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. 772 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR MOON. |
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8 | 8 | | 1053S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | AN ACT |
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10 | 10 | | To repeal sections 12.010, 12.025, 12.027, 12.030, 12.050, and 95.525, RSMo, and to enact in lieu |
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11 | 11 | | thereof four new sections relating to the acquisition of land by the United States |
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12 | 12 | | government. |
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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 12.010, 12.025, 12.027, 12.030, 1 |
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16 | 16 | | 12.050, and 95.525, RSMo, are repealed and four new sections 2 |
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17 | 17 | | enacted in lieu thereof, to be known as sections 12.010, 12.025, 3 |
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18 | 18 | | 12.030, and 12.050, to read as follows:4 |
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19 | 19 | | 12.010. [The] Any consent of the state of Missouri 1 |
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20 | 20 | | [is] given in accordance with the seventeenth clause, eighth 2 |
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21 | 21 | | Section of the first Article of the Constitution of the 3 |
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22 | 22 | | United States to the acquisition by the United States by 4 |
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23 | 23 | | purchase or grant of any land or other real estate in this 5 |
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24 | 24 | | state acquired for the purpose of [establishing and 6 |
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25 | 25 | | maintaining post offices, internal revenue and ot her 7 |
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26 | 26 | | government offices, hospitals, sanatoriums, fish hatcheries, 8 |
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27 | 27 | | and land for reforestation, recreational and agricultural 9 |
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28 | 28 | | uses; but land acquired by eminent domain or condemnation 10 |
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29 | 29 | | for the purpose of reforestation, Native American/Indian 11 |
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30 | 30 | | gaming, recreational or agricultural uses shall only be 12 |
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31 | 31 | | acquired with] erection of forts, magazines, arsenals, dock 13 |
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32 | 32 | | yards, and other needful buildings shall only be by 14 |
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33 | 33 | | statutory authorization of the general assembly on a case-by- 15 |
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34 | 34 | | case basis. Land used exclusively f or the erection of 16 SB 772 2 |
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35 | 35 | | hospitals by the United States may also be acquired by 17 |
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36 | 36 | | condemnation, but only upon case -by-case statutory 18 |
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37 | 37 | | authorization of the general assembly. Whether acquired by 19 |
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38 | 38 | | cessation or condemnation, the state of Missouri saves and 20 |
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39 | 39 | | reserves the right of taxation to the same extent and in the 21 |
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40 | 40 | | same manner as if this cession had not been made . 22 |
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41 | 41 | | 12.025. 1. Jurisdiction concurrent with that of the 1 |
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42 | 42 | | state of Missouri in and over land which is now, or may 2 |
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43 | 43 | | hereafter be, owned and used by the United States as an 3 |
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44 | 44 | | honor farm in connection with the operation of a federal 4 |
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45 | 45 | | penitentiary is hereby ceded to the United States for so 5 |
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46 | 46 | | long as the United States shall own and so use the land. 6 |
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47 | 47 | | 2. Management jurisdiction concurrent wi th that of the 7 |
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48 | 48 | | state of Missouri is hereby ceded to the United States 8 |
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49 | 49 | | within the area comprising the "Ozark National Scenic 9 |
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50 | 50 | | Riverways" for so long as this area is administered and 10 |
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51 | 51 | | maintained by the United States. 11 |
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52 | 52 | | 3. Provided that no part of this section shall apply 12 |
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53 | 53 | | to the White River watershed. 13 |
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54 | 54 | | 4. Provided further that no part of this section shall 14 |
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55 | 55 | | apply to the Osage and St. Francois River watersheds. 15 |
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56 | 56 | | 12.030. [The] Any consent of the state of Missouri 1 |
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57 | 57 | | [is] given[,] in accordance with the seventeenth clause, 2 |
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58 | 58 | | eighth Section of the first Article of the Constitution of 3 |
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59 | 59 | | the United States, to the acquisition by the United States 4 |
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60 | 60 | | by purchase, condemnation, or otherwise, of any land in this 5 |
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61 | 61 | | state as sites for customhouses, courthouses, post offices, 6 |
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62 | 62 | | arsenals, forts and other needful buildings required for 7 |
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63 | 63 | | military purposes shall be by case-by-case statutory 8 |
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64 | 64 | | authorization of the general assembly . 9 |
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65 | 65 | | 12.050. [Consent of the state of Missouri is given to 1 |
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66 | 66 | | the acquisition] Land or water acquired by the United States 2 SB 772 3 |
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67 | 67 | | by purchase, gift, devise or lease of such areas of land or 3 |
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68 | 68 | | water, or of land and water in Missouri [as the United 4 |
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69 | 69 | | States deems necessary ] prior to August 28, 2025, for the 5 |
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70 | 70 | | establishment of mig ratory-bird reservations in accordance 6 |
