Missouri Revised Statutes

Chapter 253
State Parks and Historic Preservation

August 28, 2013




Definitions.

253.010. As used in this chapter, the following words shall mean:

(1) "Department", the department of natural resources;

(2) "Land", upland, land under water, the water itself and every estate, interest and right, legal or equitable in land or water;

(3) "Park", any land, site or object primarily of recreational value or of cultural value because of its scenic, historic, prehistoric, archeologic, scientific, or other distinctive characteristics or natural features;

(4) "Parkway", an elongated area of parkland, usually contiguous to a pleasure driveway and often containing recreational areas.

(L. 1953 p. 317 1, A.L. 1986 H.B. 1554 Revision)

*No continuity with 253.010 as repealed by L. 1953 p. 317 A.



Department of natural resources to administer the National Historic Preservation Act.

253.022. The department of natural resources is authorized to administer the National Historic Preservation Act of 1966, Public Law 89-665.

(L. 1972 H.B. 1477 1, A.L. 2010 H.B. 1965)



Plan for expenditure of federal funds to be submitted to appropriations and oversight division of the committee on legislative research--contents of plan.

253.024. 1. On or before Wednesday after the first Monday in January of each year in which the department of natural resources desires to receive and expend moneys received from the federal government in the next state fiscal year they shall submit to the senate appropriations committee, to the house appropriations committee, and to the oversight division of the committee on legislative research plans for the expenditure of such funds. In addition to other information which may be required by the chairman of the committees, each plan shall contain at least but not be limited to the following:

(1) Amount of federal funds required;

(2) Amount of state funds required, either directly or indirectly;

(3) The federal program number and its expected duration;

(4) The number of all new or additional employees required to administer the program, their salaries and the source of the revenue to maintain their salaries;

(5) Schedule, both chronological and fiscal, of the expenditures of all funds involved in the program;

(6) Specific details as to the objective of the program for the next fiscal year; and

(7) The projected completion date of the program.

2. A detailed performance report of each federally funded program shall be submitted quarterly to the committees after the start of the next fiscal year.

3. The department of natural resources may not add additional federal programs to or expand current federally funded programs above a level specified in plans theretofore approved by the legislature.

4. Programs which are to be continued for a period of more than one fiscal year shall be submitted to the legislature for approval or rejection.

5. Nothing in this section and section 253.022 shall be construed to apply to federal funds no part of which will be retained by the department of natural resources.

(L. 1972 H.B. 1477 2)



Rules and regulations, procedure.

253.035. 1. The director of the department of natural resources may make and promulgate all reasonable rules and regulations necessary for the proper maintenance, improvement, acquisition and preservation of all state parks.

2. The rules and regulations of the director not relating to its organization and internal management shall become effective not less than ten days after being filed with the secretary of state, as provided in chapter 536. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

3. Any person who shall violate a rule issued pursuant to subsection 2 of this section pertaining to the conduct of park visitors or the use by the public of park facilities shall be subject to removal from a state park and shall be subject to other punishment as otherwise provided by law.

(L. 1961 p. 230 1, A.L. 1967 p. 362, A.L. 1983 H.B. 350, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)



Acquisition of land--eminent domain.

253.040. 1. The department of natural resources is hereby authorized to accept or acquire by purchase, lease, donation, agreement or eminent domain, any lands, or rights in lands, sites, objects or facilities which in its opinion should be held, preserved, improved and maintained for park or parkway purposes. The department of natural resources is authorized to improve, maintain, operate and regulate any such lands, sites, objects or facilities when such action would promote the park program and the general welfare. The department of natural resources is further authorized to accept gifts, bequests or contributions of money or other real or personal property to be expended for any of the purposes of sections 253.010 to 253.100; except that any contributions of money to the department of natural resources shall be deposited with the state treasurer to the credit of the state park earnings fund and expended upon authorization of the department of natural resources for the purposes of sections 253.010 to 253.100 and for no other purposes.

2. In the event the right of eminent domain be exercised, it shall be exercised in the same manner as now or hereafter provided for the exercise of eminent domain by the state highways and transportation commission.

(RSMo 1949 253.020, A.L. 1953 p. 317 3, A.L. 1961 p. 231)



Park boundary conflicts, department authorized to convey up to five acres as part of land trade, conditions.

253.043. The department is authorized to convey up to five acres of land as part of a land trade with adjacent property owners to resolve park boundary conflicts, so long as the department receives land of equal or greater fair market value in exchange.

(L. 2003 S.B. 606)



Department of natural resources may mark and maintain certain former governors' graves.

253.045. The department of natural resources is hereby authorized to suitably mark every grave of a former governor of this state, and to maintain every grave of a former governor, within this state, which is not within a perpetual care cemetery.

(L. 1967 p. 365 1)



Flags authorized for display in state parks.

253.048. Within the state parks, the department may accompany the display of the flag of the United States and the flag of this state with the display of the MIA/POW flag, which is designed to commemorate the service and sacrifice of members of the Armed Forces of the United States who were prisoners of war or missing in action and with the display of the Honor and Remember flag as an official recognition and in honor of fallen members of the Armed Forces of the United States.

(L. 1994 H.B. 1545, A.L. 2013 S.B. 106 merged with S.B. 117)



Obligations incurred only as authorized by appropriation.

253.050. Except as, or as hereafter may be, otherwise provided by law no contract shall be entered into or obligations incurred, nor shall any payment or expenditure of money be made under the provisions of sections 253.010 to 253.100 except in accordance with and by virtue of, an appropriation as provided by law.

(L. 1953 p. 317 3)



Director's and staff's qualifications--compensation.

253.060. The director of the department shall employ a director of state parks and such other officers and employees as may be necessary. The director of state parks shall be selected solely upon the basis of proven executive ability and training and skill in parks and recreational matters, and the department director shall determine the qualifications and compensation of the director of parks and other employees and shall prescribe their duties.

(L. 1953 p. 317 4, A.L. 1986 H.B. 1554 Revision)



Park rangers, appointment, powers as peace officers.

253.065. 1. Each park ranger employed by the director of the department of natural resources and such other employees as may be designated by the director shall be certified by the director of the department of public safety, as provided in chapter 590. Each such person shall take and subscribe an oath of office to perform his duties faithfully and impartially and shall be given a certificate of commission as a peace officer for state parks. The commission shall grant him the same powers as other peace officers to maintain order, preserve the peace and make arrests for violations of law on all land under the jurisdiction and control of the director and on all state and county highways within the boundaries of state parks.

2. Each park ranger shall have the authority to have abandoned vehicles or watercraft removed from state and county roads within state parks and from all land and water owned, leased or under the supervision of the department of natural resources, if the vehicle has been left unattended on the land or in the water, on the roadway or right-of-way for a period of forty-eight hours. If the vehicle is creating a safety or health hazard, it may be removed as soon as is practical. The procedure contained in section 304.155 shall be observed for reporting the storage location, notification of the owner and disposal of the vehicle or watercraft.

(L. 1961 p. 230 2, A.L. 1983 H.B. 350)



Volunteers may supplement programs--duties of division--status of volunteers--expenses--definition.

253.067. 1. The division of state parks within the department of natural resources is authorized to develop, recruit, train and accept the services of volunteers, which services shall supplement the programs administered by the department or division.

2. Volunteers recruited, trained or accepted by the division shall comply with applicable rules and policies of the department and the division.

3. The division shall:

(1) Provide necessary staff for the management and development of volunteer programs;

(2) Develop opportunities for citizen involvement in division-administered programs;

(3) Develop and provide to all volunteers written rules governing the job descriptions, recruitment, screening, training, responsibility, use and supervision of volunteers;

(4) Educate volunteers regarding their duties and responsibilities;

(5) Provide a receptive environment for citizen involvement; and

(6) Provide for the recognition of volunteers who have offered exceptional service to the division.

4. Volunteers shall be deemed unpaid employees and shall be accorded the protection of legal expense fund and liability provisions.

5. Reimbursement for transportation and other necessary expenses may be furnished to those volunteers whose presence on special assignment is determined to be necessary by the division. Such expenses shall be reimbursed from the regular appropriations of the division. Volunteers may use state vehicles in the performance of division-related duties, subject to those rules and regulations governing use of state vehicles by paid staff.

6. As used in this section, "volunteer" shall mean any person who, of his own free will, performs any assigned duties for the division with no monetary or material compensation.

7. Any person serving as a volunteer may be terminated from service in that capacity by the director of the division.

(L. 1995 S.B. 275)

Effective 5-16-95



Expenditures, how made.

253.070. The department of natural resources may make such expenditures, or may authorize the director to make such expenditures, as are necessary to perform the duties imposed upon it by law. Expenditures by the department of natural resources shall be allowed and paid out of funds appropriated for such purposes in the manner provided by law.

(L. 1953 p. 317 4)



Annual stakeholder meeting in each park district--stakeholders may petition director, when--stakeholder defined.

253.078. 1. Upon public notice, the division of state parks shall once each year hold a stakeholder meeting in each park district.

2. A stakeholder may petition the director of state parks regarding any policy or park issue that has been presented to the relevant facility manager and district supervisor. The director, or his or her designee, shall respond to the stakeholder within fourteen days and may schedule a stakeholder meeting to determine if action is warranted in response to the petition. If a stakeholder meeting occurs, the director shall notify the stakeholder in writing that either no action is warranted or that specific action will be undertaken within thirty days of the meeting. The decision of the director shall be final and not subject to review.

3. For purposes of this section, "stakeholder" shall mean any person with an interest in the subject matter of the petition who has visited the park in the past sixty days.

(L. 2013 H.B. 28 1 merged with H.B. 650 1)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.



Director of natural resources may construct and operate facilities and collect fees for usage--concession contracts--limitations--renewal of contracts.

