| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | FIRST REGULAR SESSION |
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| 5 | 5 | | SENATE BILL NO. 15 |
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| 6 | 6 | | 103RD GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR BROWN (16). |
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| 8 | 8 | | 1253S.01I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To repeal sections 221.105, 221.400, 221.402, 221.405, 221.407, and 221.410, RSMo, and to enact |
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| 11 | 11 | | in lieu thereof six new sections relating to jail reimbursements, with an emergency |
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| 12 | 12 | | clause for certain sections. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 15 | 15 | | Section A. Sections 221.105, 221.400, 221.402, 221.405, 1 |
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| 16 | 16 | | 221.407, and 221.410, RSMo, are repealed and six new sections 2 |
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| 17 | 17 | | enacted in lieu thereof, to be known as sections 221.400, 3 |
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| 18 | 18 | | 221.402, 221.405, 221.407, 221.410, and 550.320, to read as 4 |
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| 19 | 19 | | follows:5 |
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| 20 | 20 | | 221.400. 1. Any two or more contiguous counties 1 |
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| 21 | 21 | | within the state may form an agr eement to establish a 2 |
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| 22 | 22 | | regional jail district. The district shall have a boundary 3 |
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| 23 | 23 | | which includes the areas within each member county, and it 4 |
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| 24 | 24 | | shall be named the "______ Regional Jail District". Such 5 |
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| 25 | 25 | | regional jail districts may contract to carry out the 6 |
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| 26 | 26 | | mission of the commission and the regional jail district. 7 |
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| 27 | 27 | | 2. The county commission of each county desiring to 8 |
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| 28 | 28 | | join the district shall approve an ordinance , order, or 9 |
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| 29 | 29 | | resolution to join the district and shall approve the 10 |
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| 30 | 30 | | agreement which specifies the duties of each county within 11 |
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| 31 | 31 | | the district. 12 |
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| 32 | 32 | | 3. If any county wishes to join a district which has 13 |
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| 33 | 33 | | already been established under this section, the agreement 14 |
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| 34 | 34 | | shall be rewritten and reapproved by each member county. If 15 SB 15 2 |
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| 35 | 35 | | the district already levi es a sales tax pursuant to section 16 |
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| 36 | 36 | | 221.407, the county desiring to join shall have approved the 17 |
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| 37 | 37 | | levy of the district sales tax in the county pursuant to 18 |
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| 38 | 38 | | subsection 3 of section 221.407, and the rewritten agreement 19 |
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| 39 | 39 | | shall be provided. 20 |
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| 40 | 40 | | 4. The agreement which specifies the duties of each 21 |
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| 41 | 41 | | county shall contain the following: 22 |
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| 42 | 42 | | (1) The name of the district; 23 |
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| 43 | 43 | | (2) The names of the counties within the district; 24 |
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| 44 | 44 | | (3) The formula for calculating each county's 25 |
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| 45 | 45 | | contribution to the costs of the d istrict; 26 |
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| 46 | 46 | | (4) The types of prisoners which the regional jail may 27 |
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| 47 | 47 | | house, limited to prisoners which may be transferred to 28 |
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| 48 | 48 | | counties under state law; 29 |
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| 49 | 49 | | (5) The methods and powers which may be used for 30 |
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| 50 | 50 | | constructing, leasing or financing a regional jail; 31 |
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| 51 | 51 | | (6) The duties of the director of the regional jail; 32 |
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| 52 | 52 | | (7) The timing and procedures for approval of the 33 |
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| 53 | 53 | | regional jail district's annual budget by the regional jail 34 |
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| 54 | 54 | | commission; and 35 |
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| 55 | 55 | | (8) The delegation, if any, by the member counties to 36 |
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| 56 | 56 | | the regional jail district of the power of eminent domain. 37 |
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| 57 | 57 | | 5. Any county, city, town or village may contract with 38 |
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| 58 | 58 | | a regional jail commission for the holding of its prisoners. 39 |
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| 59 | 59 | | 221.402. In addition to the powers granted to the 1 |
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| 60 | 60 | | district by its member counties under the agreement, the 2 |
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| 61 | 61 | | district has all the powers necessary or appropriate to 3 |
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| 62 | 62 | | carry out its purposes, including, but not limited to, the 4 |
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| 63 | 63 | | following: 5 |
