Legislative Update: Governor continues bill reviews, property law/land use highlights

On May 30, 2023, the General Assembly presented all remaining Truly Agreed To and Finally Passed legislation to Governor Parson for consideration and action.  The governor will have forty-five days (July 14, 2023) to sign legislation into law or to return any bill to the Secretary of State with his approval or reasons for disapproval.  The appropriations bills making up the state’s Fiscal Year 2024 operating budget must be signed prior to the start of the new fiscal year (July 1, 2023).  Unless otherwise provided in the bill itself (with an emergency clause or a delayed effective date), the effective date of any Truly Agreed legislation from the 2023 Regular Session will be Tuesday, August 28, 2023.   

On The Missouri Bar’s Legislative Engagement Center, members have access to finding aids to help them navigate this year’s Truly Agreed legislation and keep track of what has been enacted into law.  A listing of Truly Agreed bills, with section-by-section outlines, is available for download as PDF document (“2023 TAFP Bills – Outlines”).  In addition, the collected text of the 2023 Truly Agreed legislation is also available for download as a bookmarked PDF (“2023 TAFP Bills – Bill Text”).  Additional finding aids or information will be added as bill reviews are completed.  A complete breakdown and summaries of the 2023 Truly Agreed To and Finally Passed Legislation will be available to members in the next issue of the Legislative Digest (prior to the August 28, 2023, effective date of most new laws). 

The following link leads to a list of bills introduced during the 2023 Regular Session relating to property law (Property Law – 2023 Introduced Legislation).  From it, you can view the legislative progress and last action taken on any bill.  The bill numbers are hyperlinks to the legislative webpage for each individual bill.  A great many bills of particular interest were not passed this session, but they are quite likely to be reintroduced during the next regular session.  The Board of Governors and its Executive Committee welcome input on these bills at any time during the interim.  Comments may be submitted to the Government Relations staff at govrel@mobar.org.

Below are highlights of the 2023 Truly Agreed legislation relating to property law.  Legislative Updates throughout the summer will continue to feature summaries, breakdowns, and other information about Truly Agreed bills.     
 

102nd General Assembly, 1st Regular Session (2023)

Rev. 6/22/2023

TRULY AGREED LEGISLATION RELATING TO PROPERTY LAW OR LAND USE

JOINT RESOLUTIONS

SUBMISSION AND EFFECTIVE DATES.  Proposed joint resolutions approved by the General Assembly will be submitted to the voters at the general election on November 5, 2024, or at a special election called by the governor.  If approved by the voters, the amendments will take effect on December 5, 2024.

SJR 26 (Fitzwater) – Relating to a property tax exemption for certain child care facilities     
05/12/2023 – Truly Agreed To and Finally Passed     
05/30/2023 – Delivered to Secretary of State     
Resolution Text (TAFP)     
To Be Submitted to Voters at General Election on Nov. 5, 2024

PROPERTY EXEMPT FROM TAXATION (Mo. Const., Art. X, Section 6) (Amend) – Upon voter approval, this proposed constitutional amendment would permit the General Assembly by general law to authorize an assessing authority to exempt from assessment, levy, and collection of taxes a portion of the property of an individual or a for-profit or non-profit corporation, organization or association that is used primarily for the care of children outside the home.

OFFICIAL SUMMARY STATEMENT (Section B) – The General Assembly adopted the following official summary statement:

“Shall the Missouri Constitution be amended to allow places where individuals, corporations, organizations, and associations provide childcare outside of the child's home to be exempt from property tax?  This is intended to make childcare more available, which would support the well-being of children, families, the workforce, and society as a whole.”

HOUSE BILLS

EFFECTIVE DATES.  Unless the bill itself provides otherwise, enacted bills will have an effective date of August 28, 2023.

