EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION [PERFECTED] SENATE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 271 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BLACK. 0908S.05P KRISTINA MARTIN, Secretary AN ACT To repeal sections 87.140, 87.145, 87.155, 87.260, 87.350, 144.757, 190.053, 190.101, 190.109, 190.800, 197.135, 321.220, 321.552, 321.554, and 321.556, RSMo, and to enact in lieu thereof twenty new sections relating to emergency services, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 87.140, 87.145, 87.155, 87.260, 1 87.350, 144.757, 190.053, 190.101, 190.109, 190.800, 197.135, 2 321.220, 321.552, 321.554, and 321.556, RSMo, are repealed and 3 twenty new sections ena cted in lieu thereof, to be known as 4 sections 64.003, 87.140, 87.145, 87.155, 87.260, 87.350, 5 144.757, 190.053, 190.076, 190.101, 190.109, 190.112, 190.166, 6 190.800, 197.135, 321.220, 321.552, 321.554, 321.556, and 7 537.038, to read as follows:8 64.003. Notwithstanding any provision of law to the 1 contrary, no fire protection or fire prevention ordinance 2 adopted by any county in this state shall be exercised so as 3 to impose regulations or to require permits with respect to 4 the erection, maintenance, repair, alteration, or extension 5 of farm buildings or farm structures. 6 87.140. 1. The general administration and the 1 responsibility for the proper operation of the retirement 2 SS SCS SB 271 2 system shall be vested in a board of trustees of nine 3 persons. The board shall be constituted as follows: 4 (1) The chief of the fire department of the city, ex 5 officio; 6 (2) The comptroller or deputy comptroller of the city, 7 ex officio; 8 (3) Two members to be appointed by the mayor of the 9 city to serve for a term of two years; 10 (4) Three members to be elected by the members of the 11 retirement system for a term of three years who shall be 12 members of the system and hold office only while members of 13 the system; 14 (5) Two members who shall be retired firemen to be 15 elected by the retired firemen of the city and who shall 16 hold office for a term of three years. 17 2. If a vacancy occurs in the office of trustee, the 18 vacancy shall be filled for the unexpired term in the same 19 manner as the office was previously filled. 20 3. The trustees shall serve without compensation, but 21 they shall be reimbursed from the expense fund for all 22 necessary expenses which they may incur through service on 23 the board. 24 4. Each trustee shall, wit hin ten days after his 25 appointment or election, take an oath of office before the 26 clerk of circuit court of the city, that, so far as it 27 devolves upon him, he will diligently and honestly 28 administer the affairs of the board and that he will not 29 knowingly violate or willingly permit to be violated any of 30 the provisions of the law applicable to the retirement 31 system. The oath shall be subscribed to by the member 32 making it and certified by the clerk of circuit court and 33 filed in his office. 34 SS SCS SB 271 3 5. Each trustee shall be entitled to one vote on the 35 board. Five votes shall be necessary for a decision by the 36 trustees at any meeting of the board. 37 6. Notwithstanding any provision of sections 87.120 to 38 87.371 to the contrary, the board of trustees of the 39 retirement system shall not be prevented from simultaneously 40 acting as the trustees of any other pension plan that 41 provides retirement, disability, and death benefits for 42 firefighters employed by any city not within a county and 43 their covered dependents. The administration of the other 44 pension plan shall be in accordance with the terms of such 45 pension plan. Nothing in this subsection shall prevent the 46 board of alderman of a city not within a county from 47 adopting ordinances to govern the p ensioning of firefighters 48 and their covered dependents in any other pension plan 49 simultaneously administered by the board of trustees of the 50 retirement system. 51 87.145. The board of trustees shall have exclusive 1 original jurisdiction in all matters relating to or 2 affecting the funds herein provided for, including, in 3 addition to all other matters, all claims for benefits and 4 refunds under this law, and its action, decision or 5 determination in any matter shall be reviewable under 6 chapter 536 only, and any party to the proceedings shall 7 have a right of appeal from the decision of the reviewing 8 court. Subject to the limitations of sections 87.120 to 9 87.370, the board of trustees shall, from time to time, 10 establish rules and regu lations for the administration of 11 funds created by this law, for the transaction of its 12 business, and for the limitation of the time within which 13 claims may be filed. The administration of any pension 14 plan, other than the retirement system, includes t he ability 15 SS SCS SB 271 4 of the board of trustees, from time to time, to establish 16 rules and regulations for the administration of funds of 17 such other pension plan and for the transaction of such 18 other pension plan's business. Nothing in this section 19 shall prevent the board of alderman of a city not within a 20 county from adopting ordinances to govern the pensioning of 21 firefighters and their covered dependents in any other 22 pension plan simultaneously administered by the board of 23 trustees of the retirement system. 24 87.155. 1. The board of trustees shall keep in 1 convenient form such data as is necessary for actuarial 2 valuation of the funds of the retirement system and for 3 checking the experience of the system. 4 2. The board of trustees sh all keep a record of all 5 its proceedings which shall be open to public inspection. 6 It shall publish annually a report showing the fiscal 7 transactions of the retirement system for the preceding 8 fiscal year, the amount of the accumulated cash and 9 securities of the system, and the last balance sheet showing 10 the financial condition of the system by means of an 11 actuarial valuation of the assets and liabilities of the 12 retirement system. 13 3. To the extent the board of trustees administers a 14 pension plan other than the retirement system, the board of 15 trustees shall maintain separate records of all proceedings 16 of such other pension plan. 17 87.260. The board of trustees of the firefighters' 1 retirement system shall have the exclusive authority and 2 discretion to invest and reinvest the funds in property of 3 any kind, real or personal. The board of trustees shall 4 invest and manage the fund as a prudent investor would, by 5 considering the purposes, terms, distribution requirements, 6 SS SCS SB 271 5 and other circumstances of the firefighters' retirement 7 system. In satisfying this standard, the board of trustees 8 shall exercise reasonable care, skill, and caution. No 9 trustee shall have any interest as a trustee in the gains or 10 profits made on any investment, except benefits from 11 interest in investments common to all members of the plan, 12 if entitled thereto. To the extent the board of trustees 13 administers a pension plan other than the retirement system, 14 the board of trustees shall also have the authority and 15 discretion to invest and reinvest the funds of such other 16 pension plan in property of any kind, real or personal. The 17 board of trustees may choose to invest the funds of the 18 retirement system and the funds of the other pension plan in 19 the same investments so long as the amounts invested and the 20 gains, profits, or losses on such investments are accounted 21 for separately. No benefits due to the firefighters or 22 their covered dependents from the other pension plan shall 23 be paid from the funds of the retirement system. Nothing in 24 this section shall prevent the board of alderman of a city 25 not within a county from adopting ordinances to govern the 26 pensioning of firefighters and their covered dependents in 27 any other pension plan simulta neously administered by the 28 board of trustees of the retirement system. 