EXECUTIVE ORDER
94-31

WHEREAS, Senate Bill 535, passed during the Second Regular Session of the 87th General Assembly, contained provisions that would have required the Departments of Social Services and Corrections to conduct public information meetings prior to siting facilities; and

WHEREAS, these provisions generally conformed to the current practice of these departments; and

WHEREAS, Senate Bill 535 was vetoed for other reasons;

NOW, THEREFORE, I, Mel Carnahan, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, do hereby direct the Departments of Social Services and Corrections to undertake certain public information functions prior to siting facilities as follows:

For purposes of this order, the following definitions shall apply:

  1. "Department," the Departments of Corrections and Social Services;
  2. "Facility," any residential or in-patient facility of the following types: community corrections program alternative, detention facility, group home, half-way home, residential treatment facility, or any premise where residential prevention, evaluation, care, treatment, habilitation or rehabilitation is provided to persons who are under the authority of the Department.

Before approving the lease or acquisition of real property or the operation or establishment of a facility, the Department shall at least 90 days prior to the proposed date of lease or acquisition of the property:

  1. Ensure that the owner or operator of the proposed facility has provided written notice of the location of the property proposed for lease or acquisition and the proposed use of the property to: (1) residents of homes located within a radius of 600 feet of the property; and neighborhood associations to which those residents whose homes are located within a radius of 600 feet of the property belong; and (2) to the State Senator and State Representative whose district includes those residents whose homes are located within a radius of 600 feet of the property.
  2. Convene a public information hearing to provide the residents and associations an opportunity to ask questions and obtain information about the proposed project.

This order shall expire on January 1,1996, unless extended by further executive action.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 7th day of November, 1994.

[Mel Carnahan’s signature]
GOVERNOR

ATTEST:

[Richard A. Hanson’s signature]
SECRETARY OF STATE

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