HCS/SB 89 - Current law allows counties other than a charter county with a population over 400,000 to impose a 1/4, 3/8 or 1/2 of 1% sales tax for the purpose of providing law enforcement services. This substitute also allows a 1/8 of 1% sales tax for the same purpose; which would include entering into agreements to build, operate and maintain a regional jail. The substitute specifies additional ballot language and an effective date for ordinances enacting the sales tax.

The act also has other provisions which:

(1) Expand the authority of regional jail districts by allowing them to:

(a) Adopt bylaws, rules and regulations;

(b) Maintain offices;

(c) Execute leases, contracts and compromises;

(d) Construct, maintain and operate jail facilities;

(e) Collect rental fees and other charges for the use of a facility; and

(f) Issue bonds;

(2) Cover bonds, notes and other obligations. Issuance of district obligations do not obligate the state or member counties. Regional jail districts are exempt from all state taxes and interest on obligations;

(3) Prohibits a county which is a member of a regional jail district from terminating a regional jail district agreement on the basis that the county does not approve of the proposed jail district budget;

(4) Requires the county sheriff to establish and enforce certain criteria regarding private prisons. These standards include financial responsibility and liability and meeting operational standards applicable to the state's correctional facilities. Private facilities must provide for prisoner transfer, juvenile detention, and allow periodic inspections. Private prisons which violate these standards are subject to fine;

(5) Permits the county sheriff or the chief operating officer of a county jail or county correctional facility to deny visitation privileges to or refer to the county prosecutor any person who delivers or attempts to deliver prohibited items to persons housed in a county facility. It is a Class D felony to knowingly damage jail property;

(6) Requires the Department of Corrections to contract with correctional or jail facilities within the state before contracting with other states. No jail can charge more than 5% above the lowest and best bid for housing of state offenders in out-of-state facilities; and

(7) Makes it a Class D felony for an inmate or a juvenile under detention to throw, toss, or expel blood, seminal fluid, urine, or feces on a known, or perceived employee of the Department of Corrections, Department of Mental Health, or a law enforcement agency.

The content of this bill is identical to HCS/SB 218.

TOM MORTON