Missouri 2025 Regular Session

Missouri Senate Bill SB379 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 379
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR MOSLEY.
6	6	0047S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 85, RSMo, by adding thereto seventy-two new sections relating to police
9	9	protection districts, with penalty provisions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 85, RSMo, i s amended by adding thereto 1
13	13	seventy-two new sections, to be known as sections 85.1000, 2
14	14	85.1005, 85.1010, 85.1015, 85.1020, 85.1025, 85.1030, 85.1035, 3
15	15	85.1040, 85.1045, 85.1050, 85.1055, 85.1060, 85.1065, 85.1070, 4
16	16	85.1075, 85.1080, 85.1085, 85.1090, 85.1100 , 85.1105, 85.1110, 5
17	17	85.1115, 85.1120, 85.1125, 85.1130, 85.1135, 85.1140, 85.1145, 6
18	18	85.1150, 85.1155, 85.1160, 85.1165, 85.1170, 85.1175, 85.1180, 7
19	19	85.1185, 85.1190, 85.1195, 85.1200, 85.1205, 85.1210, 85.1215, 8
20	20	85.1220, 85.1225, 85.1230, 85.1235, 85.1240, 85 .1245, 85.1250, 9
21	21	85.1255, 85.1260, 85.1265, 85.1270, 85.1275, 85.1280, 85.1285, 10
22	22	85.1290, 85.1300, 85.1305, 85.1310, 85.1340, 85.1355, 85.1360, 11
23	23	85.1365, 85.1370, 85.1375, 85.1380, 85.1385, 85.1390, 85.1395, 12
24	24	and 85.1400, to read as follows:13
25	25	85.1000. 1. A "police protection district" is a 1
26	26	political subdivision which is organized and empowered to 2
27	27	supply protection by any available means to persons and 3
28	28	property against injuries and damage from crimes and from 4
29	29	hazards which do or may cause harm or inju ry to persons and 5
30	30	property, and which is also empowered to render first aid 6
31	31	for the purpose of saving lives, and to give assistance in 7
32	32	the event of an accident or emergency of any kind. The 8 SB 379 2
33	33	district shall consist of contiguous tracts or parcels of 9
34	34	property containing all or parts of one county, and may 10
35	35	include, in whole but not in part within its boundaries, or 11
36	36	may be contiguous, in whole but not in part, with, any city, 12
37	37	town, or village. 13
38	38	2. The word "board" as used in sections 85.1000 to 14
39	39	85.1400 shall mean the board of directors of a police 15
40	40	protection district. 16
41	41	3. Except as otherwise provided in sections 85.1000 to 17
42	42	85.1400, all elections herein provided for shall be held and 18
43	43	conducted and the returns thereof made, examined, and cast 19
44	44	up in the same manner and in all respects as in elections 20
45	45	for municipal, state, and county officers. 21
46	46	85.1005. 1. No person holding any lucrative office or 1
47	47	employment under this state, or any political subdivision 2
48	48	thereof as defined in section 70.120, shall hold the office 3
49	49	of police protection district director under sections 4
50	50	85.1000 to 85.1400. When any police protection district 5
51	51	director accepts any office or employment under this state 6
52	52	or any political subdivision thereof, h is or her office 7
53	53	shall thereby be vacated and he or she shall thereafter 8
54	54	perform no duty and receive no salary or expenses as police 9
55	55	protection district director. 10
56	56	2. This section shall not apply to an ex -officio 11
57	57	director, members of the organized militia, of the reserve 12
58	58	corps, and notaries public. 13
59	59	3. For the purposes of this section, the term 14
60	60	"lucrative office or employment" does not include receiving 15
61	61	retirement benefits, compensation for expenses, or a stipend 16
62	62	or per diem, in an amount not to exceed the standard state 17
63	63	per diem allowance for each day of service, for service 18 SB 379 3
64	64	rendered to a police protection district, the state, or any 19
65	65	political subdivision thereof. 20
66	66	85.1010. 1. Notwithstanding the provisions of sectio n 1
67	67	85.1005, no employee of any police protection district shall 2
68	68	serve as a member of any police district board while such 3
69	69	person is employed by any police protection district. 4
70	70	2. Notwithstanding any other provision of law to the 5
71	71	contrary, individual board members shall not be eligible for 6
72	72	employment by the board within twelve months of termination 7
73	73	of service as a member of the board unless such employment 8
74	74	is on a volunteer basis or without compensation. 9
75	75	85.1015. The voters residing in a proposed district, 1
76	76	may, as provided in sections 85.1000 to 85.1400, establish 2
77	77	police protection districts. 3
78	78	85.1020. The organization of a district shall be 1
79	79	initiated by a petition filed in the office of the clerk of 2
80	80	the county vested with jurisdiction in any county in which 3
81	81	all or part of the real property in the proposed district is 4
82	82	situated. The petition shall be signed by one hundred 5
83	83	voters or more of the district. 6
84	84	85.1025. The petition shall se t forth: 1
85	85	(1) The name of the proposed district consisting of a 2
86	86	chosen name preceding the words "police protection district"; 3
87	87	(2) An estimate of the number of inhabitants and of 4
88	88	the assessed valuation of the taxable tangible property of 5
89	89	the district, and of the yield from the intangible personal 6
90	90	property located in the district; 7
91	91	(3) The estimated cost of the proposed improvements; 8
92	92	(4) A general description of the boundaries of the 9
93	93	district or the territory to be included therein, and the 10
94	94	boundaries of three wards in which the district shall be 11
95	95	subdivided, with such certainty as to enable a property 12 SB 379 4
96	96	owner to determine whether or not his property is within the 13
97	97	district, and a plat of the proposed district; 14
98	98	(5) The wards shall be compact and contiguous and 15
99	99	contain equal populations as nearly as possible, and shall 16
100	100	be reapportioned, by the board of directors, within one 17
101	101	hundred eighty days after each decennial census is reported 18
102	102	to the president of the United States; 19
103	103	(6) Such other data and information as may be useful 20
104	104	to the voters in determining the necessity for the 21
105	105	organization of the district; and 22
106	106	(7) A prayer for the organization of the district. 23
107	107	85.1030. No petition with the requisi te signatures 1
108	108	shall be declared null and void on account of alleged 2
109	109	defects, but the county clerk may at any time permit the 3
110	110	petition to be amended to conform with the facts, by 4
111	111	correcting any errors in the description of the territory, 5
112	112	or in any other particular, except that the boundaries of 6
113	113	the district may not be enlarged by taking in additional 7
114	114	territory, without notice to the owners of the property thus 8
115	115	affected, which notice may be made by publication or service 9
116	116	of such pleadings and orders on the owners so affected. 10
117	117	Similar petitions or duplicate copies of the same petition 11
118	118	for the organization of the same district, revising the 12
119	119	boundaries of the proposed district, or recommending another 13
120	120	chosen name for the district, may be filed at an y time 14
121	121	before a hearing is had on the petition, and shall, together 15
122	122	with the first petition, be regarded as one petition, and 16
123	123	shall be considered by the county clerk the same as though 17
124	124	filed with the first petition placed on file. 18
125	125	85.1035. There shall be filed with the petition, or 1
126	126	petitions, a filing fee in the amount of one hundred dollars 2
127	127	to cover the payment of processing costs. 3 SB 379 5
128	128	85.1040. Immediately after the filing of such petition 1
129	129	or any amended petition changing the boundaries, the county 2
130	130	clerk wherein such petition is filed shall, by order, fix a 3
131	131	time and place not less than thirty days nor more than sixty 4
132	132	days after the petition is filed for a hearing thereon, and 5
133	133	thereupon the county clerk shall ca use notice by publication 6
134	134	to be made of the filing of the petition and the pendency of 7
135	135	the action and of the time and place of the hearing 8
136	136	thereon. The county clerk shall also forthwith cause a copy 9
137	137	of the notice to be mailed by United States register ed mail 10
138	138	to the governing body of each municipality having territory 11
139	139	within the proposed boundaries of the proposed district, and 12
140	140	to the county commission of each county in which the 13
141	141	proposed district lies. 14
142	142	85.1045. The county clerk in and for the county in 1
143	143	which the petition for the organization of a district has 2
144	144	been filed shall thereafter for all purposes of sections 3
145	145	85.1000 to 85.1400, except as otherwise provided, maintain 4
146	146	and have original and exclusive jurisdiction over all 5
147	147	matters connected with or affected by said district. No 6
148	148	county clerk wherein such petition is filed shall be 7
149	149	disqualified to perform any duty imposed by sections 85.1000 8
150	150	to 85.1400 by reason of ownership of property within the 9
151	151	proposed district. 10
152	152	85.1050. Upon the hearing if it shall appear that a 1
153	153	petition for the organization of a district has been signed 2
154	154	and presented pursuant to the provisions of sections 85.1000 3
155	155	to 85.1400, and that the allegations of the petition are 4
156	156	true, the county clerk shall, by order duly entered of 5
157	157	record, adjudicate all questions of jurisdiction, declare 6
158	158	the district organized, define the boundaries thereof, and 7
159	159	give it a corporate name by which in all proceedings it 8 SB 379 6
160	160	shall thereafter be known , and thereupon the district, 9
161	161	subject to the election herein provided, shall be a 10
162	162	political subdivision of the state of Missouri and a body 11
163	163	corporate with all the powers of like or similar 12
164	164	corporations. 13
165	165	85.1055. Upon the hearing if the county clerk finds 1
166	166	that the petition has not been signed, filed and presented 2
167	167	pursuant to the provisions of sections 85.1000 to 85.1400, 3
168	168	it shall dismiss the proceedings and adjudge the costs 4
169	169	against the sponsors of the petition, or petitions, in s uch 5
170	170	proportion as it deems just and equitable. Nothing herein 6
171	171	shall be construed to prevent the filing of a subsequent 7
172	172	petition, or petitions, for similar improvements or for a 8
173	173	similar district, and the right so to renew such proceeding 9
174	174	is hereby expressly granted and authorized. 10
175	175	85.1060. 1. The decree of incorporation shall not 1
176	176	become final and conclusive until it has been submitted to 2
177	177	an election of the voters residing within the boundaries 3
178	178	described in such decree, and until it has been assented to 4
179	179	by a majority vote of the voters of the district voting on 5
180	180	the question. The decree shall also provide for the holding 6
181	181	of the election to vote on the proposition of incorporating 7
182	182	the district, and to elect three persons to act as the 8
183	183	elected members of the first board of directors, and shall 9
184	184	fix the date for holding the election on the first general 10
185	185	municipal election date to vote on a tax pursuant to section 11
186	186	85.1150 following entry of the decree in which notice of 12
187	187	election may be issued sufficiently in advance of the 13
188	188	election according to law. 14
189	189	2. The question shall be submitted in substantially 15
190	190	the following form: 16 SB 379 7
191	191	3. The proposition of electing the first board of 20
192	192	directors or the election of subsequent directors may be 21
193	193	submitted on a separate ballot or on the same ballot which 22
194	194	contains any other proposition of the police prot ection 23
195	195	district. The ballot to be used for the election of a 24
196	196	director or directors shall be substantially in the 25
197	197	following form: 26
198	198	4. If a majority of the voters voting on the 41
199	199	proposition or propositions voted in favor of the 42
200	200	proposition to incorporate the district, then the county 43
201	201	clerk shall enter its further order dec laring the decree of 44
202	202	incorporation to be final and conclusive. In the event, 45
203	203	however, that the county clerk finds that a majority of the 46
204	204	17
205	205	18
206	206	Shall there be incorporated a police protection
207	207	district?
208	208
209	209	19 □ YES □ NO
210	210	27 OFFICIAL BALLOT
211	211	28 Instruction to voters:
212	212	29
213	213	30
214	214	31
215	215	32
216	216	Place a cross (X) mark in the square opposite the
217	217	name of the candidate or candidates you favor.
218	218	(Here state the number of directors to be elected
219	219	and their term of office.)
220	220
221	221	33 ELECTION
222	222	34
223	223	35
224	224	(Here insert name of district.) Police Protection
225	225	District. (Here insert date of election.)
