- Committee -

SCS/SB 715 - This act modifies the classification of counties. The assessed valuation necessary to qualify as a first class county is increased from the current $450 million to $600 million. The assessed valuation necessary to qualify as a second class county is increased from the current $300 million to $450 million. No county will move to a lower classification than its current classification as a result of the changes in the assessed valuation requirement, however, such a county may move to a lower classification after five years at a level below the requisite amount for the counties current classification (Section 48.020 & 48.030).

The act allows any county that has the requisite assessed valuation to become a first class county to choose to do so upon an affirmative vote of the county's governing body, even though the county has not had such valuation for five successive years as required under current law (Section 48.030).

The act authorizes Jasper County and Boone County to adopt rules, regulations, or ordinances to impose a civil fine of not more than $1,000 per violation for certain misdemeanors. The appointed county counselor prosecutes such violations. Fines collected pursuant to this act shall be paid into the county general fund to be used to pay for the cost of enforcement of such offenses (Section 49.272).

This act authorizes county commissions to establish by ordinance or order a "County Law Enforcement Restitution Fund", which shall be under the supervision of a board of trustees with certain requirements for the composition of membership. The money in the fund can only be used for certain law enforcement purposes such as narcotics investigation, prevention, and intervention, the purchase of equipment, and other related expenses. The county commission may not reduce an law enforcement agency's budget as a result of money that it receives from the fund (Section 50.550 and 50.565).

This act allows the court to order payment to a statutorily created fund for costs incurred as a result of an offender's actions. The performance of free work ordered by the court may be performed for offender treatment programs, work release programs in local facilities, and community-based residential and nonresidential programs.

This act establishes that the court may specifically order payment to a county law enforcement restitution fund, but such contribution shall not exceed $275 and can only be used for the purposes provided for in statute. A judge may only order payment to a fund if it has been created by ordinance or resolution and cannot have authority or control over the fund. This act requires a hearing before a person's probation can be revoked for failure to pay to the fund (Section 559.021).

The act authorizes county treasurers in counties of the third and fourth classification to issue payroll checks before the filing of the county budget estimates (Section 50.740).

This act creates the "Exhibition Center & Recreation Facility District Act". The act enables citizens of Camden, Miller, Morgan, Jasper, Newton, Buchanan and Wright counties to petition to create an exhibition center & recreation facility district. At least fifty property owners in the county must sign the petition.

The petition must include the petitioners names, a description of the district's boundaries, and the name of the proposed district. Once the petition is filed, the governing body may approve a resolution to the create the district. Following a public hearing, the governing body may adopt an order establishing the proposed district.

A board of trustees is created to administer any district created and the expenditure of revenue that accompanies such district. The governing body of each county within the district shall appoint four residents from the portion of the county within the district to serve on the board. At least one member of the board shall be the owner of a business in the district and at least one member shall be the owner of a lodging facility in the district. Two of the members of the board must reside in the district. The board will have the power to have a seal, sue and be sued, enter into contracts or other agreements affecting the affairs of the district, to borrow money, to issue bonds, to acquire and dispose of real and personal property, to refund bonds without an election, to manage the affairs of the district, to hire agents, and to amend and adopt bylaws.

The district may submit to its voters a sales tax of up to one-quarter of one percent. The act includes ballot language to that effect. The act also includes the creation of a fund to receive such sales tax revenue and instructs the director of revenue to authorize disbursements to the district. The tax shall be reduced automatically to a rate of one-tenth of one percent after twenty-five years unless an extension is voted upon by the voters in the district.

This act makes a technical change to delete the requirement that the treasurer make the disbursements in the case of an overpayment, as such is not required for non-state funds.

After August 28, 2004, Boone County may create a district in an unincorporated area of the county or in an incorporated area of the county upon approval of the governing body of the incorporated area. It is necessary to file a petition, signed by all the property owners in the district, with the governing body of the county. There must be unanimous approval by all the property owners within the district of the order creating the district and the proposed sales tax ballot question. If there are no voters in the area, the question will be submitted to the qualified voters of the county (Section 67.2000).

This act removes boards of trustees of community college districts from the exception authorizing candidates in certain situations to assume responsibilities of a position without an election (Section 115.124).

This act authorizes the Department of Economic Development to designate an enterprise zone in Douglas County (Section 135.217).

This act authorizes the Department of Economic Development to designate an area within Jackson County as a satellite zone. The governing body of the county must submit a plan describing how the zone corresponds to the county's overall enterprise zone strategy. The Department of Economic Development is also authorized to designate an enterprise zone in Laclede County. The zones must be approved by the Director of Department of Economic Development and meet all statutory requirements (Section 135.207 and 135.261).

This act modifies the percentage of property tax collections that are deposited in the county assessment fund. It increases the percentage from one-half of one percent to three-quarter of one percent in first and second counties and St. Louis City. For third and fourth class counties the percentage becomes one and one-quarter percent, up from one percent in third and fourth class counties (Section 137.720).

This act provides that in any county which becomes a first classification county after September 1, 1997 and Jasper County, one percent of all ad valorem taxes allocable to the county and each taxing authority in the county shall be deducted from taxes collected on the first five hundred million dollars of assessed valuation. The one-percent fee will be assigned among the political subdivisions. Beyond the five hundred million dollars of assessed valuation the amount of the deduction shall be one half of one percent, consistent with the current law. Currently, the law provides for such counties which become first classification counties after September 1, 1998 (Section 137.721).

The act clarifies that a municipality in Christian County may continue to operate an emergency telephone service in the event the county also establishes a service or has been reclassified into a higher classification (Section 190.306).

The act authorizes counties of the second, third, or fourth classification to set by ordinance countywide speed limits on roads within the county which are maintained by the county (Section 304.010).

The act authorizes the use of money from the "Inmate Security Fund" to be used for security measures to ensure that inmates can be properly identified and tracked within the system. Currently, the fund may be used for "biometric measures" only (Section 488.5026).

In addition to amounts authorized prior to August 28, 2004, this act authorizes the Board of Fund Commissioners to issue bonds for grants and loans pursuant to several sections of Article III of the Missouri Constitution. The authorizations are for:

(1) $10 million of bonds for waste water pollution control, drinking water system improvements, and storm water control pursuant to Section 37(e);

(2) $10 million of bonds for rural water and sewer projects pursuant to Section 37(g); and

(3) $20 million of bonds for storm water control plans, studies, and projects in first classification counties and the City of St. Louis pursuant to Section 37(h). (Sections 644.581, 644.582, 644.583).

Sections 48.020 and 48.030 have an emergency clause.

SUSAN HENDERSON