Missouri 2025 Regular Session

Missouri Senate Bill SB813 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 813
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR BLACK.
88 3067S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 190.050, 190.051, 190.052, and 190.090, RSMo, and to enact in lieu thereof
1111 four new sections relating to ambulance districts.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 190.050, 190.051, 190.052, and 1
1515 190.090, RSMo, are repealed and four new sections enacted in 2
1616 lieu thereof, to be known as sectio ns 190.050, 190.051, 190.052, 3
1717 and 190.090, to read as follows:4
1818 190.050. 1. After the ambulance district has been 1
1919 declared organized, the declaring county commission, except 2
2020 in counties of the second class having more than one hundred 3
2121 five thousand inhabitants located adjacent to a county of 4
2222 the first class having a charter form of government which 5
2323 has a population of over nine hundred thousand inhabitants, 6
2424 shall [divide the district into six election districts as 7
2525 equal in population as possib le, and shall by lot number the 8
2626 districts from one to six inclusive. The county commission 9
2727 shall] cause an election to be held in the ambulance 10
2828 district within ninety days after the order establishing the 11
2929 ambulance district to elect ambulance district directors. 12
3030 Each voter shall vote for one director from the ambulance 13
3131 [election] district in which the voter resides. The two 14
3232 directors elected [from districts one and four ] with the 15
3333 lowest number of votes shall serve for a term of one year, 16
3434 the two directors elected [from districts two and five ] with 17 SB 813 2
3535 the third and fourth highest number of votes shall serve for 18
3636 a term of two years, and the two directors [from districts 19
3737 three and six] with the highest number of votes shall serve 20
3838 for a term of three years; thereafter, the terms of all 21
3939 directors shall be three years. All directors shall serve 22
4040 the term to which they were elected or appointed, and until 23
4141 their successors are elected and qualified, except in cases 24
4242 of resignation or disqualification. [The county commission 25
4343 shall reapportion the ambulance districts within sixty days 26
4444 after the population of the county is reported to the 27
4545 governor for each decennial census of the United States. ] 28
4646 Notwithstanding any other provision of law, if the num ber of 29
4747 candidates for the office of director is no greater than the 30
4848 number of directors to be elected, no election shall be 31
4949 held, and the candidates shall assume the responsibilities 32
5050 of their offices at the same time and in the same manner as 33
5151 if they have been elected. 34
5252 2. In all counties of the second class having more 35
5353 than one hundred five thousand inhabitants located adjacent 36
5454 to a county of the first class having a charter form of 37
5555 government which has a population of over nine hundred 38
5656 thousand inhabitants, the voters shall vote for six 39
5757 directors elected at large from within the district for a 40
5858 term of three years. Those directors holding office in any 41
5959 district in such a county on August 13, 1976, shall continue 42
6060 to hold office until the e xpiration of their terms, and 43
6161 their successors shall be elected from the district at large 44
6262 for a term of three years. In any district formed in such 45
6363 counties after August 13, 1976, the governing body of the 46
6464 county shall cause an election to be held in that district 47
6565 within ninety days after the order establishing the 48
6666 ambulance district to elect ambulance district directors. 49 SB 813 3
6767 Each voter shall vote for six directors. The two candidates 50
6868 receiving the highest number of votes at such election shall 51
6969 be elected for a term of three years, the two candidates 52
7070 receiving the third and fourth highest number of votes shall 53
7171 be elected for a term of two years, the two candidates 54
7272 receiving the fifth and sixth highest number of votes shall 55
7373 be elected for a term o f one year; thereafter, the term of 56
7474 all directors shall be three years. 57
7575 3. A candidate for director of the ambulance district 58
7676 shall, at the time of filing, be a citizen of the United 59
7777 States, [a qualified voter of the election district as 60
7878 provided in subsection 1 of this section, ] a resident of the 61
7979 district for two years next preceding the election, and 62
8080 shall be at least twenty -four years of age. In an 63
8181 established district which is located within the 64
8282 jurisdiction of more than one election auth ority, the 65