226	226
227	227	36 FOR BOARD OF DIRECTORS
228	228	37 WARD (#)
229	229	38 □ ____________ (name of candidate)
230	230	39 □ ____________ (name of candidate)
231	231	40 □ ____________ (name of candidate) SB 379 8
232	232	voters voting thereon voted against the proposition to 47
233	233	incorporate the district, then the county clerk shall enter 48
234	234	its further order declaring the decree of incorporation to 49
235	235	be void and of no effect. If the county clerk enters an 50
236	236	order declaring the decree of incorporation to be final and 51
237	237	conclusive, it shall at the same time designate the first 52
238	238	board of directors of the district who have been elected by 53
239	239	the voters voting thereon. The person elected from ward 1 54
240	240	shall hold office for a term of one year, the person elected 55
241	241	from ward 2 shall hold office for a term of two years, and 56
242	242	the person elected from ward 3 shall hold office for a term 57
243	243	of three years from the date of the election of the first 58
244	244	board of directors and until their successors are duly 59
245	245	elected and qualified. Thereafter, the elected members of 60
246	246	the board shall be elected to serve terms of thre e years and 61
247	247	until their successors are duly elected and qualified. The 62
248	248	county clerk shall at the same time enter an order of record 63
249	249	declaring the result of the election on the proposition, if 64
250	250	any, to incur bonded indebtedness. 65
251	251	5. Notwithstanding the provisions of subsections 1 to 66
252	252	4 of this section to the contrary, the mayor of each 67
253	253	municipality and chairperson of each village included within 68
254	254	the police protection district shall be an ex -officio member 69
255	255	of the board of directors so long as he o r she shall hold 70
256	256	the office of mayor or chairperson, with all of the same 71
257	257	rights, privileges, and duties as an elected director. 72
258	258	85.1065. A person, to be qualified to serve as an 1
259	259	elected director, shall be a resident and voter of t he 2
260	260	district and the ward from which he or she shall represent 3
261	261	for at least one year before the election or appointment and 4
262	262	be over the age of twenty -four years. In the event the 5
263	263	person is no longer a resident of the district or the ward 6 SB 379 9
264	264	from which he or she was elected, the person's office shall 7
265	265	be vacated, and the vacancy shall be filled as provided in 8
266	266	section 85.1110. Nominations and declarations of candidacy 9
267	267	shall be filed at the headquarters of the police protection 10
268	268	district by paying a filin g fee equal to the amount of a 11
269	269	candidate for county office as set forth under section 12
270	270	115.357, and filing a statement under oath that such person 13
271	271	possesses the required qualifications. Thereafter, such 14
272	272	candidate shall have the candidate's name placed on the 15
273	273	ballot as a candidate for director. The names of candidates 16
274	274	for each office shall be listed in the order in which they 17
275	275	are filed; provided, however, that on the first day for 18
276	276	filing declaration of candidacies, a random drawing shall be 19
277	277	held. 20
278	278	85.1070. If a final order be entered establishing the 1
279	279	district, such order shall be deemed final and conclusive, 2
280	280	and no appeal or writ of error shall lie therefrom, and the 3
281	281	entry of such order shall finally and conclusively establis h 4
282	282	the regular organization of said district against all 5
283	283	persons except the state of Missouri, in an action in the 6
284	284	nature of a writ of quo warranto, commenced by the attorney 7
285	285	general within thirty days after said decree declaring such 8
286	286	district finally organized as herein provided and not 9
287	287	otherwise. The organization of such district shall not be 10
288	288	directly or collaterally questioned in any suit, action, or 11
289	289	proceeding except as herein expressly authorized. 12
290	290	85.1075. Within thirty days after the final order of 1
291	291	the county in which the district has been declared a public 2
292	292	corporation, the county clerk of that county shall transmit 3
293	293	to the recorder of deeds in each county in which the 4
294	294	district is located copies of the findings and decree s of 5
295	295	the county clerk incorporating the district. The same shall 6 SB 379 10
296	296	be filed in the same manner as articles of incorporation are 7
297	297	required to be filed under the general laws concerning 8
298	298	corporations, and each recorder and clerk shall receive a 9
299	299	fee of one dollar for filing and preserving the same. 10
300	300	85.1080. Whenever a district has been declared duly 1
301	301	and finally organized, the members of the board shall 2
302	302	thereafter qualify within fifteen days by filing with the 3
303	303	county clerk their oaths o f office, which shall be in the 4
304	304	form prescribed by the constitution, and such board members 5
305	305	shall also file with the county clerk corporate surety bonds 6
306	306	to be furnished at the expense of the district in an amount 7
307	307	not to exceed one thousand dollars each , the form and amount 8
308	308	thereof to be fixed and approved by the county having 9
309	309	jurisdiction, and said bonds to be conditioned for the 10
310	310	faithful performance of their duties as directors. For the 11
311	311	first board of directors the county shall advance the cost 12
312	312	of the bonds until reimbursed by the district upon receipt 13
313	313	of tax funds. 14
314	314	85.1085. 1. All members of the board of directors of 1
315	315	a police protection district first elected or first serving 2
316	316	in an ex-officio capacity, shall attend and com plete an 3
317	317	educational seminar or conference or other suitable training 4
318	318	on the role and duties of a board member of a police 5
319	319	protection district. The training required under this 6
320	320	section shall be conducted by an entity approved by the 7
321	321	director of the department of public safety. The director 8
322	322	of the department of public safety shall determine the 9
323	323	content of the training to fulfill the requirements of this 10
324	324	section. Such training shall include, at a minimum: 11
325	325	(1) Information relating to the roles and duties of a 12
326	326	police protection district director; 13 SB 379 11
327	327	(2) A review of all state statutes and regulations 14
328	328	relevant to police protection districts; 15
329	329	(3) State ethics laws; 16
330	330	(4) State sunshine laws, chapter 610; 17
331	331	(5) Financial and fiduciary responsibility; 18
332	332	(6) State laws relating to the setting of tax rates; 19
333	333	and 20
334	334	(7) State laws relating to revenue limitations. 21
335	335	2. If any police protection district board member 22
336	336	fails to attend a training session within twelve months 23
337	337	after taking office, the board member shall not be 24
338	338	compensated for attendance at meetings thereafter until the 25
339	339	board member has completed such training session. 26
340	340	85.1090. After taking their oaths and filing their 1
341	341	bonds, the board shall c hoose one of its members as chair of 2
342	342	the board and president of the district, and shall elect a 3
343	343	secretary and a treasurer of the board and of the district, 4
344	344	who may or may not be members of the board. The secretary 5
345	345	and the treasurer may be one person. Such board shall adopt 6
346	346	a seal, and the secretary shall keep in a well -bound book a 7
347	347	record of all its proceedings, minutes of all meetings, 8
348	348	certificates, contracts, bonds given by employees, and a 9
349	349	record of corporate acts, which shall be open to inspec tion 10
350	350	of all owners of property in the district, as well as to all 11
351	351	other interested parties. 12
352	352	85.1100. The treasurer shall keep strict and accurate 1
353	353	accounts of all money received by and disbursed for and on 2
354	354	behalf of the district in p ermanent records. He or she 3
355	355	shall file with the clerk of the county, at the expense of 4
356	356	the district, a corporate fidelity bond in an amount to be 5
357	357	determined by the board for not less than five thousand 6
358	358	dollars, conditioned on the faithful performance of the 7 SB 379 12
359	359	duties of his or her office. He or she shall file in the 8
360	360	office of the county clerk of each county in which all or 9
361	361	part of the district lies a detailed financial statement for 10
362	362	the preceding fiscal year of the district on behalf of the 11
363	363	board, on or before April first of the following year. 12
364	364	85.1105. Each member of the board may receive an 1
365	365	attendance fee not to exceed one hundred dollars for 2
366	366	attending each regularly called board meeting, or special 3
367	367	meeting, but shall not be paid for attending more than two 4
368	368	in any calendar month, except that in counties with a 5
369	369	charter form of government, he or she shall not be paid for 6
370	370	attending more than four in any calendar month. However, no 7
371	371	board member shall be paid more than one att endance fee if 8
372	372	such member attends more than one board meeting in a 9
373	373	calendar week. In addition, the chairman of the board of 10
374	374	directors may receive fifty dollars for attending each 11
375	375	regularly or specially called board meeting, but shall not 12
376	376	be paid the additional fee for attending more than two 13
377	377	meetings in any calendar month. Each member of the board 14
378	378	shall be reimbursed for his or her actual expenditures in 15
379	379	the performance of his or her duties on behalf of the 16
380	380	district. The secretary and the treas urer, if members of 17
381	381	the board of directors, may each receive such additional 18
382	382	compensation for the performance of their respective duties 19
383	383	as secretary and treasurer as the board shall deem 20
384	384	reasonable and necessary, not to exceed one thousand dollars 21
385	385	per year. The court having jurisdiction over the district 22
386	386	shall have power to remove directors for good cause shown as 23
387	387	set forth in section 106.220 upon a petition, notice, and 24
388	388	hearing. 25
389	389	85.1110. 1. Except as otherwise provided in 1
390	390	subsection 3 of this section, the board shall meet 2 SB 379 13
391	391	regularly, not less than once each month, at a time and at 3
392	392	some building in the district to be designated by the 4
393	393	board. Notice of the time and place of future regular 5
394	394	meetings shall be posted continuous ly at the police station 6
395	395	or police stations of the district. Additional meetings may 7
396	396	be held, when the needs of the district so require, at a 8
397	397	place regular meetings are held, and notice of the time and 9
398	398	place shall be given to each member of the board. Meetings 10
399	399	of the board shall be held and conducted in the manner 11
400	400	required by the provisions of chapter 610. All minutes of 12
401	401	meetings of the board and all other records of the police 13
402	402	protection district shall be available for public inspection 14
403	403	at the main police station within the district by 15
404	404	appointment with the secretary of the board within one week 16
405	405	after a written request is made between the hours of 8:00 17
406	406	a.m. and 5:00 p.m. every day except Sunday. A majority of 18
407	407	the members of the board shall c onstitute a quorum at any 19
408	408	meeting and no business shall be transacted unless a quorum 20
409	409	is present. The board, acting as a board, shall exercise 21
410	410	all powers of the board, without delegation thereof to any 22
411	411	other governmental or other body or entity or ass ociation, 23
412	412	and without delegation thereof to less than a quorum of the 24
413	413	board. Agents, employees, engineers, auditors, attorneys, 25
414	414	police officers, and any other member of the staff of the 26
415	415	district may be employed or discharged only by a board which 27
416	416	includes at least two directors; but any board of directors 28
417	417	may suspend from duty any such person or staff member who 29
418	418	willfully and deliberately neglects or refuses to perform 30
419	419	his or her regular functions. Any member of the board of 31
420	420	directors who fails t o attend four meetings in succession, 32
421	421	without being excused by the remaining members of the board, 33
422	422	shall result in a forfeiture of office. The district shall 34 SB 379 14
423	423	maintain a website. Notices of meetings, minutes, proposed 35
424	424	and adopted ordinances, and month ly and annual financial 36
425	425	reports shall be published on the district's website. 37
426	426	2. Any vacancy on the board shall be filled by the 38
427	427	remaining members of the board. The appointee or appointees 39
428	428	shall act until the next general municipal election 40
429	429	following said vacancy in which notice of election may be 41
430	430	given sufficiently in advance and in accordance with law to 42
431	431	serve the remainder of the unexpired term. 43
432	432	3. Notwithstanding any provision of sections 610.015 44
433	433	and 610.020 to the contrary, when Mis souri is activated for 45
434	434	deployment by the federal emergency management agency, state 46
435	435	emergency management agency, or statewide mutual aid, a 47
436	436	quorum of the board of directors of the affiliated police 48
437	437	protection district may meet in person, via telephone, 49
438	438	facsimile, internet, or any other voice or electronic means, 50
439	439	without public notice, in order to authorize by roll call 51
440	440	vote the disbursement of funds necessary for the deployment. 52
441	441	4. In the event action is necessary under subsection 3 53
442	442	of this section, the board of directors of the affiliated 54
443	443	police protection district shall keep minutes of the 55
444	444	emergency meeting and disclose during the next regularly 56
445	445	scheduled meeting of the board that the emergency meeting 57
446	446	was held, the action that precipitat ed calling the emergency 58
447	447	meeting without notice, and that the minutes of the 59
448	448	emergency meeting are available as a public record of the 60
449	449	board. 61
450	450	85.1115. On the first Tuesday in April after the 1
451	451	expiration of at least one full calendar year from the date 2
452	452	of the election of the elected members of the first board of 3
453	453	directors, and on the first Tuesday in April every one year 4
454	454	thereafter, an election for elected members for members of 5 SB 379 15
455	455	the board of directors shall be held in the district. 6
456	456	Nominations shall be filed at the headquarters of the police 7
457	457	protection district in which a majority of the district is 8
458	458	located by paying a filing fee equal to the amount of a 9
459	459	candidate for county office as set forth under section 10
460	460	115.357 and filing a statement under oath that the candidate 11
461	461	possesses the required qualifications. The candidate 12
462	462	receiving the most votes shall be elected. Any new member 13
463	463	of the board shall qualify in the same manner as the members 14
464	464	of the first board qualify. 15
465	465	85.1120. For the purpose of providing police 1
466	466	protection to the persons and property within the district, 2
467	467	the district and, on its behalf, the board shall have the 3
468	468	following powers, authority, and privileges: 4
469	469	(1) To have perpetual existence; 5
470	470	(2) To have and use a corporate seal; 6
471	471	(3) To sue and be sued, and be a party to suits, 7
472	472	actions, and proceedings; 8
473	473	(4) To enter into contracts, franchises and agreements 9
474	474	with any person, partnership, association or corporat ion, 10
475	475	public or private, affecting the affairs of the district, 11
476	476	including contracts with any municipality, district or 12
477	477	state, or the United States of America, and any of their 13
478	478	agencies, political subdivisions or instrumentalities, for 14
479	479	the planning, development, construction, acquisition or 15
480	480	operation of any public improvement or facility, or for a 16
481	481	common service relating to the control or prevention of 17
482	482	crime, including the installation, operation and maintenance 18