253.080. 1. The director of the department of natural resources may construct, establish and operate suitable public services, privileges, conveniences and facilities on any land, site or object under the department's jurisdiction and control, and may charge and collect reasonable fees for the use of the same. The director may charge reasonable fees for supplying services on state park areas. Any facilities so constructed under this provision shall only be done by appropriated funds.

2. The director may award by contract to any suitable person, persons, corporation or association the right to construct, establish and operate public services, privileges, conveniences and facilities on any land, site or object under the department's control for a period not to exceed twenty-five years with a renewal option, and may supervise and regulate any and all charges and fees of operations by private enterprise for supplying services and operating facilities on state park areas.

3. All contracts awarded under this section shall be entered into upon the basis of competitive sealed bids. A sworn financial statement shall accompany each bid, and all contracts shall be let by the director at a regular meeting after public notice of the time of the letting. All bids submitted prior to the opening of the meeting shall be considered. Advertisements for bids in daily or weekly newspapers shall be made by the director. The director shall accept the bid most favorable to the state from a responsible and reputable person but may, for good cause, reject any bid.

4. The director shall not enter into a contract or a renewal for a contract as provided in subsection 2 of this section for a period in excess of ten years unless the director determines that the extended contract period is necessary to allow the contractor to make substantial capital or other improvements to the site subject to the contract and such improvements are of sufficient value to the state to necessitate the longer contract term.

5. A good and sufficient bond conditioned upon the faithful performance of the contract and compliance with this law shall be required of all contractors, except that if the contractor states he is unable to provide a bond, the contractor shall place a cash reserve in an escrow account in an amount proportional to the volume of the contractor's business on the lands controlled by the department of natural resources.

6. Any person who contracts under this section with the state shall keep true and accurate records of his receipts and disbursements arising out of the performance of the contract and shall permit the division of parks and recreation of the department of natural resources and the state director of revenue to audit them. The division of parks and recreation of the department of natural resources and the state director of revenue shall audit the receipts and disbursement of each contract once every two years and upon the expiration of the contract. For the purpose of subsection 5 of this section and this subsection, no contract shall be deemed to extend to operations or management in more than one state park.

(L. 1953 p. 317 5, A.L. 1957 p. 304, A.L. 1961 p. 235, A.L. 1967 p. 362, A.L. 1977 H.B. 190, A.L. 1987 H.B. 559, A.L. 1989 H.B. 613, A.L. 2002 S.B. 1015)



Fund established for each facility head at state parks and scenic sites--purpose of fund--limitation, rules--revolving fund for sale of Division of State Parks items established..

253.082. 1. Upon a request from the director of the department of natural resources, the commissioner of administration shall draw a warrant payable to the facility head of each of the state parks and historic sites in an amount to be specified by the director of the department of natural resources, but such amount shall not exceed the sum of one thousand five hundred dollars for each such facility. The sum so specified shall be placed in the hands of the facility head as a revolving fund to be used in the payment of the incidental expenses of the facility for which he has been appointed and for the refund of fees paid by the public. All expenditures shall be made in accordance with rules and regulations established by the commissioner of administration.

2. Upon a request from the director of the department of natural resources, the commissioner of administration shall draw a warrant payable to the director of the division of state parks in an amount to be specified by the director of the department of natural resources, but such amount shall not exceed the sum of five hundred dollars. The sum so specified shall be placed in the hands of the director of state parks as a revolving fund to be used in the cash transactions involving the sale of items made by the division of state parks. All transactions shall be made in accordance with rules and regulations established by the commissioner of administration.

(L. 1989 H.B. 613, A.L. 2002 S.B. 1015, A.L. 2011 H.B. 190)



State park earnings fund created, how used.

253.090. 1. All revenue derived from privileges, conveniences, contracts or otherwise, all moneys received by gifts, bequests or contributions or from county or municipal sources and all moneys received from the operation of concessions, projects or facilities and from resale items shall be paid into the state treasury to the credit of the "State Park Earnings Fund", which is hereby created. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. All interest and moneys earned on such investments shall be credited to the fund. In the event any state park or any part thereof is taken under the power of eminent domain by the federal government the moneys paid for the taking shall be deposited in the state park earnings fund. The fund shall be used solely for the payment of the expenditures of the department of natural resources in the administration of this law, except that in any fiscal year the department may expend a sum not to exceed fifty percent of the preceding fiscal year's deposits to the state park earnings fund for the purpose of:

(1) Paying the principal and interest of revenue bonds issued;

(2) Providing an interest and sinking fund;

(3) Providing a reasonable reserve fund;

(4) Providing a reasonable fund for depreciation; and

(5) Paying for feasibility reports necessary for the issuing of revenue bonds.

2. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

3. A good and sufficient bond conditioned upon the faithful performance of the contract and compliance with this law shall be required of all contractors.

4. Any person who contracts pursuant to this section with the state shall keep true and accurate records of his or her receipts and disbursements arising out of the performance of the contract and shall permit the department of natural resources and the state auditor to audit such records.

(L. 1953 p. 317 6, A.L. 1961 p. 231, A.L. 1967 p. 362, A.L. 1969 H.B. 191, A.L. 1982 S.B. 696, A.L. 1999 H.B. 791, A.L. 2011 H.B. 89 merged with S.B. 135, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.

CROSS REFERENCE:

Nonseverability clause, 640.099



Arrow Rock state historic site endowment fund created, expenditure of moneys in fund--state treasurer to be custodian.

253.092. 1. There is hereby created in the state treasury the "Arrow Rock State Historic Site Endowment Fund". The fund shall be administered by the Missouri department of natural resources. All moneys, funds, or other assets acquired for purposes of this section shall be deposited with the state treasurer to the credit of the fund. All income, interest, rights, or rent earned through the operation of the fund shall also be credited to the fund. All other property, real and personal, acquired through any grant, gift, donation, devise, or bequest specified for the Arrow Rock state historic site endowment fund for purposes stated in this section shall also be deposited in the fund. The original bequest of Bill and Cora Lee Miller made in the amount of twenty-one thousand nine hundred sixty-five dollars and ninety-two cents to the state park earnings fund is hereby transferred into the Arrow Rock state historic site endowment fund.

2. The Arrow Rock state historic site endowment fund shall be used for the enhancement of Arrow Rock state historic site's public interpretive programs, and may be used by the Missouri department of natural resources for the preparation of museum exhibits, acquisition of artifacts, publication of information, payment of fees for exhibits or lectures, or other similar interpretive needs at Arrow Rock state historic site and for no other purpose.

3. The state treasurer shall be the custodian of all moneys, bonds, securities, or interests and rights therein deposited in the state treasury to the credit of the Arrow Rock state historic site endowment fund and shall invest the moneys in the fund in a manner as provided by law.

4. Until January 1, 2100, the Missouri department of natural resources may annually expend an amount equal to one-half of the interest earned by the Arrow Rock state historic site endowment fund in the immediately preceding fiscal year for the purposes stated in this section. Beginning January 1, 2100, and thereafter the Missouri department of natural resources may annually expend an amount equal to the interest earned by the Arrow Rock state historic site endowment fund in the immediately preceding fiscal year, for the purposes stated in this section.

5. Funds from the Arrow Rock state historic site endowment fund shall be expended only upon appropriation by the general assembly. Notwithstanding the provisions of section 33.080 to the contrary, funds appropriated, but not expended by the end of the fiscal year, shall revert to the Arrow Rock state historic site endowment fund.

(L. 2002 S.B. 1015)



Interpretive or education services, agreements entered into with not-for-profit organizations for state parks, space provided--net proceeds retained by organization.

253.095. In order to further the interpretive or educational functions of Missouri state parks, the director of the Missouri department of natural resources is authorized to enter into agreements with private, not-for-profit organizations that are organized to provide cooperative, interpretive, facility enhancement or educational services to any Missouri state park. The director may provide state park facility space and incidental staff support to such an organization under a cooperative agreement, which reimburses the department for the actual costs of such space and incidental staff support and clearly demonstrates the fiscal, interpretive, educational, and facility enhancement benefits to the state. Net proceeds received from the sale of publications or other materials and services provided by an organization pursuant to such an agreement entered into under this section shall be retained by the organization for use in the interpretive or educational services provided in state parks.

(L. 2002 S.B. 1015, A.L. 2007 H.B. 75 merged with S.B. 198)



Removal of timber only on order of record.

253.100. No timber in any state park shall be cut and removed from such state park, sold, or converted into lumber or building material, except upon the express order of the department of natural resources, duly entered upon the minutes of the department of natural resources.

(L. 1953 p. 317 7)

CROSS REFERENCE:

Littering or damaging state park property, 577.073



The Confederate Memorial Park as state park.

253.110. All parts of the following described land situated in Lafayette County, of Missouri, selected and dedicated by the board of trustees of the Confederate Soldiers' Home under an act of the general assembly appearing at Laws 1925, page 136, approved May 2, 1925, to wit: Beginning 2.00 chains east of the S.W. corner of the east 1/2 of S.W. 1/4 of Sec. 25 T50 R26; thence north 47 degrees east 20.00 chains to a stake; thence north 35 1/2 degrees west 3.97 chains to a stake; thence north 50 1/2 degrees east 4.84 chains to a post; thence north 39 1/2 degrees west 1.54 chains to a stake; thence north 50 1/2 degrees east 3.84 chains to an iron post; thence north 35 degrees west 2.15 chains to the south line of the public road; thence north 54 1/2 degrees east along the south line of said road 15.03 chains to a concrete post on the west line of the public road, running south 34 degrees east; thence south 34 degrees east along the west line of said road 41.03 chains to the south line of Confederate home land; thence west on said last named line 52.85 chains to the beginning, are set apart as a permanent memorial park to the valor of the soldiers who served the Confederacy in the War between the States. The land is under the control, maintenance and administration of the department of natural resources and is designated "The Confederate Memorial Park".

