 178
village by such annexation until an election is held at 179
which the proposition for annexation is approved by a 180
majority of the total votes cast in such city, town, or 181
village and by a separate majority of the total votes cast 182
in the unincorporated territory sought to be annexed; except 183
that: 184
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(1) In the case of a proposed annexation in any area 185
which is contiguous to the existing city, town or village 186
and which is within an area designated as flood plain by the 187
Federal Emergency Management Agency and which is inhabited 188
by no more than thirty registered voters and for which a 189
final declaratory judgment has been granted prior to January 190
1, 1993, approving such annexation and where notarized 191
affidavits expressing approval of the proposed annexation 192
are obtained from a majority of the registered voters 193
residing in the area to be annexed, the area may be annexed 194
by an ordinance duly enacted by the governing body and no 195
elections shall be required; and 196
(2) In the case of a proposed annexation of 197
unincorporated territory in which no qualified electors 198
reside, if at least a majority of the qualified electors 199
voting on the proposition are in favor of the annexation, 200
the city, town or village may proceed to annex the territory 201
and no subsequent election shall be required. 202
If the proposal fails to receive the necessary separate 203
majorities, no part of the area sought to be annexed may be 204
the subject of any other proposal to annex for a period of 205
two years from the date of such election, except that, 206
during the two-year period, the owners of all fee interests 207
of record in the area or any portion of the area may 208
petition the city, town, or village for the annexation of 209
the land owned by them pursuant to the procedures in section 210
71.012 [or 71.014]. The election shall, if authorized, be 211
held, except as otherwise provided in this section, in 212
accordance with the general state laws governing special 213
elections, and the entire cost of the election or elections 214
shall be paid by the city, town, or village proposing to 215
SCS HB 3000 74
annex the territory. Failure of the city, town or village 216
to comply in providing services to the area or to zone in 217
compliance with the plan of intent within three years after 218
the effective date of the annexation, unless compliance is 219
made unreasonable by an act of God, shall give rise to a 220
cause of action for deannexation which may be filed in the 221
circuit court not later than four years after the effective 222
date of the annexation by any resident of the area who was 223
residing in such area at the time the annexation became 224
effective or by any nonresident owner of real property in 225
such area. 226
4. Except for a cause of action for deannexation under 227
subdivision (2) of subsection 3 of this section, any action 228
of any kind seeking to deannex from any city, town, or 229
village any area annexed under this section, or seeking in 230
any way to reverse, invalidate, set aside, or otherwise 231
challenge such annexation or oust such city, town, or 232
village from jurisdiction over such annexed area shall be 233
brought within five years of the date of the adoption of the 234
annexation ordinance. 235
77.230. No person shall be mayor unless he or she be 1
at least thirty years of age, a citizen of the United States 2
and a resident of the county in which such city is located 3
at the time of and for two years next preceding his or her 4
election. When two or more persons shall have an equal 5
number of votes for the office of mayor, the matter shall be 6
determined by the council. 7
79.080. No person shall be mayor unless he or she be 1
at least twenty-five years of age, a citizen of the United 2
States and a resident of the county in which such city is 3
located at the time of and for at least one year next 4
preceding his or her election. 5
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82.1025. 1. Sections 82.1025, 82.1027 and 82.1030 1
apply to a nuisance located within the boundaries of: 2
(1) Any city not within a county; 3
(2) Any home rule city with at least three hundred 4
fifty thousand inhabitants which is located in more than one 5
county; 6
(3) Any home rule city with more than one hundred 7
sixty thousand but fewer than two hundred thousand 8
inhabitants; [or] 9
(4) Any home rule city with more than seventy-one 10
thousand but fewer than seventy-nine thousand inhabitants; or 11
(5) Any city with more than one hundred five thousand 12
but fewer than one hundred twenty-five thousand inhabitants. 13
2. Any property owner who owns property within one 14
thousand two hundred feet of a parcel of property that is 15
alleged to be a nuisance may bring a nuisance action under 16
this section against the offending property owner for the 17
amount of damage created by such nuisance to the value of 18
the petitioner's property, including diminution in value of 19
the petitioner's property, and court costs. 20
3. An action for injunctive relief to abate a nuisance 21
may be brought under this section by: 22
(1) Anyone who owns property within one thousand two 23
hundred feet to a property which is alleged to be a 24
nuisance; or 25
(2) A neighborhood organization, as defined in section 26
82.1027, on behalf of any person or persons who own property 27
within the boundaries of the neighborhood or neighborhoods 28
described in the articles of incorporation or bylaws of the 29
neighborhood organization and who could maintain a nuisance 30
action under this section or under the common law of private 31
nuisance, or on its own behalf with respect to a nuisance on 32
SCS HB 3000 76
property anywhere within the boundaries of the neighborhood 33
or neighborhoods. 34
4. An action shall not be brought under this section 35
until sixty days after the party who brings the action has 36
mailed notice of intent to bring an action under this 37
section, postage prepaid, to: 38
(1) The tenant, if any, or to "occupant" if the 39
identity of the tenant cannot be reasonably ascertained, at 40
the property's address; and 41
(2) The property owner of record at the last known 42
address of the property owner on file with the county or 43
city, or, if the property owner is a corporation or other 44
type of limited liability company, to the property owner's 45
registered agent at the agent's address of record; 46
that a nuisance exists and that legal action may be taken 47
against the owner of the property if the nuisance is not 48
eliminated within sixty days after the date on the mailed 49
notice. If the notice is returned unclaimed or refused, 50
designated by the post office to be undeliverable, or signed 51
for by a person other than the addressee, then adequate and 52
sufficient notice shall be provided by posting a copy of the 53
notice on the property where the nuisance allegedly is 54
occurring. A sworn affidavit by the person who mailed or 55
posted the notice describing the date and manner that notice 56
was given shall be sufficient evidence to establish that the 57
notice was given. The notice shall specify: 58
(a) The act or condition that constitutes the nuisance; 59
(b) The date the nuisance was first discovered; 60
(c) The address of the property and location on the 61
property where the act or condition that constitutes the 62
nuisance is allegedly occurring or exists; and 63
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(d) The relief sought in the action. 64
5. A copy of a notice of citation issued by the city 65
or county that shows the date the citation was issued shall 66
be prima facie evidence of whether and for how long the 67
property has been in violation of the code or ordinance 68
provisions described in the citation. 69
6. A proceeding under this section shall: 70
(1) Be heard at the earliest practicable date; and 71
(2) Be expedited in every way. 72
7. When a property owner or neighborhood organization 73
brings an action under this section for injunctive relief to 74
abate a nuisance, a prima facie case for injunctive relief 75
shall be made upon proof that a nuisance exists on the 76
property. An action for injunctive relief to abate a 77
nuisance shall be heard by the court without a jury and 78
shall not require proof that the party bringing the action 79
has sustained damage or loss as a result of the nuisance. 80
8. When a property owner or neighborhood organization 81
bringing the action prevails in such action, such property 82
owner or organization may be entitled to an award for 83
attorneys' fees and expenses, based on the amount of time 84
reasonably expended, as ordered by the court, which award 85
for attorneys' fees and expenses shall be entered as a 86
judgment against the owner of the property on which the act 87
or condition constituting the nuisance occurred or was 88
located. 89
9. In addition to any other penalties or costs 90
associated with the abatement of a nuisance that are imposed 91
pursuant to sections 82.1025 to 82.1031, any person or 92
entity that is not a resident of this state and who is an 93
owner of property found to have a code or ordinance 94
violation shall be subject to a civil fine of two thousand 95
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dollars per violation. Any property found to have a code or 96
ordinance violation and that is structurally unsafe or poses 97
a threat to persons or other property shall have such 98
nuisance abated within one year of the code or ordinance 99
violation. Any such property that is not abated within one 100
year, and any property with unpaid civil fines within two 101
years of the imposition of the fine shall be subject to sale 102
by the taxing jurisdiction in which the property is 103
located. The property shall be sold in an amount that will 104
satisfy the costs incurred for abating the property as well 105
as any outstanding civil fines. Such sale shall coincide 106
with the sale of delinquent properties under chapters 140 107
and 141. 108
108.240. 1. Before any general obligation bearer bond 1
or general obligation registered bond, hereafter issued by 2
any county, township, city, town, village or school district 3
or special road district or fire protection district or by 4
virtue of the provisions of chapters 243, 245, 248, and 5
sections 242.010 to 242.690 for any purpose whatever, shall 6
obtain validity or be negotiated: 7
(1) If such bonds are in bearer form, such bonds shall 8
first be presented to the state auditor, who, other 9
provisions of law notwithstanding, shall certify by manual 10
or facsimile endorsement of such bonds that all conditions 11
of the laws have been complied with in its issue, if that be 12
the case, and also that the conditions of the contract, 13
under which they were ordered to be issued, have also been 14
complied with and the evidence of that fact shall be filed 15
and preserved by the auditor. The state auditor may endorse 16
bearer bonds with the auditor's facsimile signature in lieu 17
of manual signature after filing the auditor's manual 18
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signature, certified by the auditor under oath, with the 19
secretary of state; and 20
(2) If such bonds are in registered form, the 21
proceedings relating to the issuance of such registered 22
bonds shall first be presented to the state auditor, who 23
shall examine the same and shall issue a certificate that 24
such proceedings comply with all conditions of the laws, if 25
that be the case, and also that the conditions of the 26
contract, under which they were ordered to be issued, have 27
also been complied with, and the evidence of these facts 28
shall be filed and preserved by the auditor. The state 29
auditor shall also maintain the following information: the 30
name of the issuer of the bonds; the amount thereof; the 31
maturity dates thereof; the interest rates thereon; and the 32
provisions with respect to prepayment, if any. 33
2. Such bearer bonds after receiving the said 34
certificate of the auditor as herein provided and such 35
registered bonds after the issuance of the said certificate 36
as herein provided shall thereafter be held in every action, 37
suit or proceeding in which their validity is, or may be, 38
brought into question, prima facie, valid and binding 39
obligations, and in every action brought to enforce 40
collection of such bonds, the certificate of such auditor, 41
or a duly certified copy thereof, shall be admitted and 42
received in evidence of the validity of such bonds, together 43
with the coupons thereto attached if any; provided, the only 44
defense which can be offered against the validity of such 45
bonds shall be for forgery or fraud. But this section shall 46
not be construed to give validity to any such bonds as may 47
be issued in excess of the limit fixed by the constitution, 48
or contrary to its provisions, but all such bonds shall, to 49
the extent of such excess, be held void; and provided 50
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further, that the remedy of injunction shall also lie at the 51
instance of any taxpayer of the respective county, city, 52
town, village, township or school district or special road 53
district or fire protection district or drainage district or 54
levy district to prevent the registration of any bonds, 55
alleged to be illegally issued or funded. 56
3. For purposes of subsection 1 of this section, once 57
the time period set forth in section 115.557 has expired, if 58
no election contest has been brought, all conditions of 59
chapter 115 shall be deemed as having been complied with in 60
the issuance of the bond. 61
115.127. 1. Except as provided in subsection 4 of 1
this section, upon receipt of notice of a special election 2
to fill a vacancy submitted pursuant to subsection 2 of 3
section 115.125, the election authority shall cause legal 4
notice of the special election to be published in a 5
newspaper of general circulation in its jurisdiction. The 6
notice shall include the name of the officer or agency 7
calling the election, the date and time of the election, the 8
name of the office to be filled and the date by which 9
candidates must be selected or filed for the office. Within 10
one week prior to each special election to fill a vacancy 11
held in its jurisdiction, the election authority shall cause 12
legal notice of the election to be published in two 13
newspapers of different political faith and general 14
circulation in the jurisdiction. The legal notice shall 15
include the date and time of the election, the name of the 16
officer or agency calling the election and a sample ballot. 17
If there is only one newspaper of general circulation in the 18
jurisdiction, the notice shall be published in the newspaper 19
within one week prior to the election. If there are two or 20
more newspapers of general circulation in the jurisdiction, 21
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but no two of opposite political faith, the notice shall be 22
published in any two of the newspapers within one week prior 23
to the election. 24
2. Except as provided in subsections 1 and 4 of this 25
section and in sections 115.521, 115.549 and 115.593, the 26
election authority shall cause legal notice of each election 27
held in its jurisdiction to be published. The notice shall 28
be published in two newspapers of different political faith 29
and qualified pursuant to chapter 493 which are published 30
within the bounds of the area holding the election. If 31
there is only one so-qualified newspaper, then notice shall 32
be published in only one newspaper. If there is no 33
newspaper published within the bounds of the election area, 34
then the notice shall be published in two qualified 35
newspapers of different political faith serving the area. 36
Notice shall be published twice[, the first publication 37
occurring in the second week prior to the election, and the 38
second publication occurring] within [one week] six weeks 39
prior to the election. Each such legal notice shall include 40
the date and time of the election, the name of the officer 41
or agency calling the election and a sample ballot; and, 42
unless notice has been given as provided by section 115.129, 43
the second publication of notice of the election shall 44
include the location of polling places. The election 45
authority may provide any additional notice of the election 46
it deems desirable. 47
3. The election authority shall print the official 48
ballot as the same appears on the sample ballot, and no 49
candidate's name or ballot issue which appears on the sample 50
ballot or official printed ballot shall be stricken or 51
removed from the ballot except on death of a candidate or by 52
court order, but in no event shall a candidate or issue be 53
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stricken or removed from the ballot less than eight weeks 54
before the date of the election. 55
4. In lieu of causing legal notice to be published 56
twice in accordance with any of the provisions of this 57
chapter, the election authority [in jurisdictions which have 58
less than seven hundred fifty registered voters and in which 59
no newspaper qualified pursuant to chapter 493 is 60
published,] may cause legal notice to be mailed [during the 61
second week prior to the election, by first class mail,] 62
within six weeks prior to the election to each registered 63
voter at the voter's voting address and published once in 64
one or more newspapers in the county. An election authority 65
may exclude from this mailing any voter that is designated 66
as an inactive voter pursuant to section 115.193. All such 67
legal notices shall include the date and time of the 68
election, the location of the polling place, the name of the 69
officer or agency calling the election and a sample ballot. 70
5. If the opening date for filing a declaration of 71
candidacy for any office in a political subdivision or 72
special district is not required by law or charter, the 73
opening filing date shall be 8:00 a.m., the seventeenth 74
Tuesday prior to the election. If the closing date for 75
filing a declaration of candidacy for any office in a 76
political subdivision or special district is not required by 77
law or charter, the closing filing date shall be 5:00 p.m., 78
the fourteenth Tuesday prior to the election. The political 79
subdivision or special district calling an election shall, 80
before the seventeenth Tuesday, prior to any election at 81
which offices are to be filled, notify the general public of 82
the opening filing date, the office or offices to be filled, 83
the proper place for filing and the closing filing date of 84
the election. Such notification may be accomplished by 85
SCS HB 3000 83
legal notice published in at least one newspaper of general 86
circulation in the political subdivision or special district. 87
6. Except as provided for in sections 115.247 and 88
115.359, if there is no additional cost for the printing or 89
reprinting of ballots or if the candidate agrees to pay any 90
printing or reprinting costs, a candidate who has filed for 91
an office or who has been duly nominated for an office may, 92
at any time after the certification of the notice of 93
election required in subsection 1 of section 115.125 but no 94
later than 5:00 p.m. on the eighth Tuesday before the 95
election, withdraw as a candidate pursuant to a court order, 96
which, except for good cause shown by the election authority 97
in opposition thereto, shall be freely given upon 98
application by the candidate to the circuit court of the 99
area of such candidate's residence. 100
137.016. 1. As used in Section 4(b) of Article X of 1
the Missouri Constitution, the following terms mean: 2
(1) "Residential property"[,]: 3
(a) All real property improved by a structure which is 4
used or intended to be used for residential living by human 5
occupants[,]; 6
(b) Vacant land in connection with an airport[,]; 7
(c) Land used as a golf course[,]; 8
(d) Manufactured home parks[,]; 9
(e) Bed and breakfast inns in which the owner resides 10
and uses as a primary residence with six or fewer rooms for 11
rent[, and]; 12
(f) Time -share units as defined in section 407.600, 13
except to the extent such units are actually rented and 14
subject to sales tax under subdivision (6) of subsection 1 15
of section 144.020[, but]; and 16
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(g) Any single family home owned by an individual or 17
business that is leased for a term of less than thirty 18
consecutive days, in whole or in part, subject to sales tax 19
under subdivision (6) of subsection 1 of section 144.020, 20
provided that the provisions of this paragraph may not apply 21
to such properties in excess of fifteen such properties 22
owned by the same individual or business. For the purposes 23
of this paragraph, the term "business" shall mean a sole 24
proprietor, partnership, or limited liability company. For 25
the purposes of this paragraph for determining the number of 26
single family homes leased for a term of less than thirty 27
consecutive days, in whole or in part, subject to sales tax 28
under subdivision (6) of subsection 1 of section 144.020 29
owned by an individual or business, all single family homes 30
that are such properties owned by the individual or 31
business, or owned by any business entity in which such 32
individual or business holds any ownership, membership, or 33
beneficial interest, direct or indirect, shall be counted. 34
The provisions of this paragraph shall not be construed to 35
authorize the classification of any real property owned by a 36
corporation as residential property; 37
Residential property shall not include other similar 38
facilities used primarily for transient housing. A single 39
family home owned by a sole proprietor, individual, 40
partnership, or limited liability company that is leased for 41
a term of less than thirty consecutive days, in whole or in 42
part, subject to sales tax under subdivision (6) of 43
subsection 1 of section 144.020 shall be classified only as 44
residential property. For the purposes of this section, 45
"transient housing" means all rooms available for rent or 46
lease for which the receipts from the rent or lease of such 47
SCS HB 3000 85
rooms are subject to state sales tax pursuant to subdivision 48
(6) of subsection 1 of section 144.020; the leasing of a 49
single family home, in whole or in part, for a term of less 50
than thirty consecutive days does not, in itself, constitute 51
"transient housing"; 52
(2) "Agricultural and horticultural property", all 53
real property used for agricultural purposes and devoted 54
primarily to the raising and harvesting of crops; to the 55
feeding, breeding and management of livestock which shall 56
include breeding, showing, and boarding of horses; to 57
dairying, or to any other combination thereof; and buildings 58
and structures customarily associated with farming, 59
agricultural, and horticultural uses. Agricultural and 60
horticultural property shall also include land devoted to 61
and qualifying for payments or other compensation under a 62
soil conservation or agricultural assistance program under 63
an agreement with an agency of the federal government. 64
Agricultural and horticultural property shall further 65
include any reliever airport. Real property classified as 66
forest croplands shall not be agricultural or horticultural 67
property so long as it is classified as forest croplands and 68
shall be taxed in accordance with the laws enacted to 69
implement Section 7 of Article X of the Missouri 70
Constitution. Agricultural and horticultural property shall 71
also include any sawmill or planing mill defined in the U.S. 72
Department of Labor's Standard Industrial Classification 73
(SIC) Manual under Industry Group 242 with the SIC number 74
2421. Agricultural and horticultural property shall also 75
include urban and community gardens. For the purposes of 76
this section, "urban and community gardens" shall include 77
real property cultivated by residents of a neighborhood or 78
community for the purposes of providing agricultural 79
SCS HB 3000 86
products, as defined in section 262.900, for the use of 80
residents of the neighborhood or community, and shall not 81
include a garden intended for individual or personal use; 82
(3) "Utility, industrial, commercial, railroad and 83
other real property", all real property used directly or 84
indirectly for any commercial, mining, industrial, 85
manufacturing, trade, professional, business, or similar 86
purpose, including all property centrally assessed by the 87
state tax commission but shall not include floating docks, 88
portions of which are separately owned and the remainder of 89
which is designated for common ownership and in which no one 90
person or business entity owns more than five individual 91
units. All other real property not included in the property 92
listed in subclasses (1) and (2) of Section 4(b) of Article 93
X of the Missouri Constitution, as such property is defined 94
in this section, shall be deemed to be included in the term 95
"utility, industrial, commercial, railroad and other real 96
property". 97
2. Pursuant to Article X of the state Constitution, 98
any taxing district may adjust its operating levy to recoup 99
any loss of property tax revenue, except revenues from the 100
surtax imposed pursuant to Article X, Subsection 2 of 101
Section 6 of the Constitution, as the result of changing the 102
classification of structures intended to be used for 103
residential living by human occupants which contain five or 104
more dwelling units if such adjustment of the levy does not 105
exceed the highest tax rate in effect subsequent to the 1980 106
tax year. For purposes of this section, loss in revenue 107
shall include the difference between the revenue that would 108
have been collected on such property under its 109
classification prior to enactment of this section and the 110
amount to be collected under its classification under this 111
SCS HB 3000 87
section. The county assessor of each county or city not 112
within a county shall provide information to each taxing 113
district within its boundaries regarding the difference in 114
assessed valuation of such property as the result of such 115
change in classification. 116
3. All reclassification of property as the result of 117
changing the classification of structures intended to be 118
used for residential living by human occupants which contain 119
five or more dwelling units shall apply to assessments made 120
after December 31, 1994. 121
4. Where real property is used or held for use for 122
more than one purpose and such uses result in different 123
classifications, the county assessor shall allocate to each 124
classification the percentage of the true value in money of 125
the property devoted to each use; except that, where 126
agricultural and horticultural property, as defined in this 127
section, also contains a dwelling unit or units, the farm 128
dwelling, appurtenant residential-related structures and up 129
to five acres immediately surrounding such farm dwelling 130
shall be residential property, as defined in this section, 131
provided that the portion of property used or held for use 132
as an urban and community garden shall not be residential 133
property. This subsection shall not apply to any reliever 134
airport. 135
5. All real property which is vacant, unused, or held 136
for future use; which is used for a private club, a not-for- 137
profit or other nonexempt lodge, club, business, trade, 138
service organization, or similar entity; or for which a 139
determination as to its classification cannot be made under 140
the definitions set out in subsection 1 of this section, 141
shall be classified according to its immediate most suitable 142
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economic use, which use shall be determined after 143
consideration of: 144
(1) Immediate prior use, if any, of such property; 145
(2) Location of such property; 146
(3) Zoning classification of such property; except 147
that, such zoning classification shall not be considered 148
conclusive if, upon consideration of all factors, it is 149
determined that such zoning classification does not reflect 150
the immediate most suitable economic use of the property; 151
(4) Other legal restrictions on the use of such 152
property; 153
(5) Availability of water, electricity, gas, sewers, 154
street lighting, and other public services for such property; 155
(6) Size of such property; 156
(7) Access of such property to public thoroughfares; 157
and 158
(8) Any other factors relevant to a determination of 159
the immediate most suitable economic use of such property. 160
6. All lands classified as forest croplands shall not, 161
for taxation purposes, be classified as subclass (1), 162
subclass (2), or subclass (3) real property, as such classes 163
are prescribed in Section 4(b) of Article X of the Missouri 164
Constitution and defined in this section, but shall be taxed 165
in accordance with the laws enacted to implement Section 7 166
of Article X of the Missouri Constitution. 167
7. An assessor shall not reclassify any real property 168
from one subclass of real property to another subclass of 169
real property without first providing written notice to the 170
owner of record of such property and offering an opportunity 171
for an in-person consultation with the owner of record. 172
140.010. 1. All real estate upon which the taxes 1
remain unpaid on the first day of January, annually, are 2
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delinquent, and the county collector shall enforce the lien 3
of the state thereon, as required by this chapter. Any 4
failure to properly return the delinquent list, as required 5
by this chapter, in no way affects the validity of the 6
assessment and levy of taxes, nor of the foreclosure and 7
sale by which the collection of the taxes is enforced, nor 8
in any manner affects the lien of the state on the 9
delinquent real estate for the taxes unpaid thereon. 10
2. Alternatively, any county may, by adoption of a 11
resolution or order of the county commission of such county, 12
elect to operate under the provisions of sections 141.210 to 13
141.810 for any parcel [for which there is an unpaid tax 14
bill for a period of at least two years after the date on 15
which it became delinquent]. Any county electing to operate 16
as such shall be called a "partial opt-in county". No 17
county eligible to establish a land bank agency under 18
subsection 1 of section 140.981 shall elect to operate as a 19
partial opt-in county unless the county first elects to 20
establish a land bank agency as provided in subsection 1 of 21
section 140.981. In accordance with section 141.290, after 22
the adoption of such resolution or order by a county 23
commission, the collector of the county shall decide which 24
tax delinquent parcels shall proceed according to the 25
provisions of sections 141.210 to 141.810. Such parcels 26
shall be exempt from the provisions of sections 140.030 to 27
140.722. The collector shall remove such parcels from any 28
list of parcels advertised for first, second, third, or post- 29
third sales. 30
140.190. 1. On the day mentioned in the notice, the 1
county collector shall commence the sale of such lands, and 2
shall continue the same from day to day until each parcel 3
assessed or belonging to each person assessed shall be sold 4
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as will pay the taxes, interest, and charges thereon, or 5
chargeable to such person in said county. 6
2. (1) The person or land bank agency offering at 7
said sale to pay the required sum for a tract shall be 8
considered the purchaser of such land; provided, no sale 9
shall be made to any person or designated agent who: 10
(a) Is currently delinquent on any tax payments on any 11
property, other than a delinquency on the property being 12
offered for sale, and who does not sign an affidavit stating 13
such at the time of sale. Failure to sign such affidavit as 14
well as signing a false affidavit may invalidate such sale; 15
(b) Is a member of the governing body of a land bank 16
agency; 17
(c) Is an employee of a land bank agency; 18
(d) Is an elected or appointed official of the 19
governing body, or an employee of such official, of the 20
political subdivision in which a land bank agency is 21
located; or 22
(e) Is related within the second degree of 23
consanguinity to a person described in paragraphs (b) to (d) 24
of this subdivision. 25
(2) No bid shall be received from any person not a 26
resident of the state of Missouri or a foreign corporation 27
or entity all deemed nonresidents. A nonresident shall file 28
with said collector an agreement in writing consenting to 29
the jurisdiction of the circuit court of the county in which 30
such sale shall be made, and also filing with such collector 31
an appointment of some citizen of said county as agent of 32
said nonresident, and consenting that service of process on 33
such agent shall give such court jurisdiction to try and 34
determine any suit growing out of or connected with such 35
sale for taxes. After the delinquent auction sale, any 36
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certificate of purchase shall be issued to the agent. After 37
meeting the requirements of section 140.405, the property 38
shall be conveyed to the agent on behalf of the nonresident, 39
and the agent shall thereafter convey the property to the 40
nonresident. A collector may preclude a prospective bidder 41
from participating in a sale for failure to comply with any 42
of the provisions of this section. 43
3. All such written consents to jurisdiction and 44
selective appointments shall be preserved by the county 45
collector and shall be binding upon any person or 46
corporation claiming under the person consenting to 47
jurisdiction and making the appointment herein referred to; 48
provided further, that in the event of the death, disability 49
or refusal to act of the person appointed as agent of said 50
nonresident the county clerk shall become the appointee as 51
agent of said nonresident. 52
4. No person residing in any home rule city with more 53
than seventy-one thousand but fewer than seventy-nine 54
thousand inhabitants shall be eligible to offer to purchase 55
lands under this section unless such person has, no later 56
than ten days before the sale date, demonstrated to the 57
satisfaction of the official charged by law with conducting 58
the sale that the person is not the owner of any parcel of 59
real property that has two or more violations of the 60
municipality's building or housing codes. A prospective 61
bidder may make such a demonstration by presenting 62
statements from the appropriate collection and code 63
enforcement officials of the municipality. This subsection 64
shall not apply to any taxing authority or land bank agency, 65
and entities shall be eligible to bid at any sale conducted 66
under this section without making such a demonstration. 67
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140.250. 1. Whenever any lands have been or shall 1
hereafter be offered for sale for delinquent taxes, 2
interest, penalty, and costs by the collector of the proper 3
county for any two successive years and no person shall have 4
bid therefor a sum equal to the delinquent taxes thereon, 5
interest, penalty and costs provided by law, then such 6
county collector shall at the next regular tax sale of lands 7
for delinquent taxes sell same to the highest bidder, except 8
the highest bid shall not be less than the sum equal to the 9
delinquent taxes, interest, penalties, and costs, and there 10
shall be a ninety-day period of redemption from such sales 11
as specified in section 140.405. 12
2. A certificate of purchase shall be issued as to 13
such sales, and the purchaser at such sales shall be 14
entitled to the issuance and delivery of a collector's deed 15
upon completion of title search action as specified in 16
section 140.405. 17
3. If any lands or lots are not sold at such third 18
offering, then the collector shall advertise or offer such 19
lands or lots for sale once every thirty days. 20
4. A purchaser at any sale subsequent to the third 21
offering of any land or lots, whether by the collector or a 22
trustee as provided in section 140.260, shall be entitled to 23
the immediate issuance and delivery of a collector's deed 24
and there shall be no period of redemption from such post- 25
third year sales; provided, however, before any purchaser at 26
a sale to which this section is applicable shall be entitled 27
to a collector's deed it shall be the duty of the collector 28
to demand, and the purchaser to pay, in addition to the 29
purchaser's bid, all taxes due and unpaid on such lands or 30
lots that become due and payable on such lands or lots 31
subsequent to the date of the taxes included in such 32
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advertisement and sale. The collector's deed or trustee's 33
deed shall have priority over all other liens or 34
encumbrances on the property sold except for real property 35
taxes. 36
5. A purchaser at any sale subsequent to the third 37
offering of any land or lots, whether by the collector or a 38
trustee as provided in section 140.260, may elect to proceed 39
under subsection 1 of this section and subsection 6 of 40
section 140.405 by giving notice to the collector prior to 41
the issuance of a collector's deed. 42
6. In the event the real purchaser at any sale to 43
which this section is applicable shall be the owner of the 44
lands or lots purchased, or shall be obligated to pay the 45
taxes for the nonpayment of which such lands or lots were 46
sold, then no collector's deed shall be issued to such 47
purchaser, or to anyone acting for or on behalf of such 48
purchaser, without payment to the collector of such 49
additional amount as will discharge in full all delinquent 50
taxes, penalty, interest and costs. 51
140.420. If no person shall redeem the lands sold for 1
taxes prior to the expiration of the right to redeem, at the 2
expiration thereof, and on production of the certificate of 3
purchase and upon proof satisfactory to the collector that a 4
purchaser or the purchaser's heirs, successors, or assigns 5
are authorized to acquire the deed: 6
(1) The collector of the county in which the sale of 7
such lands took place shall execute to the purchaser or the 8
purchaser's heirs or assigns, in the name of the state, a 9
conveyance of the real estate so sold, which shall vest in 10
the grantee an absolute estate in fee simple, subject, 11
however, to all claims thereon for unpaid taxes except such 12
unpaid taxes, existing at time of the purchase of said lands 13
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and the lien for which taxes was inferior to the lien for 14
taxes for which said tract or lot of land was sold; and 15
(2) The state of Missouri or any person, taxing 16
authority, tax district, judgment creditor, or lienholder 17
that had a right, title, interest, claim, or equity of 18
redemption on or to the lands or that had a lien upon the 19
lands shall be barred and forever foreclosed of such 20
unclaimed right, title, interest, claim, or equity of 21
redemption in or to the lands and of any lien upon the lands. 22
140.980. 1. Sections 140.980 to 140.1015 shall be 1
known [and may be cited] as the "Chapter 140 Land Bank Act". 2
2. As used in sections 140.980 to 140.1015, the 3
following terms mean: 4
(1) "Land bank agency", an agency established by a 5
county or municipality under the authority of section 6
140.981; 7
(2) "Land taxes", taxes on real property or real 8
estate, including the taxes both on the land and the 9
improvements thereon; 10
(3) "Municipality", any incorporated city, town, or 11
village in this state; 12
(4) "Political subdivision", any county, city, town, 13
village, school district, library district, or any other 14
public subdivision or public corporation that has the power 15
to tax; 16
(5) "Reserve period taxes", land taxes assessed 17
against any parcel of real estate sold or otherwise disposed 18
of by a land bank agency for the first three tax years 19
following such sale or disposition; 20
(6) "Tax bill", real estate taxes and the lien 21
thereof, whether general or special, levied and assessed by 22
any taxing authority; 23
SCS HB 3000 95
(7) "Taxing authority", any governmental, managing, 24
administering, or other lawful authority, now or hereafter 25
empowered by law to issue tax bills. 26
140.981. 1. Any county with more than one million 1
inhabitants may establish a land bank agency for the 2
management, sale, transfer, and other disposition of 3
interests in real estate owned by such land bank agency. 4
Any such county may establish a land bank agency by 5
ordinance, resolution, or rule, as applicable. Such 6
ordinance, resolution, or rule shall specify the name of the 7
land bank agency. No county in which a land bank agency has 8
been established under the provisions of sections 141.980 to 9
141.1015 shall elect to establish a land bank agency under 10
this section. 11
2. Any municipality with more than one thousand five 12
hundred inhabitants not located within a county with more 13
than one million inhabitants may establish a land bank 14
agency for the management, sale, transfer, and other 15
disposition of interests in real estate owned by such land 16
bank agency. A municipality may establish a land bank 17
agency by ordinance, resolution, or rule, as applicable. 18
3. A land bank agency shall not own any interest in 19
real estate located wholly or partially outside the [city] 20
municipality or county that established the land bank. 21
4. A land bank agency shall be established for the 22
purpose of returning land, including land that is in a non- 23
revenue-generating, non-tax-producing status, to use in 24
private ownership, or for public use. 25
5. A land bank agency created under the chapter 140 26
land bank act shall be a public body corporate and politic 27
and shall have permanent and perpetual duration until 28
SCS HB 3000 96
terminated and dissolved in accordance with the provisions 29
of section 140.1012. 30
140.982. 1. If a county establishes a land bank 1
agency under subsection 1 of section 140.981, the members of 2
the first board of directors of a land bank agency shall be 3
appointed within ninety days after the effective date of the 4
ordinance, resolution, or rule passed establishing such land 5
bank agency. [If any appointing authority fails to make any 6
appointment of a board member within the time the first 7
appointments are required, the appointment shall be made by 8
the county council.] The following requirements shall apply 9
to the board of directors: 10
(1) The board of directors shall consist of seven 11
members appointed by the county executive under the 12
authority vested in that office by the county charter: 13
(a) Two of whom shall [be appointed by the county 14
executive, one of whom shall] have professional expertise 15
relevant to the land bank agency; 16
(b) One of whom shall [be appointed by the member of 17
the county council representing the] represent the county 18
council of the district with the highest number of tax 19
delinquent parcels. Such board member shall maintain a 20
primary residence within such district; 21
(c) One of whom shall [be appointed by the member of 22
the county council representing the] represent the county 23
council of the district with the second highest number of 24
tax delinquent parcels. Such board member shall maintain a 25
primary residence within such district; 26
(d) One of whom shall [be appointed by consensus of 27
the county executive and the president of] represent the 28
municipal league of the county; and 29
SCS HB 3000 97
(e) Two of whom shall be resident representatives. 30
Resident representatives shall be appointed by a majority 31
vote of the other board members, and each resident 32
representative shall maintain a primary residence within one 33
of the twenty municipalities containing the highest 34
percentage of tax delinquent parcels; 35
(2) The term of office of a member shall be four 36
years. Each member's primary residence shall be in the 37
county that has established the land bank agency. Each 38
member serves at the pleasure of the member's appointing 39
authority, may be an employee of the appointing authority, 40
and shall serve without compensation; 41
(3) No public officer shall be eligible to serve as a 42
board member. For purposes of this subdivision, "public 43
officer" means a person who is holding an elected public 44
office. Any public employee shall be eligible to serve as a 45
board member; 46
(4) The members of the board shall select annually 47
from among themselves a chair, a vice chair, a treasurer, 48
and such other officers as the board may determine and shall 49
establish the officers' duties, as may be regulated by rules 50
adopted by the board; 51
(5) The board shall establish rules and requirements 52
relative to the attendance and participation of members in 53
its meetings, regular or special. Such rules and 54
regulations may prescribe a procedure whereby, if any member 55
fails to comply with such rules and regulations, such member 56
may be disqualified and removed automatically from office by 57
no less than a majority vote of the remaining members of the 58
board, and that member's position shall be vacant as of the 59
first day of the next calendar month. Any person removed 60
under the provisions of this subdivision shall be ineligible 61
SCS HB 3000 98
for reappointment to the board unless such reappointment is 62
confirmed unanimously by the board; 63
(6) A vacancy on the board shall be filled in the same 64
manner as the original appointment[. If any appointing 65
authority fails to make any appointment of a board member 66
within sixty days after any term expires, the appointment 67
shall be made by the county council] within sixty days and 68
shall be done in compliance with the county charter; 69
(7) Board members shall serve without compensation. 70
The board may reimburse any member for expenses actually 71
incurred in the performance of duties on behalf of the land 72
bank agency; 73
(8) The board shall have the power to organize and 74
reorganize the executive, administrative, clerical, and 75
other departments of the land bank agency and to fix the 76
duties, powers, and compensation of all employees, agents, 77
and consultants of the land bank agency; 78
(9) The board shall meet in regular session according 79
to a schedule adopted by the board and also shall meet in 80
special session as convened by the chair or upon written 81
notice signed by a majority of the members. The presence of 82
a majority of total membership, excluding vacancies, shall 83
constitute a quorum; 84
(10) All actions of the board shall be approved by the 85
affirmative vote of a majority of the members of that board 86
present and voting. However, no action of the board shall 87
be authorized on the following matters unless approved by a 88
majority of the total board membership: 89
(a) Adoption, amendment, or repeal of bylaws and other 90
rules and regulations for conduct of the land bank agency's 91
business; 92
SCS HB 3000 99
(b) Hiring or firing of any employee or contractor of 93
the land bank agency. This function may, by majority vote, 94
be delegated by the board to a specified officer or 95
committee of the land bank agency under such terms and 96
conditions and to the extent that the board may specify; 97
(c) Adoption or amendment of the annual budget; and 98
(d) Sale, encumbrance, or alienation of real property, 99
improvements, or personal property; 100
(11) The governing body of the county establishing a 101
land bank agency may incur debt, including, without 102
limitation, borrowing moneys and issuing bonds, notes, or 103
other obligations to provide funding for the land bank 104
agency; 105
(12) Members of a board shall not be liable personally 106
on the bonds or other obligations of the land bank agency, 107
and the rights of creditors shall be solely against such 108
land bank agency; and 109
(13) Vote by proxy shall not be permitted. Any member 110
may request a recorded vote on any resolution or action of 111
the land bank agency. 112
2. If a municipality establishes a land bank agency 113
under subsection 1 of section 140.981, the ordinance, 114
resolution, or rule, as applicable, may specify the 115
following: 116
(1) The name of the land bank agency; 117
(2) The number of members of the board of directors, 118
which shall consist of an odd number of members and shall be 119
no fewer than five members nor more than eleven members; 120
(3) The initial individuals to serve as members of the 121
board of directors and the length of terms for which the 122
members are to serve; and 123
SCS HB 3000 100
(4) The qualifications, manner of selection or 124
appointment, powers, and terms of office of members of the 125
board. 126
3. A land bank agency may employ a secretary, an 127
executive director, its own counsel and legal staff, 128
technical experts, and other agents and employees, permanent 129
or temporary, as it may require and may determine the 130
qualifications and fix the compensation and benefits of such 131
persons. A land bank agency may also enter into contracts 132