483	483	of police alarm systems; provided, tha t a notice shall be 19
484	484	published for bids on all construction or purchase contracts 20
485	485	for work or material or both, outside the authority 21 SB 379 16
486	486	contained in subdivision (9) of this section, involving an 22
487	487	expense of ten thousand dollars or more; 23
488	488	(5) Upon approval of the voters as herein provided, to 24
489	489	borrow money and incur indebtedness and evidence the same by 25
490	490	certificates, notes, or debentures, and to issue bonds, in 26
491	491	accordance with the provisions of sections 85.1000 to 27
492	492	85.1265; 28
493	493	(6) To acquire, construct, purchase, maintain, dispose 29
494	494	of, and encumber real and personal property, police 30
495	495	stations, police protection and police -fighting apparatus 31
496	496	and auxiliary equipment therefor, and any interest therein, 32
497	497	including leases and easements; 33
498	498	(7) To refund any bonded indebtedness of the district 34
499	499	without an election. The terms and conditions of refunding 35
500	500	bonds shall be substantially the same as those of the 36
501	501	original issue of bonds, and the board shall provide for the 37
502	502	payment of interest, not to excee d the legal rate, and the 38
503	503	principal of such refunding bonds in the same manner as is 39
504	504	provided for the payment of interest and principal of bonds 40
505	505	refunded; 41
506	506	(8) To have the management, control, and supervision 42
507	507	of all the business and affairs of the district, and the 43
508	508	construction, installation, operation, and maintenance of 44
509	509	district improvements therein; 45
510	510	(9) To hire and retain agents, employees, engineers, 46
511	511	and attorneys, including part -time or volunteer commissioned 47
512	512	officers or police; 48
513	513	(10) To have and exercise the power of eminent domain 49
514	514	and in the manner provided by law for the condemnation of 50
515	515	private property for public use to take any property within 51
516	516	the district necessary to exercise the powers herein granted; 52 SB 379 17
517	517	(11) To receive and accept by bequest, gift, or 53
518	518	donation any kind of property. Notwithstanding any other 54
519	519	provision of law to the contrary, any property received by 55
520	520	the police protection district as a gift or any property 56
521	521	purchased by the police protection distri ct at a price below 57
522	522	the actual market value of the property may be returned to 58
523	523	the donor or resold to the seller if such property is not 59
524	524	used for the specific purpose for which it was acquired; 60
525	525	(12) To adopt and amend bylaws, administrative 61
526	526	ordinances, and any other rules and regulations not in 62
527	527	conflict with the constitution and laws of this state, 63
528	528	necessary for the carrying on of the business, objects, and 64
529	529	affairs of the board and of the district, and refer to the 65
530	530	proper authorities for prose cution any infraction thereof 66
531	531	detrimental to the district. Any person violating any such 67
532	532	ordinance is hereby declared to be guilty of a misdemeanor, 68
533	533	and upon conviction thereof shall be punished as is provided 69
534	534	by law therefor. The prosecuting attorne y for the county in 70
535	535	which the violation occurs shall prosecute such violations 71
536	536	in the city of that county. The legal officer or attorney 72
537	537	for the police district may be appointed by the prosecuting 73
538	538	attorney as special assistant prosecuting attorney for the 74
539	539	prosecution of any such violation. The enactments of the 75
540	540	police district in delegating administrative authority to 76
541	541	officials of the district may provide standards of action 77
542	542	for the administrative officials, which standards are 78
543	543	declared as industrial codes adopted by nationally organized 79
544	544	and recognized trade bodies. The board shall have the power 80
545	545	to adopt an ordinance, rule, or regulation allowing the 81
546	546	district to charge individuals who reside outside of the 82
547	547	district, but who receive emergency services within the 83
548	548	boundaries of the district, for the actual and reasonable 84 SB 379 18
549	549	cost of such services. However, such actual and reasonable 85
550	550	costs shall not exceed one hundred dollars for responding to 86
551	551	each police call or alarm and two hundred fifty doll ars for 87
552	552	each hour or a proportional sum for each quarter hour spent 88
553	553	in combating a crime or emergency; 89
554	554	(13) To pay all county costs and expenses connected 90
555	555	with the first election or any subsequent election in the 91
556	556	district; 92
557	557	(14) To have and exercise all rights and powers 93
558	558	necessary or incidental to or implied from the specific 94
559	559	powers granted herein. Such specific powers shall not be 95
560	560	considered as a limitation upon any power necessary or 96
561	561	appropriate to carry out the purposes and intent of sections 97
562	562	85.1000 to 85.1400; 98
563	563	(15) To provide for health, accident, disability, and 99
564	564	pension benefits for the salaried members of its organized 100
565	565	police department of the district and such other benefits 101
566	566	for their spouses and eligible unemancipated c hildren, 102
567	567	through either or both a contributory or noncontributory 103
568	568	plan. For purposes of this section, "eligible unemancipated 104
569	569	child" means a natural or adopted child of an insured, or a 105
570	570	stepchild of an insured who is domiciled with the insured, 106
571	571	who is less than twenty-three years of age, who is not 107
572	572	married, not employed on a full -time basis, not maintaining 108
573	573	a separate residence except for full -time students in an 109
574	574	accredited school or institution of higher learning, and who 110
575	575	is dependent on parents or guardians for at least fifty 111
576	576	percent of his or her support. The type and amount of such 112
577	577	benefits shall be determined by the board of directors of 113
578	578	the police protection district within the level of available 114
579	579	revenues of the pension program and other available revenues 115
580	580	of the district. If an employee contributory plan is 116 SB 379 19
581	581	adopted, then at least one voting member of the board of 117
582	582	trustees shall be a member of the police district elected by 118
583	583	the contributing members, which shall not be the same as the 119
584	584	board of directors; 120
585	585	(16) To contract with any municipality that is 121
586	586	contiguous to a police protection district for the police 122
587	587	protection district to provide police protection to the 123
588	588	municipality for a fee as hereinafter provided; 124
589	589	(17) To provide for life insurance, accident, 125
590	590	sickness, health, disability, annuity, length of service, 126
591	591	pension, retirement, and other employee -type fringe 127
592	592	benefits, subject to the provisions of section 70.615, for 128
593	593	the volunteer members of any organized police d epartment of 129
594	594	the district and such other benefits for their spouses and 130
595	595	eligible unemancipated children, through either a 131
596	596	contributory or noncontributory plan, or both. For purposes 132
597	597	of this section, "eligible unemancipated child" means a 133
598	598	natural or adopted child of an insured, or a stepchild of an 134
599	599	insured who is domiciled with the insured, who is less than 135
600	600	twenty-three years of age, who is not married, not employed 136
601	601	on a full-time basis, not maintaining a separate residence 137
602	602	except for full-time students in an accredited school or 138
603	603	institution of higher learning, and who is dependent on 139
604	604	parents or guardians for at least fifty percent of his or 140
605	605	her support. The type and amount of such benefits shall be 141
606	606	determined by the board of directors of the p olice 142
607	607	protection district within available revenues of the 143
608	608	district, including the pension program of the district. 144
609	609	The provision and receipt of such benefits shall not make 145
610	610	the recipient an employee of the district. Directors who 146
611	611	are also volunteer members may receive such benefits while 147
612	612	serving as a director of the district; 148 SB 379 20
613	613	(18) To contract for services with any rural, 149
614	614	volunteer, or subscription police department or 150
615	615	organization, or volunteer police protection association, as 151
616	616	defined in section 85.1195, for the purpose of providing the 152
617	617	benefits described in subdivision (17) of this section. 153
618	618	85.1125. The amount to be paid annually by the 1
619	619	municipality to the police district pursuant to subdivision 2
620	620	(16) of section 85.1 120 shall be the annual assessed value 3
621	621	of all property subject to tax in the municipality 4
622	622	determined from the tax assessment ledgers, and including 5
623	623	public utilities and intangible property within such area, 6
624	624	multiplied by the annual tax rate as certifie d by the police 7
625	625	protection district to the municipality, but not including 8
626	626	any portion of the tax rate of service provided by the 9
627	627	district, per one hundred dollars of assessed value in such 10
628	628	area. The tax rate so computed shall include any tax on 11
629	629	bonded indebtedness incurred by the district prior to 12
630	630	entering into such contract, but shall not include any of 13
631	631	the tax rate for bonded indebtedness incurred during the 14
632	632	term that the contract is in force. 15
633	633	85.1130. Notwithstanding any pro vision in this section 1
634	634	to the contrary, a police protection district may enter into 2
635	635	a contract with a county, city, town, or village to assist 3
636	636	in police protection services. 4
637	637	85.1135. Notwithstanding any other provision of law to 1
638	638	the contrary, any police protection district may contract 2
639	639	with any municipality or village that does not operate its 3
640	640	own police department to provide police protection services 4
641	641	for a fee to any area of the municipality or village that 5
642	642	does not belong to t he police protection district. In such 6
643	643	event, the municipality and the police protection district 7
644	644	shall, by ordinance duly enacted by the governing board of 8 SB 379 21
645	645	each, agree upon the terms by which such police protection 9
646	646	shall be furnished. The agreement may provide for the 10
647	647	payment of a stated sum per year upon any method of 11
648	648	compensation for such police protection that is agreed upon 12
649	649	by the police district and the municipality entering into 13
650	650	such contract; provided that any contract for a period 14
651	651	longer than five years shall have no binding force until 15
652	652	ratified by a majority of the voters in the police district 16
653	653	and the municipality entering into such a contract. The 17
654	654	mayor of any municipality and chair of any village entering 18
655	655	into such contract, shal l serve, ex-officio, as a member of 19
656	656	the board of directors. 20
657	657	85.1140. For the purpose of providing revenue for such 1
658	658	districts, the board shall have the power and authority to 2
659	659	order the levy and collection of ad valorem taxes on and 3
660	660	against all taxable tangible property within the district, 4
661	661	and to make timely demand and to sue for and collect any and 5
662	662	all other taxes, contributions, or allocations to which the 6
663	663	district may be entitled. 7
664	664	85.1145. To levy and collect taxes as herein provided, 1
665	665	the board shall in each year determine the amount of money 2
666	666	necessary to be raised by taxation, and shall fix a rate of 3
667	667	levy which, when levied upon every dollar of the taxable 4
668	668	tangible property within the district as shown by the last 5
669	669	completed assessment, and with other revenues, will raise 6
670	670	the amount required by the district annually to supply funds 7
671	671	for paying the expenses of organization and operation and 8
672	672	the costs of acquiring, supplying, and maintaining the 9
673	673	property, works, and equipment of the district, and maintain 10
674	674	the necessary personnel, which rate of levy shall not exceed 11
675	675	thirty cents on the one hundred dollars valuation; may fix 12
676	676	an additional rate, not to exceed ten cents on the hundred 13 SB 379 22
677	677	dollars valuation, th e revenues from which shall be 14
678	678	deposited in a special fund and used only for the pension 15
679	679	program of the district, by submitting the following 16
680	680	question to the voters: 17
681	681	Provided, that if the question fails to receive a majority 25
682	682	of the votes cast, it shall not be resubmitted to the voters 26
683	683	within one year after the election; except, that any 27
684	684	district may impose a tax not to exceed ten cents on the one 28
685	685	hundred dollars valuation, in addition to the rate which the 29
686	686	board may levy under this section, by submitting the 30
687	687	following question to the voters at any election in such 31
688	688	district at which a member of the board of directors is to 32
689	689	be elected: 33
690	690	In addition thereto, to fix a rate of levy which will enable 38
691	691	it to promptly pay in full when due all interest on and 39
692	692	principal of bonds and other obligations of the district, 40
693	693	and to pay any indebtedness authorized by a vote of the 41
694	694	people as provided in section s 85.1000 to 85.1400; and in 42
695	695	the event of accruing defaults or deficiencies in the bonded 43
696	696	18
697	697	19
698	698	20
699	699	21
700	700	22
701	701	23
702	702	24
703	703	Shall the board of directors of ______ Pol ice
704	704	Protection District be authorized to increase the
705	705	annual tax rate from ______ cents to ______ cents
706	706	per one hundred dollars valuation, the revenues
707	707	from which shall be deposited in a special fund
708	708	and used only for the pension program of the
709	709	district?
710	710
711	711	34
712	712	35
713	713	36
714	714	37
715	715	Shall the board of directors of ______ Police
716	716	Protection District be authorized to increase the
717	717	annual tax rate from ______ cents to ______ cents
718	718	on the hundred dollars assessed valuation?
719	719	SB 379 23
720	720	or contractual indebtedness, an additional levy may be made 44
721	721	as provided in section 85.1175. 45
722	722	85.1150. 1. The board of directors of any police 1
723	723	protection district may levy, if a majority of the voters of 2
724	724	the district voting thereon approve, in addition to all 3
725	725	other taxes heretofore approved, an additional tax of not 4
726	726	more than twenty-five cents per one hundred dollars of 5
727	727	assessed valuation t o be used for the support of the 6
728	728	district. The proposition to levy the tax authorized by 7
729	729	this subsection may be submitted by the board of directors 8
730	730	at the first annual election of the members of the board. A 9
731	731	separate ballot containing the question sh all read as 10
732	732	follows: 11
733	733	If a majority of the qualified vo ters casting votes thereon 21
734	734	be in favor of the question, the board of directors shall 22
735	735	accordingly levy a tax in accordance with the provisions of 23
736	736	this subsection, but if a majority of the voters casting 24
737	737	votes thereon do not vote in favor of the levy aut horized by 25
738	738	this subsection, any levy previously authorized shall remain 26
739	739	in effect. 27
740	740	2. The board of directors of any police protection 28
741	741	district may levy, if a majority of the voters of the 29
742	742	12
743	743	13
744	744	14
745	745	15
746	746	16
747	747	Shall the board of directors of the ______ Police
748	748	Protection District be authorized to levy an
749	749	additional tax of not more than twenty -five cents
750	750	on the one hundred dollars assessed valuation to
751	751	provide funds for the support of the district?
752	752
753	753	17 □ FOR THE PROPOSITION
754	754	18 □ AGAINST THE PROPOSITION
755	755	19
756	756	20
757	757	(Place an X in the square opposite the one for
758	758	which you wish to vote.)
