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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1152
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
3829S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 77.450, 115.121, 115.124, 162.1060, 184.352, 233.040, 247.060, 247.180,
249.150, 321.210, and 321.610, RSMo, and to enact in lieu thereof twelve new sections
relating to municipal elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 77.450, 115.121, 115.124, 162.1060, 1
184.352, 233.040, 247.060, 247.180, 249.150, 321.210, and 2
321.610, RSMo, are repealed and twelve new sections enacted in 3
lieu thereof, to be known as sections 77.450, 115.121, 115.124, 4
115.710, 162.1060, 184.352, 233.040, 247.060, 247.180, 249.150, 5
321.210, and 321.610, to read as follows:6
77.450. If a vacancy occurs in any elective office 1
other than the office of mayor, a successor to the vacant 2
office shall be selected by appointment by the mayor with 3
the advice and consent of a majority of the remaining 4
members of the council. The council may adopt procedures to 5
fill vacancies consistent with this section. The successor 6
shall serve until the next [available regular] general 7
municipal [April] election day, as described in section 8
115.121. If a vacancy occurs in any office not elective, 9
the mayor shall appoint a suitable person to discharge the 10
duties of the same until the first regular meeting of the 11
council thereafter, at which time the vacancy shall be 12
permanently filled. 13
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115.121. 1. The general election day shall be the 1
first Tuesday after the first Monday in November of even- 2
numbered years. 3
2. The primary election day shall be the first Tuesday 4
after the first Monday in August of even-numbered years. 5
3. The election day for the election of political 6
subdivision and special district officers and for a ballot 7
measure submitted solely to the qualified voters of a 8
particular political subdivision or special district shall 9
be the first Tuesday after the first Monday in [April] 10
November each year, and shall be known as the general 11
municipal election day. 12
115.124. 1. Notwithstanding any other law to the 1
contrary, in a nonpartisan election in any [political 2
subdivision or] special district [including municipal 3
elections in any city, town, or village] with two thousand 4
or fewer inhabitants that have adopted a proposal pursuant 5
to subsection 3 of this section [but excluding municipal 6
elections in any city, town, or village with more than two 7
thousand inhabitants], if the notice provided for in 8
subsection 5 of section 115.127 has been published in at 9
least one newspaper of general circulation as defined in 10
section 493.050 in the district, and if the number of 11
candidates for each office in [a particular political 12
subdivision,] the special district[, or municipality] is 13
equal to the number of positions for each office within the 14
[political subdivision,] special district[, or municipality] 15
to be filled by the election and no ballot measure is placed 16
on the ballot such that a particular political subdivision 17
will owe no proportional elections costs if an election is 18
not held, no election shall be held, and the candidates 19
shall assume the responsibilities of their offices at the 20
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same time and in the same manner as if they had been 21
elected. If no election is held for a particular [political 22
subdivision,] special district[, or municipality] as 23
provided in this section, the election authority shall 24
publish a notice containing the names of the candidates that 25
shall assume the responsibilities of office under this 26
section. Such notice shall be published in at least one 27
newspaper of general circulation as defined in section 28
493.050 in such [political subdivision or] district by the 29
first of the month in which the election would have 30
occurred, had it been contested. Notwithstanding any other 31
provision of law to the contrary, if at any election the 32
number of candidates filing for a particular office exceeds 33
the number of positions to be filled at such election, the 34
election authority shall hold the election as scheduled, 35
even if a sufficient number of candidates withdraw from such 36
contest for that office so that the number of candidates 37
remaining after the filing deadline is equal to the number 38
of positions to be filled. 39
2. The election authority or political subdivision 40
responsible for the oversight of the filing of candidates in 41
any nonpartisan election in any [political subdivision or] 42
special district shall clearly designate where candidates 43
shall form a line to effectuate such filings and determine 44
the order of such filings; except that, in the case of 45
candidates who file a declaration of candidacy with the 46
election authority or political subdivision prior to 5:00 47
p.m. on the first day for filing, the election authority or 48
political subdivision may determine by random drawing the 49
order in which such candidates' names shall appear on the 50
ballot. If a drawing is conducted pursuant to this 51
subsection, it shall be conducted so that each candidate, or 52
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candidate's representative if the candidate filed under 53
subsection 2 of section 115.355, may draw a number at random 54
at the time of filing. If such drawing is conducted, the 55
election authority or political subdivision shall record the 56
number drawn with the candidate's declaration of candidacy. 57