and agreements with political subdivisions for staffing 133
services to be provided to the land bank agency by political 134
subdivisions or agencies or departments thereof, or for a 135
land bank agency to provide such staffing services to 136
political subdivisions or agencies or departments thereof. 137
140.983. A land bank agency established under the 1
chapter 140 land bank act shall have all powers necessary or 2
appropriate to carry out and effectuate the purposes and 3
provisions of the chapter 140 land bank act, including the 4
following powers in addition to those herein otherwise 5
granted: 6
(1) To adopt, amend, and repeal bylaws for the 7
regulation of its affairs and the conduct of its business; 8
(2) To sue and be sued, in its own name, and plead and 9
be impleaded in all civil actions including, but not limited 10
to, actions to clear title to property of the land bank 11
agency; 12
(3) To adopt a seal and to alter the same at pleasure; 13
(4) To borrow from the political subdivision 14
establishing the land bank agency, as may be necessary for 15
the operation and work of the land bank agency; 16
(5) To procure insurance or guarantees from political 17
subdivisions, the state, the federal government, or any 18
SCS HB 3000 101
other public or private sources of the payment of any bond, 19
note, loan, or other obligation, or portion thereof, 20
incurred by the land bank agency and to pay any fees or 21
premiums in connection therewith; 22
(6) To enter into contracts and other instruments 23
necessary, incidental, or convenient to the performance of 24
its duties and the exercise of its powers including, but not 25
limited to, agreements with other land bank agencies and 26
with political subdivisions for the joint exercise of powers 27
under this chapter; 28
(7) To enter into contracts and other instruments 29
necessary, incidental, or convenient to: 30
(a) The performance of functions by the land bank 31
agency on behalf of political subdivisions, or agencies or 32
departments thereof; or 33
(b) The performance by political subdivisions, or 34
agencies or departments thereof, of functions on behalf of 35
the land bank agency; 36
(8) To make and execute contracts and other 37
instruments necessary or convenient to the exercise of the 38
powers of the land bank agency; 39
(9) To procure insurance against losses in connection 40
with the property, assets, or activities of the land bank 41
agency; 42
(10) To invest the [moneys] money of the land bank 43
agency in the same manner as moneys are invested by the 44
state treasurer, including amounts deposited in reserve or 45
sinking funds, at the discretion of the land bank agency in 46
obligations or property determined proper by the land bank 47
agency and to name and use depositories for its moneys; 48
(11) To enter into contracts for the management of or 49
the sale of the property of the land bank agency; 50
SCS HB 3000 102
(12) To design, develop for public use, construct, 51
demolish, reconstruct, rehabilitate, renovate, relocate, 52
equip, furnish, and otherwise improve real property or 53
rights or interests in real property held by the land bank 54
agency; 55
(13) To acquire property, whether by purchase, 56
exchange, gift, lease, or otherwise, except not property not 57
wholly located in the county or municipality that 58
established the land bank agency; to grant or acquire 59
licenses and easements; and to sell, grant an option with 60
respect to, or otherwise dispose of, any property of the 61
land bank agency; 62
(14) To enter into partnerships, joint ventures, and 63
other collaborative relationships with political 64
subdivisions and other public and private entities for the 65
management, development, and disposition of real property, 66
except not for property not wholly located in the county or 67
municipality that established the land bank agency; and 68
(15) Subject to the other provisions of this chapter 69
and all other applicable laws, to do all other things 70
necessary or convenient to achieve the objectives and 71
purposes of the land bank agency or other laws that relate 72
to the purposes and responsibility of the land bank agency. 73
140.984. 1. The income of a land bank agency shall be 1
exempt from all taxation by the state and by any of its 2
political subdivisions. Upon acquiring title to any real 3
estate, a land bank agency shall immediately notify the 4
county assessor and the county collector of such ownership; 5
all taxes, special taxes, fines, and fees on such real 6
estate shall be deemed satisfied by transfer to the land 7
bank agency; and such property shall be exempt from all 8
taxation during the land bank agency's ownership thereof, in 9
SCS HB 3000 103
the same manner and to the same extent as any other publicly 10
owned real estate. Upon the sale or other disposition of 11
any real estate held by it, the land bank agency shall 12
immediately notify the county assessor and the county 13
collector of such change of ownership. However, that such 14
tax exemption for improved and occupied real property held 15
by the land bank agency as a lessor pursuant to a ground 16
lease shall terminate upon the first occupancy[, and]. The 17
land bank agency shall immediately notify the county 18
assessor and the county collector of such occupancy. 19
2. A land bank agency may acquire real property by 20
gift, devise, transfer, exchange, foreclosure, purchase, or 21
pursuant to sections 141.560 to 141.580 or section 141.819, 22
except a land bank agency shall not acquire property located 23
partially or wholly outside the boundaries of the county or 24
municipality that established such land bank agency. 25
3. A land bank agency may acquire property by purchase 26
contracts, lease purchase agreements, installment sales 27
contracts, and land contracts and may accept transfers from 28
political subdivisions upon such terms and conditions as 29
agreed to by the land bank agency and the political 30
subdivision. A land bank agency may bid on any parcel of 31
real estate offered for sale, offered at a foreclosure sale 32
under sections 140.220 to 140.250, offered at a sale 33
conducted under section 140.190, 140.240, or 140.250, or 34
offered at a foreclosure sale under section 141.550. 35
Notwithstanding any other law to the contrary, any political 36
subdivision may transfer to the land bank agency real 37
property and interests in real property of the political 38
subdivision on such terms and conditions and according to 39
such procedures as determined by the political subdivision. 40
SCS HB 3000 104
4. A land bank agency shall maintain all of its real 41
property in accordance with the laws and ordinances of the 42
jurisdictions in which the real property is located. 43
5. Upon issuance of a deed to a parcel of real estate 44
to a land bank agency under subsection 4 of section 140.250, 45
subsection 5 of section 140.405, other sale conducted under 46
section 140.190, 140.240, or 140.250, or section 141.550, 47
the land bank agency shall pay only the amount of the land 48
bank agency's bid that exceeds the amount of all tax bills 49
included in the judgment, interest, penalties, attorney's 50
fees, taxes, and costs then due thereon. If the real estate 51
is acquired in a delinquent land tax auction under 52
subsection 4 of section 140.250, subsection 5 of section 53
140.405, or other sale conducted under section 140.190, 54
140.240, or 140.250, such excess shall be applied and 55
distributed in accordance with section 140.230. If the real 56
estate is acquired in a delinquent land tax auction under 57
section 141.550, such excess shall be applied and 58
distributed in accordance with subsections 3 and 4 of 59
section 141.580, exclusive of subdivision (3) of subsection 60
3 of section 141.580. Upon issuance of a deed, the county 61
collector shall mark the tax bills included in the judgment 62
as "cancelled by sale to the land bank" and shall take 63
credit for the full amount of such tax bills, including 64
principal amount, interest, penalties, attorney's fees, and 65
costs, on the county collector's books and in the county 66
collector's statements with any other taxing authorities. 67
6. A land bank shall not own real property unless the 68
property is wholly located within the boundaries of the 69
county or municipality that established the land bank agency. 70
7. Within one year of the effective date of the 71
ordinance, resolution, or rule passed establishing a 72
SCS HB 3000 105
municipal land bank agency under subsection 2 of section 73
140.981, the title to any real property that is located 74
wholly within the municipality that created the land bank 75
agency and that is held by a land trust created under 76
subsection 1 of section 141.819 shall be transferred by deed 77
from the land trust to such land bank agency, at the land 78
bank agency's request. 79
140.985. 1. A land bank agency shall hold in its own 1
name all real property acquired by such land bank agency, 2
irrespective of the identity of the transferor of such 3
property. 4
2. A land bank agency shall maintain and make 5
available for public review and inspection an inventory and 6
history of all real property the land bank agency holds or 7
formerly held. This inventory and history shall be 8
available on the land bank agency's website and include at a 9
minimum: 10
(1) Whether a parcel is available for sale; 11
(2) The address of the parcel if an address has been 12
assigned; 13
(3) The parcel number if no address has been assigned; 14
(4) The month and year that a parcel entered the land 15
bank agency's inventory; 16
(5) Whether a parcel has sold; 17
(6) If a parcel has sold, the name of the person or 18
entity to which it was sold; and 19
(7) Whether the parcel was acquired by the land bank 20
agency through judicial foreclosure, nonjudicial 21
foreclosure, donation, or some other manner. 22
3. The land bank agency shall determine and set forth 23
in policies and procedures the general terms and conditions 24
for consideration to be received by the land bank agency for 25
SCS HB 3000 106
the transfer of real property and interests in real 26
property. Consideration may take the form of monetary 27
payments and secured financial obligations, covenants, and 28
conditions related to the present and future use of the 29
property; contractual commitments of the transferee; and 30
such other forms of consideration as the land bank agency 31
determines to be in the best interest of the land bank 32
agency. 33
4. A land bank agency may convey, exchange, sell, 34
transfer, grant, release and demise, pledge, and hypothecate 35
any and all interests in, upon, or to property of the land 36
bank agency. A land bank agency may gift any interest in, 37
upon, or to property to the county or municipality that 38
established the land bank agency. 39
5. A county or municipality may, in its resolution, 40
ordinance, or rule creating a land bank agency, establish a 41
hierarchical ranking of priorities for the use of real 42
property conveyed by such land bank agency, including, but 43
not limited to: 44
(1) Use for purely public spaces and places; 45
(2) Use as wildlife conservation areas; 46
(3) Use as a green field area; and 47
(4) To return to private use. 48
If a county or municipality, in its resolution, ordinance, 49
or rule creating a land bank agency, establishes priorities 50
for the use of real property conveyed by the land bank 51
agency, such priorities shall be consistent with and no more 52
restrictive than municipal planning and zoning ordinances. 53
6. The land bank agency may delegate to officers and 54
employees the authority to enter into and execute 55
agreements, instruments of conveyance, and all other related 56
SCS HB 3000 107
documents pertaining to the conveyance of property by the 57
land bank agency. 58
7. Any property sold by a land bank agency that was 59
acquired through purchase, transfer, exchange, or gift shall 60
be sold. 61
8. When any parcel of real estate acquired by a land 62
bank agency is sold or otherwise disposed of by such land 63
bank agency, the proceeds therefrom shall be applied and 64
distributed in the following order: 65
(1) To the payment of the expenses of the sale; 66
(2) To fulfill the requirements of the resolution, 67
indenture, or other financing documents adopted or entered 68
into in connection with bonds, notes, or other obligations 69
of the land bank agency, to the extent that such 70
requirements may apply with respect to such parcel of real 71
estate; 72
(3) To the land bank agency to pay the salaries and 73
other expenses of such land bank agency and of its employees 74
as provided for in its annual budget; and 75
(4) Any funds in excess of those necessary to meet the 76
expenses of the annual budget of the land bank agency in any 77
fiscal year and a reasonable sum to carry over into the next 78
fiscal year to assure that sufficient funds will be 79
available to meet initial expenses for that next fiscal year 80
shall be paid to the respective taxing authorities that, at 81
the time of the distribution, are taxing the real property 82
from which the proceeds are being distributed. The 83
distributions shall be in proportion to the amounts of the 84
taxes levied on the properties by the taxing authorities. 85
Distribution shall be made on January first and July first 86
of each year, and at such other times as the land bank 87
agency may determine. 88
SCS HB 3000 108
140.986. 1. No later than five years from the date it 1
acquired the property, a land bank agency shall either sell, 2
put to a productive use, or show significant progress 3
towards selling or putting the property to a productive use 4
[a parcel of real property]. A productive use may be 5
demolishing all structures of the property or using the 6
property for a community garden, park, or other open public 7
space. No later than eight years from the date it acquired 8
the property, a land bank agency shall sell, clear, or put 9
such property to public use. 10
2. The governing body of the county or municipality 11
may grant the land bank agency a one-year extension if the 12
body determines by a majority vote that unforeseen 13
circumstances have delayed the sale or productive use of a 14
parcel of property. 15
3. If a land bank agency owns a parcel of real 16
property that does not have a productive use after five 17
years, or does not receive an extension under subsection 2 18
of this section, the property shall be offered for public 19
sale using the procedures under sections 140.170 to 140.190. 20
140.987. 1. A land bank agency shall require that any 1
buyer demonstrate that the buyer is not the owner of any 2
parcel of real estate within the county or municipality that 3
created the land bank agency for which a tax bill has been 4
delinquent for more than one year or is in violation of any 5
municipal building or housing code[, and is not the original 6
owner or relative of such owner within the second degree of 7
consanguinity of the parcel sold, transferred, exchanged, or 8
gifted to the land bank agency]. 9
2. No foreign or domestic corporation or limited 10
liability company that has failed to appoint or maintain a 11
registered agent under chapter 347 or 351 shall be eligible 12
SCS HB 3000 109
to buy property from the land bank agency. No foreign 13
corporate entity shall be eligible to buy property from the 14
land bank agency unless it has a certificate of authority to 15
transact business in Missouri under section 351.572. 16
3. As a condition of the sale or other authorized 17
conveyance of ownership of any parcel of land owned by the 18
land bank agency to a private owner, such owner may be 19
required to enter into a contract, which may be secured by a 20
deed of trust in favor of the land bank agency, stipulating 21
that such owner or the owner's successor agrees that such 22
owner or the owner's successor make certain improvements to 23
the parcel. If the land bank agency finds by resolution 24
that the terms of the contract have not been satisfied, the 25
land bank agency shall be authorized to bring suit to 26
recover damages for the breach and to seek a judicial 27
foreclosure of the parcel under sections 443.190 to 443.260, 28
except that upon final judgment of the court, title shall 29
revert to the land bank agency without necessity of sale. 30
As an alternative to, or in addition to, seeking a judicial 31
foreclosure, the land bank agency may, only by gift, assign 32
or convey its right to foreclose under sections 443.190 to 33
443.260 to any 501(c)(3) tax-exempt nonprofit organization 34
or exercise the right of reentry under chapter 524, 527, or 35
534. The land bank agency or its assignee shall assume 36
title to the land by filing a copy of the judgment with the 37
recorder of deeds in the county where the property is 38
located. Any property redeemed by the land bank agency 39
under the provisions of this section shall be administered 40
in the same manner as other property sold to the land bank 41
agency. 42
140.988. 1. (1) A land bank agency may receive 1
funding through grants and gifts from political 2
SCS HB 3000 110
subdivisions, the state, the federal government, and other 3
public and private sources. 4
(2) A land bank agency may receive funding through 5
gifts from any source, provided that the land bank agency 6
shall not sell or otherwise transfer by any means any real 7
property held by the land bank agency to the entity from 8
which the land bank agency received a gift [pursuant to this 9
subdivision]. 10
2. Except as otherwise provided in subsection 7 of 11
section 140.985, a land bank agency may receive and retain 12
payments for services rendered, for consideration for 13
disposition of real and personal property, for proceeds of 14
insurance coverage for losses incurred, for income from 15
investments, and for any other asset and activity lawfully 16
permitted to a land bank agency under the chapter 140 land 17
bank act. 18
3. If a land bank agency sells or otherwise disposes 19
of a parcel of real estate held by it, any land taxes 20
assessed against such parcel for the three tax years 21
following such sale or disposition by such land bank agency 22
that are collected by the county collector in a calendar 23
year and not refunded, less the fees provided under section 24
52.260 and subsection 4 of this section and less the amounts 25
to be deducted under section 137.720, shall be distributed 26
by the county collector to such land bank agency no later 27
than March first of the following calendar year, provided 28
that land taxes impounded under section 139.031 or otherwise 29
paid under protest shall not be subject to distribution 30
under this subsection. Any amount required to be 31
distributed to a land bank agency under this subsection 32
shall be subject to offset for amounts previously 33
SCS HB 3000 111
distributed to such land bank agency that were assessed, 34
collected, or distributed in error. 35
4. In addition to any other provisions of law related 36
to collection fees, the county collector shall collect on 37
behalf of the county a fee of four percent of reserve period 38
taxes collected and such fees collected shall be deposited 39
in the county general fund. 40
5. If a county has established a land bank agency 41
under subsection 1 of section 140.981, the collector may 42
collect on behalf of the county a fee for the collection of 43
delinquent and back taxes of up to five percent on all sums 44
collected to be added to the face of the tax bill and 45
collected from the party paying the tax. All fees collected 46
under the provisions of this subsection shall be paid to the 47
land bank agency established under subsection 1 of section 48
140.981. 49
140.991. 1. There shall be an annual audit of the 1
affairs, accounts, expenses, and financial transactions of a 2
land bank agency by a certified public accountant before 3
April thirtieth of each year, which accountant shall be 4
employed by the land bank agency on or before March first of 5
each year. Certified copies of the audit shall be furnished 6
to the county or municipality that established the land bank 7
agency, and the county or municipality shall post the audit 8
on its [public] website. Copies of the audit shall also be 9
available for public inspection at the office of the land 10
bank agency. 11
2. The land bank agency may be performance audited at 12
any time by the state auditor or by the auditor of the 13
county or municipality that established the land bank 14
agency. The land bank agency shall make copies of such 15
audit available to the public and shall post a copy of the 16
SCS HB 3000 112
audit on the land bank agency's website within thirty days 17
of the completion of the audit. 18
140.994. 1. A land bank agency shall have power to 1
receive funds from bonds issued by the county or 2
municipality that created the land bank agency, for any of 3
its [corporate] purposes. The bonds shall be special, 4
limited obligations of the county or municipality that 5
created the land bank agency, the principal of and interest 6
on which shall be payable solely from the income and revenue 7
derived from the sale, or other disposition of the assets of 8
the land bank agency, or such portion thereof as may be 9
designated in the resolution, indenture, or other financing 10
documents relating to the issuance of the bonds. 11
2. Bonds issued pursuant to this section shall not be 12
deemed to be an indebtedness within the meaning of any 13
constitutional or statutory limitation upon the incurring of 14
indebtedness. The bonds shall not constitute a debt, 15
liability, or obligation of the state or a pledge of the 16
full faith and credit or the taxing power of the state and 17
the bonds shall contain a recital to that effect. Neither 18
the members of the board nor any person executing the bonds 19
shall be liable personally on the bonds by reason of the 20
issuance thereof. 21
3. Bonds issued pursuant to this section shall be 22
authorized by resolution of the governing body of the county 23
or municipality establishing the land bank agency, shall be 24
issued in such form, shall be in such denominations, shall 25
bear interest at such rate or rates, shall mature on such 26
dates and in such manner, shall be subject to redemption at 27
such times and on such terms, and shall be executed by one 28
or more members of the governing body of the county or 29
municipality establishing the land bank agency, as provided 30
SCS HB 3000 113
in the resolution authorizing the issuance thereof or as set 31
out in the indenture or other financing document authorized 32
and approved by such resolution. The governing body of the 33
county or municipality establishing the land bank agency may 34
sell such bonds in such manner, either at public or at 35
private sale, and for such price as the governing body of 36
the county or municipality establishing the land bank agency 37
may determine to be in the best interests of the land bank 38
agency. 39
4. A governing body of the county or municipality 40
establishing the land bank agency may from time to time, as 41
authorized by resolution of the governing body, issue 42
refunding bonds for the purpose of refunding, extending, and 43
unifying all or any part of its valid outstanding bonds. 44
Such refunding bonds may be payable from any of the sources 45
identified in subsection 1 of this section and from the 46
investment of any of the proceeds of the refunding bonds. 47
5. The bonds issued by the governing body of the 48
county or municipality establishing the land bank agency 49
shall be negotiable instruments under chapter 400. 50
6. Bonds issued under this section and all income or 51
interest thereon shall be exempt from all state taxes. 52
7. The governing body of the county or municipality 53
establishing the land bank agency shall have the power to 54
issue temporary notes upon the same terms and subject to all 55
provisions and restrictions applicable to bonds under this 56
section. Such notes issued by the governing body may be 57
refunded by notes or bonds authorized under this section. 58
140.995. Notwithstanding any provision of sections 1
140.980 to 140.995 to the contrary, a land bank agency may 2
rent or lease property held by the land bank agency for any 3
community, noncommercial, or agricultural uses. 4
SCS HB 3000 114
140.1000. 1. No board member or employee of a land 1
bank agency shall receive any compensation, emolument, or 2
other profit directly or indirectly from the rental, 3
management, acquisition, sale, demolition, repair, 4
rehabilitation, use, operation, ownership, or disposition of 5
any [lands] property held by such land bank agency other 6
than the salaries, expenses, and emoluments provided for in 7
the chapter 140 land bank act. 8
2. No member of the board or employee of a land bank 9
agency shall own, directly or indirectly, any legal or 10
equitable interest in or to any lands held by such land bank 11
agency other than the salaries, expenses, and emoluments 12
provided for in sections 140.980 to 140.1015. 13
3. A violation of this section is a class D felony. 14
4. The land bank agency may adopt supplemental rules 15
and regulations addressing potential conflicts of interest 16
and ethical guidelines for board members and land bank 17
agency employees, provided that such rules and regulations 18
are not inconsistent with this chapter or any other 19
applicable law. 20
5. Any person who is related to a board member or 21
employee of a land bank agency within the second degree of 22
consanguinity or affinity shall be considered a board member 23
or employee of a land bank agency for purposes of this 24
section and subject to its provisions. 25
140.1009. 1. A land bank agency shall be authorized 1
to file an action to quiet title under section 527.150 [as 2
to] for any real property in which the land bank agency has 3
an interest. For purposes of any and all such actions, the 4
land bank agency shall be deemed to be the holder of 5
sufficient legal and equitable interests, and possessory 6
SCS HB 3000 115
rights, so as to qualify the land bank agency as an adequate 7
petitioner in such action. 8
2. Prior to the filing of an action to quiet title, 9
the land bank agency shall conduct an examination of title 10
to determine the identity of any and all persons and 11
entities possessing a claim or interest in or to the real 12
property. Service of the petition to quiet title shall be 13
provided to all such interested parties by the following 14
methods: 15
(1) Registered or certified mail to such identity and 16
address as reasonably ascertainable by an inspection of 17
public records; 18
(2) In the case of occupied real property, by first 19
class mail addressed to "Occupant"; 20
(3) By posting a copy of the notice on the real 21
property; 22
(4) By publication in a newspaper of general 23
circulation in the county or municipality in which the 24
property is located; and 25
(5) Such other methods as the court may order or as 26
may be required by prevailing motions of due process. 27
3. As part of the petition to quiet title, the land 28
bank agency shall file an affidavit identifying all parties 29
potentially having an interest in the real property and the 30
form of notice provided. 31
4. The court shall schedule a hearing on the petition 32
within ninety days following filing of the petition and, as 33
to all matters upon which an answer was not filed by an 34
interested party, the court shall issue its final judgment 35
within one hundred twenty days of the filing of the petition. 36
SCS HB 3000 116
5. A land bank agency shall be authorized to join in a 37
single petition to quiet title one or more parcels of real 38
property. 39
140.1012. 1. A land bank agency shall be dissolved as 1
a public body corporate and politic no sooner than sixty 2
calendar days, but no later than one hundred eighty calendar 3
days, after an ordinance or resolution for such dissolution 4
is passed by the county or municipality that established the 5
land bank agency. 6
2. [No less than sixty calendar days' advance written 7
notice of consideration of] If such an ordinance or 8
resolution of dissolution is being considered, no less than 9
sixty calendar days advance written notice shall be given to 10
the land bank agency, shall be published in a local 11
newspaper of general circulation within such county or 12
municipality, and shall be sent certified mail to each 13
trustee of any outstanding bonds of the land bank agency. 14
3. No land bank agency shall be dissolved while there 15
remains any outstanding bonds, notes, or other obligations 16
of the land bank agency unless such bonds, notes, or other 17
obligations are paid or defeased pursuant to the resolution, 18
indenture, or other financing document under which such 19
bonds, notes, or other obligations were issued prior to or 20
simultaneously with such dissolution. Once all outstanding 21
bonds, notes, or other obligations are satisfied, no new 22
property shall be purchased by, gifted to, traded to, or 23
exchanged with the land bank agency. No further debts or 24
other obligations shall be incurred other than that which is 25
necessary to sell or put to public use any remaining 26
property held by the land bank agency. The land bank agency 27
shall be dissolved within thirty days after all outstanding 28
bonds, notes, or other obligations are satisfied. 29
SCS HB 3000 117
4. Upon dissolution of a land bank agency pursuant to 30
this section, all real property, personal property, and 31
other assets of the land bank agency shall be transferred by 32
appropriate written instrument to and shall become the 33
assets of the county or municipality that established the 34
land bank agency. Such county or municipality shall act 35
expeditiously to return such real property to the tax rolls 36
and shall market and sell such real property using an open, 37
public method that ensures the best possible prices are 38
realized while ensuring such real property is returned to a 39
suitable, productive use for the betterment of the 40
neighborhood in which such real property is located. Upon 41
the sale or other disposition of any such property by such 42
county or municipality, the proceeds therefrom shall be 43
applied and distributed in the following order: 44
(1) To the payment of the expenses of sale; 45
(2) To the reasonable costs incurred by such county or 46
municipality in maintaining and marketing such property; and 47
(3) The balance shall be paid to the respective taxing 48
authorities that, at the time of the distribution, are 49
taxing the real property from which the proceeds are being 50
distributed. 51
141.220. The following words, terms and definitions, 1
when used in sections 141.210 to 141.810 and sections 2
141.980 to 141.1015, shall have the meanings ascribed to 3
them in this section, except where the text clearly 4
indicates a different meaning: 5
(1) "Ancillary parcel" shall mean a parcel of real 6
estate acquired by a land bank agency other than: 7
(a) Pursuant to a deemed sale under subsection 3 of 8
section 141.560; 9
SCS HB 3000 118
(b) By deed from a land trust under subsection 1 of 10
section 141.984; or 11
(c) Pursuant to a sale under subdivision (2) of 12
subsection 2 of section 141.550; 13
(2) "Appraiser" shall mean a state licensed or 14
certified appraiser licensed or certified pursuant to 15
chapter 339 who is not an employee of the collector or 16
collection authority; 17
(3) "Board" or "board of commissioners" shall mean the 18
board of commissioners of a land bank agency; 19
(4) "Collector" shall mean the collector of the 20
revenue in any county affected by sections 141.210 to 21
141.810 and sections 141.980 to 141.1015; 22
(5) "County" shall mean any county in this state; 23
(6) "Court" shall mean the circuit court of any county 24
affected by sections 141.210 to 141.810 and sections 141.980 25
to 141.1015; 26
(7) "Delinquent land tax attorney" shall mean a 27
licensed attorney-at-law, employed or designated by the 28
collector as hereinafter provided; 29
(8) "Interested party", shall mean any person with a 30
legal interest in a parcel of land affected by sections 31
141.210 to 141.810 and sections 141.980 to 141.1015. 32
Interested party shall not include: 33
(a) The holder of the benefit or burden of any 34
easement or right of way; 35
(b) The holder of a benefit or burden of a real 36
covenant; or 37
(c) A leasehold owner of subsurface mineral, gas, or 38
oil rights whose interest is properly recorded and whose 39
interest shall remain unaffected; 40
SCS HB 3000 119
(9) "Land bank agency", shall mean [an] any agency 41
created under section 141.980; 42
(10) "Land taxes" shall mean taxes on real property or 43
real estate and shall include the taxes both on land and the 44
improvements thereon; 45
(11) "Land trustees" and "land trust" shall mean the 46
land trustees and land trust as the same are created by and 47
described in section 141.700; 48
(12) "Municipality" shall include any incorporated 49
city or town, or a part thereof, located in whole or in part 50
within a county; 51
(13) "Person" shall mean any individual, firm, 52
copartnership, joint adventure, association, corporation, 53
estate, trust, business trust, receiver or trustee appointed 54
by any state or federal court, trustee otherwise created, 55
syndicate, or any other group or combination acting as a 56
unit, and the plural as well as the singular number; 57
(14) "Political subdivision" shall mean any county, 58
city, town, village, school district, library district, or 59
any other public subdivision or public corporation having 60
the power to tax; 61
(15) "Reserve period taxes" shall mean land taxes 62
assessed against any parcel of real estate sold or otherwise 63
disposed of by a land bank agency for the first three tax 64
years following such sale or disposition; 65
(16) "School district", "road district", "water 66
district", "sewer district", "levee district", "drainage 67
district", "special benefit district", "special assessment 68
district", or "park district" shall include those located 69
within a county as such county is described in this section; 70
(17) "Sheriff" and "circuit clerk" shall mean the 71
sheriff and circuit clerk, respectively, of any county 72
SCS HB 3000 120
affected by sections 141.210 to 141.810 and sections 141.980 73
to 141.1015; 74
(18) "Tax bill" as used in sections 141.210 to 141.810 75
and sections 141.980 to 141.1015 shall represent real estate 76
taxes and the lien thereof, whether general or special, 77
levied and assessed by any taxing authority; 78
(19) "Tax district" shall mean the state of Missouri 79
and any county, municipality, school district, road 80
district, water district, sewer district, levee district, 81
drainage district, special benefit district, special 82
assessment district, or park district, located in any 83
municipality or county as herein described; 84
(20) "Tax lien" shall mean the lien of any tax bill as 85
defined in this section; 86
(21) "Taxing authority" shall include any 87
governmental, managing, administering or other lawful 88
authority, now or hereafter empowered by law to issue tax 89
bills, the state of Missouri or any county, municipality, 90
school district, road district, water district, sewer 91
district, levee district, drainage district, special benefit 92
district, special assessment district, or park district, 93
affected by sections 141.210 to 141.810 and sections 141.980 94
to 141.1015. 95
141.230. 1. The land tax collection law shall apply 1
to all counties that have elected to operate under the 2
provisions of sections 141.210 to 141.810 by adoption of a 3
resolution or order of the county commission of such county. 4
2. Alternatively, any county may, by adoption of a 5
resolution or order of the county commission of such county, 6
elect to operate under the provisions of sections 141.210 to 7
141.810 as a partial opt-in county. After adoption of any 8
such resolution or order, the collector for such county may 9
SCS HB 3000 121
elect to operate under the provisions of sections 141.210 to 10
141.810 for any parcel [or parcels for which there is an 11
unpaid tax bill for a period of at least two years after the 12
date on which it became delinquent]. 13
3. No county eligible to establish a land bank agency 14
under subsection 1 of section 140.981 shall elect to operate 15
as a partial opt-in county unless having first elected to 16
establish a land bank agency as provided in subsection 1 of 17
section 140.981. 18
4. Any county commission so adopting such resolution 19
or order shall file a certified copy thereof within ten days 20
after the adoption of said resolution or order with the 21
clerk of the county commission and with the collector of 22
revenue for such county, and with the mayor and city 23
collector or chief financial officer of each municipality in 24
such county, as defined by section 141.220. 25
5. After the adoption of such resolution or order by 26
such county commission, each municipality shall cooperate 27
with such county under the provisions of sections 141.210 to 28
141.810. Any such county which shall, in the manner 29
provided herein, have elected to come within the provisions 30
of sections 141.210 to 141.810, in whole or in part, by 31
adoption of such resolution, order or ordinance, may, after 32
a period of one year from the effective date of such 33
resolution, order or ordinance, adopt by similar means a 34
resolution, order or ordinance, rescinding the election to 35
adopt the provisions of the land tax collection law and 36
certified copies of such resolution, order or ordinance 37
shall be filed in the same manner as said original 38
resolution, order or ordinance; provided, that such 39
resolution, order or ordinance rescinding or nullifying the 40
election to adopt the provisions of sections 141.210 to 41
SCS HB 3000 122
141.810 shall not become effective for one year thereafter 42
nor shall it invalidate or in any way affect any proceedings 43
in rem for foreclosure which may have been instituted under 44
the provisions of sections 141.210 to 141.810, but all such 45
actions and proceedings so instituted while the provisions 46
of said sections were in full force and effect shall be 47
prosecuted to their conclusion and completion; provided 48
further, that any county which may have operated under 49
sections 141.210 to 141.810 prior to the enactment of this 50
section may hereafter elect to terminate any further 51
operation under sections 141.210 to 141.810 by proceeding in 52
manner and form and to the same effect as though it had 53
originally elected to operate under the provisions of 54
sections 141.210 to 141.810. 55
6. Any municipality located partly within a county 56
electing to operate in whole or in part under the provisions 57
of sections 141.210 to 141.810 shall cooperate with such 58
county under the provisions of sections 141.210 to 141.810; 59
provided, however, that tax bills imposed against real 60
estate located in that part of such municipality outside of 61
the limits of any such county shall be collected under other 62
provisions as may be provided by law. 63
141.250. 1. The respective liens of the tax bills for 1
general taxes of the state of Missouri, the county, any 2
municipality, and any school district, for the same tax 3
year, shall be equal and first liens upon the real estate 4
described in the respective tax bills thereof; provided, 5
however, that the liens of such tax bills for the latest 6
year for which tax bills are unpaid shall take priority over 7
the liens of tax bills levied and assessed for less recent 8
years, and the lien of such tax bills shall rate in priority 9
in the order of the years for which the tax bills are 10
SCS HB 3000 123
delinquent, the lien of the tax bill longest delinquent 11
being junior in priority to the lien of the tax bill for the 12
next most recent tax year. 13
2. All tax bills for other than general taxes shall 14
constitute liens junior to the liens for general taxes upon 15
the real estate described therein; provided, however, that a 16
tax bill for other than general taxes, of the more recent 17
issue shall likewise be senior to any such tax bill of less 18
recent date. 19
3. The proceeds derived from the sale of any lands 20
encumbered with a tax lien or liens shall be distributed to 21
the owners of such liens in the order of the seniority of 22
the liens. Those holding liens of equal rank shall share in 23
direct proportion to the amounts of their respective liens. 24
141.270. 1. On or before the fifth day of January in 1
each year, all taxing authorities and any other tax bill 2
owner shall file a list with the collector [a list] on a 3
form approved by the collector of all parcels of real estate 4
affected by tax liens held and owned by such taxing 5
authority or person which have been delinquent for two years 6
or more. Such list shall also include all delinquent tax 7
bills for any and all years. 8
2. The taxing authority or person filing such list 9
shall pay to the collector a filing fee of one dollar and 10
fifty cents for each parcel of real estate described 11
therein, which fee shall be charged against each parcel and 12
collected and accounted for by the collector as other costs. 13
3. No school district nor any other taxing authority 14
whose taxes are required by law to be collected by the 15
collector shall file any list nor pay the filing fee herein 16
provided. 17
SCS HB 3000 124
4. If the taxes of any taxing authority are two or 18
more years delinquent, the other taxing authorities and 19
other tax bill owners shall include in the said list all 20
tax liens against the said parcel, even though the taxes are 21
not two years delinquent. 22
141.290. 1. The collector shall compile lists of all 1
state, county, school, and other tax bills collectible by 2
the collector that are delinquent according to the 3
collector's records, and the collector shall combine such 4
lists with the list filed by any taxing authority or tax 5
bill owner. 6
2. For partial opt-in counties, the collector shall 7
decide which tax delinquent parcels shall proceed according 8
to the provisions contained [herein] in this chapter. The 9
remaining parcels shall proceed under such other provisions 10
as may be provided by law. 11
3. The collector shall assign a serial number to each 12
parcel of real estate in each list and if suit has been 13
filed in the circuit court of the county on any delinquent 14
tax bill included in any list, the collector shall give the 15
court docket number of such suit and some appropriate 16
designation of the place where such suit is pending, and 17
such pending suit so listed in any petition filed pursuant 18
to the provisions of sections 141.210 to 141.810 and 19
sections 141.980 to 141.1015 shall, without further 20
procedure or court order, be deemed to be consolidated with 21
the suit brought under sections 141.210 to 141.810 and 22
sections 141.980 to 141.1015, and such pending suit shall 23
thereupon be abated. 24
4. The collector shall deliver such combined lists to 25
the delinquent land tax attorney from time to time but not 26
later than April first of each year. 27
SCS HB 3000 125
5. The delinquent land tax attorney shall incorporate 28
such lists in petitions in the form prescribed in section 29
141.410, and shall file such petitions with the circuit 30
clerk not later than June first of each year. 31
141.300. 1. The collector shall receipt for the 1
aggregate amount of such delinquent tax bills appearing on 2
the list or lists filed with the collector under the 3
provisions of section 141.290, which receipt shall be held 4
by the owner or holder of the tax bills or by the treasurer 5
or other corresponding financial officer of the taxing 6
authority [so] filing such list with the collector. 7
2. The collector shall, on or before the fifth day of 8
each month, file with the owner or holder of any tax bill or 9
with the treasurer or other corresponding financial officer 10
of any taxing authority, a detailed statement, verified by 11
affidavit, of all taxes collected by the collector during 12
the preceding month which appear on the list or lists 13
received by the collector, and shall, on or before the 14
fifteenth day of the month, pay the same, less the 15
collector's commissions and costs payable to the county, to 16
the tax bill owner or holder or to the treasurer or other 17
corresponding financial officer of any taxing authority; 18
provided, however, that the collector shall be given credit 19
for the full amount of any tax bill where title to the real 20
estate described in such tax bill is taken by a land trust, 21
or which is bid on by a land bank agency and where title to 22
the real estate described in such tax bill is taken by such 23
land bank agency pursuant to a deemed sale under subsection 24
3 of section 141.560, or which is included in the bid of a 25
land bank agency and where title to the real estate 26
described in such tax bill is taken by such land bank agency 27
SCS HB 3000 126
pursuant to a sale under subdivision (2) of subsection 2 of 28
section 141.550. 29
141.320. 1. The collector shall, at the collector's 1
option, appoint a delinquent land tax attorney, to be 2
compensated as necessary for the performance of the 3
collector's duties under this chapter, or in counties having 4
a county counselor, the collector shall, at the collector's 5
option, designate the county counselor and such of the 6
counselor's assistants as shall appear necessary to act as 7
the delinquent land tax attorney. 8
2. A delinquent land tax attorney who is not the 9
county counselor, with the approval of the collector, may 10
appoint one or more assistant delinquent land tax attorneys 11
and such clerical employees as may be necessary, to be 12
compensated as necessary for the performance of duties under 13
this chapter; and the appointed delinquent tax attorney may 14
incur such reasonable expenses as are necessary for the 15
performance of the attorney's duties. 16
3. The delinquent land tax attorney and the attorney's 17
assistants shall perform legal services for the collector 18
and shall act as attorney for the collector in the 19
prosecution of all suits brought for the collection of land 20
taxes; but the attorney and the collector shall not perform 21
legal services for the land trust or any land bank agency. 22
4. Salaries and expenses of a delinquent land tax 23
attorney who is not also the county counselor, the 24
attorney's assistants, and the attorney's employees shall be 25
paid monthly out of the treasury of the county from the same 26
funds as employees of the collector whenever the funds 27
provided for by sections 141.150, 141.270, and 141.620 are 28
not sufficient for such purpose. 29
SCS HB 3000 127
5. The compensation herein provided shall be the total 30
compensation for a delinquent land tax attorney who is not 31
also a county counselor, and the attorney's assistants and 32
employees. 33
6. A delinquent land tax attorney who is not also the 34
county counselor shall make a return quarterly to the county 35
commission of such county of all compensation received by 36
the attorney, and of all amounts owing to the attorney by 37
the collector, and of all salaries and expenses of any 38
assistants and employees, stating the same in detail, and 39
verifying such amounts by affidavit. 40
7. The attorney's fees shall be taxed as costs in the 41
suit and collected as other costs. 42
141.330. The collector [annually] may appoint one 1
delinquent land tax clerk in each office lawfully maintained 2
by the collector in the county, to be compensated as 3
necessary for the performance of the clerk's duties under 4
this chapter. 5
141.360. All suits for the foreclosure of tax liens 1
brought by the collector shall name the collector only by 2
the title of the collector's office, and all such suits 3
shall be brought directly against the real estate subject to 4
the tax lien or liens to be foreclosed. 5
141.410. 1. A suit for the foreclosure of the tax 1
liens herein provided for shall be instituted by filing in 2
the appropriate office of the circuit clerk a petition[, 3
which]. Such petition shall contain a caption, a copy of 4
the list so furnished to the delinquent land tax attorney by 5
the collector, and a prayer. The petition shall name each 6
person with a legal interest in the parcel of land affected 7
by the suit, as reasonably discoverable to the collector 8
SCS HB 3000 128
from publicly available records. Such petition without 9
further allegation shall be deemed to be sufficient. 10
2. The caption shall be in the following form: 11
3. The petition shall contain at least the following 22
information: 23
(1) The identity of the petitioner and the name and 24
address of the collector; 25
(2) The parcel's common street address; 26
(3) A full legal description for the parcel; 27
(4) The tax identification number of the parcel; 28
(5) The period of tax delinquency; and 29
(6) The principal amount of delinquent taxes, together 30
with interest, penalties, and fees. 31
4. The petition shall conclude with a prayer that all 32
tax liens upon such real estate be foreclosed; that the 33
court determine the amounts and priorities of all tax bills, 34
together with interest, penalties, costs, and attorney's 35
12 In the Circuit Court of ______ County, Missouri,
13 In the Matter of
14 Foreclosure of Liens for Delinquent Land Taxes
15 By Action in Rem.
16 Collector of Revenue of ______ County, Missouri,
17 Plaintiff
18 -vs.-
19
20
Parcels of Land Encumbered with Delinquent Tax
Liens

