Effective - 28 Aug 1989
70.856. Separate trust funds established for participating counties and cities — credit to funds, share of taxes collected, amount — credit to begin when — adjustment to credits, when — disbursement, how made — unappropriated balance in funds at end of fiscal year, how credited — rents, fees or charges not to be a debt of state, city or county and obligate tax levy. — 1. An amount equal to one-fourth of the rent, fees or other charges payable by each of the state and any participating counties and cities pursuant to any contract, agreement, lease or sublease referred to in section 70.851, subject to the limits provided in such section, shall be credited from the general revenue of each of the state and such participating counties and cities no less frequently than quarterly during each fiscal year to a fund established by each of them in the name of such project.
2. For any contract, agreement, lease or sublease under the authority of this act*, the department of revenue shall establish a separate trust fund for each participating county and city and the department of revenue shall, on a quarterly basis, credit to such funds from the share of the regular and special sales taxes imposed by the participating counties and cities and collected by the department of revenue on behalf of such participating counties and cities, an amount equal to one-fourth of the rent, fees or charges payable by such counties and cities.
3. The credits provided in this section shall commence at the time provided in the contract, agreement, lease or sublease, and the amount of such credit shall be established pursuant to such contract, agreement, lease or sublease. Appropriate adjustments to such credits shall be made annually at the time and in the manner provided in the contract, agreement, lease or sublease based on the final calculation by the office of administration of the new net public fiscal benefit in order to comply with the provisions of section 70.851.
4. Any rents or other fees or charges under any contract, agreement, lease or sublease referred to in section 70.851 pursuant to which the state and any counties or cities are participating in a qualifying project shall be subject to annual appropriation by the state or any county or city and may be paid in such installments as provided therein. Upon receipt by the department of revenue of evidence that any such appropriation has been made by a participating county or city for which the department of revenue holds a trust fund as described above, and if the department of revenue is directed pursuant to the appropriation ordinance to disburse amounts held in such funds for the payment of such rents, fees, or charges, the department of revenue shall make such disbursements, which may be in periodic installments, as directed in such appropriation ordinance. Unappropriated balances of the adjusted amounts remaining at the end of each fiscal year of the state and any participating counties and cities in any fund established pursuant to this section shall be credited to the general revenue of each of the state and such participating counties and cities, as applicable.
5. The rent, fees or charges under any contract, agreement, lease or sublease may be credited and paid from the proceeds of any new or increased taxes that the state or any participating county or city may now or hereafter enact pursuant to law. In the event any such new or increased taxes are enacted by a participating county or city and used for the payment of such rent, fees or charges, the proceeds of such taxes shall be added to the new net public fiscal benefit, calculated pursuant to section 70.853, received by the recipient of such proceeds, in the amount necessary to enable such recipient to pay its rent, fees or charges. In the event any new or increased taxes are enacted by the state for economic development purposes, the proceeds of such taxes shall be added to the new net public fiscal benefit, calculated pursuant to section 70.853, received by the state, in the amount necessary to enable the state to pay its rent, fees or charges. Any such new or increased taxes shall not increase the maximum obligation of the state or any participating county or city pursuant to this act* or pursuant to any contract, agreement, lease or sublease.
6. Any such rents, fees or charges shall not constitute a debt, liability or obligation of the state or any such county or city, or any other political subdivision, within the meaning of any constitutional or statutory provision, and shall not, directly, indirectly or contingently, obligate the state or such county or city, or any other political subdivision, to levy any form of taxation therefor or to make any appropriation for their payment.
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(L. 1989 S.B. 295 & 312 § 30)
*"This act" (S.B. 295 & 312, 1989) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Chapter 70 - Powers of Political Subdivisions to Cooperate or Contract with Governmental Units
Section 70.020 - Petition for election concerning joint proposal.
Section 70.040 - Form of ballot.
Section 70.050 - Certification of election to secretary of state — vote necessary for adoption.
Section 70.070 - Procedure for withdrawal from joint undertaking.
Section 70.080 - Effect of withdrawal or dissolution.
Section 70.090 - Additional counties may join county group — procedure.
Section 70.110 - Compliance with provisions of Surplus Property Act of 1944.
Section 70.130 - County commissions empowered to make agreements with United States.
Section 70.140 - Political subdivisions shall be notified of agreements.
Section 70.150 - County treasurer shall present bill.
Section 70.160 - County treasurer shall disburse money — acceptance construed as approval.
Section 70.170 - Political subdivisions authorized to enter into agreements — when.
