Creates provisions relating to police protection districts

SECOND REGULAR SESSION
SENATE BILL NO. 1512
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOSLEY .
3369S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 85, RSMo , by adding thereto seventy -two new sections relating to police
protection districts, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 85, RSMo, is amended by adding thereto 1
seventy-two new sections, to be known as sections 85.1000, 2
85.1005, 85.1010, 85.1015, 85.1020, 85.1025, 85.1030, 85.1035, 3
85.1040, 85.1045, 85.1050, 85.1055, 85.1060, 85.1065, 85.1070, 4
85.1075, 85.1080, 85.1085, 85.1090, 85.1100, 85.1105, 85.1110, 5
85.1115, 85.1120, 85.1125, 85.1130, 85.1135, 85.1140, 85.1145, 6
85.1150, 85.1155, 85.1160, 85.1165, 85.1170, 85.1175, 85.1180, 7
85.1185, 85.1190, 85.1195, 85.1200, 85.1205, 85.1210, 85.1215, 8
85.1220, 85.1225, 85.1230, 85.1235, 85.1240, 85.1245, 85.1250, 9
85.1255, 85.1260, 85.1265, 85.1270, 85.1275, 85.1280, 85.1285, 10
85.1290, 85.1300, 85.1305, 85.1310, 85.1340, 85.1355, 85.1360, 11
85.1365, 85.1370, 85.1375, 85.1380, 85.1385, 85.1390, 85.1395, 12
and 85.1400, to read as follows:13
85.1000. 1. A "police protection district" is a 1
political subdivision which is organized and empowered to 2
supply protection by any available means to persons and 3
property against injuries and damage from crimes and from 4
hazards which do or may cause harm or injury to persons and 5
property, and which is also empowered to render first aid 6
for the purpose of saving lives, and to give assistance in 7
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the event of an accident or emergency of any kind. The 8
district shall consist of contiguous tracts or parcels of 9
property containing all or parts of one county, and may 10
include, in whole but not in part within its boundaries, or 11
may be contiguous, in whole but not in part, with, any city, 12
town, or village. 13
2. The word "board" as used in sections 85.1000 to 14
85.1400 shall mean the board of directors of a police 15
protection district. 16
3. Except as otherwise provided in sections 85.1000 to 17
85.1400, all elections herein provided for shall be held and 18
conducted and the returns thereof made, examined, and cast 19
up in the same manner and in all respects as in elections 20
for municipal, state, and county officers. 21
85.1005. 1. No person holding any lucrative office or 1
employment under this state, or any political subdivision 2
thereof as defined in section 70.120, shall hold the office 3
of police protection district director under sections 4
85.1000 to 85.1400. When any police protection district 5
director accepts any office or employment under this state 6
or any political subdivision thereof, his or her office 7
shall thereby be vacated and he or she shall thereafter 8
perform no duty and receive no salary or expenses as police 9
protection district director. 10
2. This section shall not apply to an ex-officio 11
director, members of the organized militia, of the reserve 12
corps, and notaries public. 13
3. For the purposes of this section, the term 14
"lucrative office or employment" does not include receiving 15
retirement benefits, compensation for expenses, or a stipend 16
or per diem, in an amount not to exceed the standard state 17
per diem allowance for each day of service, for service 18
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rendered to a police protection district, the state, or any 19
political subdivision thereof. 20
85.1010. 1. Notwithstanding the provisions of section 1
85.1005, no employee of any police protection district shall 2
serve as a member of any police district board while such 3
person is employed by any police protection district. 4
2. Notwithstanding any other provision of law to the 5
contrary, individual board members shall not be eligible for 6
employment by the board within twelve months of termination 7
of service as a member of the board unless such employment 8
is on a volunteer basis or without compensation. 9
85.1015. The voters residing in a proposed district, 1
may, as provided in sections 85.1000 to 85.1400, establish 2
police protection districts. 3
85.1020. The organization of a district shall be 1
initiated by a petition filed in the office of the clerk of 2
the county vested with jurisdiction in any county in which 3
all or part of the real property in the proposed district is 4
situated. The petition shall be signed by one hundred 5
voters or more of the district. 6
85.1025. The petition shall set forth: 1
(1) The name of the proposed district consisting of a 2
chosen name preceding the words "police protection district"; 3
(2) An estimate of the number of inhabitants and of 4
the assessed valuation of the taxable tangible property of 5
the district, and of the yield from the intangible personal 6
property located in the district; 7
(3) The estimated cost of the proposed improvements; 8
(4) A general description of the boundaries of the 9
district or the territory to be included therein, and the 10
boundaries of three wards in which the district shall be 11
subdivided, with such certainty as to enable a property 12
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owner to determine whether or not his property is within the 13
district, and a plat of the proposed district; 14
(5) The wards shall be compact and contiguous and 15
contain equal populations as nearly as possible, and shall 16
be reapportioned, by the board of directors, within one 17
hundred eighty days after each decennial census is reported 18