21 Defendants
SCS HB 3000 129
fees; that the court order such real estate to be sold by 36
the sheriff at public sale as provided by sections 141.210 37
to 141.810 and sections 141.980 to 141.1015 and that 38
thereafter a report of such sale be made by the sheriff to 39
the court for further proceedings under sections 141.210 to 40
141.810 and sections 141.980 to 141.1015. 41
5. The delinquent land tax attorney within ten days 42
after the filing of any such petition shall forward by 43
United States registered mail to each person or taxing 44
authority having filed a list of delinquent tax bills with 45
the collector as provided by sections 141.210 to 141.810 and 46
sections 141.980 to 141.1015 a notice of the time and place 47
of the filing of such petition and of the newspaper in which 48
the notice of publication has been or will be published. 49
6. The petition when so filed shall have the same 50
force and effect with respect to each parcel of real estate 51
therein described, as a separate suit instituted to 52
foreclose the tax lien or liens against any one of said 53
parcels of real estate. 54
141.440. 1. Within thirty days after the filing of 1
such petition, the collector shall [also] cause to be 2
prepared and sent by restricted, registered or certified 3
mail with postage prepaid, [within thirty days after the 4
filing of such petition,] a notice of the petition, to the 5
persons named in the petition as being the last known 6
persons in whose names tax bills affecting the respective 7
parcels of real estate described in said petition were last 8
billed or charged on the books of the collector, or the last 9
known owner of record, if different, and to the addresses of 10
said persons upon said records of the collector. The terms 11
"restricted", "registered" or "certified mail" as used in 12
this section mean mail which carries on the face thereof in 13
SCS HB 3000 130
a conspicuous place, where it will not be obliterated, the 14
endorsement "DELIVER TO ADDRESSEE ONLY", and which also 15
requires a return receipt or a statement by the postal 16
authorities that the addressee refused to receive and 17
receipt for such mail. If the notice is returned to the 18
collector by the postal authorities as undeliverable for 19
reasons other than the refusal by the addressee to receive 20
and receipt for the notice as shown by the return receipt, 21
then the collector shall make a search of the records 22
maintained by the county, including those kept by the 23
recorder of deeds, to discern the name and address of any 24
person who, from such records, appears as a successor to the 25
person to whom the original notice was addressed, and to 26
cause another notice to be mailed to such person. The 27
collector shall prepare and file with the circuit clerk at 28
least thirty days before judgment is entered by the court on 29
the petition an affidavit reciting to the court any name, 30
address and serial number of the tract of real estate 31
affected by any such notices of suit that are undeliverable 32
because of an addressee's refusal to receive and receipt for 33
the same, or of any notice otherwise nondeliverable by mail, 34
or in the event that any name or address does not appear on 35
the records of the collector, then of that fact. The 36
affidavit in addition to the recitals set forth above shall 37
also state reason for the nondelivery of such notice. 38
2. The collector shall prepare and send, by first- 39
class mail, a copy of the petition within thirty days after 40
the filing of such a petition to the occupant of such parcel 41
or property. 42
141.500. 1. After the trial of the issues, the court 1
shall, as promptly as circumstances permit, render judgment. 2
If the court finds that no tax bill upon the land 3
SCS HB 3000 131
collectible by the collector or the relator was delinquent 4
when the suit was instituted or tried, then the judgment of 5
the court shall be that the cause be dismissed as to the 6
parcels of real estate described in the tax bill[; or,]. If 7
the evidence warrant, the judgment may be for the principal 8
amount of the delinquent tax bills upon the real estate upon 9
which suit was brought, together with interest, penalties, 10
attorney's and appraiser's fees and costs computed as of the 11
date of the judgment. The judgment may recite the amount of 12
each tax bill, the date when it began to bear interest, and 13
the rate of such interest, together with the rate and amount 14
of penalties, attorney's and appraiser's fees not to exceed 15
fifteen dollars. It may decree that the lien upon the 16
parcels of real estate described in the tax bill be 17
foreclosed and such real estate sold by the sheriff, and the 18
cause shall be continued for further proceedings, as herein 19
provided. 20
2. The collector shall cause to be prepared and sent 21
by restricted, registered or certified mail with postage 22
prepaid, within thirty days after the rendering of such 23
judgment, a brief notice of such judgment and the 24
availability of a written redemption contract pursuant to 25
section 141.530 to the persons named in the judgment as 26
being the last known persons in whose names tax bills 27
affecting the respective parcels of real estate described in 28
such judgment were last billed or charged on the books of 29
the collector, or the last known owner of record, if 30
different, and to the addresses of such persons upon the 31
records of the collector. The terms "restricted", 32
"registered" or "certified mail" as used in this section 33
mean mail which carries on the face thereof in a conspicuous 34
place, where it will not be obliterated, the endorsement, 35
SCS HB 3000 132
"DELIVER TO ADDRESSEE ONLY", and which also requires a 36
return receipt or a statement by the postal authorities that 37
the addressee refused to receive and receipt for such mail. 38
If the notice is returned to the collector by the postal 39
authorities as undeliverable for reasons other than the 40
refusal by the addressee to receive and receipt for the 41
notice as shown by the return receipt, then the collector 42
shall make a search of the records maintained by the county, 43
including those kept by the recorder of deeds, to discern 44
the name and address of any person who, from such records, 45
appears as a successor to the person to whom the original 46
notice was addressed, and to cause another notice to be 47
mailed to such person. The collector shall prepare and file 48
with the circuit clerk prior to confirmation hearings an 49
affidavit reciting to the court any name, address and serial 50
number of the tract of real estate affected of any such 51
notices of judgment that are undeliverable because of an 52
addressee's refusal to receive and receipt for the same, or 53
of any notice otherwise nondeliverable by mail, or in the 54
event that any name or address does not appear on the 55
records of the collector, then of that fact. The affidavit 56
in addition to the recitals set forth above shall also state 57
reason for the nondelivery of such notice. 58
3. The collector shall prepare and send to the 59
occupant of such parcel or property, by first-class mail, a 60
copy of the judgment of foreclosure within thirty days after 61
the date of such judgment. 62
141.520. 1. After the judgment of foreclosure has 1
been entered, or, after a motion for a new trial has been 2
overruled, or, if an appeal be taken from such judgment and 3
the judgment has been affirmed, after the sheriff shall have 4
been notified by any party to the suit that such judgment 5
SCS HB 3000 133
has been affirmed on appeal and that the mandate of the 6
appellate court is on file with the circuit clerk, there 7
shall be a waiting period of six months before any 8
advertisement of sheriff's sale shall be published. 9
2. If any such parcel of real estate [be] is not 10
redeemed, or if no written contract providing for redemption 11
[be] is made within six months after the date of the 12
judgment of foreclosure, if no motion for rehearing [be] is 13
filed, and, if filed, within six months after such motion 14
may have been overruled, or, if an appeal [be] is taken from 15
such judgment and the judgment [be] is affirmed, within six 16
months after the sheriff shall have been notified by any 17
party to the suit that such judgment has been affirmed on 18
appeal and that the mandate of the appellate court is on 19
file with the circuit clerk, the sheriff shall commence to 20
advertise the real estate described in the judgment and 21
shall fix the date of sale within thirty days after the date 22
of the first publication of the notice of sheriff's sale as 23
herein provided, and shall at such sale proceed to sell the 24
real estate. 25
3. Any provisions of this chapter to the contrary 26
notwithstanding, the owner of any parcel of real property 27
against which a judgment has been rendered shall not have 28
the right to redeem such property from said judgment if at 29
the time of judgment such property is assessed as 30
residential property and the judgment finds the property has 31
been vacant for a period of not less than six months prior 32
to the judgment. After a judgment as provided for in this 33
section becomes final, the waiting period shall not apply to 34
such judgment and a sale under execution of the judgment 35
shall be immediately held as provided under the applicable 36
provisions of this chapter. 37
SCS HB 3000 134
4. In partial opt-in counties, no later than one 38
hundred twenty days prior to the sheriff's sale, the 39
collector shall obtain from a licensed title company or 40
attorney a title search that includes all conveyances, 41
liens, and charges against the real estate involved in the 42
suit for any parcel of real estate against which the 43
collector has obtained a judgment under section 141.500 and 44
for which it has been decreed that the lien upon the parcel 45
of real estate described in the tax bill be foreclosed and 46
such real estate sold by the sheriff. The charge of such 47
title search may be recovered from the proceeds of the sale 48
under section 141.580. 49
5. After obtaining or conducting a title search, the 50
collector shall initiate a search of the following records 51
to identify and locate interested parties and addresses 52
reasonably calculated to apprise interested parties of the 53
suit: 54
(1) Land title records in the office of the county 55
recorder of deeds; 56
(2) Tax records in the office of the local treasurer; 57
(3) Tax records in the office of the local assessor; 58
(4) A search of court records in Missouri CaseNet; and 59
(5) For a business entity, records filed with the 60
secretary of state. 61
The collector may also incur reasonable costs for web-based 62
investigatory searches to supplement the search for 63
interested parties and addresses. The reasonable cost of 64
locating interested parties and addresses for notice may be 65
recovered from the proceeds of the sale under section 66
141.580. 67
SCS HB 3000 135
6. No later than thirty days prior to the sheriff's 68
sale, the collector shall send notice of the sale to all 69
interested parties at the address most likely to apprise 70
interested parties of the sale. The notice shall provide 71
the date, time, and place of the sale and shall also state 72
that the parcel may be redeemed prior to the sale as 73
specified in sections 141.420 and 141.530. The notice 74
required by this subsection shall be mailed first class, 75
postage prepaid. The cost of notice under this subsection 76
may be recovered from the proceeds of the sale under section 77
141.580. 78
7. No later than twenty days prior to the sheriff's 79
sale, the sheriff shall enter upon the parcel subject to 80
foreclosure of these tax liens and post a written 81
informational notice in a conspicuous location, attached to 82
a structure, and intended to be visible by the nearest 83
public right-of-way. This notice shall describe the parcel 84
and advise that it is the subject of delinquent land tax 85
collection proceedings brought under sections 141.210 to 86
141.810 and sections 141.980 to 141.1015 and that it may be 87
sold for the payment of delinquent taxes at a sale to be 88
held at a certain time, date, and place and shall also 89
contain the tax identification number and the phone number 90
and address of the collector as well as a prohibition 91
against removal unless the parcel has been redeemed. The 92
notice shall be not less than eight inches by ten inches and 93
shall be laminated or otherwise sufficiently weatherproof to 94
withstand normal exposure to rain, snow, and other 95
conditions. The sheriff shall document, by time-stamped 96
photograph, compliance with this section, make such 97
documentation generally available upon request, and provide 98
verification by affidavit of compliance with this section. 99
SCS HB 3000 136
The cost of notice under this subsection may be recovered 100
from the proceeds of the sale under section 141.580. 101
8. In addition to the other notice requirements of 102
this section, no later than twenty days prior to the 103
sheriff's sale, the sheriff shall attempt in-person notice 104
that shall describe the parcel and advise that it is the 105
subject of delinquent land tax collection proceedings 106
brought under sections 141.210 to 141.810 and sections 107
141.980 to 141.1015; that shall state that it may be sold 108
for the payment of delinquent taxes at a sale to be held at 109
a certain time, date, and place; and that shall also contain 110
the tax identification number and the phone number and 111
address of the collector. In-person notice may be provided 112
to any person found at the parcel. The sheriff shall note 113
the date and time of attempted notice and the name, 114
description, or other identifying information regarding the 115
person to whom notice was attempted. The sheriff shall 116
document compliance with this section, make such 117
documentation generally available upon request, and provide 118
verification by affidavit of compliance with this section. 119
The cost of notice under this subsection may be recovered 120
from the proceeds of the sale under section 141.580. 121
141.535. 1. If a parcel is the subject of an action 1
filed under sections 447.620 to 447.640, the court shall 2
stay the sale of any tax parcel to be sold under execution 3
of a tax foreclosure judgment obtained under this chapter, 4
provided that the party which has brought such an action has 5
paid into the circuit court the principal amount of all 6
[land] delinquent taxes then due and owing under the tax 7
foreclosure judgment, exclusive of penalties, interest, 8
attorney fees, and court costs, prior to the date of any 9
proposed sale under execution. The party bringing such 10
SCS HB 3000 137
action shall provide written notice of the filing of the 11
action to the court administrator and file with the circuit 12
court in which the action is pending a certificate that such 13
notice has been provided to the court administrator. If the 14
party that brought the action under sections 447.620 to 15
447.640 dismisses its action prior to gaining temporary 16
possession of the property, it shall recover any amounts 17
paid into the circuit court under this subsection. 18
2. In any order granting a sheriff's deed under 19
section 447.625 or a judicial deed under section 447.640, 20
the court shall also order the permanent extinguishment of 21
liability against the grantee and the grantee's successors 22
in interest for penalties, interest, attorney fees, and 23
court costs arising from actions to collect delinquent land 24
taxes due on the subject property. The funds paid into the 25
court for land taxes under subsection 1 of this section 26
shall then be paid to the county collector. 27
3. If an owner of such a property moves the court for 28
restoration of possession of the subject property under 29
section 447.638, the owner shall pay into the circuit court 30
all land tax amounts currently due and owing on the 31
property, including all statutory penalties, interest, 32
attorney fees, and court costs retroactive to the date of 33
accrual, and in the event that an owner of the tax parcel 34
regains possession under section 447.638, funds deposited by 35
the owner under this subsection shall be paid to the county 36
collector, and funds paid into the court by a party under 37
subsection 1 of this section shall be paid out in full to 38
the payer. 39
141.540. 1. In any county at a certain front door of 1
whose courthouse sales of real estate are customarily made 2
by the sheriff under execution, the sheriff shall advertise 3
SCS HB 3000 138
for sale and sell the respective parcels of real estate 4
ordered sold by the sheriff pursuant to any judgment of 5
foreclosure by any court pursuant to sections 141.210 to 6
141.810 and 141.980 to 141.1015 at any of such courthouses[, 7
but]. The sale of such parcels of real estate shall be held 8
at the same front door as sales of real estate are 9
customarily made by the sheriff under execution. 10
2. Such advertisements may include more than one 11
parcel of real estate, and shall be in substantially the 12
following form: 13
14 NOTICE OF SHERIFF'S
15 SALE UNDER JUDGMENT OF
16 FORECLOSURE OF LIENS FOR
17 DELINQUENT LAND TAXES
18 No. ______
19 In the Circuit Court of ______ County, Missouri.
20
21
In the Matter of Foreclosure of Liens for Delinquent
Land Taxes