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| 64 | 64 | | (1) To adopt bylaws and rules for the regulation of 6 |
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| 65 | 65 | | its affairs and the conduct of its business; 7 |
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| 66 | 66 | | (2) To adopt an official seal; 8 SB 15 3 |
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| 67 | 67 | | (3) To maintain an office at such place or places in 9 |
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| 68 | 68 | | one or more of the member counties as the commission may 10 |
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| 69 | 69 | | designate; 11 |
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| 70 | 70 | | (4) To sue and be sued; 12 |
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| 71 | 71 | | (5) To make and execute leases, contracts, releases, 13 |
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| 72 | 72 | | compromises and other instruments necessary or convenient 14 |
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| 73 | 73 | | for the exercise of its powers or to carry out its purposes; 15 |
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| 74 | 74 | | (6) To acquire, construct, reconstruct, repair, alter, 16 |
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| 75 | 75 | | improve, [and] equip, extend, and maintain jail facilities; 17 |
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| 76 | 76 | | (7) To sell, lease, assign, mortgage, grant a security 18 |
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| 77 | 77 | | interest in, exchange, donate and convey any or all of its 19 |
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| 78 | 78 | | properties whenever the commission finds such action to be 20 |
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| 79 | 79 | | in furtherance of the district's purposes; 21 |
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| 80 | 80 | | (8) To collect rentals, fees and other charges in 22 |
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| 81 | 81 | | connection with its services or for the use of any 23 |
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| 82 | 82 | | facilities; 24 |
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| 83 | 83 | | (9) To issue its bonds, notes or other obligations for 25 |
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| 84 | 84 | | any of its corporate purposes and to refund the same. 26 |
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| 85 | 85 | | 221.405. 1. Any regional jail district created 1 |
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| 86 | 86 | | pursuant to section 221.400 shall be governed by a 2 |
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| 87 | 87 | | commission. The commission shall be composed of the sheriff 3 |
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| 88 | 88 | | and presiding commissioner from each county within the 4 |
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| 89 | 89 | | district. 5 |
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| 90 | 90 | | 2. Each commissioner shall ser ve during his tenure as 6 |
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| 91 | 91 | | sheriff or as presiding commissioner. 7 |
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| 92 | 92 | | 3. Commissioners shall serve until their successors in 8 |
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| 93 | 93 | | their county offices have [been duly appointed] assumed 9 |
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| 94 | 94 | | office. Vacancies on the commission shall be filled by the 10 |
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| 95 | 95 | | succeeding sheriff or presiding commissioner for the 11 |
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| 96 | 96 | | remainder of the term. 12 |
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| 97 | 97 | | 4. Commissioners shall serve without compensation, 13 |
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| 98 | 98 | | except that they shall be reimbursed by the district for 14 SB 15 4 |
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| 99 | 99 | | their reasonable and necessary expenses in the performance 15 |
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| 100 | 100 | | of their duties. 16 |
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| 101 | 101 | | 5. A jail commissioner from each county in the 17 |
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| 102 | 102 | | district shall present a proposed budget to the county 18 |
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| 103 | 103 | | commission. 19 |
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| 104 | 104 | | 221.407. 1. The commission of any regional jail 1 |
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| 105 | 105 | | district may impose, by order, a sales tax in the amount of 2 |
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| 106 | 106 | | [one-eighth of] up to one percent[, one-fourth of one 3 |
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| 107 | 107 | | percent, three-eighths of one percent, or one -half of one 4 |
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| 108 | 108 | | percent] on all retail sales made in such region which are 5 |
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| 109 | 109 | | subject to taxation pursuant to the provisions of sections 6 |
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| 110 | 110 | | 144.010 to 144.525 for t he purpose of providing jail 7 |
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| 111 | 111 | | services [and court] facilities and equipment for such 8 |
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| 112 | 112 | | region. The tax authorized by this section shall be in 9 |
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| 113 | 113 | | addition to any and all other sales taxes allowed by law, 10 |
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| 114 | 114 | | except that no order imposing a sales tax pursuant to this 11 |
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| 115 | 115 | | section shall be effective unless the commission submits to 12 |
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| 116 | 116 | | the voters of the district, on any election date authorized 13 |
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| 117 | 117 | | in chapter 115, a proposal to authorize the commission to 14 |
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| 118 | 118 | | impose a tax. 15 |
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| 119 | 119 | | 2. The ballot of submission shall contain, but ne ed 16 |