29 87.350. The expense fund shall be the fund to which 1 shall be credited all money provided to pay the 2 administration expenses of the retirement system and from 3 which shall be paid all the expenses necessary in connection 4 with the administration and operation of the system. 5 Annually the board of trustees shall estimate the amount of 6 money necessary to be paid into the expense fund during the 7 ensuing year to provide for the expense of operation of the 8 retirement system. Such estimate shall be provided by the 9 SS SCS SB 271 6 board of trustees from interest and other earnings on assets 10 of the retirement system. In no event shall any expenses, 11 including administrative expense s, incurred by the board of 12 trustees in the administration of any pension plan other 13 than the retirement system or in the investment of any funds 14 of any pension plan other than the retirement system be paid 15 from the funds of the retirement system. Such expenses 16 shall be paid entirely from the funds of the other pension 17 plan. 18 144.757. 1. As used in sections 144.757 to 144.761, 1 "taxing jurisdiction" shall include any county, 2 municipality, or any other political subdivision author ized 3 to impose a sales tax under section 94.850, 94.890, 190.040, 4 190.305, 190.335, 190.455, or 321.552 or any other statute 5 authorizing the imposition of a sales tax for emergency 6 services. 7 2. (1) Notwithstanding any other provision of law to 8 the contrary, any [county or municipality ] taxing 9 jurisdiction may, by a majority vote of its governing body, 10 impose a local use tax if a local sales tax is imposed as 11 defined in section 32.085 or if a sales tax is imposed under 12 section 94.850 [or], 94.890, [with] 190.040, 190.305, 13 190.335, 190.455, or 321.552 or any other statute 14 authorizing the imposition of a sales tax for emergency 15 services. 16 (2) Such local use tax shall be imposed on the same 17 property and services upon which the local sa les tax or 18 sales tax is imposed at a rate equal to the rate of the 19 corresponding local sales tax [and any] or sales tax imposed 20 [under section 94.850 or 94.890 ] by such [county or 21 municipality; provided, however, that no ordinance or order 22 SS SCS SB 271 7 enacted pursuant to sections 144.757 to 144.761 ] taxing 23 jurisdiction. 24 (3) No such use tax shall be effective unless the 25 governing body of the [county or municipality ] taxing 26 jurisdiction submits to the voters thereof at a municipal, 27 county, or state general, primary, or special election a 28 proposal to authorize the governing body [of the county or 29 municipality] to impose a local use tax pursuant to sections 30 144.757 to 144.761. 31 [(1)] (4) The ballot of submission for a local use tax 32 corresponding to a local sales tax, as defined in section 33 32.085, or a sales tax under section 94.850 or 94.890 shall 34 contain substantially the following language: 35 (5) The ballot of submission for a local use tax 47 corresponding to a sales tax imposed under section 190.040, 48 190.305, 190.335, 190.455, or 321.552 or any other statute 49 authorizing the imposition of a sales tax for emergency 50 services shall contain substantially t he following language: 51 36 37 38 39 40 41 Shall the ______ (county or municipality's name) impose a local use tax at the same rate as the total local sales tax rate, provided that if the local sales tax rate is reduced or raised by voter approval, the local use tax rate shall also be reduced or raised by the same action? 42 □ YES □ NO 43 44 45 46 If you are in favor of the question, place an “X” in the box opposite “YES”. If you are opposed to the question, place an “X” in the box opposite “NO”. 52 53 54 55 "Shall the ______ (insert taxing jurisdiction's name) impose a local use tax at the same rate as the ______ (insert name of the corresponding sales tax), provided that if the ______ ( insert name of SS SCS SB 271 8 [(2)] If [any of such ballots are submitted on August 60 6, 1996, and if a majority of the votes cast on the proposal 61 by the qualified voters voting thereon are in favor of the 62 proposal, then the ordinance or order and any amendments 63 thereto shall be in effect October 1, 1996, provided the 64 director of revenue receive s notice of adoption of the local 65 use tax on or before August 16, 1996. If any of such 66 ballots are submitted after December 31, 1996, and if ] a 67 majority of the votes cast on the proposal by the qualified 68 voters voting thereon are in favor of the propo sal, then the 69 ordinance or order and any amendments thereto shall be in 70 effect on the first day of the calendar quarter which begins 71 at least forty-five days after the director of revenue 72 receives notice of adoption of the local use tax. If a 73 majority of the votes cast by the qualified voters voting 74 are opposed to the proposal, then the governing body of the 75 [county or municipality ] taxing jurisdiction shall have no 76 power to impose the local use tax as herein authorized 77 unless and until the govern ing body of the [county or 78 municipality] taxing jurisdiction shall again have submitted 79 another proposal to authorize the governing body of the 80 [county or municipality ] taxing jurisdiction to impose the 81 local use tax and such proposal is approved by a majority of 82 the qualified voters voting thereon. 83 [2.] 3. The local use tax may be imposed at the same 84 rate as [the local] any sales tax listed in subsection 1 of 85 this section then currently in effect in the county or 86 municipality upon all transac tions which are subject to the 87 56 57 58 59 the corresponding sales tax) rate is reduced or raised by voter approval, the local use tax rate shall also be reduced or raised by the same action?". SS SCS SB 271 9 taxes imposed pursuant to sections 144.600 to 144.745 within 88 the county or municipality adopting such tax; provided, 89 however, that if any local sales tax is repealed or the rate 90 thereof is reduced or raised by voter appro val, the local 91 use tax rate shall also be deemed to be repealed, reduced , 92 or raised by the same action repealing, reducing , or raising 93 [the local] such sales tax. A county or municipality 94 collecting a local use tax corresponding to a sales tax 95 imposed for an emergency service shall disburse a 96 proportional share of such local use tax to such emergency 97 service agency or department. 98 [3.] 4. For purposes of sections 144.757 to 144.761, 99 the use tax may be referred to or described as the 100 equivalent of a sales tax on purchases made from out -of- 101 state sellers by in-state buyers and on certain 102 intrabusiness transactions. Such a description shall not 103 change the classification, form or subject of the use tax or 104 the manner in which it is collected. The use tax shall not 105 be described as a new tax or as not a new tax and shall not 106 be advertised or promoted in a manner in violation of 107 section 115.646. 108 5. Notwithstanding any other provision of law to the 109 contrary, a local use tax corresponding to a sales tax 110 imposed under section 190.040, 190.305, 190.335, 190.455, or 111 321.552 or any other statute authorizing the imposition of a 112 sales tax for emergency services shall be collected, 113 deposited, distributed, refunded, repealed, or otherwise 114 administered as provided in the authorizing statute for the 115 corresponding sales tax. 116 190.053. 1. All members of the board of directors of 1 an ambulance district first elected on or after January 1, 2 2008, shall attend and complete an ed ucational seminar or 3 SS SCS SB 271 10 conference or other suitable training on the role and duties 4 of a board member of an ambulance district. The training 5 required under this section shall be offered by a statewide 6 association organized for the benefit of ambulance d istricts 7 or be approved by the state advisory council on emergency 8 medical services. Such training shall include, at a minimum: 9 (1) Information relating to the roles and duties of an 10 ambulance district director; 11 (2) A review of all state st atutes and regulations 12 relevant to ambulance districts; 13 (3) State ethics laws; 14 (4) State sunshine laws, chapter 610; 15 (5) Financial and fiduciary responsibility; 16 (6) State laws relating to the setting of tax rates; 17 and 18 (7) State laws relating to revenue limitations. 