Bill to expand county powers raises doubts in Senate

JEFFERSON CITY, Mo. -- Although legislation that would greatly expand the powers of county commissions sailed easily through the House of Representatives, some rural senators are expressing skepticism.

The bill would give county commissions the authority to enact ordinances locally without seeking the approval of the Missouri Legislature, as currently required in most cases.

The measure encountered virtually no opposition in the House, as reflected by a near-unanimous 154-2 chamber vote three weeks ago. However, concerns surfaced during a Tuesday hearing before the Senate Pensions and General Laws Committee.

"I really have a lot of trouble with this," said state Sen. David Klindt, R-Bethany. "It is way too broad in my opinion."

State Sen. Dan Clemens, R-Marshfield, said county officials in his southwest Missouri district are "split 50-50" on whether such an expansion of powers is warranted.

State Sen. Delbert Scott, R-Lowry City, wondered if a lack of uniform laws among the counties would create problems.

The bill would allow counties to "adopt reasonable ordinances, resolutions or regulations" on matters not governed or prohibited by state law. Municipal laws would override conflicting county ordinances within a city's boundaries.

Cape Girardeau County Presiding Commissioner Gerald Jones said counties are too limited in the actions they can take to address pressing local problems and need a greater degree of local control.

Jones said county commissions would exercise the expanded authority with great caution.

"I'm sure we will not have a proliferation of ordinances coming from county courthouses," said Jones, who is also president of the Missouri Association of Counties.

Jones said the bill wouldn't allow county commissions to unilaterally enact planning and zoning regulations, such as those Cape Girardeau County voters rejected in 2000. Jones said the existing state law that requires a public vote on county planning and zoning would be unaffected.

At present only first-class counties with charter forms of government have full ordinance power. Only three of Missouri's 114 counties -- Jackson, St. Louis and St. Charles -- currently meet that definition.

The bill's sponsor, state Rep. Todd Smith, R-Sedalia, said it would be particularly helpful to smaller counties, which are prohibited from taking such simple steps as erecting stop signs.

Rowena Conklin, a lobbyist for Clay and Platte counties, said the process of asking state lawmakers for help addressing local issues is too cumbersome and time consuming.

"What we are looking at is allowing local folks to react quickly to local problems," Conklin said.

However, John Britton, a lobbyist for numerous state and national companies, said giving counties blanket ordinance power without state legislative oversight has great potential for mischief.

"Trying to watch over 114 fiefdoms is a major operation," Britton said.

Granting counties limited ordinance authority to address specific situations, such as traffic control, would be a better approach, Britton said.

Bobby Holtzclaw, a Randolph County resident, said some folks may not wish for their county commission to have such broad authority.

"I think it unfair to the people to give that much power to three gentlemen," Holtzclaw said.

Under the bill, county voters would also have the authority to enact ordinances via the initiative and referendum process.

The bill is HB 267.

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