If such drawing is conducted, the names of candidates filing 58
on the first day of filing for each office on each ballot 59
shall be listed in ascending order of the numbers so drawn. 60
3. The governing body of any city, town, or village 61
with two thousand or fewer inhabitants may submit to the 62
voters at any available election, a question to adopt the 63
provisions of subsection 1 of this section for [municipal] 64
special district elections. If a majority of the votes cast 65
by the qualified voters voting thereon are in favor of the 66
question, then the city, town, or village shall conduct 67
[nonpartisan municipal] elections as provided in subsection 68
1 of this section for all nonpartisan elections remaining in 69
the year in which the proposal was adopted and for the six 70
calendar years immediately following such approval. At the 71
end of such six-year period, each such [city, town, or 72
village] special district shall be prohibited from 73
conducting such elections in such a manner unless such a 74
question is again adopted by the majority of qualified 75
voters as provided in this subsection. 76
115.710. 1. Each declaration of candidacy for any 1
city, town, or village office, or any township office in a 2
township organization county shall state the candidate's 3
full name, residence address, office for which such 4
candidate proposes to be a candidate, the party ticket on 5
which he or she wishes to be a candidate, and that if 6
elected he or she will qualify. The declaration shall be in 7
substantially the following form: 8
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2. If the declaration is to be filed in person, it 31
shall be subscribed and sworn to by the candidate before an 32
official authorized to accept his or her declaration of 33
candidacy. If the declaration is to be filed by certified 34
mail or any other means, it shall be subscribed and sworn to 35
9
10
11
12
13
14
15
16
I, ______, a resident and registered voter of
the county of ______ and the state of Missouri,
residing at ______, do announce myself a
candidate for the office of ______ on the ______
party ticket, to be voted for at the general
municipal election to be held on the ______ day
of ______, ______, and I further declare that if
elected to such office I will qualify.
17 __________________ Subscribed and sworn
18
19
Signature of
candidate
to before me this
20 ______ day of
21 ______, ______
22 __________________ __________________
23 Residence address Signature of election
24 official or other officer
25 authorized to
26 administer oaths
27 __________________
28 Mailing address (if different)
29 __________________
30 Telephone Number (Optional)
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by the candidate before a notary public or other officer 36
authorized by law to administer oaths. 37
162.1060. 1. There is hereby established a 1
"Metropolitan Schools Achieving Value in Transfer 2
Corporation", which shall be a public body corporate, for 3
the purpose of implementing an urban voluntary school 4
transfer program within a program area which shall include a 5
city not within a county and any school district located in 6
whole or in part in a county with a population in excess of 7
nine hundred thousand persons which district chooses to 8
participate. The corporation shall be governed by a board 9
of directors consisting of one representative from each 10
school district that participates in the urban voluntary 11
school transfer program selected by the governing body of 12
each such district. The vote of each member of the board 13
shall be weighted proportionately to the percentage of the 14
total of transfer students who attend school in the member's 15
district. 16
2. (1) The corporation's board of directors shall 17
design and operate an urban voluntary school transfer 18
program for all participating districts. The board shall 19
make provision for transportation of all the students and 20
for payment to school districts for the education of such 21
students. Acceptance of students into the program shall be 22
determined by policies enacted by the corporation's board of 23
directors, provided that first preference for acceptance of 24
students shall be granted to students currently attending a 25
district other than the district of residence pursuant to a 26
voluntary transfer program established pursuant to federal 27
desegregation order, decree or agreement. All provisions of 28
this section shall be subject to a settlement incorporated 29
into a final judgment, provided that the financial 30
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provisions of this section shall not be superseded by such 31
settlement. 32
(2) Each district, other than a metropolitan school 33
district, participating in an urban voluntary school 34
transfer program shall place before voters in the district a 35
proposal to continue participation in the urban voluntary 36
school transfer program at the [April election] general 37
municipal election day, as described in section 115.121, 38
during the sixth year of operation of the program. Unless a 39
majority of district voters voting thereon votes to continue 40
participation in the program, each district, other than a 41
metropolitan school district, shall file a plan, no later 42
than the end of the seventh year of the operation of the 43
program, for phase-out of the district's participation in 44
the program, and such plan shall be provided to the state 45
board of education, the transitional school district and the 46
board of directors of the corporation. Each such plan shall 47
provide for elimination of transfers to the district 48
pursuant to this section no later than the following 49