19 2. [If any ambulance district board member fails to 20 attend a training session within twelve months after taking 21 office, the board member shall not be compensated for 22 attendance at meetings thereafter until the board member has 23 completed such training session. If any ambulance district 24 board member fails to attend a training session within 25 twelve months of taking office regardless of whether the 26 board member received an attendance fee for a training 27 session, the board member shall be ineligible to run for 28 reelection for another term of office until the board member 29 satisfies the training requirement of this section; however, 30 this requirement shall only apply to board members elected 31 after August 28, 2022] All members of the board of directors 32 of an ambulance district shall complete three hours of 33 continuing education for each term of office. The 34 continuing education shall be offered by a statewide 35 SS SCS SB 271 11 association organized for the benefit of ambulan ce districts 36 or be approved by the state advisory council on emergency 37 medical services. 38 3. Any ambulance district board member who fails to 39 complete the initial training and continuing education 40 requirements on or before the anniversary date of his or her 41 election or appointment shall immediately be disqualified 42 from office and his or her position shall be vacant without 43 further process or declaration. The vacancy shall be filled 44 in the manner provided for pursuant to section 190.052 . 45 190.076. Each ambulance district shall arrange for an 1 audit of the records and accounts of the district at least 2 every three years by a certified public accountant or firm 3 of certified public accountants. The audit shall be made 4 available to the public on the district's website or 5 otherwise freely available by other electronic means. 6 190.101. 1. There is hereby established a "State 1 Advisory Council on Emergency Medical Services" which shall 2 consist of [sixteen] no more than twenty-three members, one 3 of which shall be [a resident] the chief paramedic of a city 4 not within a county. The members of the council shall be 5 appointed [by the governor with the advice and consent of 6 the senate] in accordance with s ubsection 2 of this section 7 and shall serve terms of four years. The [governor shall 8 designate one of the members as chairperson ] council members 9 shall annually select a chairperson, along with other 10 officers as the council deems necessary . The chairperson 11 may appoint subcommittees that include noncouncil members. 12 2. Council members shall be appointed as follows: 13 (1) The director of the department of health and 14 senior services shall make appointments to the council from 15 the recommendations provided by the following: 16 SS SCS SB 271 12 (a) The statewide professional association 17 representing ambulance service managers; 18 (b) The statewide professional association 19 representing emergency medical technicians and paramedics; 20 (c) The statewide professional association 21 representing ambulance districts; 22 (d) The statewide professional association 23 representing fire chiefs; 24 (e) The statewide professional association 25 representing fire protection districts; 26 (f) The statewide profess ional association 27 representing firefighters; 28 (g) The statewide professional association 29 representing emergency nurses; 30 (h) The statewide professional association 31 representing the air ambulance industry; 32 (i) The statewide professional a ssociation 33 representing emergency medicine physicians; 34 (j) The statewide association representing hospitals; 35 and 36 (k) The statewide association representing pediatric 37 emergency professionals; 38 (2) The director of health and senior servic es shall 39 appoint a member to the council with a background in mobile 40 integrated health care -community paramedicine (MIH -CP); 41 (3) Each regional EMS advisory committee shall appoint 42 one member; and 43 (4) The time-critical diagnosis advisory comm ittee 44 established under section 190.257 shall appoint one member. 45 3. The state EMS medical directors advisory committee 46 and the regional EMS advisory committees will be recognized 47 SS SCS SB 271 13 as subcommittees of the state advisory council on emergency 48 medical services. 49 [3.] 4. The council shall have geographical 50 representation and representation from appropriate areas of 51 expertise in emergency medical services including 52 volunteers, professional organizations involved in emergency 53 medical services, EMT's, paramedics, nurses, firefighters, 54 physicians, ambulance service administrators, hospital 55 administrators and other health care providers concerned 56 with emergency medical services. [The regional EMS advisory 57 committees shall serve as a resource fo r the identification 58 of potential members of the state advisory council on 59 emergency medical services. 60 4.] 5. The state EMS medical director, as described 61 under section 190.103, shall serve as an ex officio member 62 of the council. 63 [5.] 6. The members of the council and subcommittees 64 shall serve without compensation except that members of the 65 council shall, subject to appropriations, be reimbursed for 66 reasonable travel expenses and meeting expenses related to 67 the functions of the council. 68 [6.] 7. The purpose of the council is to make 69 recommendations to the governor, the general assembly, and 70 the department on policies, plans, procedures and proposed 71 regulations on how to improve the statewide emergency 72 medical services system. The council shall advise the 73 governor, the general assembly, and the department on all 74 aspects of the emergency medical services system. 75 [7.] 8. (1) There is hereby established a standing 76 subcommittee of the council to monitor the implementation of 77 the recognition of the EMS personnel licensure interstate 78 compact under sections 190.900 to 190.939, the interstate 79 SS SCS SB 271 14 commission for EMS personnel practice, and the involvement 80 of the state of Missouri. The subcommittee shall meet at 81 least biannually and receive reports from the Missouri 82 delegate to the interstate commission for EMS personnel 83 practice. The subcommittee shall consist of at least seven 84 members appointed by the chair of the council, to include at 85 least two members as recommended by t he Missouri state 86 council of firefighters and one member as recommended by the 87 Missouri Association of Fire Chiefs. The subcommittee may 88 submit reports and recommendations to the council, the 89 department of health and senior services, the general 90 assembly, and the governor regarding the participation of 91 Missouri with the recognition of the EMS personnel licensure 92 interstate compact. 93 (2) The subcommittee shall formally request a public 94 hearing for any rule proposed by the interstate commission 95 for EMS personnel practice in accordance with subsection 7 96 of section 190.930. The hearing request shall include the 97 request that the hearing be presented live through the 98 internet. The Missouri delegate to the interstate 99 commission for EMS personne l practice shall be responsible 100 for ensuring that all hearings, notices of, and related 101 rulemaking communications as required by the compact be 102 communicated to the council and emergency medical services 103 personnel under the provisions of subsections 4, 5, 6, and 8 104 of section 190.930. 