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| 120 | 120 | | not be limited to, the following language: 17 |
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| 121 | 121 | | 18 |
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| 122 | 122 | | 19 |
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| 123 | 123 | | 20 |
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| 124 | 124 | | 21 |
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| 125 | 125 | | 22 |
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| 126 | 126 | | Shall ____________ (District name) the regional |
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| 127 | 127 | | jail district [of ______ (counties' names) ] impose |
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| 128 | 128 | | a region-wide sales tax of ______ (insert amount) |
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| 129 | 129 | | for the purpose of providing jail services [and |
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| 130 | 130 | | court], facilities, and equipment for the region? |
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| 131 | 131 | | |
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| 132 | 132 | | 23 □ YES □ NO |
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| 133 | 133 | | 24 |
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| 134 | 134 | | 25 |
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| 135 | 135 | | 26 |
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| 136 | 136 | | 27 |
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| 137 | 137 | | If you are in favor of the question, place an "X" |
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| 138 | 138 | | in the box opposite "YES". If you are opposed to |
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| 139 | 139 | | the question, place an "X" in the box opposite |
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| 140 | 140 | | "NO". |
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| 141 | 141 | | SB 15 5 |
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| 142 | 142 | | If a majority of the votes cast on the proposal by the 28 |
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| 143 | 143 | | qualified voters of the dist rict voting thereon are in favor 29 |
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| 144 | 144 | | of the proposal, then the order and any amendment to such 30 |
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| 145 | 145 | | order shall be in effect on the first day of the second 31 |
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| 146 | 146 | | quarter immediately following the election approving the 32 |
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| 147 | 147 | | proposal. If the proposal receives less than th e required 33 |
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| 148 | 148 | | majority, the commission shall have no power to impose the 34 |
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| 149 | 149 | | sales tax authorized pursuant to this section unless and 35 |
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| 150 | 150 | | until the commission shall again have submitted another 36 |
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| 151 | 151 | | proposal to authorize the commission to impose the sales tax 37 |
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| 152 | 152 | | authorized by this section and such proposal is approved by 38 |
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| 153 | 153 | | the [required] majority of the qualified voters of the 39 |
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| 154 | 154 | | district voting on such proposal [; however, in no event 40 |
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| 155 | 155 | | shall a proposal pursuant to this section be submitted to 41 |
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| 156 | 156 | | the voters sooner than twelve months from the date of the 42 |
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| 157 | 157 | | last submission of a proposal pursuant to this section ]. 43 |
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| 158 | 158 | | 3. In the case of a county attempting to join an 44 |
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| 159 | 159 | | existing district that levies a sales tax pursuant to 45 |
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| 160 | 160 | | subsection 1 of this section, such joining with the distric t 46 |
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| 161 | 161 | | shall not become effective until the approval of the voters 47 |
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| 162 | 162 | | to levy the district sales tax in the county attempting to 48 |
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| 163 | 163 | | join the district has been obtained. The election shall be 49 |
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| 164 | 164 | | called by the county commission of the county attempting to 50 |
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| 165 | 165 | | join the district, and the district shall by ordinance or 51 |
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| 166 | 166 | | order provide that the sales tax shall be levied in the 52 |
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| 167 | 167 | | joining county, subject to approval of the county voters as 53 |
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| 168 | 168 | | herein provided. The ballot of submission shall contain, 54 |
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| 169 | 169 | | but need not be limited to, th e following language: 55 |
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| 170 | 170 | | 56 |
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| 171 | 171 | | 57 |
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| 172 | 172 | | 58 |
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| 173 | 173 | | Shall the __________ (District name) extend its |
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| 174 | 174 | | regional jail district sales tax __________ |
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| 175 | 175 | | (insert amount) to the boundaries of __________ |
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| 176 | 176 | | SB 15 6 |
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| 177 | 177 | | If a majority of the votes cast on the proposal by the 67 |
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| 178 | 178 | | qualified voters of the county attempting to join the 68 |
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| 179 | 179 | | district voting thereon are in favor of the proposal, then 69 |