22
23
Collector of Revenue of ______ County, Missouri,
Plaintiff,

24 vs.
25
26
Parcels of Land encumbered with Delinquent Tax Liens,
Defendants.

27
28
29
30
31
32
WHEREAS, judgment has been rendered against parcels
of real estate for taxes, interest, penalties,
attorney's fees and costs with the serial numbers of
each parcel of real estate, the description thereof,
the name of the person appearing in the petition in
the suit, and the total amount of the judgment

SCS HB 3000 139
33
34
35
36
37
38
39
against each such parcel for taxes, interest,
penalties, attorney's fees and costs, all as set out
in said judgment and described in each case,
respectively, as follows: (Here set out the
respective serial numbers, descriptions, names and
total amounts of each judgment, next above referred
to.) and,
40
41
42
43
WHEREAS, such judgment orders such real estate sold
by the undersigned sheriff, to satisfy the total
amount of such judgment, including interest,
penalties, attorney's fees and costs,

44 NOW, THEREFORE,
45
46
47
48
49
50
51
52
53
54
55
56
57
58
Public Notice is hereby given that I ______, Sheriff
of ______ County, Missouri, will sell such real
estate, parcel by parcel, at public auction, to the
highest bidder, for cash, between the hours of nine
o'clock A.M. and five o'clock P.M., at the ______
front door of the ______ County Courthouse in ______,
Missouri, on ______, the ______ day of ______,
20______, and continuing from day to day thereafter,
to satisfy the judgment as to each respective parcel
of real estate sold. If no acceptable bids are
received as to any parcel of real estate, said parcel
shall be sold to the Land Trust of ______ (insert
name of County), Missouri or Land Bank of the City of
______ (insert name of municipality), Missouri.

59
60
Any bid received shall be subject to confirmation by
the court.