105 (3) The department of health and senior services shall 106 not establish or increase fees for Missouri emergency 107 medical services personnel licensure in accordance with this 108 chapter for the purpose of creating the fund s necessary for 109 payment of an annual assessment under subdivision (3) of 110 subsection 5 of section 190.924. 111 SS SCS SB 271 15 [8.] 9. The council shall consult with the time - 112 critical diagnosis advisory committee, as described under 113 section 190.257, regarding time -critical diagnosis. 114 190.109. 1. The department shall, within a reasonable 1 time after receipt of an application, cause such 2 investigation as the department deems necessary to be made 3 of the applicant for a ground ambulance license. 4 2. Any person that owned and operated a licensed 5 ambulance on December 31, 1997, shall receive an ambulance 6 service license from the department, unless suspended, 7 revoked or terminated, for that ambulance service area which 8 was, on December 31, 1997 , described and filed with the 9 department as the primary service area for its licensed 10 ambulances on August 28, 1998, provided that the person 11 makes application and adheres to the rules and regulations 12 promulgated by the department pursuant to sections 190.001 13 to 190.245. 14 3. The department shall issue a new ground ambulance 15 service license to an ambulance service that is not 16 currently licensed by the department, or is currently 17 licensed by the department and is seeking to expand its 18 ambulance service area, except as provided in subsection 4 19 of this section, to be valid for a period of five years, 20 unless suspended, revoked or terminated, when the director 21 finds that the applicant meets the requirements of ambulance 22 service licensure establi shed pursuant to sections 190.100 23 to 190.245 and the rules adopted by the department pursuant 24 to sections 190.001 to 190.245. In order to be considered 25 for a new ambulance service license, an ambulance service 26 shall submit to the department a letter o f endorsement from 27 each ambulance district or fire protection district that is 28 authorized to provide ambulance service, or from each 29 SS SCS SB 271 16 municipality not within an ambulance district or fire 30 protection district that is authorized to provide ambulance 31 service, in which the ambulance service proposes to 32 operate. If an ambulance service proposes to operate in 33 unincorporated portions of a county not within an ambulance 34 district or fire protection district that is authorized to 35 provide ambulance service, i n order to be considered for a 36 new ambulance service license, the ambulance service shall 37 submit to the department a letter of endorsement from the 38 county. Any letter of endorsement required pursuant to this 39 section shall verify that the political sub division has 40 conducted a public hearing regarding the endorsement and 41 that the governing body of the political subdivision has 42 adopted a resolution approving the endorsement. The letter 43 of endorsement shall affirmatively state that the proposed 44 ambulance service: 45 (1) Will provide a benefit to public health that 46 outweighs the associated costs; 47 (2) Will maintain or enhance the public's access to 48 ambulance services; 49 (3) Will maintain or improve the public health and 50 promote the continued development of the regional emergency 51 medical service system; 52 (4) Has demonstrated the appropriate expertise in the 53 operation of ambulance services; and 54 (5) Has demonstrated the financial resources necessary 55 for the operation of the pro posed ambulance service. 56 4. A contract between a political subdivision and a 57 licensed ambulance service for the provision of ambulance 58 services for that political subdivision shall expand, 59 without further action by the department, the ambulance 60 service area of the licensed ambulance service to include 61 SS SCS SB 271 17 the jurisdictional boundaries of the political subdivision. 62 The termination of the aforementioned contract shall result 63 in a reduction of the licensed ambulance service's ambulance 64 service area by removing the geographic area of the 65 political subdivision from its ambulance service area, 66 except that licensed ambulance service providers may provide 67 ambulance services as are needed at and around the state 68 fair grounds for protection of attendees at the state fair. 69 5. The department shall renew a ground ambulance 70 service license if the applicant meets the requirements 71 established pursuant to sections 190.001 to 190.245, and the 72 rules adopted by the department pursuant to sections 190.001 73 to 190.245. 74 6. The department shall promulgate rules relating to 75 the requirements for a ground ambulance service license 76 including, but not limited to: 77 (1) Vehicle design, specification, operation and 78 maintenance standards; 79 (2) Equipment requirements; 80 (3) Staffing requirements; 81 (4) Five-year license renewal; 82 (5) Records and forms; 83 (6) Medical control plans; 84 (7) Medical director qualifications; 85 (8) Standards for medical communications; 86 (9) Memorandums of understanding with emergency 87 medical response agencies that provide advanced life support; 88 (10) Quality improvement committees; [and] 89 (11) Response time, patient care and transportation 90 standards; 91 (12) Participation with regio nal emergency medical 92 services advisory committees; and 93 SS SCS SB 271 18 (13) Ambulance service administrator qualifications . 94 7. Application for a ground ambulance service license 95 shall be made upon such forms as prescribed by the 96 department in rules adopted pursuant to sections 190.001 to 97 190.245. The application form shall contain such 98 information as the department deems necessary to make a 99 determination as to whether the ground ambulance service 100 meets all the requirements of sections 190.001 to 190.24 5 101 and rules promulgated pursuant to sections 190.001 to 102 190.245. 103 190.112. 1. Each ambulance service licensed under 1 this chapter shall identify to the department the individual 2 serving as the ambulance service administrator who is 3 responsible for the operations and staffing of the ambulance 4 service. The ambulance service administrator shall be 5 required to have achieved basic training of at least forty 6 hours regarding the operations of an ambulance service and 7 two hours of annual continuing education. The training 8 required under this section shall be offered by a statewide 9 association organized for the benefit of ambulance districts 10 or be approved by the state advisory council on emergency 11 medical services and shall include the following: 12 (1) Basic principles of accounting and economics; 13 (2) State and federal laws applicable to ambulance 14 services; 15 (3) Regulatory requirements applicable to ambulance 16 services; 17 (4) Human resources management and laws; 18 (5) Grant writing, contracts, and fundraising; 19 (6) State sunshine laws in chapter 610, as well as 20 applicable ethics requirements; and 21 (7) Volunteer and community involvement. 22 SS SCS SB 271 19 2. Ambulance service administrators serving in this 23 capacity as of August 28, 2025, shall have until January 1, 24 2026, to demonstrate compliance with the provisions of this 25 section. 26 190.166. 