Fiscal Note - SB 0363 - Powers of the County Recreational Lake Authority in Bollinger and Cape Girardeau Counties
L.R. NO. 0735-02
BILL NO. SB 363
SUBJECT: Water Resources and Water Districts
TYPE: Original
DATE: February 21, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 $0 $0
FISCAL ANALYSIS
ASSUMPTION
Officials of the Department of Natural Resources (DNR) assume no fiscal
impact.
Officials of the Department of Revenue (DOR) assume no fiscal impact.
Officials stated if this proposal would generate fiscal impact it would be
minimal and would be handled with existing resources.
Officials of the Missouri Department of Conservation (MDC) assume no fiscal
impact.
Oversight assumes this proposal revises the County Recreational System Act,
and assumes no fiscal impact to the recreational authority or affected
counties.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
0 0 0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
0 0 0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of
this proposal.
DESCRIPTION
This act revises the county recreational system act. Existing law would be
changed as follows: A new section would allow voters to petition the county
commission to impose a tax to fund the Authority. The number of signatures
required would be 10% of those voting in the most recent gubernatorial race.
Adds a provision that any sales tax imposed for this purpose could be
terminated by the County Commission by order, if the tax is sufficient to
satisfy the Authority's financial obligation. Currently, the tax expires
twenty-five years from its effective date, unless a ten year extension is
approved by the voters.
Changes the number of Authority members from nine to ten, the final member
being selected by the lake landowner's association.
Currently, the Authority can exercise the power of eminent domain for up to
300 feet from the maximum flood level under current law. This provision is
revised to give the Authority responsibility to negotiate a fair purchase of
the land by use of various incentives. If unsuccessful, the Authority is
allowed to exercise the power of eminent domain for 50 feet beyond the
erosion control line, defined as that point which is 3 feet above the normal
pool level. Exceptions are made for specific water-related facilities.
Provides for the creation of a separate planning and zoning board created by
the Authority, which would have zoning power limited to an area within two
thousand feet of the conservation storage area. The initial zoning must
reflect current land use and cannot be changed for any particular piece of
property, unless requested, for as long as that property is held by the
current owners and their heirs.
Allows private pedestrian access to the recreational lake for adjacent
landowners. All structures within the Authority's ownership are subject to
zoning.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Department of Natural Resources
Department of Revenue
Missouri Department of Conservation
NOT RESPONDING: The County Commissions of: Bollinger and Cape Girardeau