to the President of the United States; 19
(6) Such other data and information as may be useful 20
to the voters in determining the necessity for the 21
organization of the district; and 22
(7) A prayer for the organization of the district. 23
85.1030. No petition with the requisite signatures 1
shall be declared null and void on account of alleged 2
defects, but the county clerk may at any time permit the 3
petition to be amended to conform with the facts, by 4
correcting any errors in the description of the territory, 5
or in any other particular, except that the boundaries of 6
the district may not be enlarged by taking in additional 7
territory, without notice to the owners of the property thus 8
affected, which notice may be made by publication or service 9
of such pleadings and orders on the owners so affected. 10
Similar petitions or duplicate copies of the same petition 11
for the organization of the same district, revising the 12
boundaries of the proposed district, or recommending another 13
chosen name for the district, may be filed at any time 14
before a hearing is had on the petition, and shall, together 15
with the first petition, be regarded as one petition, and 16
shall be considered by the county clerk the same as though 17
filed with the first petition placed on file. 18
85.1035. There shall be filed with the petition, or 1
petitions, a filing fee in the amount of one hundred dollars 2
to cover the payment of processing costs. 3
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85.1040. Immediately after the filing of such petition 1
or any amended petition changing the boundaries, the county 2
clerk wherein such petition is filed shall, by order, fix a 3
time and place not less than thirty days nor more than sixty 4
days after the petition is filed for a hearing thereon, and 5
thereupon the county clerk shall cause notice by publication 6
to be made of the filing of the petition and the pendency of 7
the action and of the time and place of the hearing 8
thereon. The county clerk shall also forthwith cause a copy 9
of the notice to be mailed by United States registered mail 10
to the governing body of each municipality having territory 11
within the proposed boundaries of the proposed district, and 12
to the county commission of each county in which the 13
proposed district lies. 14
85.1045. The county clerk in and for the county in 1
which the petition for the organization of a district has 2
been filed shall thereafter for all purposes of sections 3
85.1000 to 85.1400, except as otherwise provided, maintain 4
and have original and exclusive jurisdiction over all 5
matters connected with or affected by said district. No 6
county clerk wherein such petition is filed shall be 7
disqualified to perform any duty imposed by sections 85.1000 8
to 85.1400 by reason of ownership of property within the 9
proposed district. 10
85.1050. Upon the hearing if it shall appear that a 1
petition for the organization of a district has been signed 2
and presented pursuant to the provisions of sections 85.1000 3
to 85.1400, and that the allegations of the petition are 4
true, the county clerk shall, by order duly entered of 5
record, adjudicate all questions of jurisdiction, declare 6
the district organized, define the boundaries thereof, and 7
give it a corporate name by which in all proceedings it 8
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shall thereafter be known, and thereupon the district, 9
subject to the election herein provided, shall be a 10
political subdivision of the state of Missouri and a body 11
corporate with all the powers of like or similar 12
corporations. 13
85.1055. Upon the hearing if the county clerk finds 1
that the petition has not been signed, filed, and presented 2
pursuant to the provisions of sections 85.1000 to 85.1400, 3
it shall dismiss the proceedings and adjudge the costs 4
against the sponsors of the petition, or petitions, in such 5
proportion as it deems just and equitable. Nothing herein 6
shall be construed to prevent the filing of a subsequent 7
petition, or petitions, for similar improvements or for a 8
similar district, and the right so to renew such proceeding 9
is hereby expressly granted and authorized. 10
85.1060. 1. The decree of incorporation shall not 1
become final and conclusive until it has been submitted to 2
an election of the voters residing within the boundaries 3
described in such decree, and until it has been assented to 4
by a majority vote of the voters of the district voting on 5
the question. The decree shall also provide for the holding 6
of the election to vote on the proposition of incorporating 7
the district, and to elect three persons to act as the 8
elected members of the first board of directors, and shall 9
fix the date for holding the election on the first general 10
municipal election date to vote on a tax pursuant to section 11
85.1150 following entry of the decree in which notice of 12
election may be issued sufficiently in advance of the 13
election according to law. 14
2. The question shall be submitted in substantially 15
the following form: 16
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3. The proposition of electing the first board of 20
directors or the election of subsequent directors may be 21
submitted on a separate ballot or on the same ballot which 22
contains any other proposition of the police protection 23
district. The ballot to be used for the election of a 24
director or directors shall be substantially in the 25
following form: 26
17
18
Shall there be incorporated a police protection
district?