1. In addition to the provisions of section 1 190.165, the department of health and senior services may 2 refuse to issue, deny renewal of, or suspend a license 3 required pursuant to section 190.109, or take other 4 corrective actions as described in this section, based on 5 the following considerations: 6 (1) The license holder is determined to be fina ncially 7 insolvent; 8 (2) The ambulance service has inadequate personnel to 9 operate the ambulance service to provide basic emergency 10 operations. The ambulance service shall not be deemed to 11 have such inadequate personnel as long as the ambulance 12 service staffs to meet the needs of its emergency call 13 volume. Smaller ambulance services shall have the ability 14 to staff a minimum of one ambulance unit twenty -four hours 15 each day, seven days each week, with at least two licensed 16 emergency medical tec hnicians, and have a reasonable plan 17 and schedule for the services of a second ambulance unit; 18 (3) The ambulance service requires an inordinate 19 amount of mutual aid from neighboring services, such as more 20 than ten percent of the total runs in the service area in 21 any given month, or than would be considered prudent and 22 thus cannot provide an appropriate level of emergency 23 response for the service area as would be considered prudent 24 by the typical ground ambulance services operator; 25 (4) The principal manager, board members, or other 26 executives are determined to be criminally liable for 27 actions related to the license or service provided; 28 SS SCS SB 271 20 (5) The license holder or principal manager, board 29 members, or other executives are determined by the Centers 30 for Medicare and Medicaid Services to be ineligible for 31 participation in Medicare; 32 (6) The license holder or principal manager, board 33 members, or other executives are determined by the MO 34 HealthNet division to be ineligible for parti cipation in MO 35 HealthNet; 36 (7) The ambulance service administrator has failed to 37 meet the required qualifications or failed to complete the 38 training required pursuant to section 190.112; and 39 (8) Three or more board members have failed to 40 complete required training pursuant to section 190.053 if 41 the ambulance service is an ambulance district. 42 2. If the department makes a determination of 43 insolvency or insufficiency of operations of a license 44 holder under subsection 1 of this section, then the 45 department may require the license holder to submit a 46 corrective plan within fifteen days and require 47 implementation of the corrective plan within thirty days. 48 3. The department shall be required to provide notice 49 of any determination by the department of insolvency or 50 insufficiency of operations of a license holder to other 51 license holders operating in the license holder's vicinity, 52 members of the general assembly who represent the license 53 holder's service area, the governing officia ls of any county 54 or municipal entity in the license holder's service area, 55 the appropriate regional emergency medical services advisory 56 committee, and the state advisory council on emergency 57 medical services. 58 4. The department shall immediately e ngage with other 59 license holders in the area to determine the extent to which 60 SS SCS SB 271 21 ground ambulance service may be provided to the affected 61 service area during the time in which the license holder is 62 unable to provide adequate services, including any long -term 63 service arrangements. The nature of the agreement between 64 the license holder and other license holders providing 65 services to the affected area may include an agreement to 66 provide services, a joint powers agreement, formal 67 consideration, or some p ayment for services rendered. 68 5. Any license holder who provides assistance in the 69 service area of another license holder whose license has 70 been suspended under this section shall have the right to 71 seek reasonable compensation from the license hol der whose 72 license to operate has been suspended for all calls, stand - 73 by time, and responses to medical emergencies during such 74 time as the license remains suspended. The reasonable 75 compensation shall not be limited to those expenses incurred 76 in actual responses, but may also include reasonable 77 expenses to maintain ambulance service, including, but not 78 limited to, the daily operation costs of maintaining the 79 service, personnel wages and benefits, equipment purchases 80 and maintenance, and other costs incurred in the operation 81 of a ground ambulance service. The license holder providing 82 assistance shall be entitled to an award of costs and 83 reasonable attorney fees in any action to enforce the 84 provisions of this subsection. 85 190.800. 1. Each ground ambulance service, except for 1 any ambulance service owned and operated by [an entity owned 2 and operated by the state of Missouri, including but not 3 limited to any hospital owned or operated by the board of 4 curators, as defined in ch apter 172, or] any department of 5 the state, shall, in addition to all other fees and taxes 6 now required or paid, pay an ambulance service reimbursement 7 SS SCS SB 271 22 allowance tax for the privilege of engaging in the business 8 of providing ambulance services in this state. 9 2. For the purpose of this section, the following 10 terms shall mean: 11 (1) "Ambulance", the same meaning as such term is 12 defined in section 190.100; 13 (2) "Ambulance service", the same meaning as such term 14 is defined in section 190.1 00; 15 (3) "Engaging in the business of providing ambulance 16 services in this state", accepting payment for such services. 17 197.135. 1. Beginning January 1, 2023, or no later 1 than six months after the establishment of the statewide 2 telehealth network under section 192.2520, whichever is 3 later, any hospital licensed under this chapter shall 4 perform a forensic examination using an evidentiary 5 collection kit upon the request and consent of the victim of 6 a sexual offense, or the vic tim's guardian, when the victim 7 is at least fourteen years of age. In the case of minor 8 consent, the provisions of subsection 2 of section 595.220 9 shall apply. Victims under fourteen years of age shall be 10 referred, and victims fourteen years of age o r older but 11 less than eighteen years of age may be referred, to a SAFE 12 CARE provider, as such term is defined in section 334.950, 13 for medical or forensic evaluation and case review. Nothing 14 in this section shall be interpreted to preclude a hospital 15 from performing a forensic examination for a victim under 16 fourteen years of age upon the request and consent of the 17 victim or victim's guardian, subject to the provisions of 18 section 595.220 and the rules promulgated by the department 19 of public safety. 20 2. (1) An appropriate medical provider, as such term 21 is defined in section 595.220, shall perform the forensic 22 SS SCS SB 271 23 examination of a victim of a sexual offense. The hospital 23 shall ensure that any provider performing the examination 24 has received training conducting such examinations that is, 25 at a minimum, equivalent to the training offered by the 26 statewide telehealth network under subsection 4 of section 27 192.2520. Nothing in this section shall require providers 28 to utilize the training offered by the statewide telehealth 29 network, as long as the training utilized is, at a minimum, 30 equivalent to the training offered by the statewide 31 telehealth network. 32 (2) If the provider is not a sexual assault nurse 33 examiner (SANE), or another similarly t rained physician or 34 nurse, then the hospital shall utilize telehealth services 35 during the examination, such as those provided by the 36 statewide telehealth network, to provide guidance and 37 support through a SANE, or other similarly trained physician 38 or nurse, who may observe the live forensic examination and 39 who shall communicate with and support the onsite provider 40 with the examination, forensic evidence collection, and 41 proper transmission and storage of the examination evidence. 42 3. The department of health and senior services may 43 issue a waiver of the telehealth requirements of subsection 44 2 of this section if the hospital demonstrates to the 45 department, in writing, a technological hardship in 46 accessing telehealth services or a lack of acces s to 47 adequate broadband services sufficient to access telehealth 48 services. Such waivers shall be granted sparingly and for 49 no more than a year in length at a time, with the 50 opportunity for renewal at the department's discretion. 