8383 candidate shall file his or her declaration of candidacy 66
8484 with the secretary of the board. In all other districts, a 67
8585 candidate shall file a declaration of candidacy with the 68
8686 county clerk of the county in which he or she resides. A 69
8787 candidate shall file a statement under oath that he or she 70
8888 possesses the required qualifications. No candidate's name 71
8989 shall be printed on any official ballot unless the candidate 72
9090 has filed a written declaration of candidacy pursuant to 73
9191 subsection 5 of section 115.127. If the time between the 74
9292 county commission's call for a special election and the date 75
9393 of the election is not sufficient to allow compliance with 76
9494 subsection 5 of section 115.127, the county commission 77
9595 shall, at the time it calls the special ele ction, set the 78
9696 closing date for filing declarations of candidacy. 79
9797 190.051. 1. Notwithstanding the provisions of 1
9898 sections 190.050 and 190.052 to the contrary, upon a motion 2 SB 813 4
9999 by the board of directors in districts where there are six - 3
100100 member boards, and upon approval by the voters in the 4
101101 district, the number of directors may be increased to seven 5
102102 [with one board member running district wide, ] or decreased 6
103103 to five or three board members. The ballot to be used for 7
104104 the approval of the voters to increase or decrease the 8
105105 number of members on the board of directors of the ambulance 9
106106 district shall be substantially in the following form: 10
107107 2. If a majority of the voters voting on a proposition 17
108108 to increase the number of board members to seven vote in 18
109109 favor of the proposition, then at the next election of board 19
110110 members after the voters vote to increase the number of 20
111111 directors, the voters shall selec t one person to serve in 21
112112 addition to the existing six directors as the member who 22
113113 shall run district wide. 23
114114 3. If a majority of the voters voting on a proposition 24
115115 to decrease the number of board members vote in favor of the 25
116116 proposition, then [the county clerk shall redraw the 26
117117 district into the resulting number of subdistricts with 27
118118 equal population bases and hold elections by subdistricts 28
119119 pursuant to section 190.050 ] the existing board members 29
120120 shall complete their terms, but at each subsequent e lection, 30
121121 one seat shall be eligible for reelection until the correct 31
122122 number of directors is reached . Thereafter, members of the 32
123123 11
124124 12
125125 13
126126 14
127127 15
128128 Shall the number of members of the board of
129129 directors of the ______ (Insert name of district)
130130 Ambulance District be (increased to seven
131131 members/decreased to five members/decreased to
132132 three members)?
133133
134134 16 □ YES □ NO SB 813 5
135135 board shall be elected to serve terms of three years and 33
136136 until their successors are duly elected and qualified. 34
137137 4. Members of the board of directors in office on the 35
138138 date of an election pursuant to this section to increase or 36
139139 decrease the number of members of the board of directors 37
140140 shall serve the term to which they were elected or appointed 38
141141 and until their successor s are elected and qualified. 39
142142 190.052. Any member of the board of directors who 1
143143 moves residency from the district [from which the member was 2
144144 elected] shall be disqualified as a member of the board. If 3
145145 one or two vacancies occur in the membership of the board as 4
146146 a result of death, resignation, or disqualification, the 5
147147 remaining members shall appoint one or two qualified 6
148148 persons, as provided in section 190.050, to fill the 7
149149 vacancies until the end of the unexpired term. Such 8
150150 appointment shall be made with the consent of a majority of 9
151151 the remaining members of the board. If the board is unable 10
152152 to agree in filling a vacancy within sixty days or if there 11
153153 are more than two vacancies at any one time, the county 12
154154 commission, upon not ice from the board of failure to agree 13
155155 in filling the vacancies, shall within ten days fill them by 14
156156 appointment of qualified persons, as provided in section 15
157157 190.050, and shall notify the persons in writing of their 16
158158 appointment. The persons appointed s hall serve for the 17
159159 unexpired term. 18
160160 190.090. 1. Two or more organized ambulance districts 1
161161 may consolidate into one ambulance district by following the 2
162162 procedures set forth in this section. 3
163163 2. If the consolidation of existing am bulance 4
164164 districts is desired, a number of voters residing in an 5