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| 180 | 180 | | the tax shall be in effect on the first day of the second 70 |
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| 181 | 181 | | quarter immediately following the election approving the 71 |
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| 182 | 182 | | proposal, the county shall have been deemed to have joined 72 |
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| 183 | 183 | | the district pursuant to a rewritten agreement as provided 73 |
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| 184 | 184 | | in subsection 3 of section 221.400, and the order of the 74 |
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| 185 | 185 | | commission levying the tax s hall also become effective as to 75 |
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| 186 | 186 | | the joining county on said date. If the proposal receives 76 |
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| 187 | 187 | | less than the required majority, the district shall have no 77 |
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| 188 | 188 | | power to impose the sales tax authorized pursuant to this 78 |
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| 189 | 189 | | section, and the county attempting to join the district 79 |
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| 190 | 190 | | shall not be permitted to do so, unless and until the county 80 |
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| 191 | 191 | | commission of the county attempting to join the district 81 |
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| 192 | 192 | | shall again have submitted another proposal to authorize the 82 |
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| 193 | 193 | | imposition of the sales tax authorized by this section and 83 |
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| 194 | 194 | | such proposal is approved by the majority of the qualified 84 |
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| 195 | 195 | | voters of the county attempting to join the district voting 85 |
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| 196 | 196 | | on such proposal. 86 |
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| 197 | 197 | | 4. All revenue received by a district from the tax 87 |
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| 198 | 198 | | authorized pursuant to this section shall be deposited in a 88 |
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| 199 | 199 | | special trust fund and shall be used solely for providing 89 |
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| 200 | 200 | | 59 |
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| 201 | 201 | | 60 |
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| 202 | 202 | | 61 |
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| 203 | 203 | | (name of joining county) for the purpose of |
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| 204 | 204 | | providing jail services, facilities, and equipment |
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| 205 | 205 | | for the region? |
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| 206 | 206 | | 62 □ YES □ NO |
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| 207 | 207 | | 63 |
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| 208 | 208 | | 64 |
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| 209 | 209 | | 65 |
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| 210 | 210 | | 66 |
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| 211 | 211 | | If you are in favor of the question, place an "X" |
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| 212 | 212 | | in the box opposite "YES". If you are opposed to |
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| 213 | 213 | | the question, place an "X" in the box opposite |
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| 214 | 214 | | "NO". |
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| 215 | 215 | | SB 15 7 |
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| 216 | 216 | | jail services and court facilities and equipment for such 90 |
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| 217 | 217 | | district for so long as the tax shall remain in effect. 91 |
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| 218 | 218 | | [4.] 5. Once the tax authorized by this section is 92 |
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| 219 | 219 | | abolished or terminat ed by any means, all funds remaining in 93 |
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| 220 | 220 | | the special trust fund shall be used solely for providing 94 |
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| 221 | 221 | | jail services and court facilities and equipment for the 95 |
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| 222 | 222 | | district. Any funds in such special trust fund which are 96 |
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| 223 | 223 | | not needed for current expenditures may be invested by the 97 |
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| 224 | 224 | | commission in accordance with applicable laws relating to 98 |
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| 225 | 225 | | the investment of other county funds. 99 |
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| 226 | 226 | | [5.] 6. All sales taxes collected by the director of 100 |
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| 227 | 227 | | revenue pursuant to this section on behalf of any district, 101 |
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| 228 | 228 | | less one percent for cost of collection which shall be 102 |
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| 229 | 229 | | deposited in the state's general revenue fund after payment 103 |
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| 230 | 230 | | of premiums for surety bonds as provided in section 32.087, 104 |
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| 231 | 231 | | shall be deposited in a special trust fund, which is hereby 105 |
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| 232 | 232 | | created, to be known as the "Regio nal Jail District Sales 106 |
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| 233 | 233 | | Tax Trust Fund". The moneys in the regional jail district 107 |
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| 234 | 234 | | sales tax trust fund shall not be deemed to be state funds 108 |
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| 235 | 235 | | and shall not be commingled with any funds of the state. 109 |