51 4. The department shall waive the requirements of this 52 section if the statewide telehealth network established 53 under section 192.2520 ceases operation, the director of the 54 SS SCS SB 271 24 department of health and senior services has provided 55 written notice to hospitals licensed under this chapter that 56 the network has ceased operation, and the hospital cannot, 57 in good faith, comply with the requirements of this section 58 without assistance or resources of the statewide telehealth 59 network. Such waiver shall remain in effect until suc h time 60 as the statewide telehealth network resumes operation or 61 until the hospital is able to demonstrate compliance with 62 the provisions of this section without the assistance or 63 resources of the statewide telehealth network. 64 5. The provisions of section 595.220 shall apply to 65 the reimbursement of the reasonable costs of the 66 examinations and the provision of the evidentiary collection 67 kits. 68 6. No individual hospital shall be required to comply 69 with the provisions of this section and sect ion 192.2520 70 unless and until the department provides such hospital with 71 access to the statewide telehealth network for the purposes 72 of mentoring and training services required under section 73 192.2520 without charge to the hospital. 74 7. A specialty hospital shall be considered exempt 75 from the provisions of this section and section 192.2520 if 76 such hospital has a policy for the transfer of a victim of a 77 sexual offense to an appropriate hospital with an emergency 78 department. As used in this secti on, "specialty hospital" 79 shall mean a hospital licensed under this chapter and 80 designated by the department as something other than a 81 general acute care hospital. 82 321.220. For the purpose of providing fire protection 1 to the property within the district, the district and, on 2 its behalf, the board shall have the following powers, 3 authority and privileges: 4 SS SCS SB 271 25 (1) To have perpetual existence; 5 (2) To have and use a corporate seal; 6 (3) To sue and be sued, and be a party to suits, 7 actions and proceedings; 8 (4) To enter into contracts, franchises and agreements 9 with any person, partnership, association or corporation, 10 public or private, affecting the affairs of the district, 11 including contracts with any municipality, district or 12 state, or the United States of America, and any of their 13 agencies, political subdivisions or instrumentalities, for 14 the planning, development, construction, acquisition or 15 operation of any public improvement or facility, or for a 16 common service relating to the control or prevention of 17 fires, including the installation, operation and maintenance 18 of water supply distribution, fire hydrant and fire alarm 19 systems; provided, that a notice shall be published for bids 20 on all construction or p urchase contracts for work or 21 material or both, outside the authority contained in 22 subdivision (9) of this section, involving an expense of ten 23 thousand dollars or more; 24 (5) Upon approval of the voters as herein provided, to 25 borrow money and incu r indebtedness and evidence the same by 26 certificates, notes or debentures, and to issue bonds, in 27 accordance with the provisions of this chapter; 28 (6) To acquire, construct, purchase, maintain, dispose 29 of and encumber real and personal property, fi re stations, 30 fire protection and fire -fighting apparatus and auxiliary 31 equipment therefor, and any interest therein, including 32 leases and easements; 33 (7) To refund any bonded indebtedness of the district 34 without an election. The terms and conditi ons of refunding 35 bonds shall be substantially the same as those of the 36 SS SCS SB 271 26 original issue of bonds, and the board shall provide for the 37 payment of interest, at not to exceed the legal rate, and 38 the principal of such refunding bonds in the same manner as 39 is provided for the payment of interest and principal of 40 bonds refunded; 41 (8) To have the management, control and supervision of 42 all the business and affairs of the district, and the 43 construction, installation, operation and maintenance of 44 district improvements therein; 45 (9) To hire and retain agents, employees, engineers 46 and attorneys, including part -time or volunteer firemen; 47 (10) To have and exercise the power of eminent domain 48 and in the manner provided by law for the condemnation o f 49 private property for public use to take any property within 50 the district necessary to the exercise of the powers herein 51 granted; 52 (11) To receive and accept by bequest, gift or 53 donation any kind of property. Notwithstanding any other 54 provision of law to the contrary, any property received by 55 the fire protection district as a gift or any property 56 purchased by the fire protection district at a price below 57 the actual market value of the property may be returned to 58 the donor or resold to the se ller if such property is not 59 used for the specific purpose for which it was acquired; 60 (12) To adopt and amend bylaws, fire protection and 61 fire prevention ordinances, and any other rules and 62 regulations not in conflict with the constitution and law s 63 of this state, necessary for the carrying on of the 64 business, objects and affairs of the board and of the 65 district, and refer to the proper authorities for 66 prosecution any infraction thereof detrimental to the 67 district. However, fire protection and fire prevention 68 SS SCS SB 271 27 ordinances shall not be exercised so as to impose 69 regulations or to require permits with respect to the 70 erection, maintenance, repair, alteration, or extension of 71 farm buildings or farm structures. Any person violating any 72 such ordinance is hereby declared to be guilty of a 73 misdemeanor, and upon conviction thereof shall be punished 74 as is provided by law therefor. The prosecuting attorney 75 for the county in which the violation occurs shall prosecute 76 such violations in the circuit c ourt of that county. The 77 legal officer or attorney for the fire district may be 78 appointed by the prosecuting attorney as special assistant 79 prosecuting attorney for the prosecution of any such 80 violation. The enactments of the fire district in 81 delegating administrative authority to officials of the 82 district may provide standards of action for the 83 administrative officials, which standards are declared as 84 industrial codes adopted by nationally organized and 85 recognized trade bodies. The board shall have the power to 86 adopt an ordinance, rule, or regulation allowing the 87 district to charge individuals who reside outside of the 88 district, but who receive emergency services within the 89 boundaries of the district, for the actual and reasonable 90 cost of such services. However, such actual and reasonable 91 costs shall not exceed one hundred dollars for responding to 92 each fire call or alarm and two hundred fifty dollars for 93 each hour or a proportional sum for each quarter hour spent 94 in combating a fire or emergency; 95 (13) To pay all court costs and expenses connected 96 with the first election or any subsequent election in the 97 district; 98 (14) To have and exercise all rights and powers 99 necessary or incidental to or implied from the specific 100 SS SCS SB 271 28 powers granted herein. Such specific powers shall not be 101 considered as a limitation upon any power necessary or 102 appropriate to carry out the purposes and intent of this 103 chapter; 104 (15) To provide for health, accident, disability and 105 pension benefits for the salaried members of its organized 106 fire department of the district and such other benefits for 107 their spouses and eligible unemancipated children, through 108 either or both a contributory or noncontributory plan. For 109 purposes of this section, "eligibl e unemancipated child" 110 means a