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71 | 71 | | with the act of Congress approved February 18, 1929, 7 |
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72 | 72 | | entitled "An Act to more effectively meet the obligations of 8 |
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73 | 73 | | the United States under the migratory -bird treaty with Great 9 |
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74 | 74 | | Britain by lessening the dangers threa tening migratory game 10 |
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75 | 75 | | birds from drainage and other causes by the acquisition of 11 |
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76 | 76 | | areas of land and of water to furnish in perpetuity 12 |
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77 | 77 | | reservations for the adequate protection of such birds; and 13 |
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78 | 78 | | authorizing appropriations for the establishment of such 14 |
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79 | 79 | | areas, their maintenance and improvement and for other 15 |
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80 | 80 | | purposes", (16 U.S.C.A. § 715 et seq.) [reserving, however, 16 |
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81 | 81 | | to] shall be subject to the state of Missouri's right of 17 |
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82 | 82 | | taxation to the same extent and in the same manner as if 18 |
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83 | 83 | | this cession had not be en made; and further saving and 19 |
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84 | 84 | | reserving to the state of Missouri the right to serve 20 |
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85 | 85 | | thereon any civil or criminal process issued under the 21 |
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86 | 86 | | authority of the state, in any action on account of rights 22 |
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87 | 87 | | acquired, obligations incurred, or crimes committed in this 23 |
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88 | 88 | | state. The state of Missouri [,] reserves full and complete 24 |
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89 | 89 | | jurisdiction and authority over all such areas not 25 |
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90 | 90 | | incompatible with the administration, maintenance, 26 |
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91 | 91 | | protection and control thereof by the United States under 27 |
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92 | 92 | | the terms of the act of Congress[; but acquisition and the 28 |
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93 | 93 | | operation of any such areas are subject to the approval of 29 |
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94 | 94 | | the state conservation commission ]. 30 |
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95 | 95 | | [12.027. 1. Concurrent legislative 1 |
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96 | 96 | | jurisdiction over crimes and offenses under the 2 |
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97 | 97 | | laws of the state is ceded to the United States 3 |
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98 | 98 | | over and within all the lands and lands acquired 4 SB 772 4 |
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99 | 99 | | after August 28, 1996, dedicated to national 5 |
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100 | 100 | | park purposes in the following tracts: 6 |
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101 | 101 | | (1) The George Washington Carver National 7 |
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102 | 102 | | Monument; 8 |
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103 | 103 | | (2) The Jefferson Nation al Expansion 9 |
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104 | 104 | | Memorial National Historic Site; 10 |
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105 | 105 | | (3) The Wilson's Creek National 11 |
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106 | 106 | | Battlefield; 12 |
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107 | 107 | | (4) The Harry S Truman National Historic 13 |
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108 | 108 | | Site; and 14 |
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109 | 109 | | (5) The Ulysses S. Grant National Historic 15 |
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110 | 110 | | Site. 16 |
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111 | 111 | | 2. The concurrent jurisdiction ceded by 17 |
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112 | 112 | | subsection 1 of this section is vested upon 18 |
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113 | 113 | | acceptance by the United States by and through 19 |
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114 | 114 | | its appropriate officials and shall continue so 20 |
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115 | 115 | | long as the lands within the designated areas 21 |
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116 | 116 | | are dedicated to park purposes. 22 |
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117 | 117 | | 3. The governor is hereby authorized and 23 |
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118 | 118 | | empowered to execute all proper conveyances in 24 |
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119 | 119 | | the cession herein granted, upon request of the 25 |
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120 | 120 | | United States by and through its appropriate 26 |
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121 | 121 | | officials. 27 |
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122 | 122 | | 4. The state of Missouri retains 28 |
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123 | 123 | | concurrent jurisdiction, both civil and 29 |
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124 | 124 | | criminal, with the United States over all lands 30 |
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125 | 125 | | affected by the provisions of this section. ] 31 |
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126 | 126 | | [95.525. The consent of the state of 1 |
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127 | 127 | | Missouri is hereby fully given to the 2 |
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128 | 128 | | acquisition by the United States or any 3 |
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129 | 129 | | qualified authority thereof, by purchase, grant 4 |
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130 | 130 | | or condemnation, of any lands or improvements 5 |
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131 | 131 | | thereon, in any of the cities to which sections 6 |
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132 | 132 | | 95.510 to 95.525 are applicable, for the purpose 7 |
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133 | 133 | | of establishing, improving in any manner, and 8 |
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134 | 134 | | maintaining any national park or plaza of the 9 |
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135 | 135 | | character described. ] 10 |
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136 | 136 | | |
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