759	759	SB 379 24
760	760	district voting thereon approve, in addition to all other 30
761	761	taxes heretofore approved, an additional tax of not more 31
762	762	than ten cents per one hundred dollars of assessed valuation 32
763	763	to be used for the support of the district. However, if the 33
764	764	majority of the voters of the district approved the tax 34
765	765	pursuant to subsection 1 of this section, the board of 35
766	766	directors of any police protection district may levy an 36
767	767	additional tax of not more than twenty -five cents per one 37
768	768	hundred dollars of assessed valuation to be used for the 38
769	769	support of the district. The proposition to levy the tax 39
770	770	authorized by this subsection may be submitted by the board 40
771	771	of directors at the next annual election of the members of 41
772	772	the board or at any regular municipal or school election 42
773	773	conducted by the county clerk or board of election 43
774	774	commissioners in such district or at a special election 44
775	775	called for the purpose, or upon petition of five hundred 45
776	776	registered voters of the district. A separate ballot 46
777	777	containing the question shall read as follows: 47
778	778	If a majority of the qualified voters casting votes thereon 57
779	779	be in favor of the ques tion, the board of directors shall 58
780	780	accordingly levy a tax in accordance with the provisions of 59
781	781	this subsection, but if a majority of the voters casting 60
782	782	48
783	783	49
784	784	50
785	785	51
786	786	52
787	787	Shall the board of directors of the ______ Police
788	788	Protection District be authorized to levy an
789	789	additional tax of not more than ten cents on the
790	790	one hundred dollars assessed valuation to provide
791	791	funds for the support of the district?
792	792
793	793	53 □ FOR THE PROPOSITION
794	794	54 □ AGAINST THE PROPOSITION
795	795	55
796	796	56
797	797	(Place an X in the square opposite the one for
798	798	which you wish to vote.)
799	799	SB 379 25
800	800	votes thereon do not vote in favor of the levy authorized by 61
801	801	this subsection, any levy previously au thorized shall remain 62
802	802	in effect. 63
803	803	85.1155. 1. Notwithstanding any other provision of 1
804	804	law to the contrary, an additional tax of not to exceed 2
805	805	three cents per one hundred dollars of assessed valuation 3
806	806	may be levied and collected by any city, town, village, 4
807	807	county, or police protection district, or a central police 5
808	808	and emergency services board established in subsection 4 of 6
809	809	this section. All the funds derived from such tax, 7
810	810	including any existing surplus funds, shall be used for the 8
811	811	purpose of establishing and providing a joint central police 9
812	812	and emergency dispatching service and for expenditures for 10
813	813	equipment and services, except for salaries, wages, and 11
814	814	benefits, by cities, towns, villages, counties, or police 12
815	815	protection districts which contract with such joint central 13
816	816	police and emergency dispatching service. 14
817	817	2. The additional tax prescribed by this section shall 15
818	818	be levied only when the governing body of the city, town, 16
819	819	village, county, police protection district, or central 17
820	820	police and emergency services board determines that a 18
821	821	central police and emergency dispatching center will meet 19
822	822	the minimum requirements set by section 85.1165, and, except 20
823	823	where a central police and emergency services board is 21
824	824	established in accordance with subsection 4 of this section, 22
825	825	when the governing body has entered into a contract with the 23
826	826	center for police and emergency dispatching services. The 24
827	827	funds from the tax shall be kept separate and apart from all 25
828	828	other funds of the cit y, town, village, county, police 26
829	829	protection district, or central police and emergency 27
830	830	services board and shall be paid out only on order of the 28
831	831	governing body. Except as provided in subsection 4 of this 29 SB 379 26
832	832	section, all funds received by such center, and all 30
833	833	operations of such center shall be governed and controlled 31
834	834	by a board of directors consisting of one member from each 32
835	835	such agency using the joint central police and emergency 33
836	836	dispatching service. Except as otherwise provided in 34
837	837	subsection 4 of this section, in any county, city, town, or 35
838	838	village, where a tax -supported police protection district is 36
839	839	provided emergency dispatching services by any form of joint 37
840	840	communication organization or emergency dispatching center, 38
841	841	receiving directly or indire ctly any funds so levied and 39
842	842	collected as provided in this section including any funds or 40
843	843	tariffs paid by telephone subscribers for 911 emergency 41
844	844	service, such joint communication organization, however 42
845	845	organized, shall be governed by a board of directo rs, and 43
846	846	the board of directors shall consist in part of one member 44
847	847	appointed by each county, city, town, village, or tax - 45
848	848	supported police protection district so served. The members 46
849	849	shall be an elected official of a police protection 47
850	850	district, ambulance district, or city council appointed by 48
851	851	each such agency to serve for a one -year term or until a 49
852	852	successor is duly appointed. 50
853	853	3. In addition to the tax prescribed by subsections 1 51
854	854	and 2 of this section, an additional tax of not to exceed 52
855	855	two cents per one hundred dollars of assessed valuation 53
856	856	which has been approved by the voters may be levied and 54
857	857	collected by any city, town, village, county, or police 55
858	858	protection district, or a central police and emergency 56
859	859	services board established in subse ction 4 of this section 57
860	860	of a county of the first classification with a charter form 58
861	861	of government which has a population between two hundred 59
862	862	thousand and five hundred thousand inhabitants, but all of 60
863	863	the funds derived from such tax shall be used solely for the 61 SB 379 27
864	864	purpose of establishing and providing a joint central police 62
865	865	and emergency dispatching service. 63
866	866	85.1160. 1. Any police protection district which has 1
867	867	revised or reduced any levy which it has been authorized to 2
868	868	impose under the provisions of section 85.1145, 85.1150, 3
869	869	85.1155, or 85.1350, under any provision of the constitution 4
870	870	or laws of this state, may increase each such revised or 5
871	871	reduced levy up to, but not in excess of, the maximum limits 6
872	872	allowed under the section aut horizing the rate of levy 7
873	873	sought to be increased by submitting the following 8
874	874	proposition to the voters of the district at any primary, 9
875	875	general, or special election: 10
876	876	2. If any of the propositions submitted under 17
877	877	subsection 1 of this section is approved by a majority of 18
878	878	the voters of the district voting thereon, the board of 19
879	879	directors may increase the levy which was the subject of 20
880	880	such proposition to the amount authorized by such 21
881	881	proposition. 22
882	882	85.1165. 1. No central police and emergency 1
883	883	dispatching center shall qualify to receive any funds 2
884	884	collected pursuant to section 85.1155 and this section 3
885	885	unless it meets or will meet, upon the acquisition or 4
886	886	retention of equipment, real and personal property, and 5
887	887	personnel, at least the following minimum equipment and 6
888	888	personnel requirements: 7
889	889	11
890	890	12
891	891	13
892	892	14
893	893	15
894	894	Shall the board of directors of the ______ Police
895	895	Protection District be authorized to increase the
896	896	rate of levy for ______ (insert purpose of which
897	897	tax is levied) from ______ cents to ______ cents
898	898	on each one hundred dollars of assessed valuation?
899	899
900	900	16 □ YES □ NO SB 379 28
901	901	(1) Two separate transmitters and receivers capable of 8
902	902	operating on all working police and emergency radio 9
903	903	frequencies included in the area to be covered, together 10
904	904	with monitor receivers for police frequencies, point -to- 11
905	905	point police or local police dispatchers operating on a 12
906	906	twenty-four-hour basis, plus an emergenc y power source 13
907	907	capable of operating all equipment and lights necessary for 14
908	908	dispatching for an indefinite period of time; 15
909	909	(2) Duo-multichannel recording equipment for all radio 16
910	910	frequencies and telephone trunk "hot lines", complete with 17
911	911	automatic transfer on failure of logging recorder and 18
912	912	automatic time inserted on recorder and with instant 19
913	913	playback on any channel at the dispatcher's position without 20
914	914	interruption of regular log recorder; 21
915	915	(3) A minimum of three trunk telephone lines 22
916	916	designated as "hot lines" in reserve for "police or 23
917	917	emergency" calls only, plus such other lines as may be 24
918	918	necessary to conduct the normal business of the center, 25
919	919	which may also be used for police or emergency purposes; 26
920	920	(4) A chief dispatcher to be in c harge of operations, 27
921	921	who shall be directly responsible to the management of the 28
922	922	dispatching service; 29
923	923	(5) Sufficient senior dispatchers to provide twenty - 30
924	924	four-hour attendance at the center; 31
925	925	(6) Such assistant dispatchers as may be necessary t o 32
926	926	provide two-person switchboard operation during certain 33
927	927	hours as prescribed in section 85.1155 and this section; 34
928	928	(7) Alarms to police stations from the dispatching 35
929	929	center shall be two of the following type systems: wired or 36
930	930	by telephone line; r adio or by tone signaling; or microwave 37
931	931	radio; or such other communications systems as may be 38
932	932	developed in the future which provide reliable and accurate 39 SB 379 29
933	933	communications and which are not experimental in nature, so 40
934	934	that upon failure of either, the other will operate 41
935	935	independently, and both shall be capable of sounding alarm 42
936	936	at any agency facility using the joint central police and 43
937	937	emergency dispatching service; 44
938	938	(8) Radio alarm equipment at each agency facility 45
939	939	using the joint central police and emergency dispatching 46
940	940	service capable of operating without local utility power for 47
941	941	a period of at least eight hours and paging equipment for 48
942	942	police and emergency personnel; and 49
943	943	(9) Radio equipment, both mobile and portable, on all 50
944	944	police and emergency vehicles which answer alarms which will 51
945	945	provide two-way voice communication between the equipment 52
946	946	and the dispatching center. 53
947	947	2. A minimum of two dispatchers shall be on duty at 54
948	948	all times in any central dispatching center between the 55
949	949	hours of 7:00 a.m. and 11:00 p.m. If only one dispatcher is 56
950	950	on duty at other times, a twenty -minute watchman's check 57
951	951	shall be maintained. 58
952	952	3. All dispatchers shall be at least eighteen years of 59
953	953	age. Each dispatcher shall be capable of operating all 60
954	954	equipment used in the dispatching center. 61
955	955	4. Each dispatching center shall employ sufficient 62
956	956	personnel to ensure that no person will be required to be on 63
957	957	duty without at least twelve hours between shifts. 64
958	958	5. A central police and emergency disp atching center 65
959	959	meeting the requirements of this section shall qualify to 66
960	960	receive any funds collected pursuant to section 85.1155 and 67
961	961	this section and to use such funds for the acquisition, use 68
962	962	and maintenance of any property, both real and personal, an d 69
963	963	for such other uses or purposes as may be determined by the 70
964	964	body governing the operations of the central police and 71 SB 379 30
965	965	emergency dispatching center, and which are necessary or 72
966	966	advisable for the establishment, maintenance, or operation 73
967	967	of the central police and emergency dispatch center. 74
968	968	85.1170. On or before the applicable date required 1
969	969	under section 67.110 of each year, the board shall certify 2
970	970	to the county commission of each county within which the 3
971	971	district is located a rate of levy so fixed by the board as 4
972	972	provided by law, with directions that at the time and in the 5
973	973	manner required by law for levy of taxes for county purposes 6
974	974	such county commissions shall levy a tax at the rate so 7
975	975	fixed and determined upon the assessed valua tion of all the 8
976	976	taxable tangible property within the district, in addition 9
977	977	to such other taxes as may be levied by such county 10
978	978	commissions. 11
979	979	85.1175. The board in certifying annual levies as 1
980	980	herein provided shall take into account, i n addition to the 2
981	981	amounts necessary for general purposes as herein provided, 3
982	982	the maturing indebtedness for the ensuing year as provided 4
983	983	in its bonds and the interest on bonds, and deficiencies and 5
984	984	defaults of prior years and any contractual obligation and 6
985	985	shall make ample provision for the payment thereof. In case 7
986	986	the moneys produced from such levies, together with other 8
987	987	revenues of the district are not sufficient to pay 9
988	988	punctually the annual installments on its bonds and the 10
989	989	interest thereon, and to pay any defaults and deficiencies 11
990	990	on any such bonds or contracts duly approved by the voters 12
991	991	of the district, then the board shall provide for such 13
992	992	additional levying of taxes as may be necessary to pay for 14
993	993	all such, and notwithstanding any limitat ions, such taxes 15
994	994	shall be continued to be levied until the indebtedness of 16
995	995	the district shall be fully and currently paid. 17 SB 379 31
996	996	85.1180. 1. The body having authority to levy taxes 1
997	997	within each county in which all or part of a district lie s 2
998	998	shall levy the taxes provided in sections 85.1000 to 3
999	999	85.1400, and all officials charged with the duty of 4
1000	1000	collecting taxes in each such county shall collect such 5
1001	1001	taxes at the time and in the manner and with like interest 6
1002	1002	and penalties as other taxes are collected. When collected, 7
1003	1003	such taxes shall be paid to the district ordering the levy 8
1004	1004	and collection, or entitled to the same, and the payment of 9
1005	1005	such collections shall be made monthly to the treasurer of 10
1006	1006	the district and paid into the depositary thereof to the 11
1007	1007	credit of the district. All funds received by the district 12
1008	1008	shall be deposited in a depositary and secured in the manner 13
1009	1009	provided by law for the deposit of county funds. 14
1010	1010	2. All taxes levied under the provisions of sections 15
1011	1011	85.1000 to 85.1400, together with interest thereon and 16
1012	1012	penalties for default in payment thereof, and all costs of 17
1013	1013	collecting the same, shall, until paid, constitute a lien on 18
1014	1014	and against the property taxed, and such lien shall be on a 19
1015	1015	parity with the tax lien of general taxes, and no sale of 20
1016	1016	such property to enforce any general tax or other lien shall 21
