- Perfected -

SCS/SB 754 - This act creates the "Exhibition Center & Recreation Facility District Act". The act enables citizens of Camden, Miller, Morgan, Jasper, Jefferson, 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 the Department 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.

Also, current law enables the creation of regional recreation districts. This act would permit a county to establish a regional recreation district on undeveloped property if all persons owning property within the proposed district consent and there are no eligible qualified voters residing within the district. Otherwise, the eligible and qualified voters of the district would approve the formation of the district by a public vote. The act also permits a sales tax to be submitted for a vote for the district under similar terms as above.

Regarding current law pertaining to the metropolitan parks and recreation districts, the scope of the duty of the districts is opened for the development, operation and maintenance of a system of parks and trails. Language has been added to clarify that nothing shall restrict the districts from entering into or initiating projects dealing with parks that are not necessarily connected to trails. Other added language pertains to grants awarded to municipalities for park purposes, with this amendment, those grants must be consistent with the purpose of the district. The act goes on to state that the district shall not substitute for the powers and responsibilities of other conservation and environmental regulatory agencies. Finally, it specifically states that nothing in the statute shall authorize the district to regulate water quality, watershed or land use issues in the counties comprising the district.

This act is similar to SB 244 (2003) and HB 144 (2003).

JEFF CRAVER