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New legislation of municipal interest

Updated: Jun 29, 2022

The General Assembly passed a few bills impacting Missouri municipalities this season, including (but not limited to) the following:

Cities and Counties required to classify Sawmills as agricultural property for zoning purposes. (SB 133)

  • Adds a new provision to Chapters 64, 65, and 89 RSMo. that requires “a zoning or property classification of agricultural or horticultural” must include “any sawmill or planning mill…”

  • Note that this may require a zoning code amendment and cities and counties are no longer authorized to only allow sawmills or planning mills in industrial areas or to otherwise prohibit them from areas zoned as agricultural or horticultural.

Emergency Communication tax and funding authority increased. (SB 291)

  • This bill adds further changes and expansions to last year’s HB 1456 relating to a monthly cell phone tax and prepaid wireless emergency telephone service charge

  • Any city or county which passed a resolution or ordinance prohibiting the collection of the prepaid wireless emergency telephone service charge by the deadline last year is now authorized to reverse this decision by a 2/3 vote of the governing body of that city or county by November 15, 2019

  • Formerly, the prepaid wireless emergency telephone service charge was set to expire January 1, 2023, but this new bill repeals the sunset provision entirely

New expanded definitions for “public works” and “contractor” for purposes of payment bond statute. (SB 167)

  • This bill expands the definition of “public works” projects to expressly include “work for nongovernmental purposes”

  • The definition of contractor is now expanded from its current definition of those who “provide construction service under contract to a public entity” to also include those who arrange for construction services for governmental purpose and those who contract, provide, or arrange for construction services on a public works project for nongovernmental purpose if acting as a lessee, agent, designee, or representative of a public entity

  • “Construction managers not-at-risk” are excepted from this expanded definition

  • Enacts a new section specifically stating that providing a bond under this law precludes any recovery from filing of a mechanics lien, and states that any attempt to file a mechanic’s lien will be considered void and unenforceable

New municipal court requirements established; failure to pay certain costs cannot be the sole basis for a warrant. (HB 192)

  • This new law requires any notice to appear, citation or summons on minor traffic violations to include the date and time the defendant is to appear in court on the first notice received. If notice is not properly given, the court is required to reissue the notice with this information in it.

  • In no event can the recovery of any costs incurred by the municipality for detention or imprisonment of any person be the subject of any condition of probation and the failure to pay any costs relating to such holding or detention cannot be the sole basis for the issuance of a warrant.

  • Minimum prison term limits are abolished for certain listed crimes

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