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| 236 | 236 | | The director of revenue shall keep accurate records of the 110 |
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| 237 | 237 | | amount of money in the trust fund which was collected in 111 |
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| 238 | 238 | | each district imposing a sales tax pursuant to this section, 112 |
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| 239 | 239 | | and the records shall be open to the inspection of officers 113 |
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| 240 | 240 | | of each member county and the public. Not later than the 114 |
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| 241 | 241 | | tenth day of each month the director of revenue shall 115 |
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| 242 | 242 | | distribute all moneys deposited in the trust fund during the 116 |
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| 243 | 243 | | preceding month to the district which levied the tax. Such 117 |
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| 244 | 244 | | funds shall be deposited with the treasurer of each such 118 |
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| 245 | 245 | | district, and all expenditur es of funds arising from the 119 |
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| 246 | 246 | | regional jail district sales tax trust fund shall be paid 120 |
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| 247 | 247 | | pursuant to an appropriation adopted by the commission and 121 SB 15 8 |
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| 248 | 248 | | shall be approved by the commission. Expenditures may be 122 |
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| 249 | 249 | | made from the fund for any [function authorized in the order 123 |
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| 250 | 250 | | adopted by the commission submitting the regional jail 124 |
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| 251 | 251 | | district tax to the voters ] of the district's authorized 125 |
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| 252 | 252 | | purposes. 126 |
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| 253 | 253 | | [6.] 7. The director of revenue may make refunds from 127 |
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| 254 | 254 | | the amounts in the trust fund and credited to any distric t 128 |
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| 255 | 255 | | for erroneous payments and overpayments made, and may redeem 129 |
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| 256 | 256 | | dishonored checks and drafts deposited to the credit of such 130 |
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| 257 | 257 | | districts. If any district abolishes the tax, the 131 |
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| 258 | 258 | | commission shall notify the director of revenue of the 132 |
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| 259 | 259 | | action at least ninet y days prior to the effective date of 133 |
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| 260 | 260 | | the repeal, and the director of revenue may order retention 134 |
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| 261 | 261 | | in the trust fund, for a period of one year, of two percent 135 |
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| 262 | 262 | | of the amount collected after receipt of such notice to 136 |
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| 263 | 263 | | cover possible refunds or overpayment of the tax and to 137 |
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| 264 | 264 | | redeem dishonored checks and drafts deposited to the credit 138 |
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| 265 | 265 | | of such accounts. After one year has elapsed after the 139 |
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| 266 | 266 | | effective date of abolition of the tax in such district, the 140 |
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| 267 | 267 | | director of revenue shall remit the balance in the accoun t 141 |
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| 268 | 268 | | to the district and close the account of that district. The 142 |
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| 269 | 269 | | director of revenue shall notify each district in each 143 |
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| 270 | 270 | | instance of any amount refunded or any check redeemed from 144 |
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| 271 | 271 | | receipts due the district. 145 |
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| 272 | 272 | | [7.] 8. Except as provided in this section , all 146 |
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| 273 | 273 | | provisions of sections 32.085 and 32.087 shall apply to the 147 |
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| 274 | 274 | | tax imposed pursuant to this section. 148 |
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| 275 | 275 | | [8. The provisions of this section shall expire 149 |
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| 276 | 276 | | September 30, 2028.] 150 |
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| 277 | 277 | | 221.410. Except as provided in sections 221.400 to 1 |
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| 278 | 278 | | 221.420 the regional jail commission shall have the 2 |
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| 279 | 279 | | following powers and duties: 3 SB 15 9 |
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| 280 | 280 | | (1) It shall implement the agreement approved by the 4 |
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| 281 | 281 | | counties within the district under section 221.400; 5 |
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| 282 | 282 | | (2) It shall determine the means to establish a 6 |
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| 283 | 283 | | regional jail for the district; 7 |
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| 284 | 284 | | (3) It shall appoint a director for the regional jail; 8 |
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| 285 | 285 | | (4) It shall determine the initial budget for the 9 |
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| 286 | 286 | | regional jail and shall approve, after a review and a 10 |
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| 287 | 287 | | majority of the commissioners concurring therein, all 11 |
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| 288 | 288 | | subsequent budgets, for which proposals may be submitted by 12 |