19 □ YES □ NO
27 OFFICIAL BALLOT
28 Instruction to voters:
29
30
31
32
Place a cross (X) mark in the square opposite the
name of the candidate or candidates you favor.
(Here state the number of directors to be elected
and their term of office.)

33 ELECTION
34
35
(Here insert name of district) Police Protection
District

36 (Here insert date of election)
37 FOR BOARD OF DIRECTORS
38 WARD (#)
39 □ ____________ (Name of candidate)
40 □ ____________ (Name of candidate)
41 □ ____________ (Name of candidate)
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4. If a majority of the voters voting on the 42
proposition or propositions voted in favor of the 43
proposition to incorporate the district, then the county 44
clerk shall enter its further order declaring the decree of 45
incorporation to be final and conclusive. In the event, 46
however, that the county clerk finds that a majority of the 47
voters voting thereon voted against the proposition to 48
incorporate the district, then the county clerk shall enter 49
its further order declaring the decree of incorporation to 50
be void and of no effect. If the county clerk enters an 51
order declaring the decree of incorporation to be final and 52
conclusive, it shall at the same time designate the first 53
board of directors of the district who have been elected by 54
the voters voting thereon. The person elected from ward 1 55
shall hold office for a term of one year, the person elected 56
from ward 2 shall hold office for a term of two years, and 57
the person elected from ward 3 shall hold office for a term 58
of three years from the date of the election of the first 59
board of directors and until their successors are duly 60
elected and qualified. Thereafter, the elected members of 61
the board shall be elected to serve terms of three years and 62
until their successors are duly elected and qualified. The 63
county clerk shall at the same time enter an order of record 64
declaring the result of the election on the proposition, if 65
any, to incur bonded indebtedness. 66
5. Notwithstanding the provisions of subsections 1 to 67
4 of this section to the contrary, the mayor of each 68
municipality and chairperson of each village included within 69
the police protection district shall be an ex-officio member 70
of the board of directors so long as he or she shall hold 71
the office of mayor or chairperson, with all of the same 72
rights, privileges, and duties as an elected director. 73
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85.1065. A person, to be qualified to serve as an 1
elected director, shall be a resident and voter of the 2
district and the ward from which he or she shall represent 3
for at least one year before the election or appointment and 4
be over the age of twenty-four years. In the event the 5
person is no longer a resident of the district or the ward 6
from which he or she was elected, the person's office shall 7
be vacated, and the vacancy shall be filled as provided in 8
section 85.1110. Nominations and declarations of candidacy 9
shall be filed at the headquarters of the police protection 10
district by paying a filing fee equal to the amount of a 11
candidate for county office as set forth under section 12
115.357, and filing a statement under oath that such person 13
possesses the required qualifications. Thereafter, such 14
candidate shall have the candidate's name placed on the 15
ballot as a candidate for director. The names of candidates 16
for each office shall be listed in the order in which they 17
are filed; provided, however, that on the first day for 18
filing declaration of candidacies, a random drawing shall be 19
held. 20
85.1070. If a final order be entered establishing the 1
district, such order shall be deemed final and conclusive, 2
and no appeal or writ of error shall lie therefrom, and the 3
entry of such order shall finally and conclusively establish 4
the regular organization of said district against all 5
persons except the state of Missouri, in an action in the 6
nature of a writ of quo warranto, commenced by the attorney 7
general within thirty days after said decree declaring such 8
district finally organized as herein provided and not 9
otherwise. The organization of such district shall not be 10
directly or collaterally questioned in any suit, action, or 11
proceeding except as herein expressly authorized. 12
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85.1075. Within thirty days after the final order of 1
the county in which the district has been declared a public 2
corporation, the county clerk of that county shall transmit 3
to the recorder of deeds in each county in which the 4
district is located copies of the findings and decrees of 5
the county clerk incorporating the district. The same shall 6
be filed in the same manner as articles of incorporation are 7
required to be filed under the general laws concerning 8
corporations, and each recorder and clerk shall receive a 9
fee of one dollar for filing and preserving the same. 10