schedule: 50
(a) The ninth year of the program for grades one 51
through three; 52
(b) The tenth year of the program for grades four 53
through six; 54
(c) The eleventh year of the program for grades seven 55
through nine; and 56
(d) The twelfth year of the program for grades ten 57
through twelve. 58
3. (1) Other provisions of law to the contrary 59
notwithstanding, each student participating in the program 60
shall be considered an eligible pupil of the district of 61
residence for the purpose of distributing state aid, except 62
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that students attending school in a metropolitan school 63
district in a program established pursuant to this section 64
shall be considered eligible pupils of the district 65
attended, and provided that the department shall determine 66
the increased state aid eligibility created by including 67
pupils attending school in a program established pursuant to 68
this section as eligible pupils of the district of residence 69
and shall distribute the full amount of such state aid to 70
the metropolitan schools achieving value in transfer 71
corporation and shall not distribute state aid on the basis 72
of such pupils to the district of residence. 73
(2) For each student participating in the program, the 74
corporation shall receive the total of all state and federal 75
aid that would otherwise be paid to the student's district 76
of residence, including, but not limited to, state aid 77
provided pursuant to section 148.360, section 149.015, and 78
sections 163.031 and 163.087. The corporation shall pay a 79
school district that receives a nonresident student from the 80
funds of the corporation in accordance with the provisions 81
of this section and agreements between the corporation and 82
the participating school districts. 83
4. (1) In each of the first two fiscal years, the 84
corporation shall also receive a payment of twenty-five 85
million dollars. 86
(2) For the third year of operation and thereafter, 87
the corporation shall receive transportation state aid, for 88
each student that participates in the program, which shall 89
be in the same amount and on the same basis as would be 90
received by the student's district of residence if the 91
student were attending a school in the attendance zone in 92
the student's district of residence, provided that such 93
reimbursement shall not exceed one hundred fifty-five 94
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percent of the statewide average per pupil cost for 95
transportation for the second preceding school year. 96
(3) Funds received by the corporation pursuant to this 97
subsection may be used for any purpose and need not be 98
expended in the year received. 99
5. The corporation created herein shall have all 100
powers of a public body corporate, except that it shall have 101
no paid employees. The corporation, by contract with any 102
public entity, school district, or private entity, may 103
retain the services of a fiscal agent, make provisions for 104
accounting, transportation management, or other assistance 105
that the corporation may need to carry out its functions, 106
except that no contractor or employee of any contractor 107
acting in a policy-making function shall have ever have been 108
a contractor or employee of the voluntary interdistrict 109
coordinating council or any other program established by the 110
federal district court; except that this restriction shall 111
not apply to transportation contractors or their employees. 112
When a school district located in whole or in part in a 113
county with a population in excess of nine hundred thousand 114
persons ceases to participate in the urban public school 115
transfer program, its representative shall be removed from 116
the corporation's board of directors. When none of the 117
students who reside in a school district in a city not 118
within a county opt to participate in the program, the 119
school district's representative shall be removed from the 120
board of directors. When all of the school districts have 121
ended their participation in the program, in accordance with 122
this subsection, the corporation's operations shall cease, 123
and any funds of the corporation remaining shall be paid to 124
the state of Missouri to the credit of the general revenue 125
fund, except such amounts as the commissioner of education 126
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shall determine should be paid to particular school 127
districts under the regulations applicable to federal 128
programs or returned to the federal government. 129
6. All funds received by the corporation shall become 130
funds of the corporation and paid for the purposes set forth 131
in this section and in accordance with agreements entered 132
into between the corporation and participating school 133
districts and other entities, provided that funds received 134
for particular purposes, under federal or state categorical 135
programs benefitting individual students, shall be paid to 136
the district or entity providing services to the students 137
entitled to such services. The proportionate share of 138
federal and state resources generated by students with 139
disabilities, or the staff serving them, shall be paid to 140
the district where the child is attending school, unless the 141
district of residence is required by law to provide such 142
services to the individual students, except that a special 143
school district containing the district where the child is 144
attending school shall be paid for all unreimbursed expenses 145
for special education services provided to students with 146