(L. 1951 p. 774 212.040, 212.050, A.L. 1957 p. 306)



Confederate Memorial Park endowment fund.

253.120. The endowment fund authorized by section 2, Laws of Missouri 1925, page 136, shall be maintained by the department of natural resources as a permanent endowment for the maintenance of the Confederate Memorial Park. The department of natural resources may accept gifts, donations, or bequests for the maintenance of the memorial park and for the endowment fund until the fund reaches the sum of seventy-five thousand dollars. The department of natural resources may sell, convey or otherwise convert into money any property received and shall invest all moneys of the endowment fund and use the income therefrom for the maintenance of the park, but the principal shall remain intact as a permanent endowment fund.

(L. 1957 p. 306)



Portrait to be located in Mark Twain state park.

253.130. The portrait of Mark Twain, and the case in which the portrait is now enclosed and located in the north inner corridor of the third, or legislative, floor of the state capitol, is ordered transferred and installed in the Mark Twain shrine in Mark Twain State Park, wherein the portrait shall be located in perpetuity in the custody and under the protection of the department of natural resources.

(L. 1963 p. 399 1)



Department of natural resources to maintain as historical sites all covered wooden bridges donated to the state.

253.140. The department of natural resources shall repair and maintain as state historical sites all covered wooden bridges which are acquired through any grant, gift, donation, devise, or bequest to or for the use of the state of Missouri.

(L. 1967 p. 365 1)



Definitions.

253.150. As used in sections 253.150 to 253.170 the following terms shall have, unless the context clearly indicates otherwise, the following meanings:

(1) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks, except farm tractors;

(2) "Park thoroughfares", any state park road, intended for use by the general public and designated as such by the department of natural resources.

(L. 1971 H.B. 299 1)



Motor vehicles may operate, where, exception.

253.155. No motor vehicle shall be operated within the boundaries of any state park except upon park thoroughfares or in areas especially designated by the department of natural resources. This section shall not apply to authorized park maintenance or emergency vehicles.

(L. 1971 H.B. 299 2)



Speed limits in park.

253.160. Except as otherwise specifically posted, the speed limit within any state park shall be twenty miles per hour.

(L. 1971 H.B. 299 3)



Vehicles in parks subject to general law regulating such vehicles.

253.165. All motor vehicles operated upon any park thoroughfare are subject to the provisions concerning motor vehicles contained in chapters 300, 301, 302, 303, 304 and 307, not inconsistent with sections 253.150 to 253.170.

(L. 1971 H.B. 299 4)



Penalty.

253.170. Any person violating any provision of sections 253.150 to 253.170 is guilty of a misdemeanor.

(L. 1971 H.B. 299 5)



Domestic animals prohibited from running at large.

253.180. No person shall allow any domestic or other animal under his control or ownership to range within any state park at any time, unless as authorized under section 253.185.

(L. 1971 H.B. 300 1, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.



Domestic animals, how controlled--prohibited in buildings, exception--dog park, designated area.

253.185. 1. Except for the provisions of subsection 2 of this section, domestic household animals shall not be allowed in any state park unless restrained by a leash not longer than ten feet held by some person or firmly affixed to some stationary object so as to prevent the animal from ranging at large. No domestic household or other animal shall be allowed inside any state park building under the control of either the department of natural resources or a concessionaire licensed by the department of natural resources unless permission is granted by the department of natural resources.

2. The department of natural resources may designate a specified area within any state park to serve as a dog park or an off-leash area for domestic household animals.

(L. 1971 H.B. 300 2, A.L. 2013 H.B. 28 merged with H.B. 650)

Effective 8-28-13 (H.B. 28)

10-11-13 (H.B. 650)

*H.B. 650 effective 10-11-13, see 21.250. H.B. 650 was vetoed July 12, 2013. The veto was overridden on September 11, 2013.



Exempted domestic animals.

253.190. The provisions of sections 253.180 to 253.205 shall not apply to domestic animals that are or have been engaged in the pursuit of wildlife.

(L. 1971 H.B. 300 6)



Fireworks prohibited, exception.

253.195. Fireworks, as defined in section 320.110, of any type are prohibited within the boundaries of any state park except upon the written permission granted by the department of natural resources.

(L. 1971 H.B. 300 3)



Taking of wildlife prohibited, exception.

253.200. No person shall pursue, catch, kill or take any wildlife, as defined in section 252.020, in any manner, or in any quantity or at any time or place within the boundaries of any state park, except by written provisions issued by the department of natural resources and in conformity with the published rules and regulations of the Missouri department of conservation.

(L. 1971 H.B. 300 4)



Penalty.

253.205. Any person violating any provision of sections 253.180 to 253.205 is guilty of a misdemeanor.

(L. 1971 H.B. 300 5)



Definitions.

253.210. As used in sections 253.210 to 253.280, unless the context clearly requires otherwise:

(1) "Net income and revenues" means the income arising from the operation of a project remaining after providing for the costs of operation of the project and the cost of maintaining it;

(2) "Project" means one or more hotels, inns, lodges, tourist cabins, or dining rooms or any combination of hotel, inn, lodge, and dining room facilities or one or more recreational buildings, historic sites or combination of hotel, inn, lodge, tourist cabins, dining rooms and recreational facilities or historic sites; provided, a given project shall be limited to a single park;

(3) "Revenue bonds" means bonds issued hereunder for the purposes authorized and payable, both as to principal and interest, (a) solely out of the net income and revenues arising from the operation of the project for which the bonds are issued, (b) the moneys authorized for expenditure by the department of natural resources in section 253.090 by the allocation of a sum not to exceed fifty percent of the preceding fiscal year's deposits in the state park earnings fund, (c) any revenues of the park in which the project is located, (d) the proceeds of any grant in aid of the project which may be received from any source, or (e) out of any other income or revenue pledged to the payment of the bonds in accordance with the provisions of section 253.230.

(L. 1957 p. 300 1, A.L. 1961 p. 231)



Erection of structure in park to accommodate visitors--may acquire land.

253.220. 1. The department of natural resources is authorized to acquire, construct, erect, equip, furnish, operate, control, manage and regulate a project as in the judgment of the department of natural resources may be necessary, advisable and suitable for the use and improvement of the state's parks and their facilities.

2. The department of natural resources has the power to use real property, now or hereafter belonging to the state for park purposes, as a site for a project or to acquire by purchase, lease, gift or otherwise such real or personal property as in the judgment of the department of natural resources shall be necessary, advisable and suitable for the project, except that real property acquired as a site for a project shall be contiguous to and become a part of a state park.

(L. 1957 p. 300 2)



Revenue bonds--conditions of issue, approval, sources of payment--department of natural resources building fund.

253.230. 1. For the purpose of providing funds for the acquisition, construction, erection, equipment, and furnishing a project and providing a site therefor, as herein provided, the department of natural resources has the power to issue and sell to the extent of the appropriations made therefor revenue bonds in an amount not to exceed the estimated cost of the project including costs necessarily incidental thereto.

2. No revenue bonds shall be issued and sold unless, at the time of issuance, the department of natural resources shall first obtain the approval of the governor and general assembly and

(1) Pledge the net income and revenues of the project to the payment of the bonds, both principal and interest, and, in the discretion of the department of natural resources, any one or more of the following:

(a) The proceeds of any grant in aid of the project which may be received from any source;

(b) The net income and revenues arising from the operation of the park in which the project is located;

(c) The net income and revenues arising from the operation of one or more other projects, as herein defined, owned and operated by the department of natural resources; or

(d) The net income and revenues received from contracts entered into for the management of any state park or for the exercise of any concession, privilege, facility or convenience within any state park;

(2) Covenant to fix, maintain and collect such reasonable rates and charges for the use of the projects as in the judgment of the department will provide revenues sufficient to pay the reasonable cost of operating and maintaining the project;

(3) Provide and maintain an interest and sinking fund in an amount adequate promptly to pay the principal of and interest on the bonds;

(4) Provide a reasonable reserve fund;

(5) Provide a reasonable fund for depreciation.

3. The department of natural resources is authorized in its discretion to use any unencumbered available funds on hand received from the net income and revenues arising from the operation of any project, as herein defined, owned and operated by the department of natural resources, or received from contracts entered into for the management of any state park or for the exercise of any concession, privilege, facility or convenience within the state park, not to exceed fifty percent of the preceding fiscal year's deposits to the department of natural resources earnings fund, to pay the principal of or the interest on any revenue bonds issued by the department of natural resources for the purpose of providing funds for the acquisition, construction, erection, equipment and furnishing a project and providing a site therefor, or to establish any interest and sinking fund or reserve fund for the benefit of any such revenue bonds.

4. No revenue bonds shall be issued and sold if private facilities are adequate in the given park area.

5. The proceeds of the sale of any bonds issued hereunder shall be paid into the state treasury to the credit of a fund to be known as the "Department of Natural Resources Building Fund" which is hereby created.

(L. 1957 p. 300 3, A.L. 1961 p. 231)

CROSS REFERENCE:

Department of natural resources building fund abolished subject to exemption, 33.571



Bonds issued on resolution of board, when.

253.240. The revenue bonds may be issued pursuant to a resolution adopted by the affirmative vote of two-thirds of the members of the department of natural resources after proper authorization has been made by the general assembly through an appropriation authorizing expenditures out of the proceeds of the sale of the bonds which appropriation shall be chargeable to the department of natural resources building fund.

(L. 1957 p. 300 8)



Revenue bonds not obligations of state.

253.250. Bonds issued pursuant to sections 253.210 to 253.280 are not an indebtedness of the state of Missouri, or of the department of natural resources or of the individual members of the department of natural resources and are not an indebtedness within the meaning of any constitutional or statutory limitation on the incurring of indebtedness. Such bonds shall bear on the face thereof the following: "This is a revenue bond and not a general obligation bond."