85.1080. Whenever a district has been declared duly 1
and finally organized, the members of the board shall 2
thereafter qualify within fifteen days by filing with the 3
county clerk their oaths of office, which shall be in the 4
form prescribed by the constitution, and such board members 5
shall also file with the county clerk corporate surety bonds 6
to be furnished at the expense of the district in an amount 7
not to exceed one thousand dollars each, the form and amount 8
thereof to be fixed and approved by the county having 9
jurisdiction, and said bonds to be conditioned for the 10
faithful performance of their duties as directors. For the 11
first board of directors, the county shall advance the cost 12
of the bonds until reimbursed by the district upon receipt 13
of tax funds. 14
85.1085. 1. All members of the board of directors of 1
a police protection district first elected or first serving 2
in an ex-officio capacity shall attend and complete an 3
educational seminar or conference or other suitable training 4
on the role and duties of a board member of a police 5
protection district. The training required under this 6
section shall be conducted by an entity approved by the 7
director of the department of public safety. The director 8
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of the department of public safety shall determine the 9
content of the training to fulfill the requirements of this 10
section. Such training shall include, at a minimum: 11
(1) Information relating to the roles and duties of a 12
police protection district director; 13
(2) A review of all state statutes and regulations 14
relevant to police protection districts; 15
(3) State ethics laws; 16
(4) State sunshine laws, chapter 610; 17
(5) Financial and fiduciary responsibility; 18
(6) State laws relating to the setting of tax rates; 19
and 20
(7) State laws relating to revenue limitations. 21
2. If any police protection district board member 22
fails to attend a training session within twelve months 23
after taking office, the board member shall not be 24
compensated for attendance at meetings thereafter until the 25
board member has completed such training session. 26
85.1090. After taking their oaths and filing their 1
bonds, the board shall choose one of its members as chair of 2
the board and president of the district, and shall elect a 3
secretary and a treasurer of the board and of the district, 4
who may or may not be members of the board. The secretary 5
and the treasurer may be one person. Such board shall adopt 6
a seal, and the secretary shall keep in a well-bound book a 7
record of all its proceedings, minutes of all meetings, 8
certificates, contracts, bonds given by employees, and a 9
record of corporate acts, which shall be open to inspection 10
of all owners of property in the district, as well as to all 11
other interested parties. 12
85.1100. The treasurer shall keep strict and accurate 1
accounts of all money received by and disbursed for and on 2
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behalf of the district in permanent records. He or she 3
shall file with the clerk of the county, at the expense of 4
the district, a corporate fidelity bond in an amount to be 5
determined by the board for not less than five thousand 6
dollars, conditioned on the faithful performance of the 7
duties of his or her office. He or she shall file in the 8
office of the county clerk of each county in which all or 9
part of the district lies a detailed financial statement for 10
the preceding fiscal year of the district on behalf of the 11
board, on or before April first of the following year. 12
85.1105. Each member of the board may receive an 1
attendance fee not to exceed one hundred dollars for 2
attending each regularly called board meeting, or special 3
meeting, but shall not be paid for attending more than two 4
in any calendar month, except that in counties with a 5
charter form of government, he or she shall not be paid for 6
attending more than four in any calendar month. However, no 7
board member shall be paid more than one attendance fee if 8
such member attends more than one board meeting in a 9
calendar week. In addition, the chairman of the board of 10
directors may receive fifty dollars for attending each 11
regularly or specially called board meeting, but shall not 12
be paid the additional fee for attending more than two 13
meetings in any calendar month. Each member of the board 14
shall be reimbursed for his or her actual expenditures in 15
the performance of his or her duties on behalf of the 16
district. The secretary and the treasurer, if members of 17
the board of directors, may each receive such additional 18
compensation for the performance of their respective duties 19
as secretary and treasurer as the board shall deem 20
reasonable and necessary, not to exceed one thousand dollars 21
per year. The court having jurisdiction over the district 22
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shall have power to remove directors for good cause shown as 23
