FIRST REGULAR SESSION
SENATE BILL NO. 39
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATORS CAUTHORN, GROSS AND KLINDT.
Pre-filed December 1, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
0072S.01I
AN ACT
To amend chapter 650, RSMo, by adding thereto one new section relating to the establishment of the Missouri sheriff methamphetamine relief team.
Section A.Chapter 650, RSMo, is amended by adding thereto one new section, to be known as section 650.350, to read as follows:
650.350.1.There is hereby created within the department of public safety the "Missouri Sheriff Methamphetamine Relief Taskforce" (MoSMART).MoSMART shall be composed of five sitting sheriffs.Every two years, the Missouri sheriffs' association board of directors will submit twenty names of sitting sheriffs to the governor.The governor shall appoint five members from the list of twenty names, having no more than three from any one political party, to serve a term of two years on MoSMART.The members shall elect a chair from among their membership.Members shall receive no compensation for the performance of their duties pursuant to this section, but each member shall be reimbursed from the MoSMART fund for actual and necessary expenses incurred in carrying out duties pursuant to this section.
2.MoSMART shall meet no less than twice each calendar year with additional meetings called by the chair upon the request of at least two members.A majority of the appointed members shall constitute a quorum.
3.A special fund is hereby created in the state treasury to be know as the "MoSMART Fund".The state treasurer shall invest the moneys in such fund in the manner authorized by law.All moneys received for MoSMART from appropriations, interest, or federal moneys shall be deposited to the credit of the fund.The director of the department of public safety shall distribute at least fifty percent but not more than one hundred percent of the fund annually in the form of grants approved by MoSMART.
4.All moneys appropriated to or received by MoSMART shall be deposited and credited to the MoSMART fund.The department of public safety shall only be reimbursed for actual and necessary expenses for the administration of MoSMART, which shall be no less than one percent and which shall not exceed two percent of all moneys appropriated to the fund.The provisions of section 33.080, RSMo, to the contrary notwithstanding, moneys in the MoSMART fund shall not lapse to general revenue at the end of the biennium.
5.Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2003, shall be invalid and void.
6.Any county law enforcement entity or established task force with a memorandum of understanding and protocol may apply for grants from the MoSMART fund on an application to be developed by the department of public safety with the approval of MoSMART.All applications shall be evaluated by MoSMART and approved or denied based upon the level of funding designated for methamphetamine enforcement before 1997 and upon current need and circumstances.No applicant shall receive a MoSMART grant in excess of one hundred thousand dollars per year.The department of public safety shall monitor all MoSMART grants.
7.MoSMART's anti-methamphetamine funding priorities are as follows:
(1)Sheriffs who are participating in coordinated multi-jurisdictional task forces and have their task forces apply for funding;
(2)Sheriffs whose county has been designated HIDTA counties, yet have received no HIDTA or narcotics assistance program funding; and
(3)Sheriffs without HIDTA designations or task forces, whose application justifies the need for MoSMART funds to eliminate methamphetamine labs.