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| 289 | 289 | | the director; 13 |
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| 290 | 290 | | (5) It may determine the policies for the housing of 14 |
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| 291 | 291 | | prisoners within the regional jail; 15 |
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| 292 | 292 | | (6) It may buy, lease or sell real or personal 16 |
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| 293 | 293 | | property for the purpose of establ ishing and maintaining a 17 |
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| 294 | 294 | | regional jail, and it may contract with public or private 18 |
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| 295 | 295 | | entities [for the planning and acquisition of a ] to acquire, 19 |
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| 296 | 296 | | construct, reconstruct, repair, alter, improve, equip, and 20 |
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| 297 | 297 | | extend a regional jail; 21 |
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| 298 | 298 | | (7) It may contract with [the department of 22 |
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| 299 | 299 | | corrections and with cities and other counties in this 23 |
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| 300 | 300 | | state] governmental entities, including, without limitation, 24 |
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| 301 | 301 | | agencies and instrumentalities thereof, or private entities 25 |
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| 302 | 302 | | for the housing of prisoners; 26 |
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| 303 | 303 | | (8) It shall approve all positions to be created for 27 |
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| 304 | 304 | | the purpose of administering the regional jail; and 28 |
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| 305 | 305 | | (9) It shall approve a location for the regional jail 29 |
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| 306 | 306 | | which is [generally central to ] within the district. 30 |
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| 307 | 307 | | 550.320. 1. As used in this section, the following 1 |
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| 308 | 308 | | terms shall mean: 2 |
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| 309 | 309 | | (1) "Department", the department of corrections of the 3 |
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| 310 | 310 | | state of Missouri; 4 SB 15 10 |
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| 311 | 311 | | (2) "Jail reimbursement", a daily per diem paid by the 5 |
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| 312 | 312 | | state for the reimbursement of time spent in custody. 6 |
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| 313 | 313 | | 2. Notwithstanding any other provision of law to the 7 |
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| 314 | 314 | | contrary, whenever any person is sentenced to a term of 8 |
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| 315 | 315 | | imprisonment in a correctional center, the department shall 9 |
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| 316 | 316 | | reimburse the county or city not within a county for the 10 |
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| 317 | 317 | | days the person spent in custody at a p er diem cost, subject 11 |
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| 318 | 318 | | to appropriation, but not to exceed thirty -seven dollars and 12 |
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| 319 | 319 | | fifty cents per day per offender. The jail reimbursement 13 |
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| 320 | 320 | | shall be subject to review and approval of the department. 14 |
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| 321 | 321 | | The state shall pay the costs when: 15 |
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| 322 | 322 | | (1) A person is sentenced to a term of imprisonment as 16 |
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| 323 | 323 | | authorized by chapter 558; 17 |
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| 324 | 324 | | (2) A person is sentenced pursuant to section 559.115; 18 |
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| 325 | 325 | | (3) A person has his or her probation or parole 19 |
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| 326 | 326 | | revoked because the offender has, or allegedly has, violated 20 |
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| 327 | 327 | | any condition of the offender's probation or parole, and 21 |
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| 328 | 328 | | such probation or parole is a consequence of a violation of 22 |
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| 329 | 329 | | the law, or the offender is a fugitive from the state or 23 |
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| 330 | 330 | | otherwise held at the request of the department regardless 24 |
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| 331 | 331 | | of whether or not a war rant has been issued; or 25 |
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| 332 | 332 | | (4) A person has a period of detention imposed 26 |
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| 333 | 333 | | pursuant to section 559.026. 27 |
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| 334 | 334 | | 3. When the final determination of any criminal 28 |
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| 335 | 335 | | prosecution shall be such as to render the state liable for 29 |
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| 336 | 336 | | costs under existing laws, it sh all be the duty of the 30 |
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| 337 | 337 | | sheriff to certify to the clerk of the county or the chief 31 |
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| 338 | 338 | | executive officer of the city not within a county the total 32 |
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| 339 | 339 | | number of days any offender who was a party in such case 33 |
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| 340 | 340 | | remained in the jail. It shall then be the duty of t he 34 |
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| 341 | 341 | | county clerk or the chief executive officer of the city not 35 |
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| 342 | 342 | | within the county to submit the total number of days spent 36 SB 15 11 |