1017	1017	extinguish the lien of district taxes. 22
1018	1018	85.1185. If the taxes levied are not paid as herein 1
1019	1019	provided, then the delinquent real property shal l be sold at 2
1020	1020	the regular tax sale for the payment of said taxes, interest 3
1021	1021	and penalties, in the manner provided by the statutes of the 4
1022	1022	state of Missouri for selling property for the nonpayment of 5
1023	1023	general taxes. If there are no bids at said tax sale fo r 6
1024	1024	the property so offered, said property shall be struck off 7
1025	1025	to the county or other agency provided by law, and the 8
1026	1026	county or agency shall account to the district in the same 9
1027	1027	manner as provided by law for accounting for school, town, 10 SB 379 32
1028	1028	and city taxes. Delinquent personal property shall be 11
1029	1029	distrained and sold as provided by general law. 12
1030	1030	85.1190. Whenever any bonded or contractual 1
1031	1031	indebtedness has been incurred by a district, it shall be 2
1032	1032	lawful for the board to levy taxes and collec t revenue for 3
1033	1033	the purpose of creating a reserve fund in such amount as the 4
1034	1034	board may determine, to be used to meet the obligations of 5
1035	1035	the district. 6
1036	1036	85.1195. 1. The boundaries of any district organized 1
1037	1037	pursuant to the provisions of sections 85.1000 to 85.1400 2
1038	1038	may be changed in the manner prescribed in this section; but 3
1039	1039	any change of boundaries of the district shall not impair or 4
1040	1040	affect its organization or its rights in or to property, or 5
1041	1041	any of its rights or privileges whatsoever ; nor shall it 6
1042	1042	affect or impair or discharge any contract, obligation, 7
1043	1043	lien, or charge for or upon which it might be liable or 8
1044	1044	chargeable had any change of boundaries not been made. 9
1045	1045	2. The boundaries may be changed as follows: 10
1046	1046	(1) Twenty-five percent of the number of voters who 11
1047	1047	voted in the most recent gubernatorial election in the area 12
1048	1048	to be annexed may file with the board a petition in writing 13
1049	1049	praying that such real property be included within the 14
1050	1050	district; provided that in the case of a municipality having 15
1051	1051	less than twenty percent of its total population in one 16
1052	1052	police protection district, the entire remaining portion may 17
1053	1053	be included in another district so that none of the city is 18
1054	1054	outside of a police protection district at the time. The 19
1055	1055	petition shall describe the property to be included in the 20
1056	1056	district and shall describe the property owned by the 21
1057	1057	petitioners and shall be deemed to give assent of the 22
1058	1058	petitioners to the inclusion in the district of the property 23
1059	1059	described in the petition; and such petition shall be in 24 SB 379 33
1060	1060	substantially the form set forth in section 85.1290 dealing 25
1061	1061	with referendums and verified in like manner; provided, 26
1062	1062	however, that in the event that there are more than twenty - 27
1063	1063	five property owners or taxpaying elec tors signing the 28
1064	1064	petition, it shall be deemed sufficient description of their 29
1065	1065	property in the petition as required in this section to list 30
1066	1066	the addresses of such property; or 31
1067	1067	(2) All of the owners of any territory or tract of 32
1068	1068	land near or adjacent to a police protection district who 33
1069	1069	own all of the real estate in such territory or tract of 34
1070	1070	land may file a petition with the board praying that such 35
1071	1071	real property be included in the district. The petition 36
1072	1072	shall describe the property owned by the pe titioners and 37
1073	1073	shall be deemed to give assent of the petitioners to the 38
1074	1074	inclusion in the district of the property described in the 39
1075	1075	petition. 40
1076	1076	3. The secretary of the board shall cause notice of 41
1077	1077	the filing of any petition filed pursuant to this sect ion to 42
1078	1078	be given and published in the county in which the property 43
1079	1079	is located, which notice shall recite the filing of such 44
1080	1080	petition, the number of petitioners, a general description 45
1081	1081	of the boundaries of the area proposed to be included, and 46
1082	1082	the prayer of the petitioners; giving notice to all persons 47
1083	1083	interested to appear at the office of the board at the time 48
1084	1084	named in the notice and show cause in writing, if any they 49
1085	1085	have, why the petition should not be granted. The board 50
1086	1086	shall at the time and plac e mentioned, or at such time or 51
1087	1087	times to which the hearing may be adjourned, proceed to hear 52
1088	1088	the petition and all objections thereto presented in writing 53
1089	1089	by any person showing cause why the petition should not be 54
1090	1090	granted. The failure of any person int erested to show cause 55
1091	1091	in writing why such petition shall not be granted shall be 56 SB 379 34
1092	1092	deemed as an assent on his or her part to the inclusion of 57
1093	1093	such lands in the district as prayed for in the petition. 58
1094	1094	4. If the board deems it for the best interest of the 59
1095	1095	district, it shall grant the petition, but if the board 60
1096	1096	determines that some portion of the property mentioned in 61
1097	1097	the petition cannot as a practical matter be served by the 62
1098	1098	district, or if it deems it for the best interest of the 63
1099	1099	district that some portion of the property in the petition 64
1100	1100	not be included in the district, then the board shall grant 65
1101	1101	the petition in part only. If the petition is granted, the 66
1102	1102	board shall make an order to that effect and file the same 67
1103	1103	with the county clerk; and upo n the order of the county 68
1104	1104	having jurisdiction over the district, the property shall be 69
1105	1105	included in the district. If the petition contains the 70
1106	1106	signatures of all the owners of the property pursuant to the 71
1107	1107	provisions of subdivision (2) of subsection 2 of this 72
1108	1108	section, the property shall be included in the district upon 73
1109	1109	the order of the county. If the petition contains the 74
1110	1110	signatures of twenty -five percent of the number of voters 75
1111	1111	who voted in the most recent gubernatorial election in the 76
1112	1112	area to be annexed pursuant to subdivision (1) or 77
1113	1113	subdivision (3) of subsection 2 of this section, the 78
1114	1114	property shall be included in the district subject to the 79
1115	1115	election provided in section 85.1200. The county having 80
1116	1116	jurisdiction over the district shall proceed t o make any 81
1117	1117	such order including such additional property within the 82
1118	1118	district as is provided in the order of the board, unless 83
1119	1119	the county clerk shall find that such order of the board was 84
1120	1120	not authorized by law or that such order of the board was 85
1121	1121	not supported by competent and substantial evidence. 86
1122	1122	5. Any person aggrieved by any decision of the board 87
1123	1123	made pursuant to the provisions of this section may appeal 88 SB 379 35
1124	1124	that decision to a court of competent jurisdiction of the 89
1125	1125	county in which the property i s located within thirty days 90
1126	1126	of the decision by the board. 91
1127	1127	6. No police protection district, or employee thereof, 92
1128	1128	in which territory is annexed pursuant to this section shall 93
1129	1129	be required to comply with any prescribed law enforcement 94
1130	1130	officer training program or regimen which would not 95
1131	1131	otherwise apply to the district or its employees, but for 96
1132	1132	the requirements applicable to the annexed territory. 97
1133	1133	85.1200. 1. If the petition to add any territory or 1
1134	1134	tract of land to the district contained fewer than all of 2
1135	1135	the signatures required pursuant to subdivision (2) of 3
1136	1136	subsection 2 of section 85.1195, the decree of extension of 4
1137	1137	boundaries shall not become final and conclusive until it 5
1138	1138	has been submitted to an election of the voters re siding 6
1139	1139	within the boundaries described in such decree and until it 7
1140	1140	has been assented to by a majority vote of the voters in the 8
1141	1141	newly included area voting on the question. The decree 9
1142	1142	shall also provide for the holding of the election to vote 10
1143	1143	on the proposition of extending the boundaries of the 11
1144	1144	district, and shall fix the date for holding the election. 12
1145	1145	2. The question shall be submitted in substantially 13
1146	1146	the following form: 14
1147	1147	3. If a majority of the voters voting on the 19
1148	1148	proposition vote in fav or of the extension of the boundaries 20
1149	1149	of the district, then the county clerk shall enter its 21
1150	1150	further order declaring the decree of extension of the 22
1151	1151	15
1152	1152	16
1153	1153	17
1154	1154	Shall the boundaries of the ______ Police
1155	1155	Protection District be extended to include the
1156	1156	following described property? (Describe property.)
1157	1157
1158	1158	18 □ YES □ NO SB 379 36
1159	1159	boundaries to be final and conclusive. In the event, 23
1160	1160	however, that the county clerk finds that a majori ty of the 24
1161	1161	voters voting thereon voted against the proposition to 25
1162	1162	extend the boundaries of the district, then the county shall 26
1163	1163	enter its further order declaring the decree of extension of 27
1164	1164	boundaries to be void and of no effect. 28
1165	1165	85.1205. Within thirty days after the final order of 1
1166	1166	the county extending the boundaries of the district, the 2
1167	1167	county clerk of that county shall transmit to the county 3
1168	1168	clerk and to the recorder of deeds in each county in which 4
1169	1169	the district is located copie s of the findings and decrees 5
1170	1170	of the county extending the boundaries of the district. The 6
1171	1171	same shall be filed in the same manner as articles of 7
1172	1172	incorporation are required to be filed under the general 8
1173	1173	laws concerning corporations, and each recorder an d clerk 9
1174	1174	shall receive a fee of one dollar for filing and preserving 10
1175	1175	the same. 11
1176	1176	85.1210. The boundaries of a police protection 1
1177	1177	district shall be coterminous with and include the whole of 2
1178	1178	any cities, towns, or villages included within the police 3
1179	1179	protection district. Upon the voters adopting a police 4
1180	1180	protection district, any municipal police department 5
1181	1181	contained within said district shall be dissolved, merged 6
1182	1182	with, and absorbed by the police protection district. 7
1183	1183	85.1215. All real property included within, or 1
1184	1184	excluded from, a district shall thereafter be subject to the 2
1185	1185	levy of taxes for the payment of any indebtedness of the 3
1186	1186	district outstanding at the time of inclusion or exclusion; 4
1187	1187	provided, however, that aft er any real property shall have 5
1188	1188	been excluded from a district, as herein provided, any 6
1189	1189	buildings and improvements thereafter erected or constructed 7
1190	1190	on said excluded real property, and all machinery and 8 SB 379 37
1191	1191	equipment thereafter installed or placed therein o r thereon, 9
1192	1192	and all tangible personal property not in said district at 10
1193	1193	the time of the exclusion of said real property from said 11
1194	1194	district which shall thereafter be situated on or used in 12
1195	1195	connection with said real property, shall not be subject to 13
1196	1196	any taxes levied by said district. 14
1197	1197	85.1220. To carry out the purposes of sections 85.1000 1
1198	1198	to 85.1400, the board is hereby authorized to issue 2
1199	1199	negotiable coupon bonds of the district as herein provided. 3
1200	1200	Bonds shall bear interest at a rate not exceeding six 4
1201	1201	percent per annum, payable semiannually, and shall be due 5
1202	1202	and payable serially, either annually or semiannually, 6
1203	1203	commencing not later than three years and extending not more 7
1204	1204	than twenty years from their date. The form and terms of 8
1205	1205	said bonds, including provisions for their payment and 9
1206	1206	redemption, shall be determined by the board. If the board 10
1207	1207	so determines, such bonds may be redeemable prior to 11
1208	1208	maturity upon payment of a premium, not exceeding three 12
1209	1209	percent of the principal the reof. Said bonds shall be 13
1210	1210	executed in the name of and on behalf of the district and 14
1211	1211	signed by the chairman of the board, with the seal of the 15
1212	1212	district affixed thereto and attested by the secretary of 16
1213	1213	the board. Said bonds shall be in such denominatio ns as the 17
1214	1214	board shall determine and the bonds and coupons thereto 18
1215	1215	attached shall be payable to bearer. Interest coupons shall 19
1216	1216	bear the original or facsimile signature of the chairman of 20
1217	1217	the board. 21
1218	1218	85.1225. Whenever any board shall, by resolution, 1
1219	1219	determine that the interest of said district and the public 2
1220	1220	interest or necessity demand the acquisition, construction, 3
1221	1221	installation, or completion of any works or other 4
1222	1222	improvements or facilities, or the making of any contract 5 SB 379 38
1223	1223	with the United States or other persons or corporations, to 6
1224	1224	carry out the objects or purposes of said district, 7
1225	1225	requiring the creation of an indebtedness in an amount 8
1226	1226	exceeding in any year the income and revenue provided for 9
1227	1227	such year plus any unencumbered ba lances from previous 10
1228	1228	years, said board shall order the submission of the 11
1229	1229	proposition of issuing such obligations or bonds, or 12
1230	1230	creating other indebtedness, to the voters of the election. 13
1231	1231	The declaration of public interest or necessity herein 14
1232	1232	required and the provision for holding of such election may 15
1233	1233	be included within one and the same resolution, which 16
1234	1234	resolution, in addition to such declaration of public 17
1235	1235	interest or necessity, shall recite the objects and purposes 18
1236	1236	for which the indebtedness is pr oposed to be incurred, the 19
1237	1237	estimated cost of the works or improvements, as the case may 20
1238	1238	be, the amount of principal of the indebtedness to be 21
1239	1239	incurred therefor, and the maximum rate of interest to be 22
1240	1240	paid on such indebtedness. Such resolution shall al so fix 23
1241	1241	the date upon which such election shall be held. 24
1242	1242	85.1230. 1. The question shall be submitted in 1
1243	1243	substantially the following form: 2
1244	1244	2. The proposition so submitted, if relating to bonds, 6
1245	1245	shall set out the amount of the issue and the purpose. 7
1246	1246	85.1235. At any regular or special meeting of the 1
1247	1247	board held within five days following the date of such 2
1248	1248	election, the board shall declare the results. 3
1249	1249	85.1240. In the event that it shall appear from the 1
1250	1250	returns that the constitutionally required percentage of the 2
1251	1251	3
1252	1252	4
1253	1253	5
1254	1254	Shall ______ (Insert name of district.) ______
1255	1255	Police Protection District ______ (Here state the
1256	1256	proposition to be submitted.) ______?
