- Perfected -

SB 39 - This act creates the "Missouri Sheriff's Methamphetamine Relief Taskforce" (MoSMART) housed in the Department of Public Safety. This team consists of five sheriffs who will serve a two-year term and elect a chairman.

The MoSMART Fund is created and is available on an application basis to law enforcement entities and task forces. Applications are evaluated based upon the level of funding designated for methamphetamine enforcement before 1997 and upon current need and circumstances.

This act allows counties and St. Louis City to submit a tax to voters in order to fund enhanced 911, also referred to as wireless 911 services. The governing body of the political subdivision must choose one of two questions to submit to voters: 1) an extension of the wire line tax for 911 services to wireless services at the same rate; or 2) combine the taxes for wired and wireless into a flat tax of $.50 per line per month.

Twenty percent of the taxes collected from wireless service will be deposited into the 911 Emergency Services Fund which is created under this act. This percentage will be decreased to 10% when at least 60% of the counties with 75% of the population have passed a tax on wireless services. The percentage will be eliminated two years after 100% of the counties have passed a tax on wireless services. Moneys in the fund will be used for matching grants for the purpose of implementing a comprehensive statewide 911 system. These grants will be administered by the Office of Administration in consultation with the Department of Public Safety. Only cities passing the tax will be eligible for grants and may not receive grants for longer than three years or which have an amount exceeding 5% of the total funds available. Grants may be made on a collective basis to counties entering inter-county agreements to provide services.

The act clarifies that taxes generated by either the wired line or wireless line tax may only be used for the provision of emergency telephone services and for no other purpose. The act also authorizes the State Auditor to perform audits to ensure moneys are being used properly.

The act expands the scope of the Advisory Committee for 911 Service Oversight to include oversight of implementation of enhanced 911 services. The Advisory Committee is also instructed to advise the Department of Public Safety and the Office of Administration regarding the matching grants from the 911 Emergency Services Fund.

This act also makes manufacturing a controlled substance within 2,000 feet of a school a Class A felony.

This act makes it a Class B felony for any person not the owner or not in lawful control of an approved anhydrous ammonia container to release anhydrous ammonia into the atmosphere. If the unlawful release of anhydrous ammonia causes physical injury or death to any person, it is a Class A felony.

This act makes producing or manufacturing methamphetamine in a child's residence or within 2000 feet of a school a Class A felony.

This act authorizes a $150 surcharge to all pleas or findings of guilt in Chapter 195, RSMo, drug cases that requires laboratory tests. The surcharge is to offset the laboratory testing.

This act contains provision of SB 409 (2003)and SB 404 (2003).

SARAH MORROW