set forth in section 106.220 upon a petition, notice, and 24
hearing. 25
85.1110. 1. Except as otherwise provided in 1
subsection 3 of this section, the board shall meet 2
regularly, not less than once each month, at a time and at 3
some building in the district to be designated by the 4
board. Notice of the time and place of future regular 5
meetings shall be posted continuously at the police station 6
or police stations of the district. Additional meetings may 7
be held, when the needs of the district so require, at a 8
place regular meetings are held, and notice of the time and 9
place shall be given to each member of the board. Meetings 10
of the board shall be held and conducted in the manner 11
required by the provisions of chapter 610. All minutes of 12
meetings of the board and all other records of the police 13
protection district shall be available for public inspection 14
at the main police station within the district by 15
appointment with the secretary of the board within one week 16
after a written request is made between the hours of 8:00 17
a.m. and 5:00 p.m. every day except Sunday. A majority of 18
the members of the board shall constitute a quorum at any 19
meeting and no business shall be transacted unless a quorum 20
is present. The board, acting as a board, shall exercise 21
all powers of the board, without delegation thereof to any 22
other governmental or other body or entity or association, 23
and without delegation thereof to less than a quorum of the 24
board. Agents, employees, engineers, auditors, attorneys, 25
police officers, and any other member of the staff of the 26
district may be employed or discharged only by a board which 27
includes at least two directors; but any board of directors 28
may suspend from duty any such person or staff member who 29
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willfully and deliberately neglects or refuses to perform 30
his or her regular functions. Any member of the board of 31
directors who fails to attend four meetings in succession, 32
without being excused by the remaining members of the board, 33
shall result in a forfeiture of office. The district shall 34
maintain a website. Notices of meetings, minutes, proposed 35
and adopted ordinances, and monthly and annual financial 36
reports shall be published on the district's website. 37
2. Any vacancy on the board shall be filled by the 38
remaining members of the board. The appointee or appointees 39
shall act until the next general municipal election 40
following said vacancy in which notice of election may be 41
given sufficiently in advance and in accordance with law to 42
serve the remainder of the unexpired term. 43
3. Notwithstanding any provision of sections 610.015 44
and 610.020 to the contrary, when Missouri is activated for 45
deployment by the federal emergency management agency, state 46
emergency management agency, or statewide mutual aid, a 47
quorum of the board of directors of the affiliated police 48
protection district may meet in person, via telephone, 49
facsimile, internet, or any other voice or electronic means, 50
without public notice, in order to authorize by roll call 51
vote the disbursement of funds necessary for the deployment. 52
4. In the event action is necessary under subsection 3 53
of this section, the board of directors of the affiliated 54
police protection district shall keep minutes of the 55
emergency meeting and disclose during the next regularly 56
scheduled meeting of the board that the emergency meeting 57
was held, the action that precipitated calling the emergency 58
meeting without notice, and that the minutes of the 59
emergency meeting are available as a public record of the 60
board. 61
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85.1115. On the first Tuesday in April after the 1
expiration of at least one full calendar year from the date 2
of the election of the elected members of the first board of 3
directors, and on the first Tuesday in April every one year 4
thereafter, an election for elected members for members of 5
the board of directors shall be held in the district. 6
Nominations shall be filed at the headquarters of the police 7
protection district in which a majority of the district is 8
located by paying a filing fee equal to the amount of a 9
candidate for county office as set forth under section 10
115.357 and filing a statement under oath that the candidate 11
possesses the required qualifications. The candidate 12
receiving the most votes shall be elected. Any new member 13
of the board shall qualify in the same manner as the members 14
of the first board qualify. 15
85.1120. For the purpose of providing police 1
protection to the persons and property within the district, 2
the district and, on its behalf, the board shall have the 3
following powers, authority, and privileges: 4
(1) To have perpetual existence; 5
(2) To have and use a corporate seal; 6
(3) To sue and be sued, and be a party to suits, 7