(L. 1957 p. 300 4)



Bonds, denomination, interest rate, contents--negotiable--income exempt from income taxes.

253.260. 1. Bonds issued pursuant to sections 253.210 to 253.280 shall be of such denomination, shall bear such rate of interest, not to exceed fourteen percent per annum, and shall mature at such time, within forty years from the date of issuance, as the department of natural resources may determine. The bonds may be either serial or term bonds.

2. Serial bonds may be issued with or without the reservation of the right to call them for payment and redemption in advance of their maturity, upon giving such notice, and with or without a covenant requiring the payment of a premium in the event of payment and redemption prior to maturity as the department of natural resources may determine.

3. Term bonds shall contain a reservation of the right to call them for payment and redemption prior to maturity at such time and upon the giving of such notice and upon the payment of such premium, if any, as the department of natural resources may determine.

4. The bonds, when issued, shall be sold at public sale for the best price obtainable after giving such reasonable notice of the sale as the department of natural resources may determine except that no bonds shall be sold for less than ninety-five percent of their par value, and accrued interest.

5. The bonds may be sold to the United States of America or to any of its agencies or instrumentalities, at a price not less than par and accrued interest, without public sale and without the giving of the notice prescribed in this section.

6. The bonds, when issued and sold, shall be negotiable instruments within the meaning of the law merchant and the negotiable instruments law, and the interest thereon shall be exempt from income taxes under the laws of this state.

(L. 1957 p. 300 5, A.L. 1959 H.B. 361, A.L. 1969 3d Ex. Sess. H.B. 28, A.L. 1971 S.B. 163, A.L. 1976 S.B. 778, A.L. 1982 S.B. 696)



Department of natural resources may prescribe form of bonds--holder may compel performance of duties.

253.270. 1. The department of natural resources is authorized to prescribe when not inconsistent with the provisions of sections 253.210 to 253.280 the form, details and incidents of the bonds and to make such covenants as in its judgment may be advisable or necessary properly to secure the payment of the bonds.

2. The holder of any bond issued hereunder or of any coupons representing interest accrued may, by proper civil action either at law or in equity, compel the department of natural resources to perform all duties imposed upon it by sections 253.210 to 253.280, including the making and collecting of sufficient rates and charges for the use of the project for which the bonds were issued and may enforce the performance of any covenant made by the board in the issuance of the bonds.

(L. 1957 p. 300 7)



Bonds refunded, when--refunding bonds may include interest--how paid.

253.280. 1. The revenue bonds issued pursuant to sections 253.210 to 253.280 may be refunded, in whole or in part, under any of the following circumstances:

(1) When any of the bonds have by their terms become due and payable and there are not sufficient funds in the interest and sinking fund to pay the bonds and the interest thereon;

(2) When any of the bonds are by their terms callable for payment and redemption in advance of the date of their maturity and shall have been duly called for payment and redemption;

(3) When any of the bonds are by their terms callable for payment and redemption in advance of the date of maturity and the refunding bonds are sold more than one year prior to the maturity or redemption date of the bonds being refunded, and the proceeds derived from the sale of the refunding bonds shall be deposited in escrow with the state treasurer or a bank or trust company located in the state of Missouri having full trust powers, and such proceeds shall be invested promptly in direct obligations of the United States of America or of its agencies or instrumentalities, or in obligations, the principal of, and interest on, which are guaranteed by the United States of America, which, together with the interest to be earned on such obligations, will be sufficient for the payment of the principal of such bonds, the redemption premium thereon, if any, and interest accrued to the date of maturity or redemption. Any moneys and obligations which at any time shall be deposited with the state treasurer or with such bank or trust company for the purpose of paying and discharging any of the bonds shall be assigned, for the respective holders of the bonds, and such moneys shall be irrevocably appropriated to the payment and discharge thereof;

(4) When any of the bonds are voluntarily surrendered by the holders for exchange for refunding bonds.

2. For the purpose of refunding any bonds issued, including refunding bonds, the department of natural resources may make and issue refunding bonds in such amount as may be necessary to pay off and redeem the bonds to be refunded together with unpaid and past due interest thereon and any premium which may be due under the terms of the bonds, together also with the cost of issuing the refunding bonds.

3. The refunding bonds shall be sold in the same manner as provided in sections 253.210 to 253.280 for the sale of revenue bonds.

4. The proceeds of the refunding bonds shall be used to pay off, redeem and cancel such old bonds and interest and the premium, if any due thereon or the refunding bonds may be issued and delivered in exchange for a like par value amount of the bonds for which the refunding bonds were issued, except that no refunding bonds issued pursuant to sections 253.210 to 253.280 shall be payable in more than twenty years from the date of issue or shall bear interest at a rate in excess of fourteen percent per annum.

5. The refunding bonds may be payable from the same sources as were pledged to the payment of the bonds refunded and, in the discretion of the department of natural resources, may be payable from any other source which under sections 253.210 to 253.280 may be pledged to the payment of revenue bonds.

(L. 1957 p. 300 6, A.L. 1982 S.B. 696)



Leases for development and operation of resort facilities--rentals.

253.290. The director of the department of natural resources may grant leases for the development, construction, maintenance and operation of resort and related facilities on federal reservoir lands purchased, leased, or licensed by the state from the federal government for a period of not to exceed fifty years. The consideration for the lease shall be based upon a specified annual rental for each acre plus a percentage of the gross business done on the land.

(L. 1959 H.B. 317 1, A.L. 1981 S.B. 445)



Leases to be let on competitive bids.

253.300. All leases granted under sections 253.290 to 253.320 shall be entered into only upon the basis of competitive sealed bids. A sworn financial statement shall accompany each bid, and all contracts shall be let by the director of the department of natural resources at a regular meeting after public notice of the time of such letting. All bids submitted prior to the opening of the meeting shall be considered. Such advertisements for bids shall be made in daily or weekly newspapers of general circulation for three consecutive weeks as necessary to give notice by the director. The director shall accept the bid most favorable to the state from a responsible and reputable person but may, for good cause, reject any bid.

(L. 1959 H.B. 317 2, A.L. 1981 S.B. 445)



Lessees to give bond.

253.310. A good and sufficient bond conditioned upon the faithful performance of the conditions of the lease and compliance with this law shall be required of all lessees.

(L. 1959 H.B. 317 3, A.L. 1961 p. 236, A.L. 1967 p. 362)



Conditions required in leases--effect of encumbrances of lessee.

253.320. Any lease granted under the provisions of sections 253.290 to 253.320 shall be conditioned as follows and also contain such provisions as the attorney general may prescribe:

(1) The director of the department of natural resources shall retain the right to enter upon the lands at all times;

(2) The director shall control the style of architecture used in construction on the lands, and the quality of materials used in said construction shall be approved by the director of the division of design and construction for the state of Missouri, and may control all fees and prices charged to the public as may be required by the director;

(3) The director shall inspect and audit the books and records of the lessee at least once every two years;

(4) The lessee shall provide such care, maintenance, repair, conservation and improvement of the lands and shall render such services to the public as may be required by the director;

(5) The lessee shall keep true and accurate records of his receipts and disbursements arising out of the operation of facilities upon the leased lands and shall permit the director to inspect and audit them at all reasonable times;

(6) Nothing in sections 253.290 to 253.320 shall be construed as denying the lessees the right to execute mortgages and other evidences of interest in or indebtedness upon their leasehold interest or properties thereon for the purpose of installing, enlarging or improving plant and equipment and extending facilities for the accommodation of the public within said state park; provided, however, that no such mortgage or other encumbrance shall be valid unless authorized and approved by the written order of the director; and further provided that the period for payment of such mortgage or indebtedness shall not extend beyond the lease period, and that no obligation or indebtedness shall incur to the state.

(L. 1959 H.B. 317 4, A.L. 1961 p. 236, A.L. 1967 p. 362, A.L. 1981 S.B. 445)



Babler memorial state park--powers of department of natural resources.

253.350. 1. All personal and real property bequeathed or devised to the state of Missouri for the benefit of the Doctor Edmund A. Babler Memorial State Park under the will of Jacob L. Babler and all other personal and real property acquired through any grant, gift, donation, devise, or bequest to or for the use of the state of Missouri for such purpose shall be a permanent endowment fund to be used solely for the maintenance, beautification and further development or enlargement of the Doctor Edmund A. Babler Memorial State Park in St. Louis County as provided in section 253.350.

2. All real property and interests in land acquired as provided in this section shall be taken in the name of the Missouri department of natural resources. The department of natural resources shall have the power to convey such lands or interests therein and the proceeds of such sale shall be deposited to the credit of the fund established in section 253.360.

(L. 1965 p. 387 1, 3)



Fund created, use of income and corpus, investments.

253.360. 1. There is hereby created the "Doctor Edmund A. Babler Memorial State Park Fund". All money, funds, and securities acquired as provided in section 253.350 shall be deposited with the state treasurer to the credit of the fund. All income, interest, rights or rent earned through the operation of the fund shall also be credited to the fund.

2. The state treasurer shall be the custodian of all money, bonds, securities or interests and rights therein deposited in the state treasury to the credit of the Doctor Edmund A. Babler Memorial State Park fund and he and his sureties are responsible on his official bond for the faithful performance of his duties in the safekeeping of all money or property of the fund as provided in this section and section 253.350 and for the disbursement of such money or property upon warrants drawn by the Missouri department of natural resources.

3. The Missouri department of natural resources is authorized to use the income of the fund created by this section for the purposes for which the fund is dedicated and, in addition, may expend annually an amount equal to seven and one-half percent of the corpus of the fund for the same purposes. Such amounts shall be subject to appropriation by the general assembly.