1257	1257	SB 379 39
1258	1258	voters of the district who shall have voted on any such 3
1259	1259	proposition submitted hereunder at such election voted in 4
1260	1260	favor of such proposition, the district shall thereupon be 5
1261	1261	authorized to incur such indebtedness or obligations, enter 6
1262	1262	into such contract or issue, and sell such bonds of the 7
1263	1263	district, as the case may be, all for the purpose or 8
1264	1264	purposes and object or objects provided for in the 9
1265	1265	proposition or propositions submitted hereunder and in the 10
1266	1266	resolution therefor, and in the amount so provi ded and at a 11
1267	1267	rate of interest not exceeding the rate of interest recited 12
1268	1268	in such resolution. Submission of the proposition of 13
1269	1269	incurring such obligation or bonded or other indebtedness at 14
1270	1270	such an election shall not prevent or prohibit submission of 15
1271	1271	the same or other propositions at a subsequent election. 16
1272	1272	85.1245. Whenever a petition signed by not less than 1
1273	1273	twenty-five percent of the voters who cast votes at the last 2
1274	1274	election for the district director in any district organized 3
1275	1275	under the provisions of sections 85.1000 to 85.1400 is filed 4
1276	1276	with the county having jurisdiction over the district, 5
1277	1277	setting forth all the relevant facts pertaining to the 6
1278	1278	district, and alleging that the further operation of the 7
1279	1279	district is inimicable to t he best interests of the 8
1280	1280	inhabitants of the district, and that the district should, 9
1281	1281	in the interest of the public welfare and safety, be 10
1282	1282	dissolved, the county shall have authority, after hearing 11
1283	1283	evidence submitted on the aforesaid question, to order a 12
1284	1284	submission of the question, after having caused publication 13
1285	1285	of notice of a hearing on said petition, in substantially 14
1286	1286	the following form: 15 SB 379 40
1287	1287	85.1250. If the county clerk shall find that a 1
1288	1288	sufficient number of signatures have been gathered, it shall 2
1289	1289	make an order reciting the same and providing for the 3
1290	1290	submission of the proposition to dissolve such district to a 4
1291	1291	vote of the voters of the district, setting forth such 5
1292	1292	further details in its order as may be necessary to an 6
1293	1293	orderly conduct of such election. Such election shall be 7
1294	1294	held at the municipal election. Returns of said election 8
1295	1295	shall be certified to the county. If the county clerk finds 9
1296	1296	that two-thirds of the voters voting thereon shall have 10
1297	1297	voted in favor of the proposition to dissolve said district, 11
1298	1298	the county shall make a final order dissolving said 12
1299	1299	district, and the decree shall contain a proviso that said 13
1300	1300	district shall continue in full force for the purpose of 14
1301	1301	paying all outstanding and lawful obligations and disposing 15
1302	1302	of property of the dist rict; but no additional costs or 16
1303	1303	obligations shall be created except such as are necessary to 17
1304	1304	pay such costs, obligations, and liabilities theretofore 18
1305	1305	incurred, or necessary to the winding up of the district. 19
1306	1306	If the county clerk shall find that two -thirds of the voters 20
1307	1307	of the district voting thereon shall not have voted 21
1308	1308	favorably on the proposition to dissolve such district, then 22
1309	1309	the county shall make a final order declaring such result 23
1310	1310	dismissing the petition praying for the dissolution of said 24
1311	1311	district; and the said district shall continue to operate in 25
1312	1312	the same manner as though said petition asking for such 26
1313	1313	dissolution has not been filed. 27
1314	1314	16
1315	1315	17
1316	1316	18
1317	1317	Shall ______ (Insert the name of the police
1318	1318	district.) ______ Police Protection District be
1319	1319	dissolved?
1320	1320	SB 379 41
1321	1321	85.1255. The dissolution of a police protection 1
1322	1322	district shall not invalidate or affe ct any right accruing 2
1323	1323	to such police district, or to any person, or invalidate or 3
1324	1324	affect any contract or indebtedness entered into or imposed 4
1325	1325	upon such police protection district or person; and whenever 5
1326	1326	the county clerk shall, under the provisions of s ection 6
1327	1327	85.1250, dissolve a police protection district, the said 7
1328	1328	county clerk shall appoint some competent person to act as 8
1329	1329	trustee for the police protection district so dissolved and 9
1330	1330	such trustee before entering upon the discharge of his or 10
1331	1331	her duties shall take and subscribe an oath that he or she 11
1332	1332	will faithfully discharge the duties of his or her office, 12
1333	1333	and shall give bond with sufficient security, to be approved 13
1334	1334	by the county clerk to the use of such dissolved police 14
1335	1335	protection district, for th e faithful discharge of his or 15
1336	1336	her duties, and shall proceed to liquidate the district 16
1337	1337	under orders of the county clerk, including the levying of 17
1338	1338	any taxes provided for in sections 85.1000 to 85.1400. 18
1339	1339	85.1260. Any and all taxable tan gible property located 1
1340	1340	within any such district shall continue to be subject to the 2
1341	1341	levy of taxes for general purposes and for the payment of 3
1342	1342	any indebtedness previously created, all as provided 4
1343	1343	herein. The repeal of any acts herein shall not be held to 5
1344	1344	affect or invalidate any claims, demands, acts, debts, 6
1345	1345	contracts, obligations, or indebtedness of any district 7
1346	1346	created under the provisions of any such act. 8
1347	1347	85.1265. In any and every case where a notice is 1
1348	1348	provided for in section s 85.1000 to 85.1400, if the county 2
1349	1349	clerk finds for any reason that due notice was not given, 3
1350	1350	the county clerk shall not thereby lose jurisdiction, and 4
1351	1351	the proceeding in question shall not thereby be void or be 5
1352	1352	abated, but the county clerk shall in tha t case order due 6 SB 379 42
1353	1353	notice to be given, and shall continue the hearing until 7
1354	1354	such time as notice shall be properly given, and thereupon 8
1355	1355	shall proceed as though notice had been properly given in 9
1356	1356	the first instance. 10
1357	1357	85.1270. 1. Two or more police protection districts 1
1358	1358	may consolidate with each other in the manner hereinafter 2
1359	1359	provided, and only if the districts have one or more common 3
1360	1360	boundaries, in whole or in part, or are located within the 4
1361	1361	same county, in whole or in part, as to any respective two 5
1362	1362	of the districts which are so consolidating. 6
1363	1363	2. By a majority vote of each board of directors of 7
1364	1364	each police protection district included within the proposed 8
1365	1365	consolidation, a consolidation plan may be adopted. The 9
1366	1366	consolidation plan shall include the name of the proposed 10
1367	1367	consolidated district, the legal description of the 11
1368	1368	boundaries of each district to be consolidated, and a legal 12
1369	1369	description of the boundaries of the consolidated district, 13
1370	1370	the amount of outstanding bonds, if a ny, of each district 14
1371	1371	proposed to be consolidated, a listing of the police 15
1372	1372	stations within each district, and the names of the 16
1373	1373	districts to be consolidated. 17
1374	1374	3. The petition shall set forth: 18
1375	1375	(1) The name of the proposed district consisting of a 19
1376	1376	chosen name preceding the words "police protection district"; 20
1377	1377	(2) An estimate of the number of inhabitants and of 21
1378	1378	the assessed valuation of the taxable tangible property of 22
1379	1379	the district, and of the yield from the intangible personal 23
1380	1380	property located in the district; 24
1381	1381	(3) The estimated cost of the proposed improvements; 25
1382	1382	(4) A general description of the boundaries of the 26
1383	1383	district or the territory to be included therein, and the 27
1384	1384	boundaries of three wards in which the district shall be 28 SB 379 43
1385	1385	subdivided, with such certainty as to enable a property 29
1386	1386	owner to determine whether or not his property is within the 30
1387	1387	district, and a plat of the proposed district; 31
1388	1388	(5) The wards shall be compact and contiguous and 32
1389	1389	contain equal populations as nea rly as possible, and shall 33
1390	1390	be reapportioned, by the board of directors, within one 34
1391	1391	hundred eighty days after each decennial census is reported 35
1392	1392	to the president of the United States; 36
1393	1393	(6) Such other data and information as may be useful 37
1394	1394	to the voters in determining the necessity for the 38
1395	1395	organization of the district; 39
1396	1396	(7) A prayer for the organization of the district. 40
1397	1397	4. The decree of incorporation shall not become final 41
1398	1398	and conclusive until it has been submitted to an election of 42
1399	1399	the voters residing within the boundaries described in such 43
1400	1400	decree, and until it has been assented to by a majority vote 44
1401	1401	of the voters of the district voting on the question. The 45
1402	1402	decree shall also provide for the holding of the election to 46
1403	1403	vote on the proposition of incorporating the district, and 47
1404	1404	to elect three persons to act as the elected members of the 48
1405	1405	first board of directors, and shall fix the date for holding 49
1406	1406	the election on the first general municipal election date to 50
1407	1407	vote on a tax pursuant to s ection 85.1150 following entry of 51
1408	1408	the decree in which notice of election may be issued 52
1409	1409	sufficiently in advance of the election according to law. 53
1410	1410	5. The question shall be submitted in substantially 54
1411	1411	the following form: 55
1412	1412	56
1413	1413	57
1414	1414	Shall there be incorporated a police protection
1415	1415	district?
1416	1416
1417	1417	58 □ YES □ NO SB 379 44
1418	1418	6. The proposition of electing the first board of 59
1419	1419	directors or the election of subsequent directors may be 60
1420	1420	submitted on a separate ballot or on t he same ballot which 61
1421	1421	contains any other proposition of the police protection 62
1422	1422	district. The ballot to be used for the election of a 63
1423	1423	director or directors shall be substantially in the 64
1424	1424	following form: 65
1425	1425	7. If a majority of the voters voting on the 80
1426	1426	proposition or propositions voted in favor of the 81
1427	1427	proposition to incorporate the district, then the county 82
1428	1428	clerk shall enter its further o rder declaring the decree of 83
1429	1429	incorporation to be final and conclusive. In the event, 84
1430	1430	however, that the county clerk finds that a majority of the 85
1431	1431	voters voting thereon voted against the proposition to 86
1432	1432	incorporate the district, then the county clerk sha ll enter 87
1433	1433	its further order declaring the decree of incorporation to 88
1434	1434	66 OFFICIAL BALLOT
1435	1435	67 Instruction to voters:
1436	1436	68
1437	1437	69
1438	1438	70
1439	1439	71
1440	1440	Place a cross (X) mark in the square opposite the
1441	1441	name of the candidate or candidates you favor.
1442	1442	(Here state the number of directors to be elected
1443	1443	and their term of office.)
1444	1444
1445	1445	72 ELECTION
1446	1446	73
1447	1447	74
1448	1448	(Here insert name of district.) Police Protection
1449	1449	District. (Here insert date of election.)