actions, and proceedings; 8
(4) To enter into contracts, franchises, and 9
agreements with any person, partnership, association, or 10
corporation, public or private, affecting the affairs of the 11
district, including contracts with any municipality, 12
district, or state, or the United States of America, and any 13
of their agencies, political subdivisions, or 14
instrumentalities, for the planning, development, 15
construction, acquisition, or operation of any public 16
improvement or facility, or for a common service relating to 17
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the control or prevention of crime, including the 18
installation, operation, and maintenance of police alarm 19
systems; provided, that a notice shall be published for bids 20
on all construction or purchase contracts for work or 21
material or both, outside the authority contained in 22
subdivision (9) of this section, involving an expense of ten 23
thousand dollars or more; 24
(5) Upon approval of the voters as herein provided, to 25
borrow money and incur indebtedness and evidence the same by 26
certificates, notes, or debentures, and to issue bonds, in 27
accordance with the provisions of sections 85.1000 to 28
85.1265; 29
(6) To acquire, construct, purchase, maintain, dispose 30
of, and encumber real and personal property, police 31
stations, police protection and police-fighting apparatus 32
and auxiliary equipment therefor, and any interest therein, 33
including leases and easements; 34
(7) To refund any bonded indebtedness of the district 35
without an election. The terms and conditions of refunding 36
bonds shall be substantially the same as those of the 37
original issue of bonds, and the board shall provide for the 38
payment of interest, not to exceed the legal rate, and the 39
principal of such refunding bonds in the same manner as is 40
provided for the payment of interest and principal of bonds 41
refunded; 42
(8) To have the management, control, and supervision 43
of all the business and affairs of the district, and the 44
construction, installation, operation, and maintenance of 45
district improvements therein; 46
(9) To hire and retain agents, employees, engineers, 47
and attorneys, including part-time or volunteer commissioned 48
officers or police; 49
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(10) To have and exercise the power of eminent domain 50
and in the manner provided by law for the condemnation of 51
private property for public use to take any property within 52
the district necessary to exercise the powers herein granted; 53
(11) To receive and accept by bequest, gift, or 54
donation any kind of property. Notwithstanding any other 55
provision of law to the contrary, any property received by 56
the police protection district as a gift or any property 57
purchased by the police protection district at a price below 58
the actual market value of the property may be returned to 59
the donor or resold to the seller if such property is not 60
used for the specific purpose for which it was acquired; 61
(12) To adopt and amend bylaws, administrative 62
ordinances, and any other rules and regulations not in 63
conflict with the constitution and laws of this state, 64
necessary for the carrying on of the business, objects, and 65
affairs of the board and of the district, and refer to the 66
proper authorities for prosecution any infraction thereof 67
detrimental to the district. Any person violating any such 68
ordinance is hereby declared to be guilty of a misdemeanor, 69
and upon conviction thereof shall be punished as is provided 70
by law therefor. The prosecuting attorney for the county in 71
which the violation occurs shall prosecute such violations 72
in the city of that county. The legal officer or attorney 73
for the police district may be appointed by the prosecuting 74
attorney as special assistant prosecuting attorney for the 75
prosecution of any such violation. The enactments of the 76
police district in delegating administrative authority to 77
officials of the district may provide standards of action 78
for the administrative officials, which standards are 79
declared as industrial codes adopted by nationally organized 80
and recognized trade bodies. The board shall have the power 81
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to adopt an ordinance, rule, or regulation allowing the 82
district to charge individuals who reside outside of the 83
district, but who receive emergency services within the 84
boundaries of the district, for the actual and reasonable 85
cost of such services. However, such actual and reasonable 86
costs shall not exceed one hundred dollars for responding to 87
each police call or alarm and two hundred fifty dollars for 88
each hour or a proportional sum for each quarter hour spent 89
in combating a crime or emergency; 90
(13) To pay all county costs and expenses connected 91
with the first election or any subsequent election in the 92
district; 93
