- Substitute -
SS/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 and Cass 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. Currently, only Boone County has such authorization (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 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; such members may or may not live in the district. The remaining two members 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 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 act allows for an extension of the tax if the extension is approved by the voters in the district.
Current law enables the creation of regional recreation districts. This act would permit Boone 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.
These sections are similar to SB 244 (2003) and HB 144 (2003) (Sections 67.793, 67.799, and 67.2000).
This act adds boards of trustees of community college districts to 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 establishes the percentage of property tax collections that are deposited in the county assessment fund. The percentage of all property tax collections except for collections on new construction and improvements shall be one-half of one percent for counties of the first and second classification and one percent for counties of the third and fourth classification. As an incentive to find and assess new construction, for all counties and St. Louis, one-eighth of property tax collections on new construction and improvements shall be submitted to the State Tax Commission to be deposited in the "County Assessment and Equalization Fund". The fund will be apportioned to the assessment funds of the counties and St. Louis based upon the ratio of each parcel count within a county compared to the total count of the state. These sections will expire on December 31, 2009 (Sections 137.720 and 137.723).
This act provides that in any county which becomes a first classification county after September 1, 1996 and Jasper County, one percent of all property 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 became 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
THIS SUMMARY REFLECTS THE SENATE SUBSTITUTE THAT HAS BEEN OFFERED, BUT NOT YET ADOPTED
SA 1 - Allows the Greene county jail to collect a fee from those being arrested and processed
SA 2 - Requires sexual offenders in Greene County to pay a fee for registering and updating information as a sexual offender
SA 3 - Requires the county commissioner and the county highway engineer to serve one the county planning board in a non-voting, advisory role in Cass County
SA 4 - Exempts all new sewer and water districts from recording fees
SA 5 - Landfill fees in Johnson County will go into the county general revenue fund instead of being dedicated to use by the industrial development authority
SA 7 - States duties of the Metropolitan Park and Recreation System and how sales tax collected for them shall be used
SA 8 - Limits maximum speed limit set by the county commission to 55 miles per hour if marked with signs and 45 miles per hour if not marked
SA 1 to SA 8 - Changes the maximum allowable speed limit to 50 miles per hour if the road is not marked with signs
SA 9 - Reenacts most sections included in SB 1107 (2002) concerning emergency services
SA 10 - Adds Jefferson County to the Exhibition Center and Recreational Facility District Act
SA 11 - Clarifies language in section concerning property taxes in certain counties
SA 12 - Increases funding to county assessment funds
SA 13 - Allows the governing bodies in St. Charles County to establish a theater, cultural arts, and entertainment district
SA 14 - Allows extra funds in the "Inmate Security Fund" to be used for maintenance of biometric verification systems and expenses for housing inmates
SA 15 - Enables Herman to enact a transient guest tax
SA 16 - Enables Boone and Cole counties to enact ordinances to abate trash, weeds, and derelict items from property
SA 17 - Allows Cass County to establish a courthouse restoration fund
SA 19 - Repeals Section 190.044
SA 20 - Provides an alternative method for issuing certain utilities revenue bonds
SA 21 - Eliminated sections creating enterprise zones
SA 22 - Allows county officials' salaries to be computed on an assessed valuation basis without regard to modifications because of the existence of enterprise zones
SA 23 - Allows flexibility in the type of security that may be accepted in lieu of full compensation of required infrastructure improvements