disabilities. Funds held by the corporation at the close of 147
a fiscal year may be carried over and utilized by the 148
corporation in subsequent fiscal years for the purposes set 149
forth in this section. 150
7. The board of directors may establish regional 151
attendance zones which map the regions of a district in a 152
city not within a county to corresponding recipient 153
districts within the remainder of the program area. In 154
establishing the regional attendance zones, the board of 155
directors may solicit comments and suggestions from 156
residents of the program area and may adopt one or more 157
regional attendance zones previously established in the 158
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program area pursuant to a federal court desegregation 159
order, decree or agreement. 160
184.352. The following terms whenever used or referred 1
to in sections 184.350 to 184.384 shall unless a different 2
intent clearly appears from the context be construed to have 3
the following meaning: 4
(1) "African-American history museum and cultural 5
subdistrict" shall consist of a political subdistrict which 6
shall provide for the collection, preservation, and 7
exhibition of items relating to the history and culture of 8
African-Americans, more specifically for interpretation 9
through core exhibits that may include wax sculptures, 10
photographs, paintings, and other artistic expressions; and 11
further for the collection of costumes, archaeological 12
anthropological material, artifacts, and memorabilia; and 13
for the maintenance of archives, including manuscripts, 14
personal records, and other material that relates to the 15
African-American experience to American history; and to 16
provide for the preservation of American music traditions, 17
including ragtime, jazz, blues, and gospel; and to provide 18
technical assistance and advisory service for historic 19
research or which may contract with another person with the 20
capability of providing such services; 21
(2) "Art museum subdistrict" shall consist of such 22
institutions and places for the purpose of collection and 23
exhibition of pictures, statuary and other works of art and 24
whatever else may be of artistic interest and appropriate 25
for exhibition in an art gallery or museum for instruction 26
in art and in general for the promotion by all proper means 27
of aesthetic or artistic education; 28
(3) "Board", the governing body of the metropolitan 29
zoological park and museum district; 30
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(4) "Botanical garden subdistrict" shall consist of a 31
political subdistrict which shall provide for the collection 32
and exhibition of displays of things relating to plants or 33
botany, for the promotion of plant life and related 34
subjects, educational and research activities, for the 35
maintenance of a botanical library, and for the promotion by 36
all proper means of public interest in plant life and 37
botany; or which may contract with another person with the 38
capability of providing such services; 39
(5) "City", a constitutional charter city not located 40
within a county; 41
(6) "Commission", the governing body of each of the 42
respective subdistricts as may be authorized as provided in 43
section 184.350, 184.351, or 184.353; 44
(7) "County", a constitutional charter county 45
adjoining a constitutional charter city; 46
(8) "District", the metropolitan zoological park and 47
museum district; 48
(9) "Missouri history museum subdistrict" shall 49
consist of a political subdistrict which shall provide for 50
the collection, preservation, and exhibition of items 51
relating to the history of the entire state of Missouri and 52
of the Louisiana Purchase Territory, and more specifically 53
for the collection and display of photographs, paintings, 54
costumes, archaeological and anthropological material, 55
artifacts and memorabilia pertaining to the political, 56
commercial and cultural history of the region, including 57
extensive artifacts, memorabilia, historical documents 58
concerning the first solo transatlantic flight, for the 59
promotion of archaeological and historical studies, for the 60
maintenance of a history library and archives, including 61
manuscripts documenting the first United States-sponsored 62
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exploratory expedition of the Louisiana Purchase Territory 63
as well as papers of the president who authorized the 64
Louisiana Purchase, and for the promotion by all proper 65
means of public interest in the history of Missouri and the 66
region in which it is located, and, as otherwise provided by 67
law and in cooperation with the department of natural 68
resources of the state of Missouri, to provide technical 69
assistance and advisory services for the collection, 70
preservation, and exhibition of recordings, instruments, and 71
memorabilia of ragtime, jazz and blues music including 72
ragtime pianos and ragtime piano sheet music to be housed 73
and maintained at the Scott Joplin house state historic 74
site; or which may contract with another person having all 75
of the historical materials listed herein as well as the 76
capability of providing all of the services listed herein; 77
(10) "Recreation and amateur sports subdistrict" shall 78
consist of a political subdistrict which shall provide for 79
and assist in the planning, development, financing, 80
maintenance, improvement and construction of facilities and 81
venues to be publicly owned and operated by political 82
subdivisions, public school districts, universities and 83
colleges, or not-for-profit corporations chartered to 84
attract, promote and manage major national and international 85