4. So far as practicable, the money, bonds, and other securities of the fund shall be kept safely invested so as to earn a reasonable return. The Missouri department of natural resources shall select such investments as are permitted by the laws of Missouri relating to the investment of the capital, reserve and surplus funds of life insurance companies or casualty insurance companies organized under the laws of Missouri, and the state treasurer shall make such investments or reinvestments as directed by the department. The department may retain the services of and pay a reasonable fee to a professional investment counselor or a trust company to advise it in the selection of such investments.

(L. 1965 p. 387 2 to 6)



Thomas Hart Benton homestead memorial.

253.370. 1. Pursuant to the provisions of section 48 of article III of the Constitution of the State of Missouri, the department of natural resources is hereby authorized to acquire by purchase, from funds appropriated or otherwise available to that department, the Thomas Hart Benton homestead located at 3616 Belleview, Kansas City, Missouri, for the establishment of a suitable state memorial to Thomas Hart Benton to be operated and maintained by the division of state parks and recreation of that department.

2. In acquiring this homestead, which may include both real and personal property, the department may grant a life estate or similar interest therein to Mrs. Benton, but it shall make adequate provisions for the proper care, maintenance and safekeeping of the property to the end that the homestead will truly become a living memorial to this native Missourian as it is used and enjoyed by all the citizens of this state.

3. The attorney general shall approve the form of the instrument of conveyance.

(L. 1975 S.B. 430 1)



Pansy Johnson-Travis memorial state gardens and trust fund.

253.380. 1. The state of Missouri may accept in trust a sum of money or other valuable assets to be held for a period of one hundred years in interest-bearing investments as a permanent endowment fund for the benefit and development of the Pansy Johnson-Travis Memorial State Gardens. There is hereby created the "Pansy Johnson-Travis Memorial State Gardens Trust Fund" in the state treasury. All money, funds, and securities given, bequested, or devised to the state of Missouri by Miss Pansy Johnson for the benefit of the Pansy Johnson-Travis Memorial State Gardens and all other property, real and personal, acquired through any grant, gift, donation, devise or bequest to or for the use of the state of Missouri for such purpose shall be deposited in the Pansy Johnson-Travis Memorial State Gardens trust fund as a permanent endowment. All income, interest, rights or rent earned through the operation of the fund shall also be credited to the fund. The money, bonds, and other securities of the fund shall be kept safely invested for a period of one hundred years after receipt of the first payment or installment into the fund so as to earn a reasonable return. The state treasurer shall select such investments as are permitted by the laws of Missouri and shall make such investments as he deems reasonable and prudent.

2. Upon the expiration of one hundred years from the date of the receipt of the first payment or receipt into the Pansy Johnson-Travis Memorial State Gardens trust fund, the governor of the state of Missouri shall designate the appropriate state agency to utilize the money in the fund to establish, develop and maintain the Pansy Johnson-Travis Memorial State Gardens. The Pansy Johnson-Travis Memorial State Gardens shall be in the nature of a permanent place of natural beauty and recreation and may take the form of a botanical garden, flower garden or fountain park. The Pansy Johnson-Travis Memorial State Gardens shall be located east of the Gasconade River in that area of the state which was Maries County as it existed in 1985 as described in section 46.111, as such section existed on August 13, 1986.

3. The Pansy Johnson-Travis Memorial State Gardens shall be designed as a place of beauty utilizing flowers, shrubs, and trees to include scenic pathways and rest areas but shall not contain playgrounds, campgrounds, cooking facilities, or other physical recreational facilities normally found in state parks and recreational areas. A suitable marker shall be installed in the gardens identifying the area as follows: Pansy Johnson-Travis Memorial State Gardens dedicated to the residents of Maries County, Missouri. In memory of

Martin V. Johnson Malissie Travis Palmer

Ina Travis Johnson William James Travis

Ora Johnson Klein Jesse Hall Travis

4. The state treasurer shall be the custodian of all money, bonds, securities or interests and rights therein deposited in the Pansy Johnson-Travis Memorial State Gardens trust fund and he and his sureties are responsible for his official bond for the faithful performance of his duties in the safekeeping of all money or property in the fund.

5. Eighty-five years after the date of the receipt of the first payment or receipt into the Pansy Johnson-Travis Memorial State Gardens trust fund, the governor shall appoint a planning board to begin planning and development of the Pansy Johnson-Travis Memorial State Gardens, including the advance acquisition of land, but the actual construction of the gardens shall not commence until the expiration of one hundred years after the date of the receipt of the first payment or receipt into the trust fund. The board shall consist of the state treasurer or his designee, the person responsible for the operation of the state park program or his designee, and three citizens of this state who are residents of the area in which the Pansy Johnson-Travis Memorial State Gardens will be located as provided in subsection 2 of this section.

6. Funds for the Pansy Johnson-Travis Memorial State trust fund shall be expended only upon appropriation by the general assembly.

(L. 1986 H.B. 1591 1)

CROSS REFERENCE:

Transfer of trust fund to Missouri investment trust, reconveyance to state treasurer, when, 30.954



Acquisition of Rice-Tremonti Home by department of natural resources--duties.

253.385. 1. Pursuant to the provisions of section 48 of article III of the Constitution of the state of Missouri, the department of natural resources is hereby authorized to acquire by purchase from funds appropriated or otherwise available to the department or to acquire by gift, if such gift is unencumbered by any lien or mortgage, the Rice-Tremonti Home at 66th and Blue Ridge Boulevard in Raytown, Missouri, for the establishment of a state historic site as a tribute to Archibald Rice and his family who supplied food and other essentials to pioneers striking out for a new home in the great westward expansion.

2. In acquiring this home, which may include both real and personal property, the department shall make adequate provisions for the proper care, maintenance and safekeeping of the property so that the home will be a historic reminder of the sacrifices of our forefathers and ensure that the home is to be used and enjoyed by all the citizens of this state.

3. The attorney general shall approve the form of the instrument of conveyance.

(L. 1996 H.B. 1237)



Historic preservation revolving fund authorized--definitions--use of fund.

253.395. 1. As used in this section, the following terms mean:

(1) "Historic properties" or "property", any building, structure, district, area, or site within a municipality's boundaries that is significant in the history, architecture, archaeology, or culture of this state, its communities, or this country, which is eligible for nomination to the National Register of Historic Places;

(2) "Municipality", any town, city, or village that has by ordinance established a historic preservation revolving fund as authorized by this section.

2. Any town, city, or village in the state of Missouri may by ordinance establish a fund for the purpose of protecting and preserving historic properties, such fund to be known as the "Historic Preservation Revolving Fund". All expenses incurred in the acquisition of and all revenues received from the disposition of property as provided in subsections 3 and 4 of this section shall be paid for out of and deposited in the historic preservation revolving fund. Any moneys appropriated and any other moneys made available by gift, grant, bequest, contribution, or otherwise to carry out the purpose of this section, and all interest earned on, and income generated from, moneys in the fund shall be paid to, and deposited in, the historic preservation revolving fund.

3. From the moneys in the historic preservation revolving fund, such municipality may acquire, preserve, restore, hold, maintain, or operate any historic properties, together with such adjacent or associated lands within the municipality's boundaries as may be necessary for their protection, preservation, maintenance, or operation. Any interest in property acquired using the moneys in the historic preservation revolving fund shall be limited to that estate, agency, interest, or term deemed by such municipality to be reasonably necessary for the continued protection or preservation of the property. The moneys in this fund may be used to acquire the fee simple title, but where such municipality finds that a lesser interest, including any development right, negative or affirmative easement in gross or appurtenant covenant, lease or other contractual right of or to any real property to be the most practical and economical method of protecting and preserving historical property, the lesser interest may be acquired. Property may be acquired by gift, grant, bequest, devise, lease, purchase, or otherwise, but not by condemnation.

4. Such municipality may acquire or, in the case of property on which moneys from this fund have been expended, dispose of the fee or lesser interest to any historic property, including adjacent and associated lands, for the specific purpose of conveying or leasing the property back to its original owner or to any such other person, firm, association, corporation, or other organization under such covenants, deed restrictions, lease, or other contractual arrangements as will limit the future use of the property in such a way as to insure its preservation. In all cases where property on which money from this fund has been expended is conveyed or leased, it shall be subjected by covenant or otherwise to such rights of access, public visitation, and other conditions as may be agreed upon between the municipality and the grantee or lessee to operate, maintain, restore, or repair such property. Any conveyance or lease shall contain a reversion clause providing that, in the event the historic property is not operated, maintained, restored, and repaired in accordance with the provisions of this section or in such a way as to insure its preservation, title, and control of such property shall immediately revert to and vest in the municipality.

(L. 2002 S.B. 992)



Short title.

253.400. Sections 253.400 to 253.407 shall be known and may be cited as the "Historic Preservation Revolving Fund Act".

(L. 1979 S.B. 127 1)



Definitions.

253.401. As used in sections 253.400 to 253.407, unless the context requires otherwise:

(1) "Department" means the department of natural resources;

(2) "Fund" means the historic preservation revolving fund;

(3) "Historic property" or "property" means any building, structure, district, area or site that is significant in the history, architecture, archaeology or culture of this state, its communities or this country, which is eligible for nomination to the National Register of Historic Places.

(L. 1979 S.B. 127 2)



Purpose of fund--administration.

253.402. For the purpose of protecting and preserving the historic properties of this state, there is hereby created a "Historic Preservation Revolving Fund" to be administered by the department of natural resources. All expenses incurred in the acquisition of and all revenues received from the disposition of property as provided in sections 253.400 to 253.407 shall be paid for out of and deposited in the historic preservation revolving fund. Any moneys appropriated and any other moneys made available by gift, grant, bequest, contribution or otherwise to the department to carry out the purpose of sections 253.400 to 253.407, and all interest earned on, and income generated from, moneys in the fund shall be paid to, and deposited in, the historic preservation revolving fund.