(14) To have and exercise all rights and powers 94
necessary or incidental to or implied from the specific 95
powers granted herein. Such specific powers shall not be 96
considered as a limitation upon any power necessary or 97
appropriate to carry out the purposes and intent of sections 98
85.1000 to 85.1400; 99
(15) To provide for health, accident, disability, and 100
pension benefits for the salaried members of its organized 101
police department of the district and such other benefits 102
for their spouses and eligible unemancipated children, 103
through either or both a contributory or noncontributory 104
plan. For purposes of this section, "eligible unemancipated 105
child" means a natural or adopted child of an insured, or a 106
stepchild of an insured who is domiciled with the insured, 107
who is less than twenty-three years of age, who is not 108
married, not employed on a full-time basis, not maintaining 109
a separate residence except for full-time students in an 110
accredited school or institution of higher learning, and who 111
is dependent on parents or guardians for at least fifty 112
percent of his or her support. The type and amount of such 113
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benefits shall be determined by the board of directors of 114
the police protection district within the level of available 115
revenues of the pension program and other available revenues 116
of the district. If an employee contributory plan is 117
adopted, then at least one voting member of the board of 118
trustees shall be a member of the police district elected by 119
the contributing members, which shall not be the same as the 120
board of directors; 121
(16) To contract with any municipality that is 122
contiguous to a police protection district for the police 123
protection district to provide police protection to the 124
municipality for a fee as hereinafter provided; 125
(17) To provide for life insurance, accident, 126
sickness, health, disability, annuity, length of service, 127
pension, retirement, and other employee-type fringe 128
benefits, subject to the provisions of section 70.615, for 129
the volunteer members of any organized police department of 130
the district and such other benefits for their spouses and 131
eligible unemancipated children, through either a 132
contributory or noncontributory plan, or both. For purposes 133
of this section, "eligible unemancipated child" means a 134
natural or adopted child of an insured, or a stepchild of an 135
insured who is domiciled with the insured, who is less than 136
twenty-three years of age, who is not married, not employed 137
on a full-time basis, not maintaining a separate residence 138
except for full-time students in an accredited school or 139
institution of higher learning, and who is dependent on 140
parents or guardians for at least fifty percent of his or 141
her support. The type and amount of such benefits shall be 142
determined by the board of directors of the police 143
protection district within available revenues of the 144
district, including the pension program of the district. 145
SB 1512 20
The provision and receipt of such benefits shall not make 146
the recipient an employee of the district. Directors who 147
are also volunteer members may receive such benefits while 148
serving as a director of the district; 149
(18) To contract for services with any rural, 150
volunteer, or subscription police department or 151
organization, or volunteer police protection association, as 152
defined in section 85.1195, for the purpose of providing the 153
benefits described in subdivision (17) of this section. 154
85.1125. The amount to be paid annually by the 1
municipality to the police district pursuant to subdivision 2
(16) of section 85.1120 shall be the annual assessed value 3
of all property subject to tax in the municipality 4
determined from the tax assessment ledgers, and including 5
public utilities and intangible property within such area, 6
multiplied by the annual tax rate as certified by the police 7
protection district to the municipality, but not including 8
any portion of the tax rate of service provided by the 9
district, per one hundred dollars of assessed value in such 10
area. The tax rate so computed shall include any tax on 11
bonded indebtedness incurred by the district prior to 12
entering into such contract, but shall not include any of 13
the tax rate for bonded indebtedness incurred during the 14
term that the contract is in force. 15
85.1130. Notwithstanding any provision in this section 1
to the contrary, a police protection district may enter into 2
a contract with a county, city, town, or village to assist 3
in police protection services. 4
85.1135. Notwithstanding any other provision of law to 1
the contrary, any police protection district may contract 2
with any municipality or village that does not operate its 3
own police department to provide police protection services 4
SB 1512 21
for a fee to any area of the municipality or village that 5