165165 existing ambulance district equal to ten percent of the vote 6
166166 cast for governor in the existing district in the next 7 SB 813 6
167167 preceding gubernatorial election may file with the county 8
168168 clerk in which the territory or greater part of the proposed 9
169169 consolidated district is situated a petition requesting the 10
170170 consolidation of two or more existing ambulance districts. 11
171171 3. The petition shall be in the following form: 12
172172 We, the undersigned voters o f the ______ 13
173173 ambulance district do hereby petition that 14
174174 ______ existing ambulance districts be 15
175175 consolidated into one consolidated ambulance 16
176176 district to be known as the __________ ambulance 17
177177 district, subject to the attached consolidation 18
178178 plan. 19
179179 4. An alternative procedure of consolidation may be 20
180180 followed, if the board of directors of the existing 21
181181 ambulance districts pass a resolution in the following form: 22
182182 Be it resolved by the board of directors of 23
183183 the ambulance district that the ______ a mbulance 24
184184 districts be consolidated into one consolidated 25
185185 ambulance district to be known as the __________ 26
186186 ambulance district, subject to the attached 27
187187 consolidation plan. 28
188188 5. Every petition or resolution shall be accompanied 29
189189 by a consolidation pla n outlining the process for the 30
190190 proposed consolidation. At a minimum, the consolidation 31
191191 plan shall include the following: 32
192192 (1) The name and a legal description of the boundaries 33
193193 of the proposed consolidated district and the proposed tax 34
194194 levy to be imposed by the consolidated district. In the 35
195195 event that the proposed plan is for the consolidation into 36
196196 an existing district, the consolidation plan shall clearly 37
197197 state that the existing district shall continue as the legal 38
198198 entity into which the oth er districts are consolidated; 39 SB 813 7
199199 (2) The names of the districts to be consolidated, 40
200200 accompanied by a list of all real property owned, financial 41
201201 assets currently held, all outstanding bonds or debts, and 42
202202 the current tax levies imposed by each distric t; 43
203203 (3) The name of the district which shall be 44
204204 responsible for maintaining ambulance service during the 45
205205 consolidation, including continuing operations, 46
206206 administration, and governance of the consolidated district; 47
207207 provided that there shall be a pr esumption that the district 48
208208 with the largest operating budget in the preceding year 49
209209 shall assume this responsibility; 50
210210 (4) The proposed individuals who will serve as the 51
211211 initial directors, provided that such directors shall be 52
212212 chosen from among th e existing board members of the 53
213213 districts to be consolidated, such that there is at least 54
214214 one director from each of the districts to be consolidated; 55
215215 and 56
216216 (5) A proposed time line for consolidation, which 57
217217 shall not exceed one hundred eighty days; provided that such 58
218218 time line shall be subject to modification by the board of 59
219219 the consolidated district for good cause. 60
220220 6. Upon the filing of a petition, or a resolution, and 61
221221 a consolidation plan with the county clerk from each of the 62
222222 ambulance districts proposed to be consolidated, the county 63
223223 clerk shall present the petition or resolution and 64
224224 consolidation plan to the commissioners of the county 65
225225 [commission having jurisdiction who shall thereupon order 66
226226 the submission of the question to the vo ters of the 67
227227 districts. The filing of each of the petitions in the 68
228228 ambulance districts shall have occurred within a continuous 69
229229 twelve-month period]. 70 SB 813 8
230230 [6. The notice shall set forth the names of the 71
231231 existing ambulance districts to be included in th e 72
232232 consolidated district. 73
233233 7. The question shall be submitted in substantially 74
234234 the following form: 75
235235 Shall the existing ______ ambulance 76
236236 districts be consolidated into one ambulance 77
237237 district? 78
238238 8. If the county commission having jurisdiction finds 79
239239 that the question to consolidate the districts received a 80
240240 majority of the votes cast, the commission shall make and 81
241241 enter its order declaring that the proposition passed. 82
242242 9. Within thirty days after the district has been 83
243243 declared consolidated, the county commission shall divide 84
244244 the district into six election districts and shall order an 85
245245 election to be held and conducted as provided in section 86
