CCS/HS/HCS/SCS/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 sales tax of up to 1/2% for the purpose of constructing and operating a regional jail. Ballot language and an effective date for ordinances enacting the sales tax is specified.

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) Sue and be sued;

(c) Execute leases, contracts and compromises;

(d) Construct, repair and extend jail facilities;

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

(f) Issue bonds (Section 221.402);

(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 (Section 221.425);

(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 county's proposed jail district budget (Section 221.405);

(4) 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. A violation of this provision ranges from a Class A misdemeanor to a Class C felony. This provision is the original and only provision from SB 89. (Section 221.111); and

(5) Makes it a Class D felony to knowingly damage or set fire to jail property (Section 221.353 and SB 90).

CERTAIN JAILS: Certain jails may be erected at a place other than the county seat.

CRIMINAL PROCEDURE: Certain crimes, in which a mental state is not prescribed, may be established when evidence exists that the defendant acts purposely or knowingly. A culpable mental state is not required when imputation of such mental state is clearly inconsistent with the purpose of the criminal statute.

The content of this bill is similar to CCS/HS/HCS/SB 218.

JAMES KLAHR