(L. 1979 S.B. 127 3, A.L. 1995 H.B. 622)



Property, acquired how--condemnation prohibited.

253.403. From the moneys in the historic preservation revolving fund, upon appropriation by the general assembly, the department of natural resources may acquire, preserve, restore, hold, maintain or operate any historic properties, together with such adjacent or associated lands as may be necessary for their protection, preservation, maintenance or operation. Acquisition of historic property may include acquiring the fee simple title or any lesser interest therein. Property may be acquired by gift, grant, bequest, devise, lease, purchase or otherwise, but not by condemnation.

(L. 1979 S.B. 127 4)



Property, interest limited to estate, or term necessary to preserve and protect.

253.404. Any interest in property acquired using the moneys in the historic preservation revolving fund shall be limited to that estate, agency, interest or term deemed by the department to be reasonably necessary for the continued protection or preservation of the property. The moneys in this fund may be used to acquire the fee simple title, but where the department finds that a lesser interest, including any development right, negative or affirmative easement in gross or appurtenant covenant, lease or other contractual right of or to any real property to be the most practical and economical method of protecting and preserving historical property, the lesser interest may be acquired.

(L. 1979 S.B. 127 5)



Sale or lease of acquired property subject to restrictions--reversion clause.

253.405. The department, using moneys from this fund, may acquire or, in the case of property on which moneys from this fund have been expended, dispose of the fee or lesser interest to any historic property, including adjacent and associated lands, for the specific purpose of conveying or leasing the property back to its original owner or to any such other person, firm, association, corporation or other organization under such covenants, deed restrictions, lease or other contractual arrangements as will limit the future use of the property in such a way as to insure its preservation. In all cases where property on which money from this fund has been expended is conveyed or leased, it shall be subjected by covenant, or otherwise, to such rights of access, public visitation and other conditions as may be agreed upon between the department and the grantee or lessee to accomplish the purpose of this section. Any conveyance or lease shall contain a reversion clause providing that, in the event the historic property is not operated, maintained, restored and repaired in accordance with the provisions of this section or in such a way as to insure its preservation, title and control of such property shall immediately revert to and vest in the governor.

(L. 1979 S.B. 127 6)



Unexpended balance not to be transferred to general revenue.

253.407. Any unexpended balance in the historic preservation revolving fund at the end of any appropriation period shall not be transferred to the general revenue fund of the state treasury and, accordingly, shall be exempt from the provisions of section 33.080 relating to transfer of funds to the general revenue funds of the state by the state treasurer.

(L. 1979 S.B. 127 8)



Law citation, state historic preservation act--state historic preservation officer to be director of natural resources, duties.

253.408. 1. Sections 253.408 to 253.412 shall be known and may be cited as the "State Historic Preservation Act".

2. The director of the department of natural resources is hereby designated as the state historic preservation officer. The state historic preservation office shall be located in the department of natural resources and shall be responsible for establishing, implementing, and administering federal and state programs or plans for historic preservation and shall have the following duties including, but not limited to:

(1) Direct and conduct a comprehensive statewide survey of historic, archaeological, architectural, and cultural properties and maintain inventories of such properties;

(2) Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for listing historic properties on the national register;

(3) Prepare and implement a comprehensive statewide historic preservation plan;

(4) Administer the state program of federal assistance for historic preservation within the state;

(5) Administer historic preservation fund grants as mandated by the National Historic Preservation Act of 1966, as amended;

(6) Provide public information, education and training, and technical assistance relating to the federal and state historic preservation programs;

(7) Cooperate with local governments in the development of local historic preservation programs, and to assist local governments in becoming certified pursuant to the Historic Preservation Act of 1966, as amended;

(8) Advise and assist federal and state agencies and local governments in carrying out their historic preservation responsibilities;

(9) Cooperate with the National Advisory Council on Historic Preservation, federal and state agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development;

(10) Administer the state unmarked human burial sites, as detailed in sections 194.400 to 194.410;

(11) Administer the historic preservation revolving fund, as detailed in sections 253.400 to 253.407; and

(12) Cooperate with the department of economic development in administering the main street Missouri act, as detailed in sections 251.470 to 251.485.

(L. 1991 S.B. 124 1, 2)



Designation of historic districts, structure or sites, certain counties, procedure--property owners must concur--not applicable to cities (Greene and Christian counties).

253.409. In any county of the first classification which contains a city with a population of one hundred thousand or more inhabitants which adjoins no other county of the first classification and in any county with a population of at least thirty-two thousand inhabitants which adjoins such a county, prior to the designation of any historic district, landmark, building, structure or site by any historic preservation officer, or by any county on the recommendation of any local historic preservation commission established pursuant to section 253.415, such historic preservation officer or the governing body of the county shall send notice to all owners of real property within any such district which is to be designated as a historic district or to all owners of real property whose property is to be designated as a historic landmark, building, structure or site in the manner prescribed in this section. Such notice shall be sent by registered mail at least fifteen days prior to the date of such designation and shall provide the property owner the right to approve or reject the proposed designation. If a majority of property owners within the proposed historic district object to the proposed designation, or if the owner of real property which is proposed to be designated as a historic landmark, building, structure or site objects to the proposed designation, the historic preservation officer or, in the case of a proposed local designation pursuant to section 253.412, the governing body of the county, shall not designate the historic district, landmark, building, structure or site unless and until a majority of such property owners of the proposed historic district or the owner of real property which is proposed to be designated as a historic landmark, building, structure or site withdraw their objections. The provisions of this section shall not apply to any city located within a county described in this section.

(L. 1994 H.B. 1094)



Deputy state preservation officer appointment--to serve as director--staff, qualifications.

253.410. The state historic preservation officer shall designate a deputy state historic preservation officer who shall serve as director of the state historic preservation office. At a minimum, the staff of the state historic preservation office shall include an archaeologist, an architectural historian, a historian and a historical architect.

(L. 1991 S.B. 124 3)



Missouri advisory council on historic preservation transferred to department of natural resources.

253.412. The Missouri advisory council on historic preservation established by executive order 81-11, pursuant to the historic preservation act of 1966, and the regulations promulgated thereunder, is hereby transferred by a type III transfer to the department of natural resources.

(L. 1991 S.B. 124 4)



Local historic preservation citation--historic preservation commission may be established by ordinance--powers--qualifications.

253.415. 1. This section shall be known and may be cited as the "Local Historic Preservation Act".

2. Each city, town, village and each county regardless of classification may create by ordinance or order a historic preservation commission, and * grant to such commission any or all of the following powers and authority:

(1) To conduct ongoing survey and research to identify and document buildings, structures, objects, sites and districts that are of historic, archaeological, architectural, engineering, cultural or scenic significance to the locality, the state or the nation;

(2) To recommend to the governing body designation of significant historic properties as historic landmarks and historic districts, to prepare documentation supporting such nomination, and to maintain a register of designated landmarks and districts, and of significant historical, architectural and archaeological properties;

(3) To recommend to the governing body the establishment of regulations, guidelines and policies to preserve the integrity and ambience of designated landmarks and districts. The commission shall have the authority to review ordinary maintenance as deemed appropriate, new construction, alterations, removals, and demolitions proposed within the boundaries of a landmark or district, including review of plans for vacant lots and nonhistoric buildings and structures;

(4) To provide technical assistance to owners of older and historic, architectural, archaeological, cultural and scenic properties concerning the preservation and maintenance of the property;

(5) To recommend to the governing body programs and policies and economic incentives to encourage the preservation of significant historic landmarks and districts;

(6) To prepare a comprehensive historic preservation plan, or a preservation element to a master plan, to integrate the preservation program into the local government for planning and zoning for land use, building and fire codes, special-use permits, community revitalization, and heritage tourism;

(7) To participate in the conduct of land use, urban renewal and other city activities affecting landmarks and districts; and

(8) To acquire by purchase, gift, or bequest, fee title or lesser interest, including preservation restriction or easements, in designated properties and adjacent or associated lands which are important for the preservation and use of the designated properties.

3. Commission members should, to the extent available, be persons with demonstrated interest or expertise in historic preservation. Representatives of historical societies and residents of historic districts are encouraged as members.

(L. 1991 S.B. 124 5, 6, 7, A.L. 1994 S.B. 737)

* Word "to" appears here in original rolls.



Shipwrecks meeting historic register criteria, salvage or excavation requirements, permit, fee--embedded, defined--violation, penalty, rules, procedure.

253.420. 1. After August 28, 1991, no person, corporation, partnership, proprietorship or organization shall initiate salvage operations, excavation or similar ground disturbing activities of any submerged or embedded abandoned shipwreck in this state which meets the national register of historic places criteria without obtaining a permit from the department of natural resources as provided in this section. As used in this section, the term "embedded" means firmly affixed in lands such that the use of excavation tools is required in order to gain access to any part of the shipwreck or its cargo.

2. The department of natural resources shall not issue a permit under this section unless the applicant submits a detailed plan of the activities regulated by this section to be made by the applicant and such plan is approved by the department. The department is authorized to promulgate appropriate regulations for the administration of this section. All recovery and investigation plans shall meet the current professional standards for such activities, which minimize the risk of loss or damage to the shipwreck or its cargo. An applicant shall be a professional archaeologist, as defined in section 194.400, or shall hire a professional archaeologist as a staff member or consultant to the activities regulated by this section. Upon approval of a permit application, the applicant shall pay a permit fee of one hundred dollars to the director of the department of revenue, who shall deposit all funds received pursuant to this section in the state treasury to the credit of the general revenue fund. The department of natural resources shall approve or deny any application for a permit under this section within thirty days of application.