246246 190.050 for the election of directors. 87
247247 10. Within thirty days after the election of the 88
248248 initial board of directors of the district, the directors 89
249249 shall meet and the time and place of the first meeting of 90
250250 the board shall be designated by the county commission. At 91
251251 the first meeting the newly elected board of directors shall 92
252252 choose a name for the consolidated district and shall notify 93
253253 the clerk of the county commission of each county within 94
254254 which the consolidated district is located of the name of 95
255255 the consolidated district. 96
256256 11. On the thirtieth day following the election of the 97
257257 board of directors, the existing ambulance districts shall 98
258258 cease to exist and the consolidated district shall assume 99
259259 all of the powers and duties exercised by those districts. 100
260260 All assets and obligations of the existing ambulance 101
261261 districts shall become ass ets and obligations of the 102 SB 813 9
262262 consolidated district ] who shall record such documents in 103
263263 the records of the county. Petitions or resolutions shall 104
264264 be received from all ambulance districts proposed to be 105
265265 consolidated within the same calendar year or they s hall be 106
266266 considered null. 107
267267 7. Each of the ambulance districts seeking to 108
268268 consolidate shall post the notice of the intent to 109
269269 consolidate in the same manner that district public meetings 110
270270 are posted. In addition, publication of such notice of 111
271271 intent shall be made in a newspaper of general circulation 112
272272 in every county in which the proposed consolidated ambulance 113
273273 district shall be located, with publication to be made once 114
274274 per week for two consecutive weeks. A public hearing shall 115
275275 be held jointly by all ambulance districts seeking to 116
276276 consolidate at a location within the boundaries of the 117
277277 proposed consolidated ambulance district, provided that such 118
278278 hearing shall be no more than ten days after the date of the 119
279279 second publication. The notice of intent shall be in 120
280280 substantially the following form: 121
281281 122
282282 123
283283 NOTICE OF THE FILING OF A PETITION/RESOLUTION FOR
284284 CONSOLIDATION OF THE ______ AMBULANCE DISTRICTS
285285
286286 124
287287 125
288288 126
289289 127
290290 128
291291 129
292292 130
293293 131
294294 132
295295 133
296296 To all voters, residents, and interested persons
297297 within the boundaries of the above -described
298298 ambulance districts: You are hereby notified that
299299 a petition/resolution has been filed for the
300300 consolidation of the above -named ambulance
301301 districts into one cons olidated ambulance district
302302 to be known as _____ ambulance district. A
303303 proposed consolidation plan is available for
304304 inspection at the office of the County Clerk of
305305 _____ County.
306306
307307 134
308308 135
309309 136
310310 A public hearing will be held on ______ (date) at
311311 ________ (time) at the following location:
312312 ________. The purpose of this public hearing
313313 shall be to explain the reasons for the
314314 SB 813 10
315315 8. If no objections are filed with the county clerk 147
316316 within thirty days of the public hearing, subject to the 148
317317 restrictions provided in subsecti on 11 of this section, then 149
318318 within forty-five days following the date of the public 150
319319 hearing, the county commission shall order the districts 151
320320 consolidated pursuant to the terms of the consolidation plan 152
321321 and shall further appoint as directors those indiv iduals 153
322322 identified in the consolidation plan. The county commission 154
323323 shall further set a date, time, and location for the first 155
324324 meeting of the directors of the newly consolidated district. 156
325325 9. Upon receipt of any objections filed, the county 157
326326 clerk shall verify that such objections are signed by the 158
327327 necessary number of voters of the district. If said 159
328328 objections are signed by an appropriate number of voters, 160
329329 the county commission of each county in which the proposed 161
330330 consolidated district is to be located shall thereupon order 162
331331 the submission of the question to the voters of the 163
332332 districts as follows: 164
333333 Shall the existing ______ ambulance districts be 165
334334 consolidated into one ambulance district to be 166
335335 known as the _________ ambulance district, and 167
336336 such consolidated district shall be authorized 168
337337 to levy a property tax not to exceed the annual 169
338338 137
339339 138
340340 consolidation and answer questions from the
341341 public.