61 __________________
62
63
Sheriff of _____ County,
Missouri

64 __________________
65
66
Delinquent Land Tax
Attorney

SCS HB 3000 140
3. Such advertisement shall be published four times, 69
once a week, upon the same day of each week during 70
successive weeks prior to the date of such sale, in a daily 71
newspaper of general circulation regularly published in the 72
county, qualified according to law for the publication of 73
public notices and advertisements. 74
141.550. 1. The sale shall be conducted, the 1
sheriff's return thereof made, and the sheriff's deed 2
pursuant to the sale executed, all as provided in the case 3
of sales of real estate taken under execution, except as 4
otherwise provided in sections 141.210 to 141.810 and 5
sections 141.980 to 141.1015, and provided that such sale 6
need not occur during the term of court or while the court 7
is in session. 8
2. The following provisions shall apply to any sale 9
pursuant to this section: 10
(1) The sale shall be held on the day for which it is 11
advertised, between the hours of nine o'clock a.m. and five 12
o'clock p.m. and continued day to day thereafter to satisfy 13
the judgment as to each respective parcel of real estate 14
sold. For partial opt-in counties, the sale shall be held 15
on the fourth Monday in August of each year between the 16
hours of nine o'clock a.m. and five o'clock p.m. and 17
continued day to day thereafter to satisfy the judgment as 18
to each respective parcel of real estate sold; 19
(2) The sale shall be conducted publicly, by auction, 20
for ready money. The parcel shall be sold to the highest 21
bidder, provided that the highest bid is equal to or greater 22
67 Address: ______
68 First Publication ______, 20______
SCS HB 3000 141
than the full amount of all tax bills due and owing on the 23
parcel, which may differ from the judgment amount; plus 24
interest; penalties; attorney's fees and costs; and a 25
nonreimbursable, two-hundred-dollar bidder fee. Such bidder 26
fee shall be paid to the land trust or land bank agency for 27
the municipality or county in which the parcel is situated. 28
The bid amount shall not include any amounts for debts owed 29
to any sewer district then due thereon; 30
(3) No person shall be eligible to bid at the time of 31
the sale unless such person has, no later than ten days 32
before the sale date, demonstrated to the satisfaction of 33
the official charged by law with conducting the sale that he 34
or she is not the owner of any parcel of real estate in the 35
county which is affected by a tax bill which has been 36
delinquent for more than six months. A prospective bidder 37
may make such a demonstration by presenting statements from 38
the appropriate collection officials of the county. The 39
official charged with conducting the sale may require 40
prospective bidders to submit an affidavit attesting to the 41
requirements of this subdivision and is expressly authorized 42
to permanently preclude any prospective bidder from 43
participating in the sale for failure to comply with the 44
provisions of this subdivision; and 45
(4) No foreign or domestic corporation or limited 46
liability company that has failed to appoint or maintain a 47
registered agent under chapter 347 or 351 shall be eligible 48
to bid at the time of the sale. No foreign corporate entity 49
shall be eligible to bid at the time of the sale unless it 50
has a certificate of authority to transact business in 51
Missouri under section 351.572. The official charged with 52
conducting the sale may require prospective bidders to 53
submit an affidavit attesting to the requirements of this 54
SCS HB 3000 142
subdivision and is expressly authorized to permanently 55
preclude any prospective bidder from participating in the 56
sale for failure to comply with the provisions of this 57
subdivision. 58
3. The following provisions shall apply to any sale 59
under this section of property located within any 60
municipality contained wholly or partially within a county 61
with a population of over six hundred thousand inhabitants 62
and fewer than nine hundred thousand inhabitants: 63
(1) No person shall be eligible to bid at the time of 64
the sale unless such person has, no later than ten days 65
before the sale date, demonstrated to the satisfaction of 66
the official charged by law with conducting the sale that 67
the person is not the owner of any parcel of real property 68
with two or more violations of the municipality's building 69
or housing codes. A prospective bidder may make such a 70
demonstration by presenting statements from the appropriate 71
code enforcement officials of the municipality; and 72
(2) Notwithstanding the provisions of subdivision (1) 73
of this subsection, any taxing authority or land bank agency 74
shall be eligible to bid at the sale without making the 75
demonstration described in subdivision (1) of this 76
subsection. 77
4. Such sale shall convey the whole interest of every 78
person having or claiming any right, title or interest in or 79
lien upon such real estate, whether such person has answered 80
or not, subject to rights-of-way thereon of public utilities 81
upon which tax has been otherwise paid, and subject to the 82
lien thereon, if any, of the United States of America. 83
5. The collector shall advance the sums necessary to 84
pay for the publication of all advertisements required by 85
sections 141.210 to 141.810 and sections 141.980 to 141.1015 86
SCS HB 3000 143
and shall be allowed credit therefor in the collector's 87
accounts with the county. The collector shall give credit 88
in such accounts for all such advances recovered by the 89
collector. Such expenses of publication shall be 90
apportioned pro rata among and taxed as costs against the 91
respective parcels of real estate described in the judgment; 92
provided, however, that none of the costs herein enumerated, 93
including the costs of publication, shall constitute any 94
lien upon the real estate after such sale. 95
141.560. 1. If, when the sheriff offers the 1
respective parcels of real estate for sale, there [be] are 2
no bidders for any parcel, or there [be] is insufficient 3
time or opportunity to sell all of the parcels of real 4
estate so advertised, the sheriff shall adjourn such sale 5
from day to day at the same place and commencing at the same 6
hour as when first offered and shall announce that such real 7
estate will be offered or reoffered for sale at such time 8
and place. 9
2. With respect to any parcel of real estate not 10
located wholly within a county or municipality that has 11
established a land bank agency under section 140.981 or 12
141.980, in the event no bid equal to the full amount of all 13
tax bills due and owing on the parcel, which may differ 14
from the judgment amount; plus interest; penalties; 15
attorney's fees and costs; and a nonreimbursable, two- 16
hundred-dollar bidder fee that shall be received at such 17
sale after any parcel of real estate has been offered for 18
sale on three different days, which need not be successive, 19
the land trust shall be deemed to have bid the full amount 20
of all tax bills included in the judgment, interest, 21
penalties, attorney's fees and costs then due, and if no 22
other bid be then received by the sheriff in excess of the 23
SCS HB 3000 144
bid of the land trust, and the sheriff shall so announce at 24
the sale, then the bid of the land trust shall be announced 25
as accepted. The sheriff shall report any such bid or bids 26
so made by the land trust in the same way as the sheriff's 27
report of other bids is made. Upon confirmation by the 28
court of such bid at such sale by such land trust, the 29
collector shall mark the tax bills so bid by the land trust 30
as "cancelled by sale to the land trust" and shall take 31
credit for the full amount of such tax bills, including 32
principal amount, interest, penalties, attorney's fees, and 33
costs, on the collector's books and in the collector's 34
statements with any other taxing authorities. 35
3. With respect to any parcel of real estate located 36
wholly within a county or municipality that has established 37
a land bank agency under section 140.981 or 141.980, in the 38
event no bid equal to the full amount of all tax bills due 39
and owing on the parcel, which may differ from the judgment 40
amount; plus interest; penalties; attorney's fees and costs; 41
and a nonreimbursable, two-hundred-dollar bidder fee that 42
shall be received at such sale after such parcel of real 43
estate has been offered for sale on three different days, 44
which need not be successive, the land bank agency 45
established under section 140.981 or 141.980 shall be deemed 46
to have bid the full amount of all tax bills included in the 47
judgment, interest, penalties, attorney's fees and costs 48
then due, and the sheriff shall so announce at the sale, 49
then the bid of the land bank agency shall be announced as 50
accepted. The sheriff shall report any such bid or bids so 51
made by such land bank agency in the same way as the 52
sheriff's report of other bids is made. Upon confirmation 53
by the court of such bid at such sale by such land bank 54
agency, the collector shall mark the tax bills so bid by 55
SCS HB 3000 145
such land bank agency as "cancelled by sale to the land 56
bank" and shall take credit for the full amount of such tax 57
bills, including principal amount, interest, penalties, 58
attorney's fees, and costs, on the collector's books and in 59
the collector's statements with any other taxing authorities. 60
141.570. The title to any real estate which shall vest 1
in any purchaser[,] upon confirmation of such sale by the 2
court, or in any land bank agency or land trust, shall be an 3
absolute estate in fee simple, subject to rights-of-way 4
thereon of public utilities on which tax has been otherwise 5
paid, and subject to any lien thereon of the United States 6
of America, if any, and all persons and interested parties, 7
including the state of Missouri, any taxing authority or tax 8
district, as defined herein, judgment creditors, 9
lienholders, infants, incapacitated and disabled persons as 10
defined in chapter 475, and nonresidents who may have had 11
any right, title, interest, claim, or equity of redemption 12
in or to, or lien upon, such lands, shall be barred and 13
forever foreclosed of all such right, title, interest, 14
claim, lien or equity of redemption, and the court shall 15
order immediate possession of such real estate be given to 16
such purchaser; provided, however, that such title shall 17
also be subject to the liens of any tax bills which may have 18
attached after the sheriff's sale, but if such parcel of 19
real estate is deemed sold to the land trust pursuant to 20
subsection 2 of section 141.560, or deemed sold to a land 21
bank agency pursuant to subsection 3 of section 141.560, or 22
sold to a land bank agency pursuant to subdivision (2) of 23
subsection 2 of section 141.550, the title thereto shall be 24
free of any such liens to the extent of the interest of any 25
taxing authority in such real estate; provided further, that 26
the lien of special tax bills shall attach to the proceeds 27
SCS HB 3000 146
of the sheriff's sale, if any, or shall otherwise be forever 28
barred and foreclosed. 29
141.580. 1. Within six months after the sheriff sells 1
any parcel of real estate, the court shall, upon its own 2
motion or upon motion of any interested party, set the cause 3
[down] for hearing to confirm or set aside the foreclosure 4
sale thereof, even though such parcels are not all of the 5
parcels of real estate described in the notice of sheriff's 6
foreclosure sale. Notice of the hearing, or of the court 7
moving to confirm the foreclosure sale, shall be sent by any 8
interested party to each person who was sent notice of the 9
sale and to any interested parties as required by prevailing 10
notions of due process. At the time of such hearing, the 11
sheriff shall make report of the sale, and the court shall 12
hear evidence of the value of the property offered on behalf 13
of any interested party to the suit, and shall forthwith 14
determine whether an adequate consideration has been paid 15
for each such parcel. The court's judgment shall include a 16
specific finding that adequate notice was provided to all 17
interested parties under prevailing notions of due process 18
and sections 141.210 to 141.810 and sections 141.980 to 19
141.1015, reciting the notice efforts of the collector, 20
sheriff, and tax sale purchaser. Nothing in this section 21
shall be interpreted to preclude a successful tax sale 22
purchaser from asserting a claim to quiet title to the bid- 23
upon parcel under section 527.150. 24
2. For this purpose the court shall have power to 25
summon any city or county official or any private person to 26
testify as to the reasonable value of the property, and if 27
the court finds that adequate consideration has been paid, 28
the court shall confirm the sale and order the sheriff to 29
issue a deed to the purchaser. If the court finds that the 30
SCS HB 3000 147
consideration paid is inadequate, the court shall confirm 31
the sale if the purchaser increases the purchaser's bid to 32
such amount as the court deems to be adequate and makes such 33
additional payment, or if all tax bills included in the 34
judgment, interest, penalties, attorney's fees and costs 35
then due thereon are not paid in full by one or more 36
interested parties to the suit. If the court finds that the 37
consideration is inadequate, but the purchaser declines to 38
increase the purchaser's bid to such amount as the court 39
deems adequate and make such additional payment, then the 40
sale shall be disapproved if all tax bills included in the 41
judgment, interest, penalties, attorney's fees and costs 42
then due thereon are paid in full by one or more interested 43
parties to the suit, the lien of the judgment continued, and 44
such parcel of real estate shall be again advertised and 45
offered for sale by the sheriff to the highest bidder at 46
public auction for cash at any subsequent sheriff's 47
foreclosure sale. Unless the court requires evidence of the 48
value of the property conveyed to land trust or a land bank 49
agency, none shall be required, and the amount bid by the 50
land trust or such land bank agency shall be deemed adequate 51
consideration. 52
3. If the sale is confirmed, the court shall order the 53
proceeds [of] from the sale applied in the following order: 54
(1) To the payment of the costs of the publication of 55
the notice of foreclosure and of the sheriff's foreclosure 56
sale; 57
(2) To the payment of all of the collector's and 58
sheriff's costs including appraiser's fee and attorney's 59
fees; 60
(3) To the payment of all tax bills adjudged to be due 61
in the order of their priority, including principal, 62
SCS HB 3000 148
interest and penalties thereon, except in the event of a 63
sale to any land bank agency, for which this subdivision 64
shall not apply. 65
If, after such payment, there is any sum remaining of the 66
proceeds of the sheriff's foreclosure sale, the court shall 67
thereupon try and determine the other issues in the suit in 68
accordance with section 141.480. If any answering parties 69
have specially appealed as provided in section 141.570, the 70
court shall retain the custody of such funds pending 71
disposition of such appeal, and upon disposition of such 72
appeal shall make such distribution. If there are not 73
sufficient proceeds of the sale to pay all claims in any 74
class described, the court shall order the same to be paid 75
pro rata in accordance with the priorities. 76
4. If there are any funds remaining of the proceeds 77
after the sheriff's sale and after the distribution of such 78
funds as herein set out and no person entitled to any such 79
funds, whether or not a party to the suit, shall, within two 80
years after such sale, appear and claim the funds, the funds 81
shall be distributed to the appropriate taxing authorities, 82
except in partial opt-in counties, where the funds shall be 83
distributed to the school fund for the county. 84
5. Any county operating under the provisions of 85
sections 141.210 to 141.810 and sections 141.980 to 141.1015 86
may elect to allocate a portion of its share of the proceeds 87
toward a fund for the purpose of defending against claims 88
challenging the sufficiency of notice provisions under this 89
section. 90
6. Any interested party, other than the sheriff's sale 91
purchaser, who moves the court to set aside a sheriff's sale 92
after the issuance of a sheriff's deed made under the 93
SCS HB 3000 149
provisions of sections 141.210 to 141.810 and sections 94
141.980 to 141.1015 shall be required to pay into the court 95
the redemption amount otherwise necessary under sections 96
141.420 and 141.530 prior to the court hearing any such 97
motion to set aside. 98
141.610. Each court administrator's or sheriff's deed 1
given pursuant to the provisions of the land tax collection 2
law shall be prima facie evidence that the suit and all 3
proceedings therein and all proceedings prior thereto [from 4
and], including assessment of the lands affected thereby and 5
all notices required by law were regular and in accordance 6
with all provisions of the law relating thereto. The court 7
administrator or sheriff shall record its deed and shall 8
collect said recording fee at the time of sale. 9
141.620. 1. In addition to all amounts due on any tax 1
bill, including principal, interest, penalties, attorney's 2
fees, and costs, as now fixed by law, there shall be imposed 3
and charged as a part of the costs on each such tax bill a 4
suit penalty of five percent of the principal amount of the 5
tax bill to be due to the collector upon the filing of the 6
petition with the circuit clerk. 7
2. The collector shall set up a separate fund in the 8
collector's accounts to which the collector shall credit 9
such five percent suit penalties when paid, together with 10
all other penalties and costs recovered under this action, 11
and shall retain such portion thereof as may be needed for 12
the purpose of paying the expenses and costs required to be 13
advanced under sections 141.210 to 141.810, including 14
compensation to the delinquent land tax attorney, the 15
attorney's assistants, and stenographic and clerical help, 16
and funds for the costs of publication, notices, for court 17
costs, sheriff's expenses and other costs hereunder, and 18
SCS HB 3000 150
shall transfer the remainder of such funds annually, on 19
January first of each year, to the land trust for the use 20
and expenses of the land trust. Where no land trust exists, 21
the collector shall retain the remainder of such funds. 22
141.680. 1. Except for partial opt-in counties, the 1
remedies and procedures set forth in sections 141.210 to 2
141.810 shall be the exclusive remedies and procedures 3
available for the collection of delinquent and back land 4
taxes in a county [electing] that elects to come under or 5
[which] that has come under their authority. Sections 6
141.210 to 141.810 shall not be affected nor infringed upon 7
by any other laws or parts of law in conflict herewith. 8
2. Any taxing authority or owner of any tax bill is 9
hereby prohibited from advertising for sale or selling any 10
parcel of real estate for the collection of delinquent land 11
taxes due thereon, except after judgment of a court having 12
jurisdiction ordering such advertising or sale, when such 13
parcel is at such time included in any petition filed 14
pursuant to the provisions of this law. 15
3. At the option of the taxing authority or tax bill 16
owner, all claims for land taxes against any parcel of real 17
estate, which has been included in any petition filed under 18
this law, where such taxes have become due and payable after 19
any tax list or petition thereon has been filed, may be 20
asserted by amended petition or by answer filed before 21
judgment, and, if allowed by the court, shall be included in 22
the judgment against such parcel of real estate. 23
141.700. In all counties electing to operate under 1
sections 141.210 to 141.810 prior to January 1, 2025, there 2
is hereby created a commission for the management, sale, and 3
other disposition of tax delinquent lands, which commission 4
shall be known as "The Land Trust of ______ County, 5
SCS HB 3000 151
Missouri", and the members thereof shall be known as land 6
trustees. Such land trust shall have and exercise all the 7
powers that are conferred by sections 141.210 to 141.810 8
necessary and incidental to the effective management, sale 9
or other disposition of real estate acquired under and by 10
virtue of the foreclosure of the lien for delinquent real 11
estate taxes, as provided in said sections, and in the 12
exercise of such powers, the land trust shall be deemed to 13
be a public corporation acting in a governmental capacity. 14
Where a county has elected to establish a land bank agency 15
under subsection 1 of section 140.981, no such land trust 16
shall be created under sections 141.700 to 141.810. 17
141.819. 1. In all partial opt-in counties, prior to 1
a confirmation by a court of a deemed bid under subsection 2 2
of section 141.560, a land trust shall be created for the 3
management, sale, and other disposition of tax delinquent 4
lands, which shall be known as "The Land Trust of ______ 5
County, Missouri", and the board of which shall be known as 6
land trustees. The county commission of such county shall 7
appoint by resolution or order one or three land trustees. 8
The first appointed land trustee shall serve for a term of 9
two years and the remaining land trustees shall serve for 10
terms of three years respectively, as applicable. 11
Thereafter, land trustees shall be appointed by the county 12
commission for a term of office of two years, except that 13
all vacancies shall be filled for an unexpired term. 14
2. If a county elected to establish a land bank agency 15
under subsection 1 of section 140.981, no such land trust 16
shall be created under sections 141.700 to 141.819. 17
3. Such land trust, by majority vote of the land 18
trustees, shall have the power and duty to sell, exchange, 19
or otherwise dispose of real estate, provided, however, that 20
SCS HB 3000 152
any such sale, exchange, or disposal shall be for 21
consideration equal to or in excess of two-thirds of the 22
appraised value of such real estate so sold or conveyed, and 23
if such consideration is less than two-thirds of the 24
appraised value of such real estate, the land trust shall 25
first procure a majority vote of the county commission. 26
4. (1) The land trust shall set up accounts relating 27
to the operation and management of the land trust. 28
(2) When any parcel of real estate is sold or 29
otherwise disposed of by the land trust, the proceeds 30
therefrom shall be applied and distributed in the following 31
order: 32
(a) To the payment of the expenses of sale; 33
(b) To the costs of the care, improvement, operation, 34
acquisition, demolition, management, and administration of 35
parcels of real estate owned by the land trust; and 36
(c) To the county's general fund. 37
5. No land trustee shall receive any compensation, 38
emolument, or other profit directly or indirectly from the 39
rental, management, acquisition, sale, demolition, repair, 40
rehabilitation, use, operation, ownership, or disposition of 41
any lands held by such land trust. 42
141.980. 1. (1) Sections 141.980 to 141.1015 shall 1
be known [and may be cited] as the "Chapter 141 Municipal 2
Land Bank Act". 3
(2) Any municipality located wholly or partially 4
within a county electing to operate wholly under the 5
provisions of sections 141.210 to 141.810 may establish a 6
land bank agency for the management, sale, transfer, and 7
other disposition of interests in real estate owned by such 8
land bank agency. Any such land bank agency created shall 9
be created to foster the public purpose of returning land, 10
SCS HB 3000 153
including land that is in a nonrevenue-generating, nontax- 11
producing status to use in private ownership or for public 12
use. Such land bank agency shall be established by 13
ordinance or resolution as applicable. Such land bank 14
agency shall not own any interest in real estate that is 15
located wholly or partially outside such establishing 16
municipality. No municipality in a partial opt-in county is 17
eligible to establish a land bank agency under this section. 18
2. The beneficiaries of the land bank agency shall be 19
the taxing authorities that held or owned tax bills against 20
the respective parcels of real estate acquired by such land 21
bank agency pursuant to a deemed sale under subsection 3 of 22
section 141.560, by deed from a land trust under subsection 23
1 of section 141.984, or pursuant to a sale under 24
subdivision (2) of subsection 2 of section 141.550 included 25
in the judgment of the court, and the beneficiaries' 26
respective interests in each parcel of real estate shall be 27
to the extent and in the proportion and according to the 28
priorities determined by the court on the basis that the 29
principal amount of the beneficiaries' respective tax bills 30
bore to the total principal amount of all of the tax bills 31
described in the judgment. 32
3. Each land bank agency created pursuant to this 33
chapter shall be a public body corporate and politic, and 34
shall have permanent and perpetual duration until terminated 35
and dissolved in accordance with the provisions of section 36
141.1012. 37
141.984. 1. Within one year of the effective date of 1
the ordinance or resolution passed establishing a land bank 2
agency under this chapter, title to any real property held 3
by a land trust created pursuant to section 141.700 that is 4
located wholly within the municipality that created the land 5
SCS HB 3000 154
bank agency shall be transferred by deed to such land bank 6
agency. 7
2. The income of a land bank agency shall be exempt 8
from all taxation by the state and by any of its political 9
subdivisions. Upon acquiring title to any real estate, a 10
land bank agency shall immediately notify the county 11
assessor and the collector of such ownership, and such real 12
estate shall be exempt from all taxation during the land 13
bank agency's ownership thereof, in the same manner and to 14
the same extent as any other publicly owned real estate, and 15
upon the sale or other disposition of any real estate held 16
by it, such land bank agency shall immediately notify the 17
county assessor and the collector of such change of 18
ownership; provided however, that such tax exemption for 19
improved and occupied real property held by such land bank 20
agency as lessor pursuant to a ground lease shall terminate 21
upon the first such occupancy, and such land bank agency 22
shall immediately notify the county assessor and the 23
collector of such occupancy. 24
3. Subject to the limitation set forth in subsection 1 25
of section 141.980, a land bank agency may acquire real 26
property or interests in property by gift, devise, transfer, 27
exchange, foreclosure, purchase, or [pursuant to sections 28
141.560 to 141.580 or section 141.819. A land bank agency 29
may only purchase real property for the purpose of adding to 30
a parcel already owned by the land bank agency] otherwise on 31
terms and conditions and in a manner the land bank agency 32
considers proper. 33
4. Subject to the limitation set forth in subsection 1 34
of section 141.980, a land bank agency may acquire property 35
by purchase contracts, installment sales contracts, and land 36
contacts, and may accept transfers from political 37
SCS HB 3000 155
subdivisions upon such terms and conditions as agreed to by 38
the land bank agency and the political subdivision. Subject 39
to the limitation set forth in subsection 1 of section 40
141.980, a land bank agency may bid on any parcel of real 41
estate offered for sale at a sheriff's foreclosure sale held 42
in accordance with section 141.550. Notwithstanding any 43
other law to the contrary, but subject to the limitation set 44
forth in subsection 1 of section 141.980, any political 45
subdivision may transfer to the land bank agency real 46
property and interests in real property of the political 47
subdivision on such terms and conditions and according to 48
such procedures as determined by the political subdivision. 49
5. A land bank agency shall maintain all of its real 50
property in accordance with the laws and ordinances of the 51
jurisdictions in which the real property is located. 52
6. Upon confirmation under section 141.580 of a 53
sheriff's foreclosure sale of a parcel of real estate to a 54
land bank agency under subdivision (2) of subsection 2 of 55
section 141.550, said land bank agency shall pay the amount 56
of the land bank agency's bid that exceeds the amount of all 57
tax bills included in the judgment, interest, penalties, 58
attorney's fees and costs then due thereon. Such excess 59
shall be applied and distributed in accordance with 60
subsections 3 and 4 of section 141.580, exclusive of 61
subdivision (3) of subsection 3 thereof. Upon such 62
confirmation by the court, the collector shall mark the tax 63
bills included in the judgment as "cancelled by sale to the 64
land bank" and shall take credit for the full amount of such 65
tax bills, including principal amount, interest, penalties, 66
attorney's fees, and costs, on the collector's books and in 67
the collector's statements with any other taxing authorities. 68
SCS HB 3000 156
141.1009. 1. A land bank agency shall be authorized 1
to file an action to quiet title pursuant to section 527.150 2
as to any real property in which the land bank agency has an 3
interest. For purposes of any and all such actions, the 4
land bank agency shall be deemed to be the holder of 5
sufficient legal and equitable interests, and possessory 6
rights, so as to qualify the land bank agency as adequate 7
petitioner in such action. 8
2. Prior to the filing of an action to quiet title the 9
land bank agency shall conduct an examination of title to 10
determine the identity of any and all persons and entities 11
possessing a claim or interest in or to the real property. 12
Service of the petition to quiet title shall be provided to 13
all such interested parties by the following methods: 14
(1) Registered or certified mail to such identity and 15
address as reasonably ascertainable by an inspection of 16
public records; 17
(2) In the case of occupied real property by first 18
class mail, addressed to "Occupant"; 19
(3) By posting a copy of the notice on the real 20
property; 21
(4) By publication in a newspaper of general 22
circulation in the municipality in which the property is 23
located; and 24
(5) Such other methods as the court may order or as 25
may be required by prevailing notions of due process. 26
3. As part of the petition to quiet title the land 27
bank agency shall file an affidavit identifying all parties 28
potentially having an interest in the real property, and the 29
form of notice provided. 30
4. The court shall schedule a hearing on the petition 31
within ninety days following filing of the petition, and as 32
SCS HB 3000 157
to all matters upon which an answer was not filed by an 33
interested party the court shall issue its final judgment 34
within one hundred twenty days of the filing of the petition. 35
5. A land bank agency shall be authorized to join in a 36
single petition to quiet title one or more parcels of real 37
property. 38
141.1020. Notwithstanding any provision of sections 1
141.980 to 141.1020 to the contrary, a land bank agency may 2
rent or lease property held by the land bank agency for 3
community, noncommercial, and agricultural uses. 4
182.711. 1. The fiscal year for each urban public 1
library district shall be July first to June thirtieth, 2
unless otherwise set by the board of trustees, and each year 3
the librarian shall submit to the board of trustees a budget 4
for the forthcoming fiscal year. The board of trustees 5
shall approve the budget after making any changes therein 6
that it deems necessary. The budget shall be approved on or 7
before [June thirtieth] the last day of the fiscal year 8
preceding the fiscal year for which the budget was 9
prepared. The board of trustees on its own motion or at the 10
request of the librarian, from time to time, may amend or 11
modify the approved budget. A copy of the approved budget 12
shall be filed with the state auditor. 13
2. The treasurer of the board of trustees of an urban 14
public library district shall receive and be the custodian 15
of all money belonging to the district from whatever source 16
derived. All funds of the urban public library district 17
derived from local taxation to be used for normal operations 18
of the district shall be kept in a library operating fund. 19
All funds belonging to the district which are to be used for 20
building purposes shall be kept in a library building fund; 21
all funds derived from state aid or federal grants, other 22
SCS HB 3000 158
than land, building and furnishing grants, shall be kept in 23
the library operating fund; and the board of trustees may 24
establish any other funds that it deems necessary. The 25
treasurer shall deposit all moneys belonging to the urban 26
public library district in the depositaries that are 27
selected by the board of trustees. The treasurer shall also 28
be the custodian of all bonds or other securities belonging 29
to the urban public library district. 30
3. Urban public library district moneys shall be 31
disbursed by the treasurer by appropriate instrument of 32
payment only upon due authorization of the board of trustees 33
and duly certified for payment by the president. The 34
certification shall specify the amount to be paid, to whom 35
payment is to be made and the purpose for which payment is 36
being made. The board of trustees by resolution may direct 37
that the signature of the president or treasurer be a 38
facsimile signature in the manner provided by sections 39
105.272 to 105.278. 40
4. No authorization or certification shall be made, 41
and no instrument of payment shall be issued for the payment 42
of any urban public library district indebtedness unless 43
there is sufficient money in the treasury and the proper 44
fund for the payment of the indebtedness and the 45
indebtedness is in the proper form. 46
5. The treasurer of the board of trustees shall submit 47
to the board of trustees, at each regularly scheduled 48
meeting thereof, an accounting reflecting receipt and 49
disbursement of funds belonging to the urban public library 50
district. 51
182.802. 1. (1) Any public library district located 1
in any of the following counties may impose a tax as 2
provided in this section: 3
SCS HB 3000 159
(a) At least partially within any county of the third 4
classification without a township form of government and 5
with more than forty thousand eight hundred but fewer than 6
forty thousand nine hundred inhabitants; 7
(b) Any county of the third classification without a 8
township form of government and with more than thirteen 9
thousand five hundred but fewer than thirteen thousand six 10
hundred inhabitants; 11
(c) Any county of the third classification without a 12
township form of government and with more than thirteen 13
thousand two hundred but fewer than thirteen thousand three 14
hundred inhabitants; 15
(d) Any county of the third classification with a 16
township form of government and with more than twenty-nine 17
thousand seven hundred but fewer than twenty-nine thousand 18
eight hundred inhabitants; 19
(e) Any county of the second classification with more 20
than nineteen thousand seven hundred but fewer than nineteen 21
thousand eight hundred inhabitants; 22
(f) Any county of the third classification with a 23
township form of government and with more than thirty-three 24
thousand one hundred but fewer than thirty-three thousand 25
two hundred inhabitants; 26
(g) Any county of the third classification without a 27
township form of government and with more than eighteen 28
thousand but fewer than twenty thousand inhabitants and with 29
a city of the third classification with more than six 30
thousand but fewer than seven thousand inhabitants as the 31
county seat; 32
(h) Any county of the fourth classification with more 33
than twenty thousand but fewer than thirty thousand 34
inhabitants; [or] 35
SCS HB 3000 160
(i) Any county of the third classification with more 36
than thirteen thousand nine hundred but fewer than fourteen 37
thousand inhabitants; 38
(j) Any county with more than one hundred thousand but 39
fewer than one hundred twenty thousand inhabitants and with 40
a county seat with more than twelve thousand but fewer than 41
fourteen thousand inhabitants; 42
(k) Any county with more than thirty-five thousand but 43
fewer than forty thousand inhabitants and with a county seat 44
with more than eight thousand but fewer than ten thousand 45
inhabitants; 46
(l) Any county with more than fourteen thousand but 47
fewer than fifteen thousand seven hundred inhabitants and 48
with a county seat with more than two thousand but fewer 49
than three thousand inhabitants; 50
(m) Any county with more than twenty-two thousand but 51
fewer than twenty-five thousand inhabitants and with a 52
county seat with more than one thousand four hundred but 53
fewer than one thousand nine hundred inhabitants; 54
(n) Any county with more than eighty thousand but 55
fewer than one hundred thousand inhabitants and with a 56
county seat with more than seventy thousand but fewer than 57
eighty thousand inhabitants; 58
(o) Any county with more than eight thousand nine 59
hundred but fewer than nine thousand nine hundred 60
inhabitants and with a county seat with more than one 61
thousand but fewer than two thousand inhabitants; 62
(p) Any county with more than twelve thousand five 63
hundred but fewer than fourteen thousand inhabitants and 64
with a county seat with more than four thousand but fewer 65
than five thousand inhabitants; 66
SCS HB 3000 161
(q) Any county with more than eight thousand but fewer 67
than eight thousand nine hundred inhabitants and with a 68
county seat with more than three hundred but fewer than six 69
hundred inhabitants; 70
(r) Any county with more than twenty-two thousand but 71
fewer than twenty-five thousand inhabitants and with a 72
county seat with more than one hundred but fewer than five 73
hundred inhabitants; 74
(s) Any county with more than two hundred sixty 75
thousand but fewer than three hundred thousand inhabitants; 76
(t) Any county with more than two hundred thousand but 77
fewer than two hundred thirty thousand inhabitants; 78
(u) Any county with more than one hundred twenty 79
thousand but fewer than one hundred fifty thousand 80
inhabitants; 81
(v) Any county with more than fifty thousand but fewer 82
than sixty thousand inhabitants and with a county seat with 83
more than ten thousand but fewer than twelve thousand six 84
hundred inhabitants; 85
(w) Any county with more than one hundred thousand but 86
fewer than one hundred twenty thousand inhabitants and with 87
a county seat with more than nine thousand but fewer than 88
eleven thousand inhabitants; 89
(x) Any county with more than thirty thousand but 90
fewer than thirty-five thousand inhabitants and with a 91
county seat with more than three thousand eight hundred but 92
fewer than six thousand inhabitants; 93
(y) Any county with more than fifty thousand but fewer 94
than sixty thousand inhabitants and with a county seat with 95
more than seventeen thousand but fewer than twenty-one 96
thousand inhabitants; 97
SCS HB 3000 162
(z) Any county with more than thirty-five thousand but 98
fewer than forty thousand inhabitants and with a county seat 99
with more than five thousand but fewer than eight thousand 100
inhabitants; 101
(aa) Any county with more than thirty-five thousand 102
but fewer than forty thousand inhabitants and with a county 103
seat with more than ten thousand but fewer than fourteen 104
thousand inhabitants; 105
(bb) Any county with more than forty thousand but 106
fewer than fifty thousand inhabitants and with a county seat 107
with more than twenty-one thousand but fewer than thirty-one 108
thousand inhabitants; 109
(cc) Any county with more than nineteen thousand but 110
fewer than twenty-two thousand inhabitants and with a county 111
seat with more than one thousand but fewer than two thousand 112
two hundred twenty inhabitants; 113
(dd) Any county with more than fifteen thousand seven 114
hundred but fewer than seventeen thousand six hundred 115
inhabitants and with a county seat with more than seven 116
thousand but fewer than nine thousand inhabitants; 117
(ee) Any county with more than twenty-two thousand but 118
fewer than twenty-five thousand inhabitants and with a 119
county seat with more than nine hundred but fewer than one 120
thousand four hundred inhabitants; 121
(ff) Any county with more than eight thousand but 122
fewer than eight thousand nine hundred inhabitants and with 123
a county seat with more than eight hundred but fewer than 124
one thousand three hundred inhabitants; 125
(gg) Any county with more than twenty-two thousand but 126
fewer than twenty-five thousand inhabitants and with a 127
county seat with more than nine thousand but fewer than 128
twelve thousand five hundred inhabitants; 129
SCS HB 3000 163
(hh) Any county with more than eighty thousand but 130
fewer than one hundred thousand inhabitants and with a 131
county seat with more than thirteen thousand but fewer than 132
seventeen thousand inhabitants; 133
(ii) Any county with more than eight thousand nine 134
hundred but fewer than nine thousand nine hundred 135
inhabitants and with a county seat with more than five 136
thousand but fewer than six thousand inhabitants; 137
(jj) Any county with more than fourteen thousand but 138
fewer than fifteen thousand seven hundred inhabitants and 139
with a county seat with more than eight thousand but fewer 140
than ten thousand inhabitants; 141
(kk) Any county with more than fifty thousand but 142
fewer than sixty thousand inhabitants and with a county seat 143
with more than four thousand but fewer than seven thousand 144
inhabitants; 145
(ll) Any county with more than twelve thousand five 146
hundred but fewer than fourteen thousand inhabitants and 147
with a county seat with more than one thousand but fewer 148
than two thousand inhabitants; 149
(mm) Any county with more than seventy thousand but 150
fewer than eighty thousand inhabitants; 151
(nn) Any county with more than forty thousand but 152
fewer than fifty thousand inhabitants and with a county seat 153
with more than eighteen thousand but fewer than twenty-one 154
thousand inhabitants; 155
(oo) Any county with more than seventeen thousand six 156
hundred but fewer than nineteen thousand inhabitants and 157
with a county seat with more than four thousand but fewer 158
than five thousand fifty inhabitants; 159
(pp) Any county with more than nineteen thousand but 160
fewer than twenty-two thousand inhabitants and with a county 161
SCS HB 3000 164
seat with more than two thousand five hundred but fewer than 162
four thousand inhabitants; 163
(qq) Any county with more than seventeen thousand six 164
hundred but fewer than nineteen thousand inhabitants and 165
with a county seat with more than eight thousand but fewer 166
than ten thousand inhabitants; 167
(rr) Any county with more than thirty-five thousand 168
but fewer than forty thousand inhabitants and with a county 169
seat with more than five hundred but fewer than two thousand 170
inhabitants; 171
(ss) Any county with more than nine thousand nine 172
hundred but fewer than eleven thousand inhabitants and with 173
a county seat with more than six hundred but fewer than one 174
thousand inhabitants; 175
(tt) Any county with more than twenty-five thousand 176
but fewer than thirty thousand inhabitants and with a county 177
seat with more than two thousand five hundred but fewer than 178
six thousand inhabitants; 179
(uu) Any county with more than twenty-five thousand 180
but fewer than thirty thousand inhabitants and with a county 181
seat with more than fourteen thousand but fewer than twenty 182
thousand inhabitants; 183
(vv) Any county with more than fourteen thousand but 184
fewer than fifteen thousand seven hundred inhabitants and 185
with a county seat with more than four thousand five hundred 186
fifty but fewer than four thousand nine hundred inhabitants; 187
(ww) Any county with more than four hundred thousand 188
but fewer than five hundred thousand inhabitants; 189
(xx) Any county with more than twenty-two thousand but 190
fewer than twenty-five thousand inhabitants and with a 191
county seat with more than twelve thousand five hundred but 192
fewer than sixteen thousand inhabitants that was formerly 193
SCS HB 3000 165
described by paragraph (h) of this subdivision where the 194
question to impose the sales tax pursuant to this section 195
was approved by a majority of the qualified voters of said 196
public library district voting thereon prior to the issuance 197
of the notice of change of classification by the state 198
auditor pursuant to section 48.030. 199
(2) Any public library district listed in subdivision 200
(1) of this subsection may, by a majority vote of its board 201
of directors, impose a tax not to exceed one-half of one 202
cent, or for any county with more than one hundred thousand 203
but fewer than one hundred twenty thousand inhabitants and 204
with a county seat with more than nine thousand but fewer 205
than eleven thousand inhabitants or any county with more 206
than fifty thousand but fewer than sixty thousand 207
inhabitants and with a county seat with more than seventeen 208
thousand but fewer than twenty-one thousand inhabitants, not 209
to exceed one-third of one cent, on all retail sales subject 210
to taxation under sections 144.010 to 144.525 for the 211
purpose of funding the operation and maintenance of public 212
libraries within the boundaries of such library district. 213
If the library board approves placing the sales tax 214
authorized by this section on the ballot, then the county 215
commission shall comply and place the measure before the 216
voters. The tax authorized by this subsection shall be in 217
addition to all other taxes allowed by law. No tax under 218
this subsection shall become effective unless the board of 219
directors submits to the voters of the district, at a county 220
or state general, primary or special election, a proposal to 221
authorize the tax, and such tax shall become effective only 222
after the majority of the voters voting on such tax approve 223
such tax. 224
SCS HB 3000 166
2. (1) In the event the district seeks to impose a 225
sales tax under this subsection, the question shall be 226
submitted in substantially the following form: 227
If a majority of the votes cast on the proposal by the 232
qualified voters voting thereon are in favor of the 233
proposal, then the tax shall become effective. If a 234
majority of the votes cast by the qualified voters voting 235
are opposed to the proposal, then the board of directors 236
shall have no power to impose the tax unless and until 237
another proposal to authorize the tax is submitted to the 238
voters of the district and such proposal is approved by a 239
majority of the qualified voters voting thereon. The 240
provisions of sections 32.085 and 32.087 shall apply to any 241
tax approved under this subsection. 242
(2) (a) For any district located in a county with 243
more than four hundred thousand but fewer than five hundred 244
thousand inhabitants, any sales tax imposed pursuant to this 245
section shall be in conjunction with a real and personal 246
property tax reduction for each year in which the sales tax 247
is imposed. The ballot of submission for such district 248
shall contain, but need not be limited to, the following 249
language: 250
228
229
230
Shall a ______ cent sales tax be levied on all
retail sales within the district for the purpose
of providing funding for ______ library district?