3. In the event there is a sale, at least fifty percent of each class, category or type of all artifacts or recovered materials shall be donated or offered for sale at fair market value to public or private museums or to other public institutions in this state. Such museums and institutions shall study, interpret and display such materials or artifacts. To the maximum extent possible, such artifacts shall remain in Missouri.

4. Any person, corporation, partnership, proprietorship or organization who violates the provisions of this section shall be guilty of a class A misdemeanor. Upon conviction, all specimens, objects and materials collected or excavated by such person, together with all photographs and records relating to such material, are property of the state. Each day of a continuing violation of subsection 1 of this section shall constitute a separate offense.

5. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1991 S.B. 75 1, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)



Abandoned materials belong to the state--definitions--rulemaking.

253.421. 1. As used in section 253.420 and this section, the following words and phrases mean:

(1) "Department", the department of natural resources, state historic preservation office;

(2) "Historic shipwreck", artifacts and remains of historic shipwreck sites which are over fifty years in age, including but not limited to a ship's structure and rigging, machinery, hardware, tools, utensils, cargo, personal items of crew passengers, and monetary or treasure trove;

(3) "Lands beneath navigable waters":

(a) All lands within the boundaries of this state which are covered by nontidal waters that are now navigable, or were navigable under the laws of the United States at the time this state became a member of the Union or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, river channel shifts, and reliction;

(b) All filled in, made, or reclaimed lands which formerly were lands beneath navigable waters;

(4) "Shipwreck", a vessel or wreck, its cargo, and other contents, reasonably believed to have wrecked or been abandoned at least fifty years prior to any permit application.

2. Under the Abandoned Shipwreck Act of 1987, 43 U.S.C. Sections 2101-2106, all historic shipwreck materials and such objects having intrinsic or historical and archaeological value which have been abandoned on lands beneath navigable waters shall belong to the state with jurisdiction thereto vested in the department for the purposes of administration and protection. The department shall have the authority to promulgate rules and regulations for the acceptable visitation, study, and salvage of such historic shipwreck materials.

3. Any plan of regulated activities submitted by an applicant under subsection 2 of section 253.420 shall include authorized written permission from any affected landowner allowing access both to and from sites on the property and permitting any ground-disturbing activities on such property.

(L. 2007 S.B. 198)



Disapproval of conveyance by United States to state of land related to Meramec Park Lake Project, exceptions--restrictive covenants, exceptions.

253.500. The general assembly of the state of Missouri, pursuant to authority granted by the provisions of an act of the Ninety-seventh Congress of the United States known as Senate Bill No. 1493, PL 97-128, does hereby disapprove the general conveyance to the state of Missouri by the federal government or any agency of the federal government of any lands, and any interests in lands, related to the Meramec Park Lake Project, but expressly accepts the following conveyances:

(1) The state of Missouri is hereby authorized to accept conveyance of fee title interests in lands consisting of no more than five thousand one hundred twenty-two acres, with those lands further described by a map titled "Meramec Land Map (Reference to amended H.B. 1539, 81st General Assembly)", dated March 1, 1982, and on file with the Missouri department of natural resources, parts of which are accepted for the department of transportation, the department of conservation, and the department of natural resources as indicated on said map;

(2) The state of Missouri is hereby authorized to accept a conveyance of restrictive covenants on certain lands presently owned by the United States government, such lands to be in addition to those identified in subdivision (1), and which shall consist of those lands which lie within six hundred feet of either side of a center line of the Meramec River, Huzzah and Courtois creeks within lands referred to in PL 97-128, as part of the Meramec Lake Project, or if necessary to comply with PL 97-128, to the minimum distance from the normal high water mark established by said law. Such center line shall be established by the state land surveyor prior to the conveyance;

(3) Such covenants shall only restrict the erection, placement or maintenance of structures on said lands, the depositing of any trash or foreign material which is unsightly or offensive, and the cutting, destruction or removal of any living timber which occupies the banks of said river and creeks within the designated area. Farm buildings, including farm residences, and livestock fences shall not be considered structures for the purposes of this authorization, and presently existing buildings or structures shall not be affected by this restriction. The state of Missouri is hereby restricted from using any authority granted by PL 97-128 to use lands within the areas affected by such covenants for the development of the Ozark Trail.

(L. 1982 H.B. 1539 1)

Effective 4-26-82



Sale of land authorized--procedure--committee established, qualifications, appointment, duties.

253.510. 1. At least one thousand five hundred thirty-two acres of the total amount of five thousand one hundred twenty-two acres accepted pursuant to the acceptance authorized by subdivision (1) of section 253.500 shall be sold as provided in this section. An additional two hundred acres may be sold if such sale is approved by the committee established by the provisions of subsection 2.

2. Title to those lands shall vest in the governor. All or portions of the one thousand seven hundred thirty-two acres shall be sold upon the recommendation of a committee composed of one member of the house of representatives, appointed by the speaker, one member of the senate, appointed by the president pro tem of the senate, and the governor or his representative. Specific authorization is hereby given for the sale of such lands, and, the provisions of subsection 10 of section 37.005, the contrary notwithstanding, the governor, after recommendation by the committee, may transfer title to such land without specific legislative approval for each individual parcel sold. Any such conveyance shall be signed by the governor, and the form of the instrument of conveyance shall be approved by the attorney general.

(L. 1982 H.B. 1539 2 subsecs. 1, 2, A.L. 1983 H.B. 212)

Effective 6-9-83



Distribution of proceeds from land sales--Meramec-Onondaga state parks fund, created, purpose.

253.520. 1. Ten percent of the sale price of any tract sold shall be paid to the county or counties wherein the lands are located, in a ratio equal to the portion which lies in each county to the total acreage involved, and the county or counties shall distribute those proceeds to each political subdivision which contains within its boundaries all or part of the land sold in the same ratio as the political subdivision's property tax rate bears to the total property tax rate which would normally be levied upon the land sold.

2. Ninety percent of the sale price of any tract sold shall be placed in the state treasury to the credit of the "Meramec-Onondaga State Parks Fund" which is hereby created. Moneys so received, together with all other property acquired through any grant, gift, donation, devise or bequest which may be received for the support and maintenance of the Meramec State Park and the Onondaga Cave State Park, which shall also be placed in said fund, shall be placed in the fund and shall be used solely for the maintenance, beautification and further development of the Meramec State Park and the Onondaga Cave State Park. All income, interest, rights or rent earned through the operation of the fund shall also be credited to the fund.

(L. 1982 H.B. 1539 2 subsecs. 3, 4)

Effective 4-26-82



State treasurer to be custodian of fund, duties, powers.

253.530. The state treasurer shall be the custodian of all moneys, bonds, securities or interests and rights therein deposited in the state treasury to the credit of this fund. All such moneys, bonds, securities or interests and rights therein shall be invested by the state treasurer in the same manner as other state funds are invested. He and his sureties are responsible on his official bond for the faithful performance of his duties in the safekeeping of all money or property of the fund as provided in sections 253.510 and 253.520 for the disbursement of such money or the proceeds from such property by the Missouri department of natural resources.

(L. 1982 H.B. 1539 2 subsec. 5)

Effective 4-26-82



Department of natural resources' authority to use income and annual percentage of fund.

253.540. The Missouri department of natural resources is authorized to use the income of the fund created by section 253.520 for the purposes for which the fund is dedicated and, in addition, may expend annually an amount equal to seven and one-half percent of the corpus of the fund for the same purposes. Such amounts shall be subject to appropriation by the general assembly. If the corpus is reduced to a total of ten thousand dollars or less, then the entire amount may be appropriated for such purposes.

(L. 1982 H.B. 1539 2 subsec. 6)

Effective 4-26-82



Definitions.

253.545. As used in sections 253.545 to 253.559, the following terms mean, unless the context requires otherwise:

(1) "Certified historic structure", a property located in Missouri and listed individually on the National Register of Historic Places;

(2) "Deed in lieu of foreclosure or voluntary conveyance", a transfer of title from a borrower to the lender to satisfy the mortgage debt and avoid foreclosure;

(3) "Eligible property", property located in Missouri and offered or used for residential or business purposes;

(4) "Leasehold interest", a lease in an eligible property for a term of not less than thirty years;

(5) "Principal", a managing partner, general partner, or president of a taxpayer;

(6) "Structure in a certified historic district", a structure located in Missouri which is certified by the department of natural resources as contributing to the historic significance of a certified historic district listed on the National Register of Historic Places, or a local district that has been certified by the United States Department of the Interior;

(7) "Taxpayer", any person, firm, partnership, trust, estate, limited liability company, or corporation.

(L. 1997 2d Ex. Sess. S.B. 1, A.L. 2009 H.B. 191)

Effective 6-04-09



Tax credits, qualified persons or entities, maximum amount, limitations--exceptions.

253.550. 1. Any taxpayer incurring costs and expenses for the rehabilitation of eligible property, which is a certified historic structure or structure in a certified historic district, may, subject to the provisions of this section and section 253.559, receive a credit against the taxes imposed pursuant to chapters 143 and 148, except for sections 143.191 to 143.265, on such taxpayer in an amount equal to twenty-five percent of the total costs and expenses of rehabilitation incurred after January 1, 1998, which shall include, but not be limited to, qualified rehabilitation expenditures as defined under section 47(c)(2)(A) of the Internal Revenue Code of 1986, as amended, and the related regulations thereunder, provided the rehabilitation costs associated with rehabilitation and the expenses exceed fifty percent of the total basis in the property and the rehabilitation meets standards consistent with the standards of the Secretary of the United States Department of the Interior for rehabilitation as determined by the state historic preservation officer of the Missouri department of natural resources.