SS HB 202 (Francis) – Relating to environmental regulation     
05/12/2023 – Truly Agreed To and Finally Passed      
05/30/2023 – Presented to Governor      
Bill Text (TAFP)

Among other provisions:  

MISSOURI STATE PLANE COORDINATE SYSTEM (Sections 60.401 to 60.496)

ESTABLISHMENT (Section 60.401) (Amend) – The most recent system of state plane coordinates established by the National Geodetic Survey (or its successor) based on the National Spatial Reference System (or its successor) and known as the State Plane Coordinate System, for defining and stating the positions or locations of points on the surface of the earth within the state of Missouri shall be known as the “Missouri State Plane Coordinate System.” 

PROJECTION ZONE LAYERS (Section 60.410) (Amend) – The Missouri State Plane Coordinate System may have one or more projection zone layers, each of which shall be covered by geodetically referenced mapping projections adopted and supported by the National Geodetic Survey as a component of the National Spatial Reference System.  Each layer shall be identified by the geodetic datum upon which they are defined and each zone shall remain uniquely and consistently defined throughout its implementation within a particular layer.

USE OF PLANE COORDINATE TO ESTABLISH LOCATION (Section 60.431) (Amend) – To be used in expressing the position or location of the point in the appropriate zone of the Missouri State Plane Coordinate System, the plane coordinate of a point on the earth’s surface shall consist of two distances expressed in feet and decimals of a foot or in meters and decimals of a meter.  If values are expressed in feet, the International foot (equal to 0.3048 meter) shall be used as the standard foot for the Missouri State Plane Coordinate System.  The “east x-coordinate” shall give the distance east of the y-axis; the “north y-coordinate” shall give the distance north of the x-axis.  The y-axis of any zone shall be parallel with the central meridian of that zone.  The x-axis of any zone shall be at right angles to the central meridian of that zone.  These coordinates shall depend upon and conform to plane rectangular coordinate values as established, published, or broadcast by the National Geodetic Survey (or its successors) and whose plane coordinates have been computed on the systems defined in sections 60.401 to 60.496.  Any such station or method may be used for establishing a survey connection to the Missouri State Plane Coordinate System.

MULTIZONE DESCRIPTIONS (Section 60.441) (Amend) – An intersectional reference to section 64.410 is repealed. 

LIMITED USE OF TERM (Section 60.471) (Amend) – The use of the term “Missouri State Plane Coordinate System” on any map, report of survey, or other document shall be limited to coordinates based on the Missouri State Plane Coordinate System as defined in sections 60.401 to 60.496.

PROPERTY DESCRIPTIONS BASED ON UNITED STATES PUBLIC LAND SURVEY (Section 60.480) (Amend) – Descriptions of tracts of land by reference to subdivisions, lines, or corners of the United States public land survey (or other original pertinent surveys) are recognized as the basic and prevailing method for describing such tracts.  Whenever coordinates of the Missouri State Plane Coordinate System are used in such descriptions, they shall be construed as being supplementary to such descriptions contained in official plats and field notes of record.  In the event of any conflict, the descriptions by reference to the subdivisions, lines, or corners of the United States public land surveys (or other original pertinent surveys) shall prevail over the description by coordinates.

USE OF OTHER GEODETIC REFERENCE NETWORKS (Section 60.496) (New) – The provisions of chapter 60 shall not be construed to prohibit the appropriate use of other geodetic reference networks. 

DUTIES OF DEPARTMENT OF AGRICULTURE (Section 60.510) (Amend) – References to the “Missouri State Coordinate System” are amended to read “Missouri State Plane Coordinate System.” 

OFFICIAL NAMES OF ZONES (Section 60.421) (Repeal) – The three zones established under the Missouri State Coordinate System are repealed.    

DEFINITION OF ZONES (Section 60.451) (Repeal) – The definitions of the three zones established under the Missouri State Coordinate System are repealed. 

IMPLEMENTATION OF 1983 COORDINATE SYSTEM (Section 60.491) (Repeal) – The section repealing the Missouri Coordinate System of 1927 and establishing the Missouri Coordinate System of 1983 is repealed. 