231 □ YES □ NO
251
252
253
Shall the ______ library district impose a district-
wide sales tax of ______ (insert amount) and reduce
its total real and personal property tax levy

SCS HB 3000 167
If a majority of the votes cast on the proposal by the 262
qualified voters voting thereon are in favor of the 263
proposal, then the ordinance or order and any amendments 264
thereto shall be in effect. If a majority of the votes cast 265
by the qualified voters voting are opposed to the proposal, 266
then the board of directors shall have no power to impose 267
the sales tax and reduce the property tax as herein 268
authorized unless and until the board of directors shall 269
again have submitted another proposal to authorize the board 270
of directors to impose the sales tax and reduce the property 271
tax under the provisions of this section and such proposal 272
is approved by a majority of the qualified voters voting 273
thereon. 274
(b) Each year in which a sales tax is imposed pursuant 275
to this section, the board of directors shall, after 276
determining its budget, within the limits set by the 277
constitution and laws of this state for the following 278
calendar year and the total property tax levy needed to 279
raise the revenues required by such budget, reduce that 280
total real and personal property tax levy in an amount 281
sufficient to decrease the total property taxes it will 282
collect by an amount equal to one hundred percent of the 283
254
255
256
257
annually by one hundred percent of the total amount
of sales tax revenue collected in the same tax year
for the purpose of providing funding for _____
library district?
258 □ YES □ NO
259
260
261
If you are in favor of the question, place an "X" in
the box opposite "YES". If you are opposed to the
question, place an "X" in the box opposite "NO".

SCS HB 3000 168
sales tax revenue collected in the tax year for which the 284
property taxes are being levied, provided that for the first 285
three years following the adoption of the sales tax pursuant 286
to this section, the reduction made pursuant to this 287
subdivision shall be equal to thirty-three percent, sixty- 288
six percent, and one hundred percent, respectively, of the 289
sales tax revenue collected. 290
(3) For any district located in a county with more 291
than one hundred thousand but fewer than one hundred twenty 292
thousand inhabitants and with a county seat with more than 293
nine thousand but fewer than eleven thousand inhabitants or 294
any county with more than fifty thousand but fewer than 295
sixty thousand inhabitants and with a county seat with more 296
than seventeen thousand but fewer than twenty-one thousand 297
inhabitants, any sales tax imposed pursuant to this section 298
shall be in conjunction with the elimination of all real and 299
personal property tax levies imposed by the district for 300
each year in which the sales tax is imposed. The ballot of 301
submission for such district shall contain, but need not be 302
limited to, the following language: 303
304
305
306
307
308
Shall the ______ library district impose a district-
wide sales tax of ______ (insert amount) and
eliminate its total real and personal property tax
levy for the purpose of providing funding for _____
library district?

309 □ YES □ NO
310
311
312
If you are in favor of the question, place an "X" in
the box opposite "YES". If you are opposed to the
question, place an "X" in the box opposite "NO".

SCS HB 3000 169
If a majority of the votes cast on the proposal by the 313
qualified voters voting thereon are in favor of the 314
proposal, then the ordinance or order and any amendments 315
thereto shall be in effect. If a majority of the votes cast 316
by the qualified voters voting are opposed to the proposal, 317
then the board of directors shall have no power to impose 318
the sales tax and eliminate the property tax as herein 319
authorized unless and until the board of directors shall 320
again have submitted another proposal to authorize the board 321
of directors to impose the sales tax and eliminate the 322
property tax under the provisions of this section and such 323
proposal is approved by a majority of the qualified voters 324
voting thereon. 325
3. As used in this section, "qualified voters" or 326
"voters" means any individuals residing within the district 327
who are eligible to be registered voters and who have 328
registered to vote under chapter 115, or, if no individuals 329
are eligible and registered to vote reside within the 330
proposed district, all of the owners of real property 331
located within the proposed district who have unanimously 332
petitioned for or consented to the adoption of an ordinance 333
by the governing body imposing a tax authorized in this 334
section. If the owner of the property within the proposed 335
district is a political subdivision or corporation of the 336
state, the governing body of such political subdivision or 337
corporation shall be considered the owner for purposes of 338
this section. 339
4. For purposes of this section the term "public 340
library district" shall mean any city library district, 341
county library district, city-county library district, 342
SCS HB 3000 170
municipal library district, consolidated library district, 343
or urban library district. 344
5. The provisions of section 1.100 shall apply to any 345
sales tax approved by the voters of a public library 346
district located in a county described in subsection 1 of 347
this section. Once a library district located in such 348
county has come under the operation of this section, a 349
subsequent change in population or classification shall not 350
remove that county from the operation of this section 351
regardless of whether the county comes under the operation 352
of this section after the effective date of this section. 353
190.050. 1. After the ambulance district has been 1
declared organized, the declaring county commission[, except 2
in counties of the second class having more than one hundred 3
five thousand inhabitants located adjacent to a county of 4
the first class having a charter form of government which 5
has a population of over nine hundred thousand inhabitants, 6
shall divide the district into six election districts as 7
equal in population as possible, and shall by lot number the 8
districts from one to six inclusive. The county commission 9
shall cause an election to be held in the ambulance district 10
within ninety days after the order establishing the 11
ambulance district to elect ambulance district directors. 12
Each voter shall vote for one director from the ambulance 13
election district in which the voter resides. The directors 14
elected from districts one and four shall serve for a term 15
of one year, the directors elected from districts two and 16
five shall serve for a term of two years, and the directors 17
from districts three and six shall serve for a term of three 18
years; thereafter, the terms of all directors shall be three 19
years. All directors shall serve the term to which they 20
were elected or appointed, and until their successors are 21
SCS HB 3000 171
elected and qualified, except in cases of resignation or 22
disqualification. The county commission shall reapportion 23
the ambulance districts within sixty days after the 24
population of the county is reported to the governor for 25
each decennial census of the United States. Notwithstanding 26
any other provision of law, if the number of candidates for 27
the office of director is no greater than the number of 28
directors to be elected, no election shall be held, and the 29
candidates shall assume the responsibilities of their 30
offices at the same time and in the same manner as if they 31
have been elected. 32
2. In all counties of the second class having more 33
than one hundred five thousand inhabitants located adjacent 34
to a county of the first class having a charter form of 35
government which has a population of over nine hundred 36
thousand inhabitants,] shall order an election be held on 37
the next regularly scheduled election date and the voters 38
shall vote for six directors elected at large from within 39
the district for a term of three years. [Those directors 40
holding office in any district in such a county on August 41
13, 1976, shall continue to hold office until the expiration 42
of their terms, and their successors shall be elected from 43
the district at large for a term of three years. In any 44
district formed in such counties after August 13, 1976, the 45
governing body of the county shall cause an election to be 46
held in that district within ninety days after the order 47
establishing the ambulance district to elect ambulance 48
district directors.] Each voter shall vote for six 49
directors. The two candidates receiving the highest number 50
of votes at such election shall be elected for a term of 51
three years, the two candidates receiving the third and 52
fourth highest number of votes shall be elected for a term 53
SCS HB 3000 172
of two years, the two candidates receiving the fifth and 54
sixth highest number of votes shall be elected for a term of 55
one year; thereafter, the term of all directors shall be 56
three years. A director holding office as of August 28, 57
2026, shall continue as an at-large director for the 58
remainder of such director's existing term. 59
[3.] 2. A candidate for director of the ambulance 60
district shall, at the time of filing, be a citizen of the 61
United States, [a qualified voter of the election district 62
as provided in subsection 1 of this section,] a resident of 63
the district for two years next preceding the election, and 64
shall be at least twenty-four years of age. In an 65
established district which is located within the 66
jurisdiction of more than one election authority, the 67
candidate shall file his or her declaration of candidacy 68
with the secretary of the board. In all other districts, a 69
candidate shall file a declaration of candidacy with the 70
county clerk of the county in which he or she resides. A 71
candidate shall file a statement under oath that he or she 72
possesses the required qualifications. No candidate's name 73
shall be printed on any official ballot unless the candidate 74
has filed a written declaration of candidacy pursuant to 75
subsection 5 of section 115.127. If the time between the 76
county commission's call for a special election and the date 77
of the election is not sufficient to allow compliance with 78
subsection 5 of section 115.127, the county commission 79
shall, at the time it calls the special election, set the 80
closing date for filing declarations of candidacy. 81
3. Any ambulance district may adopt and establish 82
election subdistricts by ordinance, providing that each 83
election subdistrict shall be composed of contiguous 84
territory as compact and as nearly equal in population as 85
SCS HB 3000 173
may be, and that each board member shall be a resident of 86
the election subdistrict that they represent at the time of 87
their election and for the duration of their term. Such 88
ordinance shall only be adopted, amended, or repealed by a 89
two-thirds majority vote of the board of directors. 90
4. Notwithstanding any other provision of law to the 91
contrary, if the number of candidates for the office of 92
director is less than the number of directors to be elected, 93
no election shall be held, and the candidates shall assume 94
the responsibilities of their offices at the same time and 95
in the same manner as if they were elected. 96
190.051. 1. Notwithstanding the provisions of 1
sections 190.050 and 190.052 to the contrary, upon a 2
[motion] resolution adopted by the board of directors in 3
districts where there are six-member boards, and upon 4
approval by the voters in the district, the number of 5
directors may be increased to seven [with one board member 6
running district wide,] or decreased to five or three board 7
members. The resolution shall state the names of the 8
existing directors who will fill the positions on the board 9
if such measure is approved by the voters, as well as any 10
vacancies to be filled by subsequent election, and shall 11
state the dates on which those terms shall conclude. 12
2. The ballot to be used for the approval of the 13
voters to increase or decrease the number of members on the 14
board of directors of the ambulance district shall be 15
substantially in the following form: 16
17
18
19

Shall the number of members of the board of
directors of the ______ (Insert name of district)
Ambulance District be (increased to seven