2. During the period beginning on January 1, 2010, but ending on or after June 30, 2010, the department of economic development shall not approve applications for tax credits under the provisions of subsections 3 and 8 of section 253.559 which, in the aggregate, exceed seventy million dollars, increased by any amount of tax credits for which approval shall be rescinded under the provisions of section 253.559. For each fiscal year beginning on or after July 1, 2010, the department of economic development shall not approve applications for tax credits under the provisions of subsections 3 and 8 of section 253.559 which, in the aggregate, exceed one hundred forty million dollars, increased by any amount of tax credits for which approval shall be rescinded under the provisions of section 253.559. The limitations provided under this subsection shall not apply to applications approved under the provisions of subsection 3 of section 253.559 for projects to receive less than two hundred seventy-five thousand dollars in tax credits.

3. For all applications for tax credits approved on or after January 1, 2010, no more than two hundred fifty thousand dollars in tax credits may be issued for eligible costs and expenses incurred in the rehabilitation of an eligible property which is a nonincome producing single-family, owner-occupied residential property and is either a certified historic structure or a structure in a certified historic district.

4. The limitations on tax credit authorization provided under the provisions of subsections 2 and 3 of this section shall not apply to:

(1) Any application submitted by a taxpayer, which has received approval from the department prior to January 1, 2010; or

(2) Any taxpayer applying for tax credits, provided under this section, which, on or before January 1, 2010, has filed an application with the department evidencing that such taxpayer:

(a) Has incurred costs and expenses for an eligible property which exceed the lesser of five percent of the total project costs or one million dollars and received an approved Part I from the Secretary of the United States Department of Interior; or

(b) Has received certification, by the state historic preservation officer, that the rehabilitation plan meets the standards consistent with the standards of the Secretary of the United States Department of the Interior, and the rehabilitation costs and expenses associated with such rehabilitation shall exceed fifty percent of the total basis in the property.

(L. 1997 2d Ex. Sess. S.B. 1, A.L. 2009 H.B. 191)

Effective 6-04-09



Credits exceeding tax liability--distribution--assignment.

253.557. 1. If the amount of such credit exceeds the total tax liability for the year in which the rehabilitated property is placed in service, the amount that exceeds the state tax liability may be carried back to any of the three preceding years and carried forward for credit against the taxes imposed pursuant to chapter 143 and chapter 148, except for sections 143.191 to 143.265 for the succeeding ten years, or until the full credit is used, whichever occurs first. Not-for-profit entities, including but not limited to corporations organized as not-for-profit corporations pursuant to chapter 355 shall be ineligible for the tax credits authorized under sections 253.545 through 253.561. Taxpayers eligible for such tax credits may transfer, sell or assign the credits. Credits granted to a partnership, a limited liability company taxed as a partnership or multiple owners of property shall be passed through to the partners, members or owners respectively pro rata or pursuant to an executed agreement among the partners, members or owners documenting an alternate distribution method.

2. The assignee of the tax credits, hereinafter the assignee for purposes of this subsection, may use acquired credits to offset up to one hundred percent of the tax liabilities otherwise imposed pursuant to chapter 143 and chapter 148, except for sections 143.191 to 143.265. The assignor shall perfect such transfer by notifying the department of economic development in writing within thirty calendar days following the effective date of the transfer and shall provide any information as may be required by the department of economic development to administer and carry out the provisions of this section.

(L. 1997 2d Ex. Sess. S.B. 1, A.L. 1998 S.B. 827)



Procedure for approval of tax credit--eligibility, how determined--certificate required.

253.559. 1. To obtain approval for tax credits allowed under sections 253.545 to 253.559, a taxpayer shall submit an* application for tax credits to the department of economic development. Each application for approval, including any applications received for supplemental allocations of tax credits as provided under subsection 8 of this section, shall be prioritized for review and approval, in the order of the date on which the application was postmarked, with the oldest postmarked date receiving priority. Applications postmarked on the same day shall go through a lottery process to determine the order in which such applications shall be reviewed.

2. Each application shall be reviewed by the department of economic development for approval. In order to receive approval, an application, other than applications submitted under the provisions of subsection 8 of this section, shall include:

(1) Proof of ownership or site control. Proof of ownership shall include evidence that the taxpayer is the fee simple owner of the eligible property, such as a warranty deed or a closing statement. Proof of site control may be evidenced by a leasehold interest or an option to acquire such an interest. If the taxpayer is in the process of acquiring fee simple ownership, proof of site control shall include an executed sales contract or an executed option to purchase the eligible property;

(2) Floor plans of the existing structure, architectural plans, and, where applicable, plans of the proposed alterations to the structure, as well as proposed additions;

(3) The estimated cost of rehabilitation, the anticipated total costs of the project, the actual basis of the property, as shown by proof of actual acquisition costs, the anticipated total labor costs, the estimated project start date, and the estimated project completion date;

(4) Proof that the property is an eligible property and a certified historic structure or a structure in a certified historic district; and

(5) Any other information which the department of economic development may reasonably require to review the project for approval.

Only the property for which a property address is provided in the application shall be reviewed for approval. Once selected for review, a taxpayer shall not be permitted to request the review of another property for approval in the place of the property contained in such application. Any disapproved application shall be removed from the review process. If an application is removed from the review process, the department of economic development shall notify the taxpayer in writing of the decision to remove such application. Disapproved applications shall lose priority in the review process. A disapproved application, which is removed from the review process, may be resubmitted, but shall be deemed to be a new submission for purposes of the priority procedures described in this section.

3. If the department of economic development deems the application sufficient, the taxpayer shall be notified in writing of the approval for an amount of tax credits equal to the amount provided under section 253.550 less any amount of tax credits previously approved. Such approvals shall be granted to applications in the order of priority established under this section and shall require full compliance thereafter with all other requirements of law as a condition to any claim for such credits.

4. Following approval of an application, the identity of the taxpayer contained in such application shall not be modified except:

(1) The taxpayer may add partners, members, or shareholders as part of the ownership structure, so long as the principal remains the same, provided however, that subsequent to the commencement of renovation and the expenditure of at least ten percent of the proposed rehabilitation budget, removal of the principal for failure to perform duties and the appointment of a new principal thereafter shall not constitute a change of the principal; or

(2) Where the ownership of the project is changed due to a foreclosure, deed in lieu of a foreclosure or voluntary conveyance, or a transfer in bankruptcy.

5. In the event that the department of economic development grants approval for tax credits equal to the total amount available under subsection 2 of section 253.550, or sufficient that when totaled with all other approvals, the amount available under subsection 2 of section 253.550 is exhausted, all taxpayers with applications then awaiting approval or thereafter submitted for approval shall be notified by the department of economic development that no additional approvals shall be granted during the fiscal year and shall be notified of the priority given to such taxpayer's application then awaiting approval. Such applications shall be kept on file by the department of economic development and shall be considered for approval for tax credits in the order established in this section in the event that additional credits become available due to the rescission of approvals or when a new fiscal year's allocation of credits becomes available for approval.

6. All taxpayers with applications receiving approval on or after the effective date of this act** shall commence rehabilitation within two years of the date of issuance of the letter from the department of economic development granting the approval for tax credits. "Commencement of rehabilitation" shall mean that as of the date in which actual physical work, contemplated by the architectural plans submitted with the application, has begun, the taxpayer has incurred no less than ten percent of the estimated costs of rehabilitation provided in the application. Taxpayers with approval of a project shall submit evidence of compliance with the provisions of this subsection. If the department of economic development determines that a taxpayer has failed to comply with the requirements provided under this section, the approval for the amount of tax credits for such taxpayer shall be rescinded and such amount of tax credits shall then be included in the total amount of tax credits, provided under subsection 2 of section 253.550, from which approvals may be granted. Any taxpayer whose approval shall be subject to rescission shall be notified of such from the department of economic development and, upon receipt of such notice, may submit a new application for the project.

7. To claim the credit authorized under sections 253.550 to 253.559, a taxpayer with approval shall apply for final approval and issuance of tax credits from the department of economic development which, in consultation with the department of natural resources, shall determine the final amount of eligible rehabilitation costs and expenses and whether the completed rehabilitation meets the standards of the Secretary of the United States Department of the Interior for rehabilitation as determined by the state historic preservation officer of the Missouri department of natural resources. For financial institutions credits authorized pursuant to sections 253.550 to 253.561*** shall be deemed to be economic development credits for purposes of section 148.064. The approval of all applications and the issuing of certificates of eligible credits to taxpayers shall be performed by the department of economic development. The department of economic development shall inform a taxpayer of final approval by letter and shall issue, to the taxpayer, tax credit certificates. The taxpayer shall attach the certificate to all Missouri income tax returns on which the credit is claimed.

8. Except as expressly provided in this subsection, tax credit certificates shall be issued in the final year that costs and expenses of rehabilitation of the project are incurred, or within the twelve-month period immediately following the conclusion of such rehabilitation. In the event the amount of eligible rehabilitation costs and expenses incurred by a taxpayer would result in the issuance of an amount of tax credits in excess of the amount provided under such taxpayer's approval granted under subsection 3 of this section, such taxpayer may apply to the department for issuance of tax credits in an amount equal to such excess. Applications for issuance of tax credits in excess of the amount provided under a taxpayer's application shall be made on a form prescribed by the department. Such applications shall be subject to all provisions regarding priority provided under subsection 1 of this section.

9. The department of economic development shall determine, on an annual basis, the overall economic impact to the state from the rehabilitation of eligible property.

(L. 1997 2d Ex. Sess. S.B. 1, A.L. 1998 S.B. 827, A.L. 2009 H.B. 191)

Effective 6-04-09

*Word "a" appears in original rolls.

**"This act" (H.B. 191, 2009) contained multiple effective dates of 6-04-09 and 8-28-09.

***Section 253.561 was repealed by S.B. 613 Revision, 2007.

CROSS REFERENCE:

Tax Credit Accountability Act of 2004, additional requirements, 135.800 to 135.830

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