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| 343 | 343 | | in custody to the department. The county clerk or chief 37 |
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| 344 | 344 | | executive officer of the city not within the county may 38 |
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| 345 | 345 | | submit claims to the department, no later than two years 39 |
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| 346 | 346 | | from the date the claim became eligible for reimbursement. 40 |
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| 347 | 347 | | 4. The department shall determine if the expenses are 41 |
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| 348 | 348 | | eligible pursuant to the provisions of this chapter and 42 |
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| 349 | 349 | | remit any payment to the county or ci ty not within a county 43 |
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| 350 | 350 | | when the expenses are determined to be eligible. The 44 |
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| 351 | 351 | | department shall establish, by rule, the process for 45 |
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| 352 | 352 | | submission of claims. Any rule or portion of a rule, as 46 |
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| 353 | 353 | | that term is defined in section 536.010, that is created 47 |
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| 354 | 354 | | under the authority delegated in this section shall become 48 |
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| 355 | 355 | | effective only if it complies with and is subject to all of 49 |
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| 356 | 356 | | the provisions of chapter 536 and, if applicable, section 50 |
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| 357 | 357 | | 536.028. This section and chapter 536 are nonseverable and 51 |
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| 358 | 358 | | if any of the powers v ested with the general assembly 52 |
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| 359 | 359 | | pursuant to chapter 536 to review, to delay the effective 53 |
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| 360 | 360 | | date, or to disapprove and annul a rule are subsequently 54 |
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| 361 | 361 | | held unconstitutional, then the grant of rulemaking 55 |
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| 362 | 362 | | authority and any rule proposed or adopted after Augu st 28, 56 |
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| 363 | 363 | | 2025, shall be invalid and void. 57 |
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| 364 | 364 | | [221.105. 1. The governing body of any 1 |
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| 365 | 365 | | county and of any city not within a county shall 2 |
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| 366 | 366 | | fix the amount to be expended for the cost of 3 |
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| 367 | 367 | | incarceration of prisoners confined in jails or 4 |
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| 368 | 368 | | medium security institutions. The per diem cost 5 |
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| 369 | 369 | | of incarceration of these prisoners chargeable 6 |
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| 370 | 370 | | by the law to the state shall be determined, 7 |
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| 371 | 371 | | subject to the review and approval of the 8 |
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| 372 | 372 | | department of corrections. 9 |
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| 373 | 373 | | 2. When the final determination of any 10 |
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| 374 | 374 | | criminal prosecution shall be such as to render 11 |
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| 375 | 375 | | the state liable for costs under existing laws, 12 |
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| 376 | 376 | | it shall be the duty of the sheriff to certify 13 |
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| 377 | 377 | | to the clerk of the circuit court or court of 14 |
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| 378 | 378 | | common pleas in which the case was determined 15 SB 15 12 |
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| 379 | 379 | | the total number of days any prisoner who was a 16 |
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| 380 | 380 | | party in such case remained in the county jail. 17 |
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| 381 | 381 | | It shall be the duty of the county commission to 18 |
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| 382 | 382 | | supply the cost per diem for county prisons to 19 |
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| 383 | 383 | | the clerk of the circuit court on the first day 20 |
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| 384 | 384 | | of each year, and thereafter w henever the amount 21 |
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| 385 | 385 | | may be changed. It shall then be the duty of 22 |
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| 386 | 386 | | the clerk of the court in which the case was 23 |
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| 387 | 387 | | determined to include in the bill of cost 24 |
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| 388 | 388 | | against the state all fees which are properly 25 |
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| 389 | 389 | | chargeable to the state. In any city not within 26 |
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| 390 | 390 | | a county it shall be the duty of the 27 |
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| 391 | 391 | | superintendent of any facility boarding 28 |
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| 392 | 392 | | prisoners to certify to the chief executive 29 |
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| 393 | 393 | | officer of such city not within a county the 30 |
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| 394 | 394 | | total number of days any prisoner who was a 31 |
|---|
| 395 | 395 | | party in such case remained in such facility . 32 |
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| 396 | 396 | | It shall be the duty of the superintendents of 33 |
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| 397 | 397 | | such facilities to supply the cost per diem to 34 |
