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4565S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1060
AN ACT
To amend chapter 247, RSMo, by adding thereto two new
sections relating to the regulation of public water
supply districts, with an emergency clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 247, RSMo, is amended by adding thereto
two new sections, to be known as sections 247.181 and 247.229,
to read as follows:
247.181. 1. As an alternative to detachment pursuant
to provisions of this chapter, the owners of record of fifty
percent or more of the area of any tract of land located
within a public water supply district organized under the
provisions of sections 247.010 to 247.220, and that is not
receiving water service from such district, may petition the
circuit court of the county in which the territory proposed
to be detached is situated for expedited detachment of such
territory from the district, and the petitioners shall be
entitled to such detachment if the following conditions are
satisfied as of the date the petition is filed:
(1) No voters reside within the territory proposed to
be detached, as shown by the records of the county election
authority, as defined in section 115.015;
(2) No water lines or other facilities owned or
operated by the district are located on or under the
territory proposed to be detached;
(3) No general obligation bonds of the district are
outstanding; and
(4) The proposed territory to be detached is located
in any county:
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(a) With a charter form of government;
(b) Within the boundaries of which there are two or
more public water supply districts in existence on August
28, 2026, that are organized under the provisions of
sections 247.010 to 247.220; and
(c) Which is adjacent to a county adjoining a city not
located within a county.
2. The petition shall include:
(1) A legal description of the territory proposed to
be detached;
(2) An affidavit by the petitioners affirming
satisfaction of the conditions set forth in subsection 1 of
this section; and
(3) A request that the circuit court order detachment
pursuant to the provisions of this section.
3. On the day a petitioner files the petition in the
circuit court pursuant to the provisions of this section,
the petitioner shall send, via certified mail, a return
receipt requested, a copy of the petition to the district,
to the county election authority, the county clerk, and the
secretary of state.
4. The election authority of the county shall,
following receipt of the petition, issue a certificate,
dated as of the date of issuance, stating whether the
records of the election authority show any voters residing
within the territory proposed to be detached. The election
authority shall file such issued certificate with the
circuit court, and shall serve a copy of such certificate
upon the petitioners. The certificate shall be issued by
the election authority and filed with the circuit court no
later than thirty days following the date on which the
election authority receives the petition. If the election
authority fails to issue the certificate and file such
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certificate with the circuit court within such thirty day
period, then, for purposes of evaluating whether the
conditions set forth in subsection 1 of this section are
satisfied, the court shall treat such failure as equivalent
to certification that no voters reside within the territory
proposed to be detached. The petitioner shall be
responsible for payment of the reasonable costs of the
election authority for providing such certificate.
5. The board of directors of the district shall,
following receipt of the petition, file with the circuit
court a verification under oath, signed by an authorized
officer or agent of the district, stating whether any water
lines or other facilities owned or operated by the district
are located on or under the territory proposed to be
detached and whether the district has any outstanding
general obligation bonds as of the time the petition is
filed. The district shall also serve a copy of such
verification on the petitioners. The verification shall be
filed with the court and served upon the petitioners no
later than thirty days following the date on which the
district receives the petition. If the board of directors
fails to file the verification within such thirty day
period, for purposes of evaluating whether the conditions
set forth in subsection 1 of this section are satisfied, the
court shall treat such failure as equivalent to the
verification under oath from the district that no water
lines or other facilities owned or operated by the district
are located on or under the territory proposed to be
detached and that the district has no outstanding general
obligation bonds as of the time the petition is filed. The
petitioner shall be responsible for payment of the
reasonable costs of the district for providing such
verification.
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6. Within sixty days from the filing of the petition
or thirty days from the filing of the district's
verification or thirty days from the filing of the election
authority's certificate, whichever is later, the court shall
set a public hearing date on the proposed detachment and the
clerk of the circuit court shall give notice of the filing
of the petition and the hearing in a newspaper of general
circulation in the county in which the proceedings are
pending. The notice shall contain a description of the
territory proposed to be detached, and shall set forth the
date fixed for the hearing on the petition, which shall not
be less than seven nor more than twenty-one days after the
date of the last publication of the notice and shall be set
on a regular judicial day of the court wherein the petition
is pending. Such notice shall include a statement that all
interested persons shall be given an opportunity to be heard
at the public hearing. Such notice shall be signed by the
clerk of the circuit court and shall be published in three
successive issues of a weekly newspaper or in a daily
newspaper once a week for three consecutive weeks.