FLOOD RESILIENCY ACT (Section 256.800) (New) – This section shall be known and may be cited as the “Flood Resiliency Act.”  The Department of Natural Resources shall administer a Flood Resiliency Program, under which the state may promote a flood resiliency project or participate with a promoter in the development, construction, or renovation of a flood resiliency project as outlined in an approved plan.  Subject to appropriations, the Department of Natural Resources may use moneys in the Flood Resiliency Improvement Fund to carry out the provisions of this section, including (but not limited to) the provision of grants or other financial assistance.  The Department of Natural Resources is granted authority to promulgate rules to implement this section. 

SENATE BILLS

EFFECTIVE DATES.  Unless the bill itself provides otherwise, enacted bills will have an effective date of August 28, 2023.

CCS HCS SB 109 (Bernskoetter) – Relating to natural resources     
05/12/2023 – Truly Agreed To and Finally Passed      
05/30/2023 – Presented to Governor      
Bill Text (TAFP)

Among other provisions:

DISTRIBUTION OF MINING REVENUE FROM NATIONAL FOREST RESERVES (Section 12.070) (Amend) – Eighty-five percent of the total revenue of mineral products extracted from national forest reserves shall be distributed to counties where mining occurs in proportion to the minerals extracted per year in each county where mining occurs.  Fifteen percent of the total revenue of such mineral products shall be distributed equally between the counties where mining does not occur.  The revenue allocated to each county shall be equally divided between the public schools and roads of such county.

SURFACE MINING FEE (Section 256.700) (Amend) – Geologic resources fees under this section shall expire on December 31, 2031 (rather than December 31, 2025). 

FLOOD RESILIENCY ACT (Section 256.800) (New) – see above SS HB 202

STATE OIL AND GAS COUNCIL FEE STRUCTURE (Section 259.080) (Amend) – The authority of the State Oil and Gas Council to revise the fee structure under the act shall expire on August 28, 2031 (rather than August 28, 2025).  If the council’s authority to revise the fee structure as provided in subsection 2 of this section expires, the fee structure in place at the time of expiration shall remain in place.

MINE INSPECTION FEES (Section 293.030) (Amend) – Every operator engaged in Missouri in the mining or production of minerals for commercial purposes shall filed with the Director of the Division of Mine Inspection and the Division of Taxation and Collection of the Department of Revenue a statement on prescribed forms showing the total amount of minerals sold, shipped, or otherwise disposed of during the last preceding quarter-annual period.  The tonnage fees on various minerals are amended and rhyolite and cobalt are added to the list of minerals for which a tonnage fee is assessed.  In the event a new mineral is mined that is a chemical equivalent of a mineral listed in this section, the Director of the Division of Mine Inspection shall announce the addition of the mineral and its associated fee by publishing a notice.  Publication of the notice is contingent upon approval of the mineral’s addition to the section by the Labor and Industrial Relations Commission.  The additional mineral and fee shall take effect sixty days after publication of such notice and be added to a regulation.  The minimum mine inspection fee is increased from ten to twenty-five dollars (each quarter-annual period).  Failure to pay a fee listed in this section within the thirty days after the end of each quarter-annual period may result in the imposition of a late fee equal to ten percent of the unpaid amount.  The direction may bring an action in the appropriate circuit court to collect any unpaid fee, late fee, interest, or attorney’s fees and costs incurred directly in fee collection.  Such action may be brought in the circuit court of the county in which the mine is located or in the circuit court of Cole County.      

LAND RECLAMATION ACT

FEE, BOND, OR ASSESSMENT STRUCTURE (Section 444.768) (Amend) – The authority of the Missouri Mining Commission to revise the fee, bond, or assessment structure as provided in subsection 1 of section 444.768 shall expire on August 28, 2030 (rather than August 28, 2024).  If the commission’s authority expires, the fee structure in place at the time of expiration shall remain in place. 

