FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
93RD GENERAL ASSEMBLY
Reported from the Committee on Job Creation and Economic Development March 1, 2005, with recommendation that the House Committee Substitute for House Bill No. 348 Do Pass.STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 41, RSMo, by adding thereto three new sections relating to the protection of military facilities and personnel, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 41, RSMo, is amended by adding thereto three new sections, to be known as sections 41.1010, 41.1013, and 41.1016, to read as follows:
41.1010. 1. There is hereby established the "Missouri Military Preparedness and Enhancement Commission". The commission shall have as its purpose the design and implementation of measures intended to protect, retain, and enhance the present and future mission capabilities at the military posts or bases within the state. The commission shall consist of nine members:
(1) Five members to be appointed by the governor;
(2) Two members of the house of representatives, one appointed by the speaker of the house of representatives, and one appointed by the minority floor leader;
(3) Two members of the senate, one appointed by the president pro tempore, and one appointed by the minority floor leader;
(4) The director of the department of economic development or the director’s designee, ex officio.
No more than three of the five members appointed by the governor shall be of the same political party. To be eligible for appointment by the governor, a person shall have demonstrated experience in economic development, the defense industry, military installation operation, environmental issues, finance, local government, or the use of air space for future military missions. Appointed members of the commission shall serve three-year terms, except that of the initial appointments made by the governor, two shall be for one-year terms, two shall be for two-year terms, and one shall be for a three-year term. No appointed member of the commission shall serve more than six years total. A vacancy occurs if a legislative member leaves office for any reason. Any vacancy on the commission shall be filled in the same manner as the original appointment.
2. Members of the commission shall be reimbursed for the actual and necessary expenses incurred in the discharge of the member’s official duties.
3. A chair of the commission shall be selected by the members of the commission.
4. The commission shall meet at least quarterly and at such other times as the chair deems necessary.
5. The commission shall be funded by an appropriation limited to that purpose. Any expenditure constituting more than ten percent of the commission’s annual appropriation shall be based on a competitive bid process.
6. The commission shall:
(1) Advise the governor and the general assembly on military issues and economic and industrial development related to military issues;
(2) Make recommendations regarding:
(a) Developing policies and plans to support the long-term viability and prosperity of the military, active and civilian, in this state, including promoting strategic regional alliances that may extend over state lines;
(b) Developing methods to improve private and public employment opportunities for former members of the military residing in this state; and
(c) Developing methods to assist defense-dependent communities in the design and execution of programs that enhance a community’s relationship with military installations and defense-related businesses;
(3) Provide information to communities, the general assembly, the state’s congressional delegation, and state agencies regarding federal actions affecting military installations and missions;
(4) Serve as a clearinghouse for:
(a) Defense economic adjustment and transition information and activities; and
(b) Information concerning the following:
a. Issues related to the operating costs, missions, and strategic value of federal military installations located in the state;
b. Employment issues for communities that depend on defense bases and in defense-related businesses; and
c. Defense strategies and incentive programs that other states are using to maintain, expand, and attract new defense contractors;
(5) Provide assistance to communities that have experienced a defense-related closure or realignment;
(6) Assist communities in the design and execution of programs that enhance a community’s relationship with military installations and defense-related businesses, including regional alliances that may extend over state lines;
(7) Assist communities in the retention and recruiting of defense-related businesses, including fostering strategic regional alliances that may extend over state lines;
(8) Prepare a biennial strategic plan that:
(a) Fosters the enhancement of military value of the contributions of Missouri military installations to national defense strategies;
(b) Considers all current and anticipated base realignment and closure criteria; and
(c) Develops strategies to protect the state’s existing military missions and positions the state to be competitive for new and expanded military missions;
(9) Encourage economic development in this state by fostering the development of industries related to defense affairs.
7. The commission shall prepare and present an annual report to the governor and the general assembly by December thirty-first of each year.
8. The department of economic development shall furnish administrative support and staff for the effective operation of the commission.
41.1013. 1. Any city of the fourth classification with more than two thousand four hundred but fewer than two thousand five hundred inhabitants and located in any county of the second classification with more than forty-eight thousand two hundred but fewer than forty-eight thousand three hundred inhabitants may by ordinance adopt and enforce regulations governing zoning, planning, subdivision and building within all or any portion of the unincorporated area extending two miles outward from the corporate limits of the city if the city has a zoning commission and a board of adjustment established under sections 89.010 to 89.140, RSMo. When authorized by ordinance, the zoning commission and the board of adjustment of the city shall have the same powers within the unincorporated area as they have within the corporate limits of the city.
2. The ordinances shall not be more, but may be less, restrictive than the ordinances governing zoning, planning, subdivision and building within the corporate limits of the city. If building permits are required by the ordinances, they shall be issued without fee.
3. In the event the county in which the unincorporated area is located shall create a county planning commission and the planning commission shall adopt an official master plan for the unincorporated areas of the county in accordance with the provisions of chapters 64 and 67, RSMo, the authority granted the city under the terms of this section shall terminate.
41.1016. For the purposes of student resident status, military personnel, when stationed within the state under military orders, their spouses, and their unemancipated children under twenty-four years of age who enroll in a Missouri community college, Missouri college, or Missouri state university shall be regarded as holding Missouri resident status.
Section B. Because of the need for the state of Missouri to meet the deadline for military base reorganization, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.