7. At the public hearing, any interested person may
file with the court written objections to, or comments on,
and may be heard orally with respect to any issues set forth
in the notice. The court may hear all protests, objections,
comments, and other evidence presented at the hearing.
8. The court shall thereafter determine if the
petition satisfies the conditions set forth in subsection 1
of this section and whether the petitioners are entitled to
detachment under this section, or if the petition is
defective. If the court determines that the petition
satisfies the conditions set forth in subsection 1 of this
section as of the date the petition is filed, the
petitioners shall be entitled to detachment under this
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section and the court shall enter an order detaching the
territory described in the petition from the district. The
court shall enter such order no later than the one hundred
twentieth day after the date on which the petition is
filed. The court may make any changes in subdistrict
boundary lines as may be necessary to meet the requirements
of sections 247.010 to 247.220. Any such changes in
subdistrict boundary lines shall not become effective until
the next annual election of a member of the board of
directors of the district.
9. If the court determines that the petition is
defective, it shall dismiss the petition without prejudice.
The petition shall not be considered defective based on the
fact that the district is a borrower under a federal loan
program.
10. The petitioner shall bear all costs of the
proceedings under this section.
11. A certified copy of the court's order detaching
the territory shall be filed in the office of the recorder
of deeds and in the office of the county clerk in each
county in which any of the territory of the district prior
to detachment is located, and in the office of the secretary
of state, and detachment under this section shall be
effective on the first date on which the certified copy of
the court's order is filed in each such office.
247.229. 1. If a public water supply district,
organized under the provisions set forth in sections 247.010
to 247.220, and pursuant to subsection 7 of this section,
has an outstanding debt owed to or guaranteed by the United
States government or any agency thereof, the board of
directors of such district shall accept any gift, donation,
or bequest of money made to the district for its use and
benefit, unless acceptance of the gift, donation, or bequest
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would be in violation of current law, or the fulfillment of
the terms of the gift, donation, or bequest are in violation
of current law.
2. Except as otherwise expressly specified by the
donor in writing, any monetary gift, donation, or bequest
accepted by the board of directors pursuant to subsection 1
of this section, shall be applied first to the payment or
prepayment of any outstanding debt of the district that is
owed to or guaranteed by the United States government or any
agency thereof, until such debt is satisfied in full.
3. If the amount of any such monetary gift, donation,
or bequest exceeds the amount necessary to pay or prepay all
outstanding debt owed to or guaranteed by the United States
government or any agency thereof, the board of directors may
apply the excess funds as otherwise authorized by current
law.
4. If no such debt exists at the time the gift,
donation, or bequest is received, or if the donor has
expressly directed the application of the gift, donation, or
bequest to another purpose, the board of directors may apply
the funds as otherwise authorized by current law.
5. The board of directors shall maintain records of
all monetary gifts, donations, or bequests received and the
application thereof, and shall make such records available
for public inspection upon request.
6. Any person or entity may, at any time, tender
payment in full or in part of any outstanding debt of the
district that is owed to or guaranteed by the United States
government or any agency thereof, for the benefit of the
district. The board of directors shall take all actions
necessary to authorize and facilitate the acceptance and
application of any such payment to the indebtedness,
provided that the payment is made without condition,
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restriction, or requirement for consideration or performance
by the district, other than the application of the payment
toward the indebtedness. The board of directors shall not
reverse, cancel, reject, or otherwise interfere with the
application of such payment to the debt obligation, and, if
required, shall obtain any United States approval necessary
for the application of such payment.
7. The provisions of this section shall only apply to
any public water supply district organized under the
provisions set forth in sections 247.010 to 247.220 that is
located in any county:
(1) With a charter form of government;
(2) Within the boundaries of which there are two or
more public water supply districts in existence on August
28, 2026, that are organized under the provisions of
sections 247.010 to 247.220; and
(3) Which is adjacent to a county adjoining a city not
located within a county.
Section B. Because of the immediate and urgent need to
ensure that Missouri remains competitive in attracting and
facilitating economic development, section A of this act is
deemed necessary for the immediate preservation of the
public health, welfare, peace, and safety, and is hereby
declared to be an emergency act within the meaning of the
constitution, and section A of this act shall be in full
force and effect upon its passage and approval.