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| 398 | 398 | | the chief executive officer on the first day of 35 |
|---|
| 399 | 399 | | each year, and thereafter whenever the amount 36 |
|---|
| 400 | 400 | | may be changed. It shall be the duty of the 37 |
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| 401 | 401 | | chief executive officer to bill the state all 38 |
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| 402 | 402 | | fees for boarding such prisoners which are 39 |
|---|
| 403 | 403 | | properly chargeable to the state. The chief 40 |
|---|
| 404 | 404 | | executive may by notification to the department 41 |
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| 405 | 405 | | of corrections delegate such responsibility to 42 |
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| 406 | 406 | | another duly sworn official of such city not 43 |
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| 407 | 407 | | within a county. The clerk of the court of any 44 |
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| 408 | 408 | | city not within a county shall not include such 45 |
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| 409 | 409 | | fees in the bill of costs chargeable to the 46 |
|---|
| 410 | 410 | | state. The department of corrections shall 47 |
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| 411 | 411 | | revise its criminal cost manual in accordance 48 |
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| 412 | 412 | | with this provision. 49 |
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| 413 | 413 | | 3. Except as provided under subsection 6 50 |
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| 414 | 414 | | of section 217.718, the actual costs chargeable 51 |
|---|
| 415 | 415 | | to the state, including those incurred for a 52 |
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| 416 | 416 | | prisoner who is incarcerated in the county jail 53 |
|---|
| 417 | 417 | | because the prisoner's parole or probation has 54 |
|---|
| 418 | 418 | | been revoked or because the prisoner has, or 55 |
|---|
| 419 | 419 | | allegedly has, violated any condition of the 56 |
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| 420 | 420 | | prisoner's parole or probation, and such parole 57 |
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| 421 | 421 | | or probation is a consequence of a violation of 58 |
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| 422 | 422 | | a state statute, or the prisoner is a fugitive 59 SB 15 13 |
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| 423 | 423 | | from the Missouri depart ment of corrections or 60 |
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| 424 | 424 | | otherwise held at the request of the Missouri 61 |
|---|
| 425 | 425 | | department of corrections regardless of whether 62 |
|---|
| 426 | 426 | | or not a warrant has been issued shall be the 63 |
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| 427 | 427 | | actual cost of incarceration not to exceed: 64 |
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| 428 | 428 | | (1) Until July 1, 1996, seventeen dolla rs 65 |
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| 429 | 429 | | per day per prisoner; 66 |
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| 430 | 430 | | (2) On and after July 1, 1996, twenty 67 |
|---|
| 431 | 431 | | dollars per day per prisoner; 68 |
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| 432 | 432 | | (3) On and after July 1, 1997, up to 69 |
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| 433 | 433 | | thirty-seven dollars and fifty cents per day per 70 |
|---|
| 434 | 434 | | prisoner, subject to appropriations. 71 |
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| 435 | 435 | | 4. The presiding judge of a judicial 72 |
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| 436 | 436 | | circuit may propose expenses to be reimbursable 73 |
|---|
| 437 | 437 | | by the state on behalf of one or more of the 74 |
|---|
| 438 | 438 | | counties in that circuit. Proposed reimbursable 75 |
|---|
| 439 | 439 | | expenses may include pretrial assessment and 76 |
|---|
| 440 | 440 | | supervision strategies for defendants who are 77 |
|---|
| 441 | 441 | | ultimately eligible for state incarceration. A 78 |
|---|
| 442 | 442 | | county may not receive more than its share of 79 |
|---|
| 443 | 443 | | the amount appropriated in the previous fiscal 80 |
|---|
| 444 | 444 | | year, inclusive of expenses proposed by the 81 |
|---|
| 445 | 445 | | presiding judge. Any county shall convey such 82 |
|---|
| 446 | 446 | | proposal to the department, and any such 83 |
|---|
| 447 | 447 | | proposal presented by a presiding judge shall 84 |
|---|
| 448 | 448 | | include the documented agreement with the 85 |
|---|
| 449 | 449 | | proposal by the county governing body, 86 |
|---|
| 450 | 450 | | prosecuting attorney, at least one associate 87 |
|---|
| 451 | 451 | | circuit judge, and the officer of the county 88 |
|---|
| 452 | 452 | | responsible for custody or incarceration of 89 |
|---|
| 453 | 453 | | prisoners of the county represented in the 90 |
|---|
| 454 | 454 | | proposal. Any county that declines to convey a 91 |
|---|
| 455 | 455 | | proposal to the department, pursuant to the 92 |
|---|
| 456 | 456 | | provisions of this subsection, shall receive its 93 |
|---|
| 457 | 457 | | per diem cost of incarceration f or all prisoners 94 |
|---|
| 458 | 458 | | chargeable to the state in accordance with the 95 |
|---|
| 459 | 459 | | provisions of subsections 1, 2, and 3 of this 96 |
|---|
| 460 | 460 | | section.] 97 |
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| 461 | 461 | | Section B. Because of the immediate need for new and 1 |
|---|
| 462 | 462 | | enhanced jail facilities in the state of Missouri, the 2 |
|---|
| 463 | 463 | | repeal and reenactment of sections 221.400, 221.402, 3 |
|---|
| 464 | 464 | | 221.405, 221.407, and 221.410 of this act is deemed 4 SB 15 14 |
|---|
| 465 | 465 | | necessary for the immediate preservation of the public 5 |
|---|
| 466 | 466 | | health, welfare, peace, and safety, and is hereby declared 6 |
|---|
| 467 | 467 | | to be an emergency act within the me aning of the 7 |
|---|
| 468 | 468 | | constitution, and the repeal and reenactment of sections 8 |
|---|
| 469 | 469 | | 221.400, 221.402, 221.405, 221.407, and 221.410 of this act 9 |
|---|
| 470 | 470 | | shall be in full force and effect upon its passage and 10 |
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| 471 | 471 | | approval. 11 |
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| 472 | 472 | | |
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