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eBook details

• Title: Missouri Municipal League v. State
• Author : Supreme Court of Missouri
• Release Date : January 22, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The Missouri Municipal League filed suit against the State of Missouri and the Missouri Safe Drinking Water Commission claiming that section 640.100.4, RSMo Supp. 1992 1, violated the Hancock Amendment. The Hancock Amendment prohibits the state from reducing the state financed proportion of any required activities or services. Mo. Const., art. X, § 21. Section 640.100.4, RSMo Supp. 1992, requires public water suppliers to pay fees for laboratory services and program administration. At issue is whether water testing is a required activity of a political subdivision. The trial court granted summary judgment in favor of the State. The Missouri Municipal League appealed. The judgment of the trial court is reversed. The facts are not in dispute. The State of Missouri has monitored public drinking water since 1919. § 5790, RSMo 1919. The general assembly authorized the state board of health to enact and enforce regulations to ensure safe drinking water. Until 1978, Missouri law required water suppliers to pay testing costs. In 1978, the general assembly enacted Senate Bill 509, the ""Missouri Safe Drinking Water Act"" (""the Act""). §§ 640.100 to 640.140, RSMo 1978. Effective on August 1, 1978, the Act gave the state the authority to enforce state laws for public drinking water. Section 640.100 required the state to enact rules and regulations for testing of public drinking water. Section 640.100.4 provided that the division of health ""shall"" provide testing free of charge. § 640.100.4, RSMo 1978.

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