SCS HB 3000 174
[2.] 3. If a majority of the voters voting on a 23
proposition to increase the number of board members [to 24
seven] vote in favor of the proposition, then at the next 25
election of board members after the voters vote to increase 26
the number of directors, the voters shall select [one person 27
to serve in addition to the existing six directors as the 28
member who shall run district wide] additional persons to 29
fill any such vacancies. 30
[3.] 4. If a majority of the voters voting on a 31
proposition to decrease the number of board members vote in 32
favor of the proposition, then the [county clerk shall 33
redraw the district into the resulting number of 34
subdistricts with equal population bases and hold elections 35
by subdistricts pursuant to section 190.050] existing board 36
members stated in the board resolution shall complete the 37
terms specified therein. Thereafter, members of the board 38
shall be elected to serve terms of three years and until 39
their successors are duly elected and qualified. 40
[4. Members of the board of directors in office on the 41
date of an election pursuant to this section to increase or 42
decrease the number of members of the board of directors 43
shall serve the term to which they were elected or appointed 44
and until their successors are elected and qualified.] 45
190.052. Any member of the board of directors who 1
moves residency from the district [from which the member was 2
elected] shall be disqualified as a member of the board. If 3
one or two vacancies occur in the membership of the board as 4
20
21
members/decreased to five members/decreased to
three members)?
22 □ YES □ NO
SCS HB 3000 175
a result of death, resignation, or disqualification, the 5
remaining members shall appoint one or two qualified 6
persons, as provided in section 190.050, to fill the 7
vacancies until the end of the unexpired term. Such 8
appointment shall be made with the consent of a majority of 9
the remaining members of the board. If the board is unable 10
to agree in filling a vacancy [within sixty days or if there 11
are more than two vacancies at any one time], the county 12
commission, upon [notice from the board of failure to agree 13
in filling the vacancies] the written request of a majority 14
of the remaining board members or the ambulance service 15
administrator, as described in section 190.112, shall within 16
[ten] thirty calendar days fill them by appointment of 17
qualified persons, as provided in section 190.050, and shall 18
notify the persons in writing of their appointment. The 19
persons appointed shall serve for the unexpired term. 20
190.070. 1. A petition for annexation of land to an 1
ambulance district shall be signed by not less than ten 2
percent or fifty voters, whichever is fewer, residing within 3
the territory therein described proposed for annexation and 4
shall be [filed with the county clerk of the county in which 5
the district or the greater portion thereof is situated, and 6
shall be addressed to the commissioners of the county 7
commission] presented to the board of directors of the 8
ambulance district. A hearing shall be held thereon as 9
nearly as possible as in the case of a formation petition. 10
If upon the hearing the [commissioners of the county 11
commission find] board of directors finds that the petition 12
is in compliance with the provisions of sections 190.005 to 13
190.085, they shall order the question to be submitted to 14
the voters within the territory and within the district. 15
SCS HB 3000 176
2. The question shall be submitted in substantially 16
the following form to all of the voters in the existing 17
ambulance district and the area proposed to be annexed: 18
Shall ______ (description of territory) be 19
annexed to the ______ ambulance district, and a 20
tax imposed within such annexed area equal to 21
the existing rate of the _____ ambulance 22
district? 23
3. If a majority of the votes cast on the question [in 24
the district and in the territory described in the petition, 25
respectively,] are in favor of the annexation, the 26
[commissioners of the county commission shall by order 27
declare] board of directors shall enact an ordinance 28
incorporating the territory annexed and shall describe the 29
altered boundaries of the district. A copy of the same 30
shall be filed with the county clerk. 31
190.090. 1. Two or more organized ambulance districts 1
may consolidate into one ambulance district by following the 2
procedures set forth in this section. 3
2. If the consolidation of existing ambulance 4
districts is desired, a number of voters residing in an 5
existing ambulance district equal to ten percent of the vote 6
cast for governor in the existing district in the next 7
preceding gubernatorial election may file with the county 8
clerk in which the territory or greater part of the proposed 9
consolidated district is situated a petition requesting the 10
consolidation of two or more existing ambulance districts. 11
3. The petition shall be in the following form: 12
We, the undersigned voters of the ______ 13
ambulance district do hereby petition that 14
______ existing ambulance districts be 15
consolidated into one consolidated ambulance 16
SCS HB 3000 177
district to be known as the _____ Ambulance 17
District, subject to the attached consolidation 18
plan. 19
4. An alternative procedure of consolidation may be 20
followed, if the board of directors of the existing 21
ambulance districts pass a resolution in the following form: 22
Be it resolved by the board of directors of 23
the ambulance district that the ______ ambulance 24
districts be consolidated into one consolidated 25
ambulance district to be known as the _____ 26
Ambulance District, subject to the attached 27
consolidation plan. 28
5. Every petition or resolution shall be accompanied 29
by a consolidation plan outlining the process for the 30
proposed consolidation. At a minimum, the consolidation 31
plan shall include the following: 32
(1) The name of the proposed consolidated district, a 33
legal description of the boundaries of such consolidated 34
district, and the proposed tax levy to be imposed by the 35
consolidated district. In the event that the proposed plan 36
is for the consolidation into an existing district, the 37
consolidation plan shall clearly state that the existing 38
district shall continue as the legal entity into which the 39
other districts are consolidated; 40
(2) The names of the districts to be consolidated, 41
accompanied by a list of all real property owned and 42
financial assets currently held by the district, all 43
outstanding bonds or debts of each of said districts, and 44
the current tax levies imposed by each of said districts; 45
(3) The name of the district which shall be 46
responsible for maintaining ambulance service during the 47
consolidation, including continuing operations, 48
SCS HB 3000 178
administration, and governance of the consolidated district, 49
provided that there shall be a presumption that the district 50
with the largest operating budget in the preceding fiscal 51
year shall assume such responsibility; 52
(4) The proposed number of board members and specific 53
individuals who will serve as the initial directors, 54
provided that such directors shall be chosen from among the 55
existing board members of the districts to be consolidated 56
such that there is at least one director from each of the 57
districts to be consolidated; and 58
(5) A proposed time line for consolidation, which 59
shall not exceed one hundred eighty days, provided that such 60
time line shall be subject to modification by the board of 61
the consolidated district for good cause. 62
6. Upon the filing of a petition, or a resolution, and 63
a consolidation plan with the county clerk from each of the 64
ambulance districts proposed to be consolidated, the county 65
clerk shall present the petition or resolution and 66
consolidation plan to the commissioners of the county 67
commission [having jurisdiction who shall thereupon order 68
the submission of the question to the voters of the 69
districts. The filing of each of the petitions in the 70
ambulance districts shall have occurred within a continuous 71
twelve-month period. 72
6. The notice shall set forth the names of the 73
existing ambulance districts to be included in the 74
consolidated district. 75
7. The question shall be submitted in substantially 76
the following form: 77
Shall the existing ______ ambulance 78
districts be consolidated into one ambulance 79
district? 80
SCS HB 3000 179
8. If the county commission having jurisdiction finds 81
that the question to consolidate the districts received a 82
majority of the votes cast, the commission shall make and 83
enter its order declaring that the proposition passed. 84
9. Within thirty days after the district has been 85
declared consolidated, the county commission shall divide 86
the district into six election districts and shall order an 87
election to be held and conducted as provided in section 88
190.050 for the election of directors. 89
10. Within thirty days after the election of the 90
initial board of directors of the district, the directors 91
shall meet and the time and place of the first meeting of 92
the board shall be designated by the county commission. At 93
the first meeting the newly elected board of directors shall 94
choose a name for the consolidated district and shall notify 95
the clerk of the county commission of each county within 96
which the consolidated district is located of the name of 97
the consolidated district. 98
11. On the thirtieth day following the election of the 99
board of directors, the existing ambulance districts shall 100
cease to exist and the consolidated district shall assume 101
all of the powers and duties exercised by those districts. 102
All assets and obligations of the existing ambulance 103
districts shall become assets and obligations of the 104
consolidated district], who shall record such documents in 105
the records of the county. A petition or resolution for a 106
proposed consolidation shall be received from all ambulance 107
districts within the same calendar year or shall be 108
considered null and void. 109
7. Each of the ambulance districts seeking to 110
consolidate shall post the notice of the intent to 111
consolidate in the same manner as district public meetings 112
SCS HB 3000 180
are posted. In addition, publication of such notice of 113
intent shall be made in a newspaper of general circulation 114
in every county in which the proposed consolidated ambulance 115
district shall be located, with publication to be made once 116
per week for two consecutive weeks. A public hearing shall 117
be held jointly by all ambulance districts seeking to 118
consolidate at a location within the boundaries of the 119
proposed consolidated ambulance district, provided that such 120
hearing shall be no more than ten days after the date of the 121
second publication. The notice of intent shall be in 122
substantially the following form: 123
124
125
126
NOTICE OF THE FILING OF A PETITION/RESOLUTION
FOR CONSOLIDATION OF THE ______ AMBULANCE
DISTRICTS

127
128
129
130
131
132
133
134
135
136
137
To all voters, residents, and interested
persons within the boundaries of the above-
described ambulance districts: You are
hereby notified that a petition/resolution
has been filed for the consolidation of the
above-named ambulance districts into one
consolidated ambulance district to be known
as _____ Ambulance District. A proposed
consolidation plan is available for
inspection at the office of the County Clerk
of _____ County.

138
139
140
141
142
143
A public hearing will be held on ______
(date) at ________ (time) at the following
location: ________. The purpose of this
public hearing shall be to explain the
reasons for the consolidation and answer
questions from the public.

144
145
146
Objections to this consolidation may be filed
with the County Clerk of _____ County,
provided such objections are filed in writing

SCS HB 3000 181
8. If no objections are filed with the county clerk 152
within thirty days after the public hearing, then within 153
forty-five days following the date of the public hearing, 154
the county commission shall order the districts consolidated 155
pursuant to the terms of the consolidation plan and shall 156
further appoint as directors those individuals identified in 157
the consolidation plan. The county commission shall further 158
set a date, time, and location for the first meeting of the 159
directors of the newly consolidated district. 160
9. Upon receipt of any objections filed, the county 161
clerk shall verify that such objections are signed by the 162
necessary number of voters of the district. If said 163
objections are signed by an appropriate number of voters, 164
the county commission of each county in which the proposed 165
consolidated district is to be located shall thereupon order 166
the submission of the question to the voters of the 167
districts. The question shall be submitted in substantially 168
the following form: 169
147
148
149
150
151
not less than thirty days after the public
hearing. Any such objection must be signed
by a number of voters not less than five
percent of the votes cast for governor in the
most recent gubernatorial election.
170
171
172
173
174
175
176
177
178
Shall the existing ______ ambulance districts
be consolidated into one ambulance district to
be known as the _________ Ambulance District,
with such consolidated district authorized to
levy a property tax not to exceed the annual
rate of ______ cents on the hundred dollars
assessed valuation or a sales tax in an amount
not to exceed ______ percent, or a combination
of both?