PERMIT FEES EXPIRE, WHEN (Section 444.772) (Amend) – Fees imposed pursuant to section 444.772 shall expire on December 31, 2030 (rather than December 31, 2024). 

PERMITTING OR REGULATORY ACTIONS BASED SOLELY ON GUIDANCE (Section 640.023) (New) – The Department of Natural Resources shall not take any permitting or regulatory action based solely on guidance that has not been promulgated as a regulation, unless such use of guidance is agreed to by the permittee or person subject to such regulatory action.

SAFE DRINKING WATER COMMISSION FEES (Section 640.100) (Amend) – The authority of the Safe Drinking Water Commission to revise the fee structure for customer service connections to a public water system shall expire on August 28, 2030 (rather than August 28, 2024).  If the authority of the commission to revise the fee structure expires, the existing fee structure at the time of the expiration shall remain in place. 

AIR CONSERVATION COMMISSION FEES (Section 643.079) (Amend) – The authority of the  Air Conservation Commission to revise the fee structure for certain air contaminants shall expire on August 28, 2030 (rather than August 28, 2024).  If the authority of the commission to revise the fee structure expires, the existing fee structure at the time of the expiration shall remain in place.

CONSTRUCTION OF EARTHEN BASINS (Sections 640.099 and 644.051) (Amend) – The construction of any earthen basin to retain and settle non-toxic, non-metallic earthen materials (such as soil, silt, and rock) is excluded from the construction permit requirement where such permit is required to construct, build, replace, or make major modification to any point source or collection system designed to convey or discharge human sewage to waters in the state.  In addition, specific statutory sections are repealed from the nonseverability section enacted in House Bill 89 (2011), relating to natural resources.  

CLEAN WATER COMMISSION FEES (Section 644.057) (Amend) – The authority of the Clean Water Commission to revise the clean water fee structure shall expire on August 28, 2030 (rather than August 28, 2024).  If the authority of the commission to revise the fee structure expires, the existing fee structure at the time of the expiration shall remain in place.  
 

HS HCS SS SB 138 (Eslinger) – Relating to agriculture, with penalty provisions      
05/10/2023 – Truly Agreed To and Finally Passed      
05/30/2023 – Presented to Governor      
Bill Text (TAFP)

Among other provisions:

MISSOURI STATE PLANE COORDINATE SYSTEM (Sections 60.401 to 60.496) – see above SS HB 202

FLOOD RESILIENCY ACT (Section 256.800) (New) – see above SS HB 202  
 

SS SB 190 (Luetkemeyer) – Relating to tax relief for seniors     
05/08/2023 – Truly Agreed To and Finally Passed      
05/30/2023 – Presented to Governor      
Bill Text (TAFP)

Among other provisions:

PROPERTY TAX CREDIT (Section 137.1050) (New) – Any county authorized to impose a property tax may grant a property tax credit to eligible taxpayers residing in such county in an amount equal to the taxpayer’s eligible credit amount, provided that the county adopts an ordinance authorizing such credit or a voters authorize the credit at a referendum.  An eligible credit amount is the difference between an eligible taxpayer’s real property tax liability on such taxpayer’s homestead for a given tax year, minus the real property tax liability on such homestead in the year that the taxpayer become an eligible taxpayer.  An eligible taxpayer is a Missouri resident who:

• Is eligible for Social Security retirement benefits;
• Is an owner of record of a homestead or has a legal or equitable interest in such property as evidenced by a written instrument; and
• Is liable for the payment of real property taxes on such homestead.

A county granting an exemption pursuant to this section shall apply such exemption when calculating the eligible taxpayer’s property tax liability for the tax year.  The amount of the credit shall be noted on the statement of tax due sent to the eligible taxpayer by the county collector. 

For the purpose of calculating property tax levies pursuant to section 137.073, the total amount of credits authorized by the county pursuant to this section shall be considered tax revenue (as defined in section 137.073) actually received by the county.   
 

2023 Legislative Dates to Remember

First Regular Session

Veto Session