1450	1450
1451	1451	75 FOR BOARD OF DIRECTORS
1452	1452	76 WARD (#)
1453	1453	77 □ ____________ (name of candidate)
1454	1454	78 □ ____________ (name of candidate)
1455	1455	79 □ ____________ (name of candidate) SB 379 45
1456	1456	be void and of no effect. If the county clerk enters an 89
1457	1457	order declaring the decree of incorporation to be final and 90
1458	1458	conclusive, it shall at the same time designate the first 91
1459	1459	board of directors of the district who have been elected by 92
1460	1460	the voters voting thereon. The person elected from ward 1 93
1461	1461	shall hold office for a term of one year, the person elected 94
1462	1462	from ward 2 shall hold office for a term of two years, and 95
1463	1463	the person elected fr om ward 3 shall hold office for a term 96
1464	1464	of three years from the date of the election of the first 97
1465	1465	board of directors and until their successors are duly 98
1466	1466	elected and qualified. Thereafter, the elected members of 99
1467	1467	the board shall be elected to serve terms of three years and 100
1468	1468	until their successors are duly elected and qualified. The 101
1469	1469	county clerk shall at the same time enter an order of record 102
1470	1470	declaring the result of the election on the proposition, if 103
1471	1471	any, to incur bonded indebtedness. 104
1472	1472	8. Notwithstanding the provisions of subsections 1 to 105
1473	1473	4 of this section to the contrary, the mayor of each 106
1474	1474	municipality and chairperson of each village included within 107
1475	1475	the police protection district shall be an ex -officio member 108
1476	1476	of the board of directors so long as he or she shall hold 109
1477	1477	the office of mayor or chairperson, with all of the same 110
1478	1478	rights, privileges, and duties as an elected director. 111
1479	1479	9. Each board of the districts approving the plan for 112
1480	1480	proposed consolidation shall duly certify and file in th e 113
1481	1481	office of the county clerk in which the district is located 114
1482	1482	a copy of the plan of consolidation, bearing the signatures 115
1483	1483	of those directors who vote in favor thereof, together with 116
1484	1484	a petition for consolidation. The petition may be made 117
1485	1485	jointly by all of the districts within the respective plan 118
1486	1486	of consolidation. A filing fee of fifty dollars shall be 119 SB 379 46
1487	1487	deposited with the clerk, on the filing of the petition, 120
1488	1488	against the costs of the county clerk. 121
1489	1489	10. The county clerk sitting in and for any cou nty to 122
1490	1490	which the petition is presented is hereby vested with 123
1491	1491	jurisdiction, power and authority to hear the same, and to 124
1492	1492	approve the consolidation and order such districts 125
1493	1493	consolidated, after holding an election, as hereinafter 126
1494	1494	provided. 127
1495	1495	11. If the county clerk finds the plan for 128
1496	1496	consolidation to have been duly approved by the respective 129
1497	1497	boards of directors of the police protection districts 130
1498	1498	proposed to be consolidated, then the county clerk shall 131
1499	1499	enter its order of record, directing the submi ssion of the 132
1500	1500	question. 133
1501	1501	12. The order shall direct publication of notice of 134
1502	1502	election, and shall fix the date thereof. The order shall 135
1503	1503	direct that the elections shall be held to vote on the 136
1504	1504	proposition of consolidating the districts and to elect 137
1505	1505	three persons, having the qualifications declared in section 138
1506	1506	85.1065 and being among the then directors of the districts 139
1507	1507	proposed to be consolidated, to become directors of the 140
1508	1508	consolidated district. 141
1509	1509	13. The question shall be submitted in substant ially 142
1510	1510	the following form: 143
1511	1511	144
1512	1512	145
1513	1513	146
1514	1514	147
1515	1515	148
1516	1516	149
1517	1517	150
1518	1518	151
1519	1519	152
1520	1520	153
1521	1521	Shall the ______ Police Protection District and
1522	1522	the ______ Police Protection District be
1523	1523	consolidated into one police protection district
1524	1524	to be known as the ______ Police Protection
1525	1525	District, with tax levies not in excess of the
1526	1526	following amounts: mainten ance fund ______ cents
1527	1527	per one hundred dollars assessed valuation;
1528	1528	ambulance service ______ cents per one hundred
1529	1529	dollars assessed valuation; pension fund ______
1530	1530	cents per one hundred dollars assessed valuation;
1531	1531	SB 379 47
1532	1532	14. If, upon the canvass and declaration, it is found 156
1533	1533	and determined that a majority of the voters of the 157
1534	1534	districts voting on the proposition or propositions have 158
1535	1535	voted in favor of the proposit ion to incorporate the 159
1536	1536	consolidated district, the county shall then further, in its 160
1537	1537	order, designate the first board of directors of the 161
1538	1538	consolidated district, who have been elected by the voters 162
1539	1539	voting thereon, the one receiving the third highest numb er 163
1540	1540	of votes to hold office until the first Tuesday in April 164
1541	1541	which is more than one year after the date of election, the 165
1542	1542	one receiving the second highest number of votes to hold 166
1543	1543	office until two years after the first Tuesday aforesaid, 167
1544	1544	and the one receiving the highest number of votes until four 168
1545	1545	years after the first Tuesday in April as aforesaid. If any 169
1546	1546	other propositions are also submitted at the election, the 170
1547	1547	county clerk, in its order, shall also declare the results 171
1548	1548	of the votes thereon. If the county clerk shall find and 172
1549	1549	determine, upon the canvass and declaration, that a majority 173
1550	1550	of the voters of the consolidated district have not voted in 174
1551	1551	favor of the proposition to incorporate the consolidated 175
1552	1552	district, then the county shall enter its o rder declaring 176
1553	1553	the proceedings void and of no effect, and shall dismiss the 177
1554	1554	same at the cost of petitioners. 178
1555	1555	85.1275. If the vote prescribed by section 85.1270 is 1
1556	1556	in favor of the consolidation, then, upon the order of the 2
1557	1557	county clerk declaring the same, the consolidated district 3
1558	1558	thereupon shall be a political subdivision of the state of 4
1559	1559	Missouri and a body corporate, with all the powers of like 5
1560	1560	or similar corporations, and with all the powers of police 6
1561	1561	154
1562	1562	155
1563	1563	and dispatching fund ______ cents per one hu ndred
1564	1564	dollars assessed valuation? SB 379 48
1565	1565	protection districts und er section 85.1120, whose affairs 7
1566	1566	shall be conducted as provided in sections 85.1000 to 8
1567	1567	85.1400, with all the powers, privileges, and duties therein 9
1568	1568	conferred and provided upon police protection districts in 10
1569	1569	the county. All properties, rights, assets, and liabilities 11
1570	1570	of the several police protection districts which are so 12
1571	1571	consolidated, including outstanding bonds thereof if any, 13
1572	1572	shall become forthwith and without any further procedure the 14
1573	1573	properties, rights, assets, and liabilities of the 15
1574	1574	consolidated police protection district. The provisions of 16
1575	1575	section 85.1010 shall also apply to the election and order 17
1576	1576	establishing the consolidated police protection district. 18
1577	1577	85.1280. The order of the county clerk having 1
1578	1578	jurisdiction, as well as finding and determining the votes 2
1579	1579	of the election, shall direct the county clerk to transmit 3
1580	1580	to the recorder of deeds of each county in which the 4
1581	1581	consolidated district is located a certified copy of such 5
1582	1582	order, to be filed in the same manner as articles of 6
1583	1583	incorporation are required to be filed under the general 7
1584	1584	laws concerning corporations, and each recorder and each 8
1585	1585	clerk shall each receive, for such filing, a fee of one 9
1586	1586	dollar, to be charged as costs in the proceeding. 10
1587	1587	85.1285. All powers which may be exercised by the 1
1588	1588	board of directors of a police protection district may be 2
1589	1589	exercised by the voters of that district by initiative or 3
1590	1590	referendum. 4
1591	1591	85.1290. 1. A petition for a referendum shall be in 1
1592	1592	substantially the following form: 2
1593	1593	3 WARNING
1594	1594	4
1595	1595	5
1596	1596	6
1597	1597	It is a felony for anyone to sign any initiative
1598	1598	or referendum petition with any name other than
1599	1599	his or her own, or to knowingly sign his or her
1600	1600	SB 379 49
1601	1601	2. Every sheet for petitioners' signatures shall be 26
1602	1602	attached to a full and correct copy of the title and text of 27
1603	1603	the measure proposed by the initiative petition. Referendum 28
1604	1604	petitions shall be attached to a full and correct copy of 29
1605	1605	the measure on which the referendum is demanded. 30
1606	1606	3. Each sheet of every pe tition containing signatures 31
1607	1607	shall be verified in substantially the following form by the 32
1608	1608	person who circulated the sheet, by his or her affidavit 33
1609	1609	thereon: 34
1610	1610	7
1611	1611	8
1612	1612	name more than once for the measure, or to sign
1613	1613	such petition when he or she is not a legal voter.
1614	1614	9 INITIATIVE PETITION
1615	1615	10
1616	1616	11
1617	1617	To the board of directors of the ______ Police
1618	1618	Protection District:
1619	1619
1620	1620	12
1621	1621	13
1622	1622	14
1623	1623	15
1624	1624	16
1625	1625	17
1626	1626	18
1627	1627	19
1628	1628	20
1629	1629	21
1630	1630	22
1631	1631	We the undersigned, citizens and voters of the
1632	1632	state of Missouri and the ______ Police Protection
1633	1633	District, respectfully order that (describe the
1634	1634	measure) shall be referred to the people of the
1635	1635	district for their approval or rejection, at the
1636	1636	regular (special) election to be held on the
1637	1637	______ day of ______, 20______, and each for
1638	1638	himself says: I have personally signed this
1639	1639	petition; I am a duly qualified elector of the
1640	1640	state and district; my residence and post -office
1641	1641	address are correctly written after my name.
1642	1642
1643	1643	23 Name ______ Residence ______ Post Office ______
1644	1644	24 (if in a city, street and number)
1645	1645	25 (Here follow numbered lines for signatures.)
1646	1646	35 State of Missouri
1647	1647	36 County of ______
1648	1648	37
1649	1649	38
1650	1650	39
1651	1651	40
1652	1652	I, ______, being first duly sworn, say that each
1653	1653	person whose name appears on this sheet signed his
1654	1654	or her name thereto in my presence; I believe that
1655	1655	each has stated his or her name, post -office
1656	1656	SB 379 50
1657	1657	85.1300. 1. If an initiative or referendum petition 1
1658	1658	is presented to the secretary of the board of directors, 2
1659	1659	which petition carries t he names of voters of the district, 3
1660	1660	equal to twenty percent of the number of votes of members of 4
1661	1661	the district who voted in the last regular district 5
1662	1662	election, the board of directors shall submit the question 6
1663	1663	pursuant to the order or demand of the petit ion. 7
1664	1664	2. The measure called for in the petition is adopted 8
1665	1665	if it receives an affirmative majority vote of the voters 9
1666	1666	voting at the district election. 10
1667	1667	85.1305. In addition to the compensation provided 1
1668	1668	pursuant to section 85.1105 for police protection districts 2
1669	1669	located in any county with a charter form of government, 3
1670	1670	each member of any such police protection district board may 4
1671	1671	receive an attendance fee not to exceed one hundred dollars 5
1672	1672	for attending a board meeting conducted pu rsuant to chapter 6
1673	1673	610, but such board member shall not be paid for attending 7
1674	1674	more than four such meetings in any calendar month. 8
1675	1675	However, no board member shall be paid more than one 9
1676	1676	attendance fee if such member attends more than one meeting 10
1677	1677	conducted under chapter 610 in a calendar week. 11
1678	1678	85.1310. 1. In addition to all other limits set forth 1
1679	1679	in sections 85.1000 to 85.1400, the board in counties of the 2
1680	1680	41
1681	1681	42
1682	1682	43
1683	1683	address and residence correctly, and that each
1684	1684	signer is a voter of the state of Missouri and
1685	1685	______ Police Protection District.
1686	1686	44 (signature and post-office address of affiant)
1687	1687	45
1688	1688	46
1689	1689	Subscribed and sworn to before me this ______ day
1690	1690	of ______, 20______
1691	1691
1692	1692	47
1693	1693	48
1694	1694	(signature and title of officer before whom oath
1695	1695	is made and his or her post -office address)
1696	1696	SB 379 51
1697	1697	first classification shall in each year determine the amount 3
1698	1698	of money necessary to be raised by taxation, and shall fix a 4
1699	1699	rate of levy which, when levied upon every dollar of the 5
1700	1700	taxable tangible property within the district as shown by 6
1701	1701	the last completed assessment, and with other revenues, will 7
1702	1702	raise the amount required by th e district annually to supply 8
1703	1703	funds for paying the expenses of organization and operation 9
1704	1704	and the costs of acquiring, supplying, and maintaining the 10
1705	1705	property, works, and equipment of the district, and maintain 11
1706	1706	the necessary personnel, which rate of lev y shall not exceed 12
1707	1707	forty cents on the one hundred dollars valuation. The board 13
1708	1708	in any county of the first classification having a 14
1709	1709	population in excess of nine hundred thousand may fix an 15
1710	1710	additional rate not to exceed twenty -five cents on the 16
1711	1711	hundred dollars valuation and the board in all other first 17
1712	1712	classification counties may fix an additional rate, not to 18
1713	1713	exceed fifteen cents on the hundred dollars valuation, the 19
1714	1714	revenues from which shall be deposited in a special fund and 20
1715	1715	used only for the pens ion program of the district, by 21
1716	1716	submitting the following question to the voters at the 22
1717	1717	municipal general, primary, or general election in such 23
1718	1718	district or at any election at which a member of the board 24
1719	1719	of directors is to be elected: 25
1720	1720	In addition thereto, to fix a rate of levy which will enable 32
1721	1721	it to promptly pay in full when due all interest on and 33
1722	1722	26
1723	1723	27
1724	1724	28
1725	1725	29
1726	1726	30
1727	1727	31
1728	1728	Shall the board of directors of ______ Police
1729	1729	Protection District be authorized to levy an
1730	1730	annual tax rate of ______ cents per one hundred
1731	1731	dollars valuation, the revenues from which shall
1732	1732	be deposited in a special fund and used only for
1733	1733	the pension program of the district?
1734	1734	SB 379 52
1735	1735	principal of bonds and other obligations of the district, 34
1736	1736	and to pay any indebtedness authorized by a vote of the 35
1737	1737	people as provided by sections 85.1000 to 85.1265; and in 36
1738	1738	the event of accruing defaults or deficiencies in the bonded 37
1739	1739	or contractual indebtedness, an additional levy may be made 38
1740	1740	as provided in section 85.1175. 39
1741	1741	2. Any district approving a tax levy rate pursuant to 40
1742	1742	the provisions of subsection 1 of this section shall 41
1743	1743	transfer all revenue collected plus interest monthly for 42
1744	1744	deposit in the district retirement fund. The board of 43
1745	1745	directors for the police protection district shall comply 44
1746	1746	with the prudent investor standard for investment 45
1747	1747	fiduciaries as provided in section 105.688 when investing 46
1748	1748	the assets of the pension program. 47
1749	1749	3. Any district may impose a tax not to exceed ten 48
1750	1750	cents on the one hundred dollars valuation, i n addition to 49
1751	1751	the rate which the board may levy pursuant to this section, 50
1752	1752	by submitting the following question to the voters at any 51
1753	1753	election in such district held on the first Tuesday in April 52
1754	1754	of any year: 53
1755	1755	In addition thereto, to fix a rate of levy whi ch will enable 58
1756	1756	it to promptly pay in full when due all interest on and 59
1757	1757	principal of bonds and other obligations of the district, 60
1758	1758	and to pay any indebtedness authorized by a vote of the 61
1759	1759	people as provided by sections 85.1000 to 85.1265; and in 62
1760	1760	the event of accruing defaults or deficiencies in the bonded 63
1761	1761	54
1762	1762	55
1763	1763	56
1764	1764	57
1765	1765	Shall the board of directors of ______ Police
1766	1766	Protection District be authorized to increase the
1767	1767	annual tax rate from ______ cents to ______ cents
1768	1768	on the hundred dollars assessed valuation?
