FIRST REGULAR SESSION
HOUSE BILL NO. 621
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES GRATZ AND VOGEL (Co-sponsors).
Read 1st time February 1, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To amend chapter 217, RSMo, relating to the department of corrections by adding thereto one new section creating the Missouri state penitentiary redevelopment commission.
Section A. Chapter 217, RSMo, is amended by adding thereto one new section, to be known as section 217.900, to read as follows:
217.900. 1. There is hereby established the "Missouri State Penitentiary Redevelopment Commission".
2. The commission shall consist of ten commissioners who shall be qualified voters of the state of Missouri. Three commissioners, no more than two of whom shall belong to the same political party, shall be residents of Jefferson City and shall be appointed by the mayor of that city; three commissioners, no more than two of whom shall belong to the same political party, shall be residents of Cole County but not of Jefferson City and shall be appointed by the county commission; and four commissioners, no more than three of whom shall belong to the same political party, none of whom shall be residents of Cole County or of Jefferson City, shall be appointed by the governor with the advice and consent of the senate. The governor shall appoint one of the commissioners who is not a resident of Cole County or Jefferson City to be the chair of the commission. No elective or appointed official of the state of Missouri or of any city or county in this state shall be appointed to the commission.
3. The commissioners shall serve for terms of three years, except that the first person appointed by each the mayor, the county commission and the governor shall serve for two years and the second person appointed by the governor shall serve for four years. Each commissioner shall hold office until a successor has been appointed and qualified. In the event a vacancy exists or in the event a commissioner's term expires, a successor commissioner shall be appointed by whomever appointed the commissioner who initially held the vacant positions and if no person is so selected within sixty days of the creation of the vacancy, the unexpired term of such commissioner may be filled by a majority vote of the remainder of the commissioners, provided such successor commissioner shall meet the requirements set forth by this section. Pending any such appointment to fill any vacancy, the remaining commissioners may conduct commission business. Commissioners shall serve without compensation but shall be entitled to reimbursement from the Missouri state penitentiary redevelopment commission fund established in subsection 7 of this section for expenses incurred in conducting the commission's business.
4. The commission shall have the following powers:
(1) To acquire title to the property historically utilized as the Missouri state penitentiary and to acquire by gift, bequest, purchase, lease or sublease from public or private sources property adjacent thereto and necessary or appropriate to the successful redevelopment of the Missouri state penitentiary property;
(2) To lease or sell real property to developers who will utilize the property consistent with the master plan for the property;
(3) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(4) To hire employees necessary to perform the commission's work;
(5) To contract and to be contracted with, including, but without limitation, the authority to enter into contracts with cities, counties and other political subdivisions, agencies of the state of Missouri and public agencies pursuant to sections 70.210 to 70.325, RSMo, and otherwise, and to enter into contracts with other entities, in connection with the acquisition by gift, bequest, purchase, lease or sublease and in connection with the planning, construction, financing, leasing, subleasing, operation and maintenance of any real property or facility and for any other lawful purpose, and to sue and to be sued;
(6) To receive for its lawful activities any rentals, proceeds from the sale of real estate, contributions or moneys appropriated or otherwise designated for payment to the authority by municipalities, counties, state or other political subdivisions or public agencies or by the federal government or any agency or officer thereof or from any other sources and to apply for grants and other funding;
(7) To disburse funds for its lawful activities and fix salaries and wages of its employees;
(8) To invest any of the commission's funds in such types of investments as shall be determined by a resolution adopted by the commission;
(9) To borrow money for the acquisition, construction, equipping, operation, maintenance, repair, remediation or improvement of any facility or real property to which the commission holds title and for any other proper purpose, and to issue negotiable notes, bonds and other instruments in writing as evidence of sums borrowed;
(10) To perform all other necessary and incidental functions, and to exercise such additional powers as shall be conferred by the general assembly; and
(11) To purchase insurance, including self-insurance, of any property or operations of the commission or its members, directors, officers and employees, against any risk or hazard, and to indemnify its members, agents, independent contractors, directors, officers and employees against any risk or hazard.
5. In no event shall the state be liable for any deficiency or indebtedness incurred by the commission.
6. The income of the commission and all properties any time owned by the authority shall be exempt from all taxation in the state of Missouri.
7. There is hereby created in the state treasury the "Missouri State Penitentiary Redevelopment Commission Fund", which shall consist of money collected pursuant to this section. The fund shall be administered by the Missouri state penitentiary redevelopment commission. Money in the fund shall be used solely for the purposes of the Missouri state penitentiary redevelopment commission.
8. Notwithstanding the provisions of section 33.080, RSMo, no portion of the fund shall be transferred to the
general revenue fund, and any appropriation made to the fund shall not lapse. The state treasurer shall invest
moneys in the fund in the same manner as other funds are invested. Interest and moneys earned on such
investments shall be credited to the fund.
Missouri House of Representatives