650.350. Missouri sheriff methamphetamine relief taskforce created, members, compensation, meetings--MoSMART fund created--rulemaking authority.
Missouri sheriff methamphetamine relief taskforce created, members,compensation, meetings--MoSMART fund created--rulemakingauthority.
650.350. 1. There is hereby created within the department of publicsafety the "Missouri Sheriff Methamphetamine Relief Taskforce" (MoSMART).MoSMART shall be composed of five sitting sheriffs. Every two years, theMissouri Sheriffs' Association board of directors will submit twenty namesof sitting sheriffs to the governor. The governor shall appoint fivemembers from the list of twenty names, having no more than three from anyone political party, to serve a term of two years on MoSMART. The membersshall elect a chair from among their membership. Members shall receive nocompensation for the performance of their duties pursuant to this section,but each member shall be reimbursed from the MoSMART fund for actual andnecessary expenses incurred in carrying out duties pursuant to thissection.
2. MoSMART shall meet no less than twice each calendar year withadditional meetings called by the chair upon the request of at least twomembers. A majority of the appointed members shall constitute a quorum.
3. A special fund is hereby created in the state treasury to be knownas the "MoSMART Fund". The state treasurer shall invest the moneys in suchfund in the manner authorized by law. All moneys received for MoSMART frominterest, state, and federal moneys shall be deposited to the credit of thefund. The director of the department of public safety shall distribute atleast fifty percent but not more than one hundred percent of the fundannually in the form of grants approved by MoSMART.
4. Except for money deposited into the deputy sheriff salarysupplementation fund created under section 57.278, RSMo, all moneysappropriated to or received by MoSMART shall be deposited and credited tothe MoSMART fund. The department of public safety shall only be reimbursedfor actual and necessary expenses for the administration of MoSMART, whichshall be no less than one percent and which shall not exceed two percent ofall moneys appropriated to the fund, except that the department shall notreceive any amount of the money deposited into the deputy sheriff salarysupplementation fund for administrative purposes. The provisions ofsection 33.080, RSMo, to the contrary notwithstanding, moneys in theMoSMART fund shall not lapse to general revenue at the end of the biennium.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2003, shall beinvalid and void.
6. Any county law enforcement entity or established task force with amemorandum of understanding and protocol may apply for grants from theMoSMART fund on an application to be developed by the department of publicsafety with the approval of MoSMART. All applications shall be evaluatedby MoSMART and approved or denied based upon the level of fundingdesignated for methamphetamine enforcement before 1997 and upon currentneed and circumstances. No applicant shall receive a MoSMART grant inexcess of one hundred thousand dollars per year. The department of publicsafety shall monitor all MoSMART grants.
7. MoSMART's anti-methamphetamine funding priorities are as follows:
(1) Sheriffs who are participating in coordinated multijurisdictionaltask forces and have their task forces apply for funding;
(2) Sheriffs whose county has been designated HIDTA* counties, yethave received no HIDTA* or narcotics assistance program funding; and
(3) Sheriffs without HIDTA* designations or task forces, whoseapplication justifies the need for MoSMART funds to eliminatemethamphetamine labs.
8. MoSMART shall administer the deputy sheriff salary supplementationfund as provided under section 57.278, RSMo.
(L. 2003 S.B. 39, A.L. 2008 H.B. 2224)*High Intensity Drug Trafficking Area.