1769	1769	SB 379 53
1770	1770	or contractual indebtedness, an additional levy may be made 64
1771	1771	as provided in section 85.1175. 65
1772	1772	85.1340. 1. Police protection districts, when asked 1
1773	1773	to respond to emergencies beyond their corporate boundaries, 2
1774	1774	may charge for those services rendered. 3
1775	1775	2. When formal mutual aid agreements are in place with 4
1776	1776	adjoining areas and departments, this provision is not 5
1777	1777	applicable except by formal agreement and contract with the 6
1778	1778	adjoining department. 7
1779	1779	3. In responding to police or other emergencies 8
1780	1780	outside the corporate boundaries of a police protection 9
1781	1781	district, the police protection district responding and its 10
1782	1782	police officers shall be subject to the same liabilities for 11
1783	1783	claims for death or injury to persons or property as those 12
1784	1784	subjected to when responding to police or emergencies within 13
1785	1785	their respective police protection district. 14
1786	1786	4. In responding to emergencies outside the corporate 15
1787	1787	boundaries of the police protection district, the police 16
1788	1788	protection district responding may charge up to the 17
1789	1789	following fees: 18
1790	1790	(1) One hundred dollars for responding to each police 19
1791	1791	call or alarm; 20
1792	1792	(2) Five hundred dollars for each hour or a 21
1793	1793	proportional sum for each quarter hou r spent in combating a 22
1794	1794	crime or emergency. 23
1795	1795	5. No property owner shall be liable for fees or 24
1796	1796	charges under this section if the property owner has 25
1797	1797	previously entered into an agreement with the police 26
1798	1798	protection district in writing, prior to the occ urrence of 27
1799	1799	the crime or emergency. 28
1800	1800	85.1355. 1. In counties having a charter form of 1
1801	1801	government and having more than one million inhabitants and 2 SB 379 54
1802	1802	in counties of the first classification which contain a city 3
1803	1803	with a population of one h undred thousand or more 4
1804	1804	inhabitants which adjoins no other county of the first 5
1805	1805	classification, the governing body of each police protection 6
1806	1806	district shall cause an audit to be performed consistent 7
1807	1807	with rules and regulations promulgated by the state aud itor. 8
1808	1808	2. (1) All such districts shall cause an audit to be 9
1809	1809	performed biennially. Each such audit shall cover the 10
1810	1810	period of the two previous fiscal years. 11
1811	1811	(2) Any police protection district with less than 12
1812	1812	fifty thousand dollars in annual re venues may, with the 13
1813	1813	approval of the state auditor, be exempted from the audit 14
1814	1814	requirement of this section if it files appropriate reports 15
1815	1815	on its affairs with the state auditor within five months 16
1816	1816	after the close of each fiscal year and if these reports 17
1817	1817	comply with the provisions of section 105.145. These 18
1818	1818	reports shall be reviewed, approved, and signed by a 19
1819	1819	majority of the members of the governing body of the police 20
1820	1820	protection district seeking exemption. 21
1821	1821	3. Copies of each audit report shall be completed and 22
1822	1822	submitted to the police protection district and the state 23
1823	1823	auditor within six months after the close of the audit 24
1824	1824	period. One copy of the audit report and accompanying 25
1825	1825	comments shall be maintained by the governing body of the 26
1826	1826	police protection district for public inspection at 27
1827	1827	reasonable times in the principal office of the district. 28
1828	1828	The state auditor shall also maintain a copy of the audit 29
1829	1829	report and comment. If any audit report fails to comply 30
1830	1830	with the rules promulgated by the st ate auditor, that 31
1831	1831	official shall notify the police protection district and 32
1832	1832	specify the defects. If the defects specified are not 33
1833	1833	corrected within ninety days from the date of the state 34 SB 379 55
1834	1834	auditor's notice to the district, or if a copy of the 35
1835	1835	required audit report and accompanying comments have not 36
1836	1836	been received by the state auditor within six months after 37
1837	1837	the end of the audit period, the state auditor shall make, 38
1838	1838	or cause to be made, the required audit at the expense of 39
1839	1839	the police protection district . 40
1840	1840	4. The provisions of this section shall not apply to 41
1841	1841	any police protection district based and substantially 42
1842	1842	located in a county of the third classification with a 43
1843	1843	population of at least thirty -one thousand five hundred but 44
1844	1844	not greater than thir ty-three thousand. 45
1845	1845	85.1360. If a property tax has been approved and is 1
1846	1846	being collected for the purpose of supporting a police 2
1847	1847	protection district and such police protection district is 3
1848	1848	dissolved, such tax shall continue to be collect ed and the 4
1849	1849	proceeds of such tax shall be distributed to the governing 5
1850	1850	body of the city formerly containing the dissolved police 6
1851	1851	protection district, provided that the boundaries of the 7
1852	1852	police protection district encompass such city and the tax 8
1853	1853	is used only for providing police protection services within 9
1854	1854	such city. 10
1855	1855	85.1365. 1. Each member of a police protection 1
1856	1856	district board shall be subject to recall from office by the 2
1857	1857	registered voters of the district from which he or she was 3
1858	1858	elected. Proceedings may be commenced for the recall of any 4
1859	1859	police protection district board member by the filing of a 5
1860	1860	notice of intention to circulate a recall petition pursuant 6
1861	1861	to sections 85.1365 to 85.1395. 7
1862	1862	2. Proceedings may not be commence d against any member 8
1863	1863	if, at the time of commencement, that member: 9
1864	1864	(1) Has not held office during his or her current term 10
1865	1865	for a period of more than one hundred eighty days; or 11 SB 379 56
1866	1866	(2) Has one hundred eighty days or less remaining in 12
1867	1867	his or her term; or 13
1868	1868	(3) Has had a recall election determined in his or her 14
1869	1869	favor within the current term of office. 15
1870	1870	85.1370. 1. The notice of intention to circulate a 1
1871	1871	recall petition shall be served personally, or by certified 2
1872	1872	mail, on the board member sought to be recalled. A copy 3
1873	1873	thereof shall be filed, along with an affidavit of the time 4
1874	1874	and manner of service, with the election authority, as 5
1875	1875	defined in chapter 115. A separate notice shall be filed 6
1876	1876	for each board member sought to b e recalled and shall 7
1877	1877	contain all of the following: 8
1878	1878	(1) The name of the board member sought to be recalled; 9
1879	1879	(2) A statement, not exceeding two hundred words in 10
1880	1880	length, of the reasons for the proposed recall; 11
1881	1881	(3) The name(s) and business or residence address(es) 12
1882	1882	of at least one, and not more than five, proponent(s) of the 13
1883	1883	recall. 14
1884	1884	2. Within seven days after the filing of the notice of 15
1885	1885	intention, the board member may file with the election 16
1886	1886	authority a statement, not exceeding two h undred words in 17
1887	1887	length, in answer to the statement of the proponents. If an 18
1888	1888	answer is filed, the board member shall also serve a copy of 19
1889	1889	it, personally or by certified mail, on one of the 20
1890	1890	proponents named in the notice of intention. 21
1891	1891	3. The statement and answer are intended solely for 22
1892	1892	the information of the voters. No insufficiency in form or 23
1893	1893	substance thereof shall affect the validity of the election 24
1894	1894	proceedings. 25
1895	1895	85.1375. Before any signature may be affixed to a 1
1896	1896	recall petition, the petition shall bear all of the 2
1897	1897	following: 3 SB 379 57
1898	1898	(1) A request that an election be called to elect a 4
1899	1899	successor to the board member; 5
1900	1900	(2) A copy of the notice of intention, including the 6
1901	1901	statement of grounds for recall; 7
1902	1902	(3) The answer of the board member sought to be 8
1903	1903	recalled, if any. If the board member has not answered, the 9
1904	1904	petition shall so state; 10
1905	1905	(4) A place for each signer to affix his or her 11
1906	1906	signature, printed name, and residence address including 12
1907	1907	city or unincorporated community. 13
1908	1908	85.1380. Each section of the petition, when submitted 1
1909	1909	to the election authority, shall have attached to it an 2
1910	1910	affidavit signed by the circulator of that section, setting 3
1911	1911	forth all of the following: 4
1912	1912	(1) The printed name of the affiant; 5
1913	1913	(2) The residence address of the affiant; 6
1914	1914	(3) That the affiant circulated that section and saw 7
1915	1915	the appended signatures be written; 8
1916	1916	(4) That according to the best information and belief 9
1917	1917	of the affiant, each signatu re is the genuine signature of 10
1918	1918	the person whose name it purports to be; 11
1919	1919	(5) That the affiant is a registered voter of the 12
1920	1920	police protection district of the board member sought to be 13
1921	1921	recalled; and 14
1922	1922	(6) The dates between which all the signature s to the 15
1923	1923	petition were obtained. 16
1924	1924	85.1385. 1. A recall petition shall be filed with the 1
1925	1925	election authority not more than one hundred eighty days 2
1926	1926	after the filing of the notice of intention. 3
1927	1927	2. The number of qualified signatures required in 4
1928	1928	order to recall an officer shall be equal in number to at 5 SB 379 58
1929	1929	least twenty-five percent of the number of voters who voted 6
1930	1930	in the most recent gubernatorial election in that district. 7
1931	1931	3. Within twenty days from the filing of the recall 8
1932	1932	petition the election authority shall determine whether or 9
1933	1933	not the petition was signed by the required number of 10
1934	1934	qualified signatures. The election authority shall file 11
1935	1935	with the petition a certificate showing the results of the 12
1936	1936	examination. The authority shall give the proponents a copy 13
1937	1937	of the certificate upon their request. 14
1938	1938	4. If the election authority certifies the petition to 15
1939	1939	be insufficient, it may be supplemented within ten days of 16
1940	1940	the date of certificate by filing additional petition 17
1941	1941	sections containing all of the information required by 18
1942	1942	section 85.1380 and this section. Within ten days after the 19
1943	1943	supplemental copies are filed, the election authority shall 20
1944	1944	file with it a certificate stating whether or not the 21
1945	1945	petition as supplemented i s sufficient. 22
1946	1946	5. If the certificate shows that the petition as 23
1947	1947	supplemented is insufficient, no action shall be taken on 24
1948	1948	it; however, the petition shall remain on file. 25
1949	1949	85.1390. 1. If the election authority finds the 1
1950	1950	signatures on the petition, together with the supplementary 2
1951	1951	petition sections if any, to be sufficient, it shall submit 3
1952	1952	its certificate as to the sufficiency of the petition to the 4
1953	1953	police protection district board prior to its next meeting. 5
1954	1954	The certificate shall contain: 6
1955	1955	(1) The name of the member whose recall is sought; 7
1956	1956	(2) The number of signatures required by law; 8
1957	1957	(3) The total number of signatures on the petition; 9
1958	1958	(4) The number of valid signatures on the petition. 10
1959	1959	2. Following the police protection board's receipt of 11
1960	1960	the certificate, the county election authority shall order 12 SB 379 59
1961	1961	an election to be held on one of the election days specified 13
1962	1962	in section 115.123. The election shall be held not less 14
1963	1963	than forty-five days nor more than one hundred twenty days 15
1964	1964	after the police protection district board receives the 16
1965	1965	petition. Nominations hereunder shall be made by filing a 17
1966	1966	statement of candidacy with the election authority. 18
1967	1967	3. At any time prior to forty -two days before the 19
1968	1968	election, the member sought to be recalled may offer his or 20
1969	1969	her resignation. If his or her resignation is offered, the 21
1970	1970	recall question shall be removed from the ballot and the 22
1971	1971	office declared vacant. The member who resigned may not 23
1972	1972	fill the vacancy which shall be filled as provided by law. 24
1973	1973	85.1395. The provisions of chapter 115 governing the 1
1974	1974	conduct of elections shall apply, where appropriate, to 2
1975	1975	recall elections held under sections 85.1365 to 85.1395. 3
1976	1976	The costs of the election sha ll be paid as provided in 4
1977	1977	chapter 115. 5
1978	1978	85.1400. Notwithstanding any other law to the 1
1979	1979	contrary, any board of directors established under the 2
1980	1980	provisions of sections 85.1000 to 85.1400 administering its 3
1981	1981	own retirement or other benefits -related plan shall 4
1982	1982	administer such plan by a separate five -member pension board 5
1983	1983	of trustees. Pension plan participants shall elect three 6
1984	1984	such participants to be submitted to the board of 7
1985	1985	directors. The board of directors shall select two of the 8
1986	1986	three participants to serve on the five -member pension board 9
1987	1987	of trustees. The board of directors shall be the other 10
1988	1988	three members of the five -member pension board of trustees. 11
1989	1989	