amateur sports events, competitions and programs for the use 86
of the general public. Such subdistrict shall structure its 87
procedures for procuring supplies, services and construction 88
to achieve the result that a minimum of twenty percent in 89
the aggregate of the total dollar value of annual 90
procurements is made directly or indirectly from certified 91
socially and economically disadvantaged small business 92
concerns; 93
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(11) "St. Louis Science Center subdistrict" shall 94
consist of such institutions and places for the purpose of 95
collection and exhibition of displays of items of natural 96
historical, industrial, transport and scientific interest, 97
the instruction and recreation of the people, for the 98
promotion of the study of science, industrial, transport and 99
natural history and kindred subjects and for the promotion 100
by all proper means of public interest in natural history, 101
transport, industry and science; 102
(12) "Special election", [an election held on the 103
first Tuesday of April] the general municipal election day, 104
as described in section 115.121, or whenever propositions 105
are submitted to the voters of the whole district; 106
(13) "Symphony orchestra subdistrict" shall consist of 107
a political subdistrict which shall provide for regular 108
performances of a symphony orchestra with not less than 109
ninety full-time symphonic musicians, own its own concert 110
hall in which a substantial number of its concerts shall be 111
held, and provide for the promotion by all proper means of 112
public interest in music; or which may contract with another 113
person with the capability of providing such services and 114
which owns it own concert hall; 115
(14) "Transport museum subdistrict" shall consist of a 116
political subdistrict which shall provide for institutions 117
and places for the edification of the public in the history 118
and science of transportation, communications and powering, 119
and more specifically for the preservation and display of 120
artifacts related to man's efforts to transport materials, 121
people, and ideas and to create, transmit, and utilize 122
power, and for the provision of a library of publications 123
and other records containing history and technology related 124
to transportation, communications and powering, and 125
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facilities for the study of such efforts; or which may 126
contract with another person with the capability of 127
providing such services; 128
(15) "Zoological subdistrict" shall consist of such 129
institutions and places for the collection and exhibition of 130
animals and animal life, for the instruction and recreation 131
of the people, for the promotion of zoology and kindred 132
subjects, for the encouragement of zoological study and 133
research and for the increase of public interest in wild 134
animals and in the protection of wild animal life. 135
233.040. 1. The mayor and members of the city council 1
of any city or town within any special road district thus 2
organized, together with the members of the county 3
commission of the county in which said district is located, 4
at a meeting to be held in the meeting place of the county 5
commission, at which meeting the presiding commissioner of 6
the county commission shall preside and the county clerk 7
shall act as clerk, within two weeks after the voters within 8
the territory of such proposed district shall adopt the 9
provisions of sections 233.010 to 233.165, shall, by order 10
of record to be kept by the county clerk, appoint a board of 11
commissioners composed of three persons, designating one to 12
serve for three years, one for two years and one for one 13
year, and in February every year thereafter one special road 14
district commissioner shall be appointed as above specified, 15
to serve for three years. However, beginning in 1994, the 16
commissioner whose appointment will expire in February, 17
1994, shall serve until the first Tuesday in April of that 18
year at which time a commissioner shall be elected to hold 19
office for three years and until a successor is elected, 20
commissioned, and qualified. Those commissioners whose 21
terms expire in 1995 or 1996 shall serve until the first 22
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Tuesday in April in 1995 or 1996, respectively, at which 23
time a commissioner shall be elected to hold office for 24
three years and until a successor is elected, commissioned, 25
and qualified to replace each commissioner. All subsequent 26
commissioners shall be elected at the [appropriate] general 27
municipal election [held on the first Tuesday in April] day, 28
as described in section 115.121, for three-year terms. An 29
appointee shall be eligible to file for election as 30
commissioner. The nominations and elections shall be 31
governed by the provisions of law relating to the nomination 32
and election of persons on a nonpartisan basis at such 33
elections. All such commissioners shall be resident 34
taxpayers of the district, and shall serve until their 35
successors are appointed or elected and qualified, with 36
vacancies to be filled by the county commission. 37
Resignations shall be to the county clerk. Removal from the 38
district shall create a vacancy. 39
2. Such commissioners, before entering upon the 40
discharge of their duties, shall take oath of office, to be 41
administered by the clerk of the county commission. 42
247.060. 1. The management of the business and 1
affairs of the district is hereby vested in a board of 2
directors, who shall have all the powers conferred upon the 3