SCS HB 3000 182
If the county commission having jurisdiction finds that the 179
question to consolidate the districts received a majority of 180
the votes cast, the commission shall make and enter its 181
order declaring that the proposition passed. The county 182
commission shall further order the districts consolidated 183
pursuant to the terms of the consolidation plan and shall 184
further appoint as directors those individuals identified in 185
the consolidation plan. The county commission shall further 186
set a date, time, and location for the first meeting of the 187
directors of the newly consolidated district. 188
10. Notwithstanding any other provision of law to the 189
contrary, the consolidated district may impose an initial 190
tax levy up to the highest tax levy of the consolidating 191
districts, provided such tax levy is specifically set forth 192
in the ballot language submitted to and approved by the 193
voters of the consolidating district. 194
11. Without a vote of the residents of the 195
consolidated district as provided in this section, no 196
consolidated ambulance district shall be permitted to impose 197
a property tax greater than the lowest of any existing 198
property tax rate of the districts to be consolidated, nor 199
shall the consolidated ambulance district be permitted to 200
impose any sales tax greater than the lowest of any existing 201
sales tax rate of the districts to be consolidated. 202
12. Upon written certification by the board of 203
directors of the consolidated district to the prior district 204
that the consolidated district has obtained the necessary 205
licenses and permits to operate an ambulance service and all 206
directors of such consolidated district have completed the 207
training required by section 190.053, the existing ambulance 208
districts shall cease to exist and the consolidated district 209
SCS HB 3000 183
shall assume all of the powers and duties exercised by those 210
districts. All assets and obligations of the existing 211
ambulance districts shall become assets and obligations of 212
the consolidated district. 213
13. Any ambulance district that has contracted for 214
ambulance service with another ambulance district for more 215
than five consecutive years may submit a joint resolution 216
executed by the boards of both ambulance districts to the 217
county clerk of the county in which the larger area of the 218
proposed consolidated district is located, requesting 219
consolidation of said districts by consolidating the smaller 220
districts into the larger district. Such resolution shall 221
be accompanied by a consolidation plan as provided in this 222
section. Upon the receipt of such joint resolution, the 223
county commission shall promptly order the smaller districts 224
consolidated into the larger district pursuant to the terms 225
of the consolidation plan without the necessity of providing 226
notice or public hearing. 227
249.255. 1. Should a public sewer district created 1
and organized pursuant to constitutional or statutory 2
authority place a lien upon a customer's property for unpaid 3
sewer charges, the lien, once properly recorded, shall have 4
priority above all liens except for those taxes levied for 5
state and county purposes. 6
2. Should the sewer charges of a public sewer district 7
created and organized pursuant to constitutional or 8
statutory authority remain unpaid for a period in excess of 9
three months, the district, after notice to the customer by 10
certified mail, shall have the authority at its discretion, 11
to disconnect the customer's sewer line from the district's 12
line or request any private water company, public water 13
supply district, or any municipality supplying water to the 14
SCS HB 3000 184
premises to discontinue service to the customer until such 15
time as the sewer charges and all related costs of this 16
section are paid. 17
251.034. Payments made under sections 251.032 to 1
251.038 to the various regional planning commissions shall 2
be distributed on a matching basis of one-half state funds 3
for one-half of local funds. No local unit shall receive 4
any payment without providing the matching funds required. 5
The state funds so allocated shall not exceed the sum of 6
[sixty-five] one hundred thirty thousand dollars for the 7
East-West Gateway Coordinating Council and for the Mid- 8
America Regional Council. The remaining allocated state 9
funds shall not exceed the sum of [twenty-five] fifty 10
thousand dollars for each of the following regional planning 11
commissions: South Central Ozark, Ozark Foothills, Green 12
Hills, [Show-Me,] Bootheel, [Missouri Valley, Ozark 13
Gateway,] Mark Twain, [ABCD,] Southeast Missouri, Boonslick, 14
Northwest Missouri, Mid-Missouri, Kaysinger Basin, Lake of 15
the Ozarks, Meramec, Northeast Missouri, Harry S Truman, MO- 16
Kan, Pioneer Trails, and [Lakes Country] Southwest 17
Missouri. Beginning July 1, 2027, and each year after, the 18
maximum grant amount for each regional planning commission 19
shall be adjusted with the consumer price index. 20
311.083. 1. As used in this section, the following 1
terms mean: 2
(1) "Common area", any public area within an 3
entertainment district and any area of a public right-of-way 4
that is within the entertainment district. "Common area" 5
shall not include areas open to the public that are located 6
within an establishment licensed under this chapter; 7
(2) "Entertainment district", any area in any county 8
that: 9
SCS HB 3000 185
(a) a. Borders on or that contains part of a lake 10
with no less than one thousand miles of shoreline and that 11
is located in any city with more than four thousand four 12
hundred but fewer than four thousand nine hundred 13
inhabitants and partially located in a county with more than 14
forty thousand but fewer than fifty thousand inhabitants; or 15
b. Borders the Missouri river, and that is located in 16
any city with more than forty-six thousand but fewer than 17
fifty-one thousand inhabitants; 18
(b) Contains a combination of entertainment venues, 19
bars, nightclubs, restaurants, and other licensed 20
establishments and common areas; and 21
(c) Is designated as such by an ordinance of the 22
governing body of the city; 23
(3) "Portable bar", any bar, table, kiosk, cart, or 24
stand that is not a permanent fixture and can be moved from 25
place to place. 26
2. Notwithstanding any other provisions of this 27
chapter to the contrary, any person who possesses the 28
qualifications required under this chapter, and who meets 29
the requirements of and complies with the provisions of this 30
chapter, may apply for, and the supervisor of alcohol and 31
tobacco control may issue, an entertainment district special 32
license to sell intoxicating liquor by the drink for retail 33
for consumption dispensed from one or more licensed 34
establishments including, but not limited to, portable bars 35
within the entertainment district, until 1:30 a.m. on 36
Mondays through Saturdays and from 6:00 a.m. on Sundays and 37
until 1:30 a.m. on Mondays. 38
3. An applicant granted an entertainment district 39
special license under this section shall pay a license fee 40
of three hundred dollars per year. 41
SCS HB 3000 186
4. Notwithstanding any other provision of this chapter 42
to the contrary, on such days and at such times during the 43
hours a licensee is allowed under this chapter to sell 44
alcoholic beverages, licensed establishments holding an 45
entertainment district special license under this section, 46
may allow persons to leave the licensed premises located in 47
portions of the entertainment district with an alcoholic 48
beverage and enter upon and consume the alcoholic beverage 49
within other licensed establishments and common areas 50
located in portions of the entertainment district. No 51
person shall take any alcoholic beverage or alcoholic 52
beverages outside the boundaries of the entertainment 53
district. 54
5. Every licensee within the entertainment district 55
shall serve alcoholic beverages in containers that display 56
and contain the licensee's trade name or logo or some other 57
mark that is unique to that license and licensee. 58
6. The holder of an entertainment district special 59
license is solely responsible for alcohol violations 60
occurring on its premises, including any portable bar, and 61
in any common area. 62
7. The governing body of the city in which the 63
entertainment district is located shall be authorized to 64
adopt by ordinance procedures for approval or rejection of 65
such entertainment districts as well as rules and 66
regulations for conduct and enforcement thereof consistent 67
with this section. 68
321.220. For the purpose of providing fire protection 1
to the property within the district, the district and, on 2
its behalf, the board shall have the following powers, 3
authority and privileges: 4
(1) To have perpetual existence; 5
SCS HB 3000 187
(2) To have and use a corporate seal; 6
(3) To sue and be sued, and be a party to suits, 7
actions and proceedings; 8
(4) To enter into contracts, franchises and agreements 9
with any person, partnership, association or corporation, 10
public or private, affecting the affairs of the district, 11
including contracts with any municipality, district or 12
state, or the United States of America, and any of their 13
agencies, political subdivisions or instrumentalities, for 14
the planning, development, construction, acquisition or 15
operation of any public improvement or facility, or for a 16
common service relating to the control or prevention of 17
fires, including the installation, operation and maintenance 18
of water supply distribution, fire hydrant and fire alarm 19
systems; provided, that a notice shall be published for bids 20
on all construction or purchase contracts for work or 21
material or both, outside the authority contained in 22
subdivision (9) of this section, involving an expense of 23
[ten] fifty thousand dollars or more; 24
(5) Upon approval of the voters as herein provided, to 25
borrow money and incur indebtedness and evidence the same by 26
certificates, notes or debentures, and to issue bonds, in 27
accordance with the provisions of this chapter; 28
(6) To acquire, construct, purchase, maintain, dispose 29
of and encumber real and personal property, fire stations, 30
fire protection and fire-fighting apparatus and auxiliary 31
equipment therefor, and any interest therein, including 32
leases and easements; 33
(7) To refund any bonded indebtedness of the district 34
without an election. The terms and conditions of refunding 35
bonds shall be substantially the same as those of the 36
original issue of bonds, and the board shall provide for the 37
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payment of interest, at not to exceed the legal rate, and 38
the principal of such refunding bonds in the same manner as 39
is provided for the payment of interest and principal of 40
bonds refunded; 41
(8) To have the management, control and supervision of 42
all the business and affairs of the district, and the 43
construction, installation, operation and maintenance of 44
district improvements therein; 45
(9) To hire and retain agents, employees, engineers 46
and attorneys, including part-time or volunteer firemen; 47
(10) To have and exercise the power of eminent domain 48
and in the manner provided by law for the condemnation of 49
private property for public use to take any property within 50
the district necessary to the exercise of the powers herein 51
granted; 52
(11) To receive and accept by bequest, gift or 53
donation any kind of property. Notwithstanding any other 54
provision of law to the contrary, any property received by 55
the fire protection district as a gift or any property 56
purchased by the fire protection district at a price below 57
the actual market value of the property may be returned to 58
the donor or resold to the seller if such property is not 59
used for the specific purpose for which it was acquired; 60
(12) To adopt and amend bylaws, fire protection and 61
fire prevention ordinances, and any other rules and 62
regulations not in conflict with the constitution and laws 63
of this state, necessary for the carrying on of the 64
business, objects and affairs of the board and of the 65
district, and refer to the proper authorities for 66
prosecution any infraction thereof detrimental to the 67
district. However, fire protection and fire prevention 68
ordinances shall not be exercised so as to impose 69
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regulations or to require permits with respect to the 70
erection, maintenance, repair, alteration, or extension of 71
farm buildings or farm structures. Any person violating any 72
such ordinance is hereby declared to be guilty of a 73
misdemeanor, and upon conviction thereof shall be punished 74
as is provided by law therefor. The prosecuting attorney 75
for the county in which the violation occurs shall prosecute 76
such violations in the circuit court of that county. The 77
legal officer or attorney for the fire district may be 78
appointed by the prosecuting attorney as special assistant 79
prosecuting attorney for the prosecution of any such 80
violation. The enactments of the fire district in 81
delegating administrative authority to officials of the 82
district may provide standards of action for the 83
administrative officials, which standards are declared as 84
industrial codes adopted by nationally organized and 85
recognized trade bodies. The board shall have the power to 86
adopt an ordinance, rule, or regulation allowing the 87
district to charge individuals who reside outside of the 88
district, but who receive emergency services within the 89
boundaries of the district, for the actual and reasonable 90
cost of such services. However, such actual and reasonable 91
costs shall not exceed one hundred dollars for responding to 92
each fire call or alarm and two hundred fifty dollars for 93
each hour or a proportional sum for each quarter hour spent 94
in combating a fire or emergency; 95
(13) To pay all court costs and expenses connected 96
with the first election or any subsequent election in the 97
district; 98
(14) To have and exercise all rights and powers 99
necessary or incidental to or implied from the specific 100
powers granted herein. Such specific powers shall not be 101
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considered as a limitation upon any power necessary or 102
appropriate to carry out the purposes and intent of this 103
chapter; 104
(15) To provide for health, accident, disability and 105
pension benefits for the salaried members of its organized 106
fire department of the district and such other benefits for 107
their spouses and eligible unemancipated children, through 108
either or both a contributory or noncontributory plan. For 109
purposes of this section, "eligible unemancipated child" 110
means a natural or adopted child of an insured, or a 111
stepchild of an insured who is domiciled with the insured, 112
who is less than twenty-three years of age, who is not 113
married, not employed on a full-time basis, not maintaining 114
a separate residence except for full-time students in an 115
accredited school or institution of higher learning, and who 116
is dependent on parents or guardians for at least fifty 117
percent of his or her support. The type and amount of such 118
benefits shall be determined by the board of directors of 119
the fire protection district within the level of available 120
revenues of the pension program and other available revenues 121
of the district. If an employee contributory plan is 122
adopted, then at least one voting member of the board of 123
trustees shall be a member of the fire district elected by 124
the contributing members, which shall not be the same as the 125
board of directors; 126
(16) To contract with any municipality that is 127
contiguous to a fire protection district for the fire 128
protection district to provide fire protection to the 129
municipality for a fee as hereinafter provided; 130
(17) To provide for life insurance, accident, 131
sickness, health, disability, annuity, length of service, 132
pension, retirement and other employee-type fringe benefits, 133
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subject to the provisions of section 70.615, for the 134
volunteer members of any organized fire department of the 135
district and such other benefits for their spouses and 136
eligible unemancipated children, through either a 137
contributory or noncontributory plan, or both. For purposes 138
of this section, "eligible unemancipated child" means a 139
natural or adopted child of an insured, or a stepchild of an 140
insured who is domiciled with the insured, who is less than 141
twenty-three years of age, who is not married, not employed 142
on a full-time basis, not maintaining a separate residence 143
except for full-time students in an accredited school or 144
institution of higher learning, and who is dependent on 145
parents or guardians for at least fifty percent of his or 146
her support. The type and amount of such benefits shall be 147
determined by the board of directors of the fire protection 148
district within available revenues of the district, 149
including the pension program of the district. The 150
provision and receipt of such benefits shall not make the 151
recipient an employee of the district. Directors who are 152
also volunteer members may receive such benefits while 153
serving as a director of the district; 154
(18) To contract for services with any rural, 155
volunteer or subscription fire department or organization, 156
or volunteer fire protection association, as defined in 157
section 320.300, for the purpose of providing the benefits 158
described in subdivision (17) of this section. 159
347.048. 1. (1) Any limited liability company that 1
owns and rents or leases real property, or owns unoccupied 2
real property, located within: 3
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(a) Any home rule city with a population of more than 4
four hundred thousand inhabitants which is located in more 5
than one county; 6
(b) Any home rule city with more than one hundred 7
sixteen thousand but fewer than one hundred fifty-five 8
thousand inhabitants; [or] 9
(c) Any home rule city with more than seventy-one 10
thousand but fewer than seventy-nine thousand inhabitants; or 11
(d) Any county with more than one million inhabitants 12
shall file with that city's or county's clerk an affidavit 13
listing the name and street address of at least one natural 14
person who has management control and responsibility for the 15
real property owned and leased or rented by the limited 16
liability company, or owned by the limited liability company 17
and unoccupied. 18
(2) Within thirty days following the cessation of 19
management control and responsibility of any natural person 20
named in an affidavit described in this section, the limited 21
liability company shall file a successor affidavit listing 22
the name and street address of a natural person successor. 23
2. No limited liability company shall be charged a fee 24
for filing an affidavit or successor affidavit required 25
under this section. 26
3. If a limited liability company required by this 27
section to file an affidavit or a successor affidavit fails 28
or refuses to file such completed affidavit with the 29
appropriate clerk, any person who is adversely affected by 30
the failure or refusal, the county, or the home rule city 31
may petition the circuit court in the county where the 32
SCS HB 3000 193
property is located to direct the execution and filing of 33
such document. 34
473.742. 1. Each public administrator in counties of 1
the second, third or fourth classification and in the City 2
of St. Louis shall make a determination within thirty days 3
after taking office whether such public administrator shall 4
elect to receive a salary as defined herein or receive fees 5
as may be allowed by law to executors, administrators and 6
personal representatives. The election by the public 7
administrator shall be made in writing to the county clerk. 8
Should the public administrator elect to receive a salary, 9
the public administrator's office may not then elect to 10
change at any future time to receive fees in lieu of 11
salary. Every public administrator who begins his or her 12
first term on or after January 1, 2024, shall be deemed to 13
have elected to receive a salary as provided in this section. 14
2. If a public administrator elects to be placed on 15
salary, the salary shall be based upon the average number of 16
open letters in the two years preceding the term when the 17
salary is elected, based upon the following schedule: 18
(1) Zero to five letters: salary shall be a minimum 19
of seven thousand five hundred dollars; 20
(2) Six to fifteen letters: salary shall be a minimum 21
of fifteen thousand dollars; 22
(3) Sixteen to twenty-five letters: salary shall be a 23
minimum of twenty thousand dollars; 24
(4) Twenty-six to thirty-nine letters: salary shall 25
be a minimum of twenty-five thousand dollars; 26
(5) Public administrators with forty or more letters 27
shall be considered full-time county officials and shall be 28
SCS HB 3000 194
paid according to the assessed valuation schedule set forth 29
below: 30
31 Assessed Valuation Salary
32 $ 8,000,000 to 40,999,999 $29,000
33 $ 41,000,000 to 53,999,999 $30,000
34 $ 54,000,000 to 65,999,999 $32,000
35 $ 66,000,000 to 85,999,999 $34,000
36 $ 86,000,000 to 99,999,999 $36,000
37 $ 100,000,000 to 130,999,999 $38,000
38 $ 131,000,000 to 159,999,999 $40,000
39 $ 160,000,000 to 189,999,999 $41,000
40 $ 190,000,000 to 249,999,999 $41,500
41 $ 250,000,000 to 299,999,999 $43,000
42 $ 300,000,000 to 449,999,999 $45,000
43 $ 450,000,000 to 599,999,999 $47,000
44 $ 600,000,000 to 749,999,999 $49,000
45 $ 750,000,000 to 899,999,999 $51,000
46 $ 900,000,000 to 1,049,999,999 $53,000
47 $ 1,050,000,000 to 1,199,999,999 $55,000
48 $ 1,200,000,000 to 1,349,999,999 $57,000
49 $ 1,350,000,000 and over $59,000
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(6) A public administrator with forty or more letters 50
who begins a term after August 28, 2026, shall receive an 51
annual salary computed as set forth in the following 52
schedule: 53
54 Assessed Valuation Salary
55 Under $51,000,000 $36,100
56 51,000,000 to 100,000,000 39,100
57 100,000,001 to 150,000,000 42,100
58 150,000,001 to 200,000,000 45,100
59 200,000,001 to 250,000,000 48,100
60 250,000,001 to 300,000,000 51,100
61 300,000,001 to 350,000,000 54,100
62 350,000,001 to 400,000,000 57,100
63 400,000,001 to 450,000,000 60,100
64 450,000,001 to 500,000,000 63,100
65 500,000,001 to 550,000,000 66,100
66 550,000,001 to 600,000,000 69,100
67 600,000,001 to 1,000,000,000 72,100
68 1,000,000,001 to 5,000,000,000 75,100
69 5,000,000,001 to 10,000,000,000 78,100
70 10,000,000,001 or more 81,100
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(7) The public administrator in the City of St. Louis 71
shall receive a salary not less than sixty-five thousand 72
dollars; 73
[(7)] (8) Two thousand dollars of the compensation 74
authorized in this section shall be payable to the public 75
administrator only if he or she has completed at least 76
twenty hours of instruction each calendar year relating to 77
the operations of the public administrator's office when 78
approved by a professional association of the county public 79
administrators of Missouri unless exempted from the training 80
by the professional association. The professional 81
association approving the program shall provide a 82
certificate of completion to each public administrator who 83
completes the training program and shall send a list of 84
certified public administrators to the treasurer of each 85
county. Expenses incurred for attending the training 86
session shall be reimbursed to the county public 87
administrator in the same manner as other expenses as may be 88
appropriated for that purpose. 89
3. If a public administrator is appointed by the court 90
as both a guardian and a conservator to the same ward or 91
protectee, it shall be considered two letters. 92
4. Notwithstanding subsection 2 or 5 of this section 93
to the contrary, upon majority approval by the salary 94
commission, a public administrator may be paid according to 95
the assessed valuation schedule set forth in subdivision (5) 96
of subsection 2 of this section. If the salary commission 97
elects to pay a public administrator according to the 98
assessed valuation schedule, the salary commission shall not 99
elect to change at any future time to pay the public 100
administrator's office according to the average number of 101
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open letters in lieu of paying them according to the 102
assessed valuation schedule. 103
5. The initial compensation of the public 104
administrator who elects to be put on salary shall be 105
determined by the average number of letters for the two 106
years preceding the term when the salary is elected. Salary 107
increases or decreases according to the minimum schedule set 108
forth in this section shall be adjusted only after the 109
number of open letters places the workload in a different 110
subdivision for two consecutive years. Minimum salary 111
increases or decreases shall only take effect upon a new 112
term of office of the public administrator. The number of 113
letters each year shall be determined in accordance with the 114
reporting requirements set forth in law. 115
6. All fees collected by a public administrator who 116
elects to be salaried shall be deposited in the county 117
treasury or with the treasurer for the City of St. Louis. 118
7. Any public administrator in a county of the first 119
classification without a charter form of government with a 120
population of less than one hundred thousand inhabitants who 121
elects to receive fees in lieu of a salary pursuant to this 122
section may elect to join the Missouri local government 123
employees' retirement system created pursuant to sections 124
70.600 to 70.755. 125
8. (1) A letter of guardianship and a letter of 126
conservatorship shall be counted as separate letters. 127
(2) For purposes of this subsection, the following 128
terms mean: 129
(a) "Letter of conservatorship", the appointment of a 130
conservatorship of an estate by the court to a protectee 131
adjudged to be disabled; 132
SCS HB 3000 198
(b) "Letter of guardianship", the appointment of a 133
guardianship by the court to a ward adjudged to be 134
incapacitated. 135
486.735. 1. A vendor or manufacturer shall register 1
with the secretary prior to selling or manufacturing notary 2
seals. The secretary shall maintain an internet site for 3
the purpose of allowing vendors and manufacturers to confirm 4
the current standing of any notary in the state. 5
2. A vendor or manufacturer shall not provide a notary 6
seal to a purchaser claiming to be a notary, unless the 7
purchaser presents a notary commission issued by the 8
secretary, and unless: 9
(1) In the case of a purchaser appearing in person, 10
the vendor or manufacturer identifies this individual as the 11
person named in the commission, through either personal 12
knowledge or satisfactory evidence of identity; or 13
(2) In the case of a purchaser ordering a seal by mail 14
or delivery service, the vendor or manufacturer confirms the 15
notary's standing as a commissioned notary through the 16
internet site. 17
3. For each commission, a vendor or manufacturer shall 18
make or sell only one seal and, if requested by the person 19
presenting the commission, only one embossing seal. 20
4. After manufacturing or providing a notary seal, the 21
vendor shall affix an image of all seals on a form as 22
prescribed by the secretary and, within seven business days, 23
send the completed form to the secretary, retaining a copy 24
of the form and the commission for a period of five years. 25
5. A notary obtaining a seal as a result of a name 26
change shall present a copy of the confirmation of notary's 27
name or address change from the secretary in accordance with 28
sections 486.780 and 486.785. 29
SCS HB 3000 199
6. A vendor or manufacturer who fails to comply with 30
this section shall be subject to a fine of [one] ten 31
thousand dollars for each violation. For multiple 32
violations, a vendor's permission to sell or manufacture 33
notary seals may be withdrawn by the secretary. Such 34
violation shall not preclude the civil liability of the 35
vendor to parties injured by the vendor's failure to comply 36
with this section. 37
488.426. 1. The judges of the circuit court, en banc, 1
in any circuit in this state may require any party filing a 2
civil case in the circuit court, at the time of filing the 3
suit, to deposit with the clerk of the court a surcharge in 4
addition to all other deposits required by law or court 5
rule. Sections 488.426 to 488.432 shall not apply to 6
proceedings when costs are waived or are to be paid by the 7
county or state or any city. 8
2. The surcharge in effect on August 28, 2001, shall 9
remain in effect until changed by the circuit court. The 10
circuit court in any circuit, except the circuit court in 11
Jackson County, the circuit court in the city of St. Louis, 12
or the circuit court in any circuit that reimburses the 13
state for the salaries of family court commissioners under 14
and pursuant to section 487.020, may change the fee to any 15
amount not to exceed fifteen dollars. The circuit court in 16
Jackson County, the circuit court in the city of St. Louis, 17
or the circuit court in any circuit that reimburses the 18
state for the salaries of family court commissioners under 19
and pursuant to section 487.020 may change the fee to any 20
amount not to exceed twenty dollars. A change in the fee 21
shall become effective and remain in effect until further 22
changed. 23
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3. Sections 488.426 to 488.432 shall not apply to 24
proceedings when costs are waived or are paid by the county 25
or state or any city. 26
[4. In addition to any fee authorized by subsection 1 27
of this section, any county of the first classification with 28
more than one hundred one thousand but fewer than one 29
hundred fifteen thousand inhabitants may impose an 30
additional fee of ten dollars excluding cases concerning 31
adoption and those in small claims court. The provisions of 32
this subsection shall expire on December 31, 2019.] 33
570.095. 1. A person commits the offense of filing 1
false documents if: 2
(1) With the intent to defraud, deceive, harass, 3
alarm, or negatively impact financially, or in such a manner 4
reasonably calculated to deceive, defraud, harass, alarm, or 5
negatively impact financially, he or she files, causes to be 6
filed or recorded, or attempts to file or record, creates, 7
uses as genuine, transfers or has transferred, presents, or 8
prepares with knowledge or belief that it will be filed, 9
presented, recorded, or transferred to the secretary of 10
state or the secretary's designee, to the recorder of deeds 11
of any county or city not within a county or the recorder's 12
designee, to any municipal, county, district, or state 13
government entity, division, agency, or office, or to any 14
credit bureau or financial institution any of the following 15
types of documents: 16
(a) Common law lien; 17
(b) Uniform commercial code filing or record; 18
(c) Real property recording; 19
(d) Financing statement; 20
(e) Contract; 21
(f) Warranty, special, or quitclaim deed; 22
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(g) Quiet title claim or action; 23
(h) Deed in lieu of foreclosure; 24
(i) Legal affidavit; 25
(j) Legal process; 26
(k) Legal summons; 27
(l) Bills and due bills; 28
(m) Criminal charging documents or materially false 29
criminal charging documents; 30
(n) Any other document not stated in this subdivision 31
that is related to real property; or 32
(o) Any state, county, district, federal, municipal, 33
credit bureau, or financial institution form or document; and 34
(2) Such document listed under subdivision (1) of this 35
subsection contains materially false information; is 36
fraudulent; is a forgery, as [defined] described under 37
section 570.090; lacks the consent of all parties listed in 38
a document that requires mutual consent; or is invalid under 39
Missouri law. 40
2. Filing false documents under this section is a 41
class [D] C felony for the first offense except the 42
following circumstances shall be a class [C] B felony: 43
(1) The defendant has been previously found guilty or 44
pleaded guilty to a violation of this section; 45
(2) The victim or named party in the matter: 46
(a) Is an official elected to municipal, county, 47
district, federal, or statewide office; 48
(b) Is an official appointed to municipal, county, 49
district, federal, or statewide office; or 50
(c) Is an employee of an official elected or appointed 51
to municipal, county, district, federal, or statewide office; 52
(3) The victim or named party in the matter is a judge 53
or magistrate of: 54
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(a) Any court or division of the court in this or any 55
other state or an employee thereof; or 56
(b) Any court system of the United States or is an 57
employee thereof; 58
(4) The victim or named party in the matter is a full- 59
time, part-time, or reserve or auxiliary peace officer, as 60
defined under section 590.010, who is licensed in this state 61
or any other state; 62
(5) The victim or named party in the matter is a full- 63
time, part-time, or volunteer firefighter in this state or 64
any other state; 65
(6) The victim or named party in the matter is an 66
officer of federal job class 1811 who is empowered to 67
enforce United States laws; 68
(7) The victim or named party in the matter is a law 69
enforcement officer of the United States as defined under 5 70
U.S.C. Section 8401(17)(A) or (D); 71
(8) The victim or named party in the matter is an 72
employee of any law enforcement or legal prosecution agency 73
in this state, any other state, or the United States; 74
(9) The victim or named party in the matter is an 75
employee of a federal agency that has agents or officers of 76
job class 1811 who are empowered to enforce United States 77
laws or is an employee of a federal agency that has law 78
enforcement officers as defined under 5 U.S.C. Section 79
8401(17)(A) or (D); or 80
(10) The victim or named party in the matter is an 81
officer of the railroad police as [defined] authorized under 82
section 388.600. 83
3. For a penalty enhancement as described under 84
subsection 2 of this section to apply, the occupation of the 85
victim or named party shall be material to the subject 86
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matter of the document or documents filed or the relief 87
sought by the document or documents filed, and the 88
occupation of the victim or named party shall be materially 89
connected to the apparent reason that the victim has been 90
named, victimized, or involved. For purposes of subsection 91
2 of this section and this subsection, a person who has 92
retired or resigned from any agency, institution, or 93
occupation listed under subsection 2 of this section shall 94
be considered the same as a person who remains in employment 95
and shall also include the following family members of a 96
person listed under subdivisions (2) to (9) of subsection 2 97
of this section: 98
(1) Such person's spouse; 99
(2) Such person or such person's spouse's ancestor or 100
descendant by blood or adoption; or 101
(3) Such person's stepchild while the marriage 102
creating that relationship exists. 103
4. Any person who pleads guilty or is found guilty 104
under subsections 1 to 3 of this section shall be ordered by 105
the court to make full restitution to any person or entity 106
that has sustained actual losses or costs as a result of the 107
actions of the defendants. Such restitution shall not be 108
paid in lieu of jail or prison time but rather in addition 109
to any jail or prison time imposed by the court. 110
5. (1) Nothing in this section shall limit the power 111
of the state to investigate, charge, or punish any person 112
for any conduct that constitutes a crime by any other 113
statute of this state or the United States. 114
(2) No receiving entity shall be required under this 115
section to retain the filing or record for prosecution under 116
this section. A filing or record being rejected by the 117
receiving entity shall not be used as an affirmative defense. 118
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6. (1) Any agency of the state, a county, or a city 119
not within a county that is responsible for or receives 120
document filings or records, including county recorders of 121
deeds and the secretary of state's office, shall, by January 122
1, 2019, impose a system in which the documents that have 123
been submitted to the receiving agency, or those filings 124
rejected by the secretary of state under its legal 125
authority, are logged or noted in a ledger, spreadsheet, or 126
similar recording method if the filing or recording officer 127
or employee believes the filings or records appear to be 128
fraudulent or contain suspicious language. The receiving 129
agency shall make noted documents available for review by: 130
(a) The jurisdictional prosecuting or circuit attorney 131
or such attorney's designee; 132
(b) The county sheriff or the sheriff's designee; 133
(c) The police chief of a county or city not within a 134
county or such chief's designee; or 135
(d) A commissioned peace officer as defined under 136
section 590.010. 137
Review of such documents is permissible for the agent or 138
agencies under this subdivision without the need of a grand 139
jury subpoena or court order. No fees or monetary charges 140
shall be levied on the investigative agents or agencies for 141
review of documents noted in the ledger or spreadsheet. The 142
ledger or spreadsheet and its contents shall be retained by 143
the agency that controls entries into such ledger or 144
spreadsheet for a minimum of three years from the earliest 145
entry listed in the ledger or spreadsheet. 146
(2) The receiving entity shall, upon receipt of a 147
filing or record that has been noted as a suspicious filing 148
or record, notify the chief law enforcement officer or such 149
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officer's designee of the county and the prosecutor or the 150
prosecutor's designee of the county of the filing's or 151
record's existence. Such notification shall be made within 152
two business days of the filing or record having been 153
received. Notification may be accomplished via email or via 154
paper memorandum. 155
(3) No agency receiving the filing or record shall be 156
required under this section to notify the person conducting 157
the filing or record that the filing or record is entered as 158
a logged or noted filing or record. 159
(4) Reviews to ensure compliance with the provisions 160
of this section shall be the responsibility of any 161
commissioned peace officer. Findings of noncompliance shall 162
be reported to the jurisdictional prosecuting or circuit 163
attorney or such attorney's designee by any commissioned 164
peace officer who has probable cause to believe that the 165
noncompliance has taken place purposely, knowingly, 166
recklessly, or with criminal negligence, as described under 167
section 562.016. 168
7. To petition for a judicial review of a filing or 169
record that is believed to be fraudulent, false, misleading, 170
forged, or contains materially false information, a 171
petitioner may file a probable cause statement that 172
delineates the basis for the belief that the filing or 173
record is materially false, contains materially false 174
information, is a forgery, is fraudulent, or is misleading. 175
This probable cause statement shall be filed in the 176
associate or circuit court of the county in which the 177
original filing or record was transferred, received, or 178
recorded. 179
8. A filed petition under this section shall have an 180
initial hearing date within twenty business days of the date 181
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the petition is filed with the court. A court ruling of 182
invalid shall be evidence that the original filing or record 183
was not accurate, true, or correct. A court ruling of 184
invalid shall be retained or recorded at the original 185
receiving entity. The receiving entity shall waive all 186
filing or recording fees associated with the filing or 187
recording of the court ruling document in this subsection. 188
Such ruling may be forwarded to credit bureaus or other 189
institutions at the request of the petitioner via motion to 190
the applicable court at no additional cost to the petitioner. 191
9. If a filing or record is deemed invalid, court 192
costs and fees are the responsibility of the party who 193
originally initiated the filing or record. If the filing or 194
record is deemed valid, no court costs or fees, in addition 195
to standard filing fees, shall be assessed. 196
10. (1) An owner of an interest in real property that 197
has been subject to a filing or record that is believed to 198
be fraudulent, false, misleading, or forged or that contains 199
materially false information may petition for a judicial 200
review under subsections 7, 8, and 9 of this section. 201
(2) A county recorder of deeds may post information on 202
such petition process in the recorder's office and online. 203
578.700. 1. For purposes of this section, all 1
definitions from section 486.600 shall apply. 2
2. In performing a notarial act, a notary shall be 3
guilty of: 4
(1) A class E felony for executing a false notarial 5
certificate under subsection 1 of section 486.660; or 6
(2) A misdemeanor, punishable upon conviction by a 7
fine not exceeding five hundred dollars or imprisonment for 8
not more than six months, or both, for knowingly: 9
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[(1)] (a) Failing to require the presence of a 10
principal at the time of a notarial act; or 11
[(2)] (b) Failing to identify a principal through 12
personal knowledge or satisfactory evidence[; or 13
(3) Executing a false notarial certificate under 14
subsection 1 of section 486.660]. 15
3. A notary who knowingly performs any other act 16
prohibited by chapter 486 or fails to perform any other act 17
required by chapter 486 shall be guilty of a misdemeanor, 18
punishable upon conviction by a fine not exceeding five 19
hundred dollars or imprisonment for not more than six 20
months, or both. 21
4. Any person who is not a notary and who knowingly 22
acts as or otherwise impersonates a notary shall be guilty 23
of a [misdemeanor, punishable upon conviction by a fine not 24
exceeding five hundred dollars or imprisonment for not more 25
than six months, or both] class E felony. 26
5. Any person who knowingly obtains, conceals, 27
defaces, or destroys the seal, journal, or official records 28
of a notary shall be guilty of a [misdemeanor, punishable 29
upon conviction by a fine not exceeding five hundred 30
dollars] class E felony. 31
6. Any person who knowingly solicits, coerces, or in 32
any way influences a notary to commit official misconduct 33
shall be guilty of a [misdemeanor, punishable upon 34
conviction by a fine not exceeding five hundred dollars] 35
class E felony. 36
7. Any person who knowingly obtains, conceals, 37
damages, or destroys the coding, disk, certificate, card, 38
token, program, software, or hardware that is intended 39
exclusively to enable an electronic notary public to produce 40
a registered electronic signature, notary seal, or single 41
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element combining the required features of an electronic 42
signature and notary seal, shall be guilty of a 43
[misdemeanor, punishable upon conviction by a fine not 44
exceeding five hundred dollars or imprisonment for not more 45
than six months, or both] class E felony. 46
8. Any person who is not a notary and knowingly 47
presents false information to obtain or attempt to obtain a 48
notary public's seal from a manufacturer under chapter 486 49
shall be guilty of a class E felony. 50
9. The penalties of this section shall not preclude 51
other sanctions and remedies provided by law. 52
640.144. 1. All community water systems shall be 1
required to create a valve inspection program that includes: 2
(1) Inspection of all valves every ten years; 3
(2) Scheduled repair or replacement of broken valves; 4
and 5
(3) Within five years of August 28, 2020, 6
identification of each shut-off valve location using a 7
geographic information system or an alternative physical 8
mapping system that accurately identifies the location of 9
each valve. 10
2. All community water systems shall be required to 11
create a hydrant inspection program that includes: 12
(1) Scheduled testing of every hydrant in the 13
community water system; 14
(2) Scheduled repair or replacement of broken hydrants; 15
(3) A plan to flush every hydrant and dead-end main; 16
(4) Maintenance of records of inspections, tests, and 17
flushings for six years; and 18
(5) Within five years of August 28, 2020, 19
identification of each hydrant location using a geographic 20
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information system or an alternative physical mapping system 21
that accurately identifies the location of each hydrant. 22
3. The provisions of this section shall not apply to 23
any state parks, cities with a population of more than 24
thirty thousand inhabitants, [a] any county with a charter 25
form of government and with more than six hundred thousand 26
but fewer than seven hundred thousand inhabitants, [a] any 27
county with a charter form of government and with more than 28
nine hundred fifty thousand inhabitants, or [a] any public 29
service commission regulated utility with more than thirty 30
thousand customers. 31
[68.259. Notwithstanding the provisions of 1
section 1.140 to the contrary, the provisions of 2
sections 68.025, 68.035, 68.040, 68.057, 68.070, 3
68.200, 68.205, 68.210, 68.215, 68.220, 68.225, 4
68.230, 68.235, 68.240, 68.245, 68.250, 68.255, 5
and 68.260 as contained in this act shall be 6
severable, and if any provision is for any 7
reason held to be invalid, such decision shall 8
not invalidate any of the remaining provisions 9
of sections 68.025, 68.035, 68.040, 68.057, 10
68.070, 68.200, 68.205, 68.210, 68.215, 68.220, 11
68.225, 68.230, 68.235, 68.240, 68.245, 68.250, 12
68.255, and 68.260 as contained in this act.] 13
[71.014. 1. Notwithstanding the 1
provisions of section 71.015, the governing body 2
of any city, town, or village which is located 3
within a county which borders a county of the 4
first classification with a charter form of 5
government with a population in excess of six 6
hundred fifty thousand, proceeding as otherwise 7
authorized by law or charter, may annex 8
unincorporated areas which are contiguous and 9
compact to the existing corporate limits upon 10
notarized petition requesting such annexation 11
signed by the owners of all fee interests of 12
record in all tracts located within the area to 13
be annexed. That a petition requesting 14
annexation is not or was not verified or 15
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notarized shall not affect the validity of an 16
annexation heretofore or hereafter undertaken in 17
accordance with this section. 18
2. Any action of any kind seeking to 19
deannex from any city, town, or village any area 20
annexed under this section, or seeking in any 21
way to reverse, invalidate, set aside, or 22
otherwise challenge such annexation or oust such 23
city, town, or village from jurisdiction over 24
such annexed area shall be brought within five 25
years of the date of adoption of the annexation 26
ordinance.] 27
Section B. In the event that any section, provision, 1
clause, phrase, or word of this act or the application 2
thereof is declared invalid under the Constitution of the 3
United States or the Constitution of the State of Missouri, 4
it is the intent of the general assembly that the remaining 5
sections of this act remain in force and effect as far as 6
they are capable of being carried into execution as intended 7
by the general assembly. The general assembly hereby 8
declares that it would have passed each section, provision, 9
clause, phrase, or word thereof, irrespective of the fact 10
that any one or more sections, provisions, clauses, phrases, 11
or words of this act or the application of this act would be 12
declared unenforceable, unconstitutional, or invalid. 13
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