natural or adopted child of an insured, or a 111 stepchild of an insured who is domiciled with the insured, 112 who is less than twenty -three years of age, who is not 113 married, not employed on a full -time basis, not maintaining 114 a separate residence except for full -time students in an 115 accredited school or institution of higher learning, and who 116 is dependent on parents or guardians for at least fifty 117 percent of his or her support. The type and amount of such 118 benefits shall be determined by the board of directors of 119 the fire protection district within the level of available 120 revenues of the pension program and other available revenues 121 of the district. If an employee contributory plan is 122 adopted, then at least one voting membe r of the board of 123 trustees shall be a member of the fire district elected by 124 the contributing members, which shall not be the same as the 125 board of directors; 126 (16) To contract with any municipality that is 127 contiguous to a fire protection district for the fire 128 protection district to provide fire protection to the 129 municipality for a fee as hereinafter provided; 130 (17) To provide for life insurance, accident, 131 sickness, health, disability, annuity, length of service, 132 SS SCS SB 271 29 pension, retirement and oth er employee-type fringe benefits, 133 subject to the provisions of section 70.615, for the 134 volunteer members of any organized fire department of the 135 district and such other benefits for their spouses and 136 eligible unemancipated children, through either a 137 contributory or noncontributory plan, or both. For purposes 138 of this section, "eligible unemancipated child" means a 139 natural or adopted child of an insured, or a stepchild of an 140 insured who is domiciled with the insured, who is less than 141 twenty-three years of age, who is not married, not employed 142 on a full-time basis, not maintaining a separate residence 143 except for full-time students in an accredited school or 144 institution of higher learning, and who is dependent on 145 parents or guardians for at least f ifty percent of his or 146 her support. The type and amount of such benefits shall be 147 determined by the board of directors of the fire protection 148 district within available revenues of the district, 149 including the pension program of the district. The 150 provision and receipt of such benefits shall not make the 151 recipient an employee of the district. Directors who are 152 also volunteer members may receive such benefits while 153 serving as a director of the district; 154 (18) To contract for services with any ru ral, 155 volunteer or subscription fire department or organization, 156 or volunteer fire protection association, as defined in 157 section 320.300, for the purpose of providing the benefits 158 described in subdivision (17) of this section. 159 321.552. 1. [Except in any county of the first 1 classification with over two hundred thousand inhabitants, 2 or any county of the first classification without a charter 3 form of government and with more than seventy -three thousand 4 seven hundred but less than se venty-three thousand eight 5 SS SCS SB 271 30 hundred inhabitants; or any county of the first 6 classification without a charter form of government and with 7 more than one hundred eighty -four thousand but less than one 8 hundred eighty-eight thousand inhabitants; or any count y 9 with a charter form of government with over one million 10 inhabitants; or any county with a charter form of government 11 with over two hundred eighty thousand inhabitants but less 12 than three hundred thousand inhabitants, ] The governing body 13 of any ambulance or fire protection district may impose a 14 sales tax in an amount up to [one-half of] one percent on 15 all retail sales made in such ambulance or fire protection 16 district which are subject to taxation pursuant to the 17 provisions of sections 144.010 to 144.525 provided that such 18 sales tax shall be accompanied by a reduction in the 19 district's tax rate as defined in section 137.073. The tax 20 authorized by this section shall be in addition to any and 21 all other sales taxes allowed by law, except that no sales 22 tax imposed pursuant to the provisions of this section shall 23 be effective unless the governing body of the ambulance or 24 fire protection district submits to the voters of such 25 ambulance or fire protection district, at a municipal or 26 state general, primary or special election, a proposal to 27 authorize the governing body of the ambulance or fire 28 protection district to impose a tax pursuant to this section. 29 2. The ballot of submission shall contain, but need 30 not be limited to, the following l anguage: 31 32 33 34 35 36 37 38 Shall ______ (insert name of ambulance or fire protection district) impose a sales tax of ______ (insert amount up to [one-half) of] one percent) for the purpose of providing revenues for the operation of the ______ (insert name of ambulance or fire protection district) and the total property tax levy on properties in the ______ SS SCS SB 271 31 3. If a majority of the votes cast on the proposal by 49 the qualified voters vo ting thereon are in favor of the 50 proposal, then the sales tax authorized in this section 51 shall be in effect and the governing body of the ambulance 52 or fire protection district shall lower the level of its tax 53 rate by an amount which reduces property ta x revenues by an 54 amount equal to fifty percent of the amount of sales tax 55 collected in the preceding year. If a majority of the votes 56 cast by the qualified voters voting are opposed to the 57 proposal, then the governing body of the ambulance or fire 58 protection district shall not impose the sales tax 59 authorized in this section unless and until the governing 60 body of such ambulance or fire protection district resubmits 61 a proposal to authorize the governing body of the ambulance 62 or fire protection distr ict to impose the sales tax 63 authorized by this section and such proposal is approved by 64 a majority of the qualified voters voting thereon. 65 4. All revenue received by a district from the tax 66 authorized pursuant to this section shall be deposited in a 67 special trust fund, and be used solely for the purposes 68 specified in the proposal submitted pursuant to this section 69 for so long as the tax shall remain in effect. 70 39 40 41 42 43 (insert name of the ambulance or fire protection district) shall be re duced annually by an amount which reduces property tax revenues by an amount equal to fifty percent of the previous year's revenue collected from this sales tax? 44 □ YES □ NO 45 46 47 48 If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO". SS SCS SB 271 32 5. All sales taxes collected by the director of 71 revenue pursuant to this sectio n, less one percent for cost 72 of collection which shall be deposited in the state's 73 general revenue fund after payment of premiums for surety 74 bonds as provided in section 32.087, shall be deposited in a 75 special trust fund, which is hereby created, to be known as 76 the "Ambulance or Fire Protection District Sales Tax Trust 77 Fund". The moneys in the ambulance or fire protection 78 district sales tax trust fund shall not be deemed to be 79 state funds and shall not be commingled with any funds of 80 the state. The director of revenue shall keep accurate 81 records of the amount of money in the trust and the amount 82 collected in each district imposing a sales tax pursuant to 83 this section, and the records shall be open to inspection by 84 officers of the county and to the public. Not later than 85 the tenth day of each month the director of revenue shall 86 distribute all moneys deposited in the trust fund during the 87 preceding month to the governing body of the district which 88 levied the tax; such funds shall be deposite d with the board 89 treasurer of each such district. 