Missouri SB 40: Modifies provisions relating to the Department of Natural Resources

Bill Text

FIRST REGULAR SESSION
[CORRECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 40
101ST GENERAL ASSEMBLY
0155H.12C DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 204.569, 260.373, 260.380, 260.437, 260.475, 260.520, 266.355, 643.050,
643.079, 643.245, 643.310, 644.057, and 644.079, RSMo, and to enact in lieu thereof
fifteen new sections relating to natural resources.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 204.569, 260.373, 260.380, 260.437, 260.475, 260.520, 266.355,
2 643.050, 643.079, 643.245, 643.310, 644.057, and 644.079, RSMo, are repealed and fifteen new
3 sections enacted in lieu thereof, to be known as sections 204.569, 253.387, 260.373, 260.380,
4 260.437, 260.475, 260.520, 386.895, 640.095, 643.050, 643.079, 643.245, 643.310, 644.057, and
5 644.079, to read as follows:
204.569. When an unincorporated sewer subdistrict of a common sewer district has been
2 formed pursuant to sections 204.565 to 204.573, the board of trustees of the common sewer
3 district shall have the same powers with regard to the subdistrict as for the common sewer
4 district as a whole, plus the following additional powers:
5 (1) To enter into agreements to accept, take title to, or otherwise acquire, and to operate
6 such sewers, sewer systems, treatment and disposal facilities, and other property, both real and
7 personal, of the political subdivisions included in the subdistrict as the board determines to be
8 in the interest of the common sewer district to acquire or operate, according to such terms and
9 conditions as the board finds reasonable, provided that such authority shall be in addition to the
10 powers of the board of trustees pursuant to section 204.340;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HCS SCS SB 40 2
11 (2) To provide for the construction, extension, improvement, and operation of such
12 sewers, sewer systems, and treatment and disposal facilities, as the board determines necessary
13 for the preservation of public health and maintenance of sanitary conditions in the subdistrict;
14 (3) For the purpose of meeting the costs of activities undertaken pursuant to the authority
15 granted in this section, to issue bonds in anticipation of revenues of the subdistrict in the same
16 manner as set out in sections 204.360 to 204.450, for other bonds of the common sewer district.
17 Issuance of such bonds for the subdistrict shall require the assent only of four-sevenths of the
18 voters of the subdistrict voting on the question[, and] except that, as an alternative to such a
19 vote, if the subdistrict is a part of a common sewer district located in whole or in part in
20 any county of the first classification without a charter form of government adjacent to a
21 county of the first classification with a charter form of government and a population of at
22 least six hundred thousand and not more than seven hundred fifty thousand, bonds may
23 be issued for such subdistrict if the question receives the written assent of three-quarters
24 of the customers of the subdistrict in a manner consistent with section 204.370, where
25 "customer", as used in this subdivision, means any political subdivision within the
26 subdistrict that has a service or user agreement with the common sewer district. The
27 principal and interest of such bonds shall be payable only from the revenues of the subdistrict
28 and not from any revenues of the common sewer district as a whole;
29 (4) To charge the costs of the common sewer district for operation and maintenance
30 attributable to the subdistrict, plus a proportionate share of the common sewer district's costs of
31 administration to revenues of the subdistrict and to consider such costs in determining reasonable
32 charges to impose within the subdistrict under section 204.440;
33 (5) With prior concurrence of the subdistrict's advisory board, to provide for the
34 treatment and disposal of sewage from the subdistrict in or by means of facilities of the common
35 sewer district not located within the subdistrict, in which case the board of trustees shall also
36 have authority to charge a proportionate share of the costs of the common sewer district for
37 operation and maintenance to revenues of the subdistrict and to consider such costs in
38 determining reasonable charges to impose within the subdistrict under section 204.440.
253.387. 1. As provided in Article III, Section 48 of the Constitution of Missouri,
2 the department of natural resources is hereby authorized to acquire by purchase, from
3 funds appropriated or otherwise available to the department, or to acquire by gift, if such
4 gift is unencumbered by any lien or mortgage, the Antioch Cemetery located at 2300
5 Antioch Road, Clinton, Missouri, to be oper