Section 70.180 - Amount of payments — how determined.
Section 70.190 - Money received — where deposited.
Section 70.200 - Services to property may not be denied.
Section 70.226 - Local public health agencies considered political subdivision, when, what purpose.
Section 70.230 - Procedure for exercising power.
Section 70.240 - Lands may be acquired — how — by whom.
Section 70.250 - Method of financing.
Section 70.260 - Provisions which may be included in the joint contract.
Section 70.270 - Sovereignty to be retained.
Section 70.280 - Office of facility taken over may be abolished and duties transferred.
Section 70.290 - Immunities and liabilities of officers.
Section 70.300 - Execution of contracts.
Section 70.310 - Disbursement of funds.
Section 70.320 - Suits may be brought in circuit courts.
Section 70.327 - Kansas-Missouri flood prevention and control compact.
Section 70.330 - Power of city over 100,000 inhabitants to contract for certain purposes.
Section 70.340 - Cities may build sewers or levees, how, where.
Section 70.350 - Power to pay.
Section 70.360 - Power given to distribute cost.
Section 70.373 - Additional powers of bi-state agency.
Section 70.375 - Tax status of property and bonds of bi-state agency.
Section 70.377 - Securities as lawful investments.
Section 70.379 - Inclusion of minority and women business enterprises, conditions.
Section 70.380 - Commissioners of bi-state agency, appointment, qualifications.
Section 70.385 - Nominees for appointment selected from panel, procedure, panel members designated.
Section 70.390 - Terms of commissioners.
Section 70.400 - Vacancies filled, how.
Section 70.410 - Commissioners to receive expenses only.
Section 70.420 - Powers and duties of commissioners.
Section 70.421 - Commissioners may meet by telephone — public meeting.
Section 70.422 - Buses, power to purchase and use — lights, color and intensity authorized.
Section 70.427 - Certain sections not to limit collective bargaining agreement.
Section 70.429 - United States Department of Transportation safety rules to apply.
Section 70.501 - Metropolitan culture commission to be special district.
Section 70.503 - Sovereign immunity to apply.
Section 70.505 - Expenses reimbursed.
Section 70.510 - Expiration of compact, when.
Section 70.515 - Regional investment district compact with Kansas and Missouri.
Section 70.520 - Regional investment districts deemed special districts.
Section 70.525 - Sovereign immunity applicable to regional investment district and commissioners.
Section 70.530 - Members of the regional investment district commission reimbursed, when.
Section 70.540 - Regional investment district compact expires, when.
Section 70.610 - Election to become an employer, when effective — who covered.
Section 70.615 - Other plans prohibited, exceptions.
Section 70.620 - Prior plan, effect of — discrimination between employees prohibited.
Section 70.625 - Employees acquired from another subdivision or private business, how handled.
Section 70.630 - Membership, composition.
Section 70.638 - Elected county officials, may purchase prior service, procedure.
Section 70.645 - Retirement, when eligible — eligibility for option.
Section 70.646 - Alternate election, system may provide for, how.
Section 70.650 - Mandatory retirement age, how determined.
Section 70.670 - Early retirement, application — requirements — option — benefits, how computed.
Section 70.680 - Disability retirement — medical examinations required, when — option.
Section 70.686 - Retirant becoming reemployed in the system, effect of.
Section 70.700 - Assets of system to be in five funds.
Section 70.707 - Elimination of member contributions, refunding of, procedure.
Section 70.710 - Employer accumulation fund, created, uses — employer contributions.
Section 70.715 - Benefit reserve fund, created, uses.
Section 70.720 - Casualty reserve fund, created, source of funds, uses.
Section 70.722 - Allowances and benefits, all payments to be made from benefit reserve fund, when.
Section 70.730 - Employer's contributions, how computed.
Section 70.740 - State not to contribute to system, exception.
Section 70.745 - Board may invest funds.
Section 70.746 - Board may delegate powers of investment, requirements — liability.
Section 70.747 - Board may invest in real estate — limitations.
Section 70.755 - Assets exempt from certain taxes.
Section 70.835 - Formation of major case squads authorized.
Section 70.840 - Citation of law.
Section 70.846 - Qualifying projects — limitations.
Section 70.858 - Jurisdiction for disputes, circuit court of Cole County.
Section 70.878 - Agreement entered into with county of another state, when.
Section 70.880 - State grants available to defray costs, eligibility.
Section 70.890 - Rogersville and Springfield to abide by agreement for annexation.