district except as herein otherwise provided. It shall be 4
composed of five members, each of whom shall be a voter of 5
the district and shall have resided in said district one 6
whole year immediately prior to his or her election. A 7
member shall be at least twenty-five years of age and shall 8
not be delinquent in the payment of taxes at the time of his 9
election. Except as provided in subsection 2 of this 10
section, the term of office of a member of the board shall 11
be three years. The remaining members of the board shall 12
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appoint a qualified person to fill any vacancy on the 13
board. If no qualified person who lives in the subdistrict 14
for which there is a vacancy is willing to serve on the 15
board, the board may appoint an otherwise qualified person 16
who lives in the district but not in the subdistrict in 17
which the vacancy exists to fill such vacancy. 18
2. After notification by certified mail that he or she 19
has two consecutive unexcused absences, any member of the 20
board failing to attend the meetings of the board for three 21
consecutive regular meetings, unless excused by the board 22
for reasons satisfactory to the board, shall be deemed to 23
have vacated the seat, and the secretary of the board shall 24
certify that fact to the board. The vacancy shall be filled 25
as other vacancies occurring in the board. 26
3. The initial members of the board shall be appointed 27
by the circuit court and one shall serve until the 28
immediately following first Tuesday after the first Monday 29
in April, two shall serve until the first Tuesday after the 30
first Monday in April on the second year following their 31
appointment and the remaining appointees shall serve until 32
the first Tuesday after the first Monday in April on the 33
third year following their appointment. On the expiration 34
of such terms and on the expiration of any subsequent term, 35
elections shall be held as otherwise provided by law, and 36
such elections shall be held [in April] pursuant to section 37
247.180. 38
4. In 2008, 2009, and 2010, directors elected in such 39
years shall serve from the first Tuesday after the first 40
Monday in June until the first Tuesday in April of the third 41
year following the year of their election. All directors 42
elected thereafter shall serve from the first Tuesday in 43
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April until the first Tuesday in April of the third year 44
following the year of their election. 45
5. Each member of the board may receive an attendance 46
fee not to exceed one hundred dollars for attending each 47
regularly called board meeting, or special meeting, but 48
shall not be paid for attending more than two meetings in 49
any calendar month, except that in a county of the first 50
classification, a member shall not be paid for attending 51
more than four meetings in any calendar month. However, no 52
board member shall be paid more than one attendance fee if 53
such member attends more than one board meeting in a 54
calendar week. In addition, the president of the board of 55
directors may receive fifty dollars for attending each 56
regularly or specially called board meeting, but shall not 57
be paid the additional fee for attending more than two 58
meetings in any calendar month. Each member of the board 59
shall be reimbursed for his or her actual expenditures in 60
the performance of his or her duties on behalf of the 61
district. 62
6. In no event, however, shall a board member receive 63
any attendance fees or additional compensation authorized in 64
subsection 5 of this section until after such board member 65
has completed a minimum of six hours training regarding the 66
responsibilities of the board and its members concerning the 67
basics of water treatment and distribution, budgeting and 68
rates, water utility planning, the funding of capital 69
improvements, the understanding of water utility financial 70
statements, the Missouri sunshine law, and this chapter. 71
7. The circuit court of the county having jurisdiction 72
over the district shall have jurisdiction over the members 73
of the board of directors to suspend any member from 74
exercising his or her office, whensoever it appears that he 75
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or she has abused his or her trust or become disqualified; 76
to remove any member upon proof or conviction of gross 77
misconduct or disqualification for his or her office; or to 78
restrain and prevent any alienation of property of the 79
district by members, in cases where it is threatened, or 80
there is good reason to apprehend that it is intended to be 81
made in fraud of the rights and interests of the district. 82
8. The jurisdiction conferred by this section shall be 83
exercised as in ordinary cases upon petition, filed by or at 84
the instance of any member of the board, or at the instance 85
of any ten voters residing in the district who join in the 86
petition, verified by the affidavit of at least one of 87
them. The petition shall be heard in a summary manner after 88
ten days' notice in writing to the member or officer 89
complained of. An appeal shall lie from the judgment of the 90
circuit court as in other causes, and shall be speedily 91
determined; but an appeal does not operate under any 92
condition as a supersedeas of a judgment of suspension or 93
removal from office. 94
247.180. 1. Regular elections and elections held for 1
the purposes of section 247.130 shall be called annually by 2
the board of directors on the [first Tuesday after the first 3
Monday in April] general municipal election day, as 4