342342 139
343343 140
344344 141
345345 142
346346 143
347347 144
348348 145
349349 146
350350 Objections to this consolidation may be filed with
351351 the County Clerk of _____ County, provided such
352352 objections are filed in writing not more than
353353 thirty days after the public hearing. Any such
354354 objection shall be signed by a number of voters
355355 not less than five percent of the votes cast for
356356 governor in the most recent gubernatorial
357357 election.
358358 SB 813 11
359359 rate of ______ cents on the hundred dollars 170
360360 assessed valuation and/or a sales tax in an 171
361361 amount not to exceed ______ percent? 172
362362 If the county commission having jur isdiction finds that the 173
363363 question to consolidate the districts received a majority of 174
364364 the votes cast, the commission shall make and enter its 175
365365 order declaring that the proposition passed. The county 176
366366 commission shall further order the districts consolid ated 177
367367 pursuant to the terms of the consolidation plan and shall 178
368368 further appoint as directors those individuals identified in 179
369369 the consolidation plan. The county commission shall further 180
370370 set a date, time, and location for the first meeting of the 181
371371 directors of the newly consolidated district. 182
372372 10. Notwithstanding any other provision of law to the 183
373373 contrary, the consolidated district may impose an initial 184
374374 tax levy not to exceed the highest tax levy imposed by the 185
375375 consolidating districts, provided su ch tax levy is 186
376376 specifically set forth in the question submitted to and 187
377377 approved by the voters of the consolidating district. 188
378378 11. In the absence of a vote of the people as provided 189
379379 in subsection 9 of this section, no consolidated ambulance 190
380380 district shall be permitted to impose a property tax greater 191
381381 than the lowest of any existing property tax rate of the 192
382382 districts to be consolidated, nor shall the consolidated 193
383383 ambulance district be permitted to impose any sales tax 194
384384 greater than the lowest of a ny existing sales tax rate of 195
385385 the districts to be consolidated. 196
386386 12. Upon written certification by the board of 197
387387 directors of the consolidated district to the prior district 198
388388 that the consolidated district has obtained the necessary 199
389389 licenses and permits to operate an ambulance service and all 200 SB 813 12
390390 directors of such consolidated district have completed the 201
391391 training required by section 190.053, the existing ambulance 202
392392 districts shall cease to exist and the consolidated district 203
393393 shall assume all of the po wers and duties exercised by those 204
394394 districts. All assets and obligations of the existing 205
395395 ambulance districts shall become assets and obligations of 206
396396 the consolidated district. 207
397397 13. Subject to the limitations of subsection 10 of 208
398398 this section, any ambulance district which has contracted 209
399399 for ambulance service with another ambulance district for 210
400400 more than five consecutive years may submit a joint 211
401401 resolution executed by the boards of both ambulance 212
402402 districts to the county clerk of the county in whic h the 213
403403 larger area of the proposed consolidated district is located 214
404404 requesting consolidation of said districts by consolidating 215
405405 the smaller districts into the larger district. Such 216
406406 resolution may be accompanied by a consolidation plan as 217
407407 provided in this section. Upon the receipt of such joint 218
408408 resolution, the county commission shall promptly order the 219
409409 smaller districts consolidated into the larger district, 220
410410 pursuant to the terms of the consolidation plan without the 221
411411 necessity of notice or hearing . 222
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