90 6. The director of revenue may make refunds from the 91 amounts in the trust fund and credit any district for 92 erroneous payments and overpayments made, and may redeem 93 dishonored checks and drafts dep osited to the credit of such 94 district. If any district abolishes the tax, the district 95 shall notify the director of revenue of the action at least 96 ninety days prior to the effective date of the repeal and 97 the director of revenue may order retention in the trust 98 fund, for a period of one year, of two percent of the amount 99 collected after receipt of such notice to cover possible 100 refunds or overpayment of the tax and to redeem dishonored 101 checks and drafts deposited to the credit of such accounts. 102 SS SCS SB 271 33 After one year has elapsed after the effective date of 103 abolition of the tax in such district, the director of 104 revenue shall remit the balance in the account to the 105 district and close the account of that district. The 106 director of revenue shall notify eac h district of each 107 instance of any amount refunded or any check redeemed from 108 receipts due the district. 109 7. Except as modified in this section, all provisions 110 of sections 32.085 and 32.087 shall apply to the tax imposed 111 pursuant to this section. 112 321.554. 1. [Except in any county of the first 1 classification with more than two hundred forty thousand 2 three hundred but less than two hundred forty thousand four 3 hundred inhabitants, or any county of the first 4 classification with more than seventy -three thousand seven 5 hundred but less than seventy -three thousand eight hundred 6 inhabitants, or any county of the first classification with 7 more than one hundred eighty -four thousand but less than one 8 hundred eighty-eight thousand inhabitants, or any county 9 with a charter form of government and with more than one 10 million inhabitants, or any county with a charter form of 11 government and with more than two hundred fifty thousand but 12 less than three hundred fifty thousand inhabitan ts,] When 13 the revenue from the ambulance or fire protection district 14 sales tax is collected for distribution pursuant to section 15 321.552, the board of the ambulance or fire protection 16 district, after determining its budget for the year pursuant 17 to section 67.010 and the rate of levy needed to produce the 18 required revenue and after making any other adjustments to 19 the levy that may be required by any other law, shall reduce 20 the total operating levy of the district in an amount 21 sufficient to decrease the revenue it would have received 22 SS SCS SB 271 34 therefrom by an amount equal to fifty percent of the 23 previous fiscal year's sales tax receipts. Loss of revenue 24 due to a decrease in the assessed valuation of real property 25 located within the ambulance or fire protec tion district as 26 a result of general reassessment and from state -assessed 27 railroad and utility distributable property based upon the 28 previous fiscal year's receipts shall be considered in 29 lowering the rate of levy to comply with this section in the 30 year of general reassessment and in each subsequent year. 31 In the event that in the immediately preceding year the 32 ambulance or fire protection district actually received more 33 or less sales tax revenue than estimated, the ambulance or 34 fire protection district board may adjust its operating levy 35 for the current year to reflect such increase or decrease. 36 The director of revenue shall certify the amount payable 37 from the ambulance or fire protection district sales tax 38 trust fund to the general revenue fu nd to the state 39 treasurer. 40 2. Except that, in the first year in which any sales 41 tax is collected pursuant to section 321.552, any taxing 42 authority subject to this section shall not reduce the tax 43 rate as defined in section 137.073. 44 3. In a year of general reassessment, as defined by 45 section 137.073, or assessment maintenance as defined by 46 section 137.115 in which an ambulance or fire protection 47 district in reliance upon the information then available to 48 it relating to the total assessed valuation of such 49 ambulance or fire protection district revises its property 50 tax levy pursuant to section 137.073 or 137.115, and it is 51 subsequently determined by decisions of the state tax 52 commission or a court pursuant to sections 138.430 to 53 138.433 or due to clerical errors or corrections in the 54 SS SCS SB 271 35 calculation or recordation of assessed valuations that the 55 assessed valuation of such ambulance or fire protection 56 district has been changed, and but for such change the 57 ambulance or fire protection dist rict would have adopted a 58 different levy on the date of its original action, then the 59 ambulance or fire protection district may adjust its levy to 60 an amount to reflect such change in assessed valuation, 61 including, if necessary, a change in the levy red uction 62 required by this section to the amount it would have levied 63 had the correct assessed valuation been known to it on the 64 date of its original action, provided: 65 (1) The ambulance or fire protection district first 66 levies the maximum levy allow ed without a vote of the people 67 by Article X, Section 11(b) of the Constitution; and 68 (2) The ambulance or fire protection district first 69 adopts the tax rate ceiling otherwise authorized by other 70 laws of this state; and 71 (3) The levy adjustment or reduction may include a one - 72 time correction to recoup lost revenues the ambulance or 73 fire protection district was entitled to receive during the 74 prior year. 75 321.556. 1. [Except in any county of the first 1 classification with mo re than two hundred forty thousand 2 three hundred but less than two hundred forty thousand four 3 hundred inhabitants, or any county of the first 4 classification with more than seventy -three thousand seven 5 hundred but less than seventy -three thousand eight hundred 6 inhabitants, or any county of the first classification with 7 more than one hundred eighty -four thousand but less than one 8 hundred eighty-eight thousand inhabitants, or any county 9 with a charter form of government and with more than one 10 million inhabitants, or any county with a charter form of 11 SS SCS SB 271 36 government and with more than two hundred fifty thousand but 12 less than three hundred fifty thousand inhabitants, ] The 13 governing body of any ambulance or fire protection district, 14 when presented with a petition signed by at least twenty 15 percent of the registered voters in the ambulance or fire 16 protection district that voted in the last gubernatorial 17 election, calling for an election to repeal the tax pursuant 18 to section 321.552, shall submit the ques tion to the voters 19 using the same procedure by which the imposition of the tax 20 was voted. The ballot of submission shall be in 21 substantially the following form: 22 2. If a majority of the votes cast on the proposal by 36 the qualified voters of the district voting thereon are in 37 favor of repeal, that repeal shall become effective December 38 thirty-first of the calendar year in which such repeal was 39 approved. 40 537.038. Any person may, without compensation, render 1 emergency care or assistance at the scene of an emergency or 2 accident and shall not be liable for any civil damages for 3 acts or omissions other than damages occasioned by gross 4 23 24 25 26 27 28 29 30 Shall ______ (insert name of ambulance or fire protection district) repeal the ______ (insert amount up to one-half) of one percent sales tax now in effect in the ______ (insert name of ambulance or fire protection district) and reestablish the property ta x levy in the district to the rate in existence prior to the enactment of the sales tax? 31 □ YES □ NO 32 33 34 35 If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No". SS SCS SB 271 37 negligence or by willful or wanton acts or omissions by such 5 person in rendering such emergency care. 6