described in section 115.121. Such elections shall be 5
conducted by the appropriate election authority pursuant to 6
chapter 115. 7
2. Notwithstanding any other provision of law, if 8
there is only one candidate for the post of director of any 9
given subdistrict, then no election shall be held, and the 10
candidate or candidates shall assume the responsibilities of 11
their offices at the same time and in the same manner as if 12
elected. If there is no candidate for the post of any given 13
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subdistrict, then no election shall be held for that post 14
and it shall be considered vacant, to be filled pursuant to 15
the provisions of section 247.060. 16
249.150. On the [first Tuesday in April] general 1
municipal election day, as described in section 115.121, 2
after the expiration of two years from the date of the 3
election of the first board of trustees for respective terms 4
of two, four and six years each, an election shall be called 5
and held by the board of trustees and every two years 6
thereafter shall be so called and held for the purpose of 7
electing a trustee who shall serve for a term of six years 8
and until his successor shall have been elected and 9
qualified to fill the office of the trustee whose term may 10
then expire and any vacancy then existing in the membership 11
of said board shall be filled at such election. 12
321.210. On the [first Tuesday in April after the 1
expiration of at least two full calendar years from the date 2
of the election of the first board of directors, and on the 3
first Tuesday in April] general municipal election day, as 4
described in section 115.121, every two years [thereafter], 5
an election for members of the board of directors shall be 6
held in the district. Nominations shall be filed at the 7
headquarters of the fire protection district in which a 8
majority of the district is located by paying a filing fee 9
equal to the amount of a candidate for county office as set 10
forth under section 115.357 and filing a statement under 11
oath that the candidate possesses the required 12
qualifications. The candidate receiving the most votes 13
shall be elected. Any new member of the board shall qualify 14
in the same manner as the members of the first board qualify. 15
321.610. 1. In addition to all other limits set forth 1
in this chapter, the board in counties of the first 2
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classification shall in each year determine the amount of 3
money necessary to be raised by taxation, and shall fix a 4
rate of levy which, when levied upon every dollar of the 5
taxable tangible property within the district as shown by 6
the last completed assessment, and with other revenues, will 7
raise the amount required by the district annually to supply 8
funds for paying the expenses of organization and operation 9
and the costs of acquiring, supplying and maintaining the 10
property, works and equipment of the district, and maintain 11
the necessary personnel, which rate of levy shall not exceed 12
forty cents on the one hundred dollars valuation. The board 13
in any county of the first classification having a 14
population in excess of nine hundred thousand may fix an 15
additional rate not to exceed twenty-five cents on the 16
hundred dollars valuation and the board in all other first 17
classification counties may fix an additional rate, not to 18
exceed fifteen cents on the hundred dollars valuation, the 19
revenues from which shall be deposited in a special fund and 20
used only for the pension program of the district, by 21
submitting the following question to the voters at the 22
municipal general, primary or general election in such 23
district or at any election at which a member of the board 24
of directors is to be elected: 25
Shall the board of directors of ______ Fire 26
Protection District be authorized to levy an 27
annual tax rate of ______ cents per one hundred 28
dollars valuation, the revenues from which shall 29
be deposited in a special fund and used only for 30
the pension program of the district? 31
2. Any district approving a tax levy rate pursuant to 32
the provisions of subsection 1 of this section shall 33
transfer all revenue collected plus interest monthly for 34
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deposit in the district retirement fund. The board of 35
directors for the fire protection district shall comply with 36
the prudent investor standard for investment fiduciaries as 37
provided in section 105.688 when investing the assets of the 38
pension program. 39
3. Any district may impose a tax not to exceed ten 40
cents on the one hundred dollars valuation, in addition to 41
the rate which the board may levy pursuant to this section, 42
by submitting the following question to the voters at any 43
election in such district held on the [first Tuesday in 44
April] general municipal election day, as described in 45
section 115.121, of any year: 46
Shall the board of directors of ______ Fire 47
District be authorized to increase the annual 48
tax rate from ______ cents to ______ cents on 49
the hundred dollars assessed valuation? 50
and in addition thereto, to fix a rate of levy which will 51
enable it to promptly pay in full when due all interest on 52
and principal of bonds and other obligations of the 53
district, and to pay any indebtedness authorized by a vote 54
of the people as provided by sections 321.010 to 321.450; 55
and in the event of accruing defaults or deficiencies in the 56
bonded or contractual indebtedness, an additional levy may 57
be made as provided in section 321.260. 58
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