does not belong to the police protection district. In such 6
event, the municipality and the police protection district 7
shall, by ordinance duly enacted by the governing board of 8
each, agree upon the terms by which such police protection 9
shall be furnished. The agreement may provide for the 10
payment of a stated sum per year upon any method of 11
compensation for such police protection that is agreed upon 12
by the police district and the municipality entering into 13
such contract; provided that any contract for a period 14
longer than five years shall have no binding force until 15
ratified by a majority of the voters in the police district 16
and the municipality entering into such a contract. The 17
mayor of any municipality and chair of any village entering 18
into such contract, shall serve, ex-officio, as a member of 19
the board of directors. 20
85.1140. For the purpose of providing revenue for such 1
districts, the board shall have the power and authority to 2
order the levy and collection of ad valorem taxes on and 3
against all taxable tangible property within the district, 4
and to make timely demand and to sue for and collect any and 5
all other taxes, contributions, or allocations to which the 6
district may be entitled. 7
85.1145. To levy and collect taxes as herein provided, 1
the board shall in each year determine the amount of money 2
necessary to be raised by taxation, and shall fix a rate of 3
levy which, when levied upon every dollar of the taxable 4
tangible property within the district as shown by the last 5
completed assessment, and with other revenues, will raise 6
the amount required by the district annually to supply funds 7
for paying the expenses of organization and operation and 8
the costs of acquiring, supplying, and maintaining the 9
SB 1512 22
property, works, and equipment of the district, and maintain 10
the necessary personnel, which rate of levy shall not exceed 11
thirty cents on the one hundred dollars valuation; may fix 12
an additional rate, not to exceed ten cents on the hundred 13
dollars valuation, the revenues from which shall be 14
deposited in a special fund and used only for the pension 15
program of the district, by submitting the following 16
question to the voters: 17
Provided, that if the question fails to receive a majority 25
of the votes cast, it shall not be resubmitted to the voters 26
within one year after the election; except, that any 27
district may impose a tax not to exceed ten cents on the one 28
hundred dollars valuation, in addition to the rate which the 29
board may levy under this section, by submitting the 30
following question to the voters at any election in such 31
district at which a member of the board of directors is to 32
be elected: 33
18
19
20
21
22
23
24
Shall the board of directors of ______ Police
Protection District be authorized to increase the
annual tax rate from ______ cents to ______ cents
per one hundred dollars valuation, the revenues
from which shall be deposited in a special fund
and used only for the pension program of the
district?

34
35
36
37
38
Shall the board of directors of ______ Police
Protection District be authorized to increase
the annual tax rate from ______ cents to ______
cents on the hundred dollars assessed
valuation?

SB 1512 23
In addition thereto, to fix a rate of levy which will enable 39
it to promptly pay in full when due all interest on and 40
principal of bonds and other obligations of the district, 41
and to pay any indebtedness authorized by a vote of the 42
people as provided in sections 85.1000 to 85.1400; and in 43
the event of accruing defaults or deficiencies in the bonded 44
or contractual indebtedness, an additional levy may be made 45
as provided in section 85.1175. 46
85.1150. 1. The board of directors of any police 1
protection district may levy, if a majority of the voters of 2
the district voting thereon approve, in addition to all 3
other taxes heretofore approved, an additional tax of not 4
more than twenty-five cents per one hundred dollars of 5
assessed valuation to be used for the support of the 6
district. The proposition to levy the tax authorized by 7
this subsection may be submitted by the board of directors 8
at the first annual election of the members of the board. A 9
separate ballot containing the question shall read as 10
follows: 11
12
13
14
15
16
17
Shall the board of directors of the ______
Police Protection District be authorized to levy
an additional tax of not more than twenty-five
cents on the one hundred dollars assessed
valuation to provide funds for the support of
the district?

18 □ FOR THE PROPOSITION
19 □ AGAINST THE PROPOSITION
20
21
(Place an X in the square opposite the one for
which you wish to vote.)

SB 1512 24
If a majority of the qualified voters casting votes thereon 22
be in favor of the question, the board of directors shall 23
accordingly levy a tax in accordance with the provisions of 24
this subsection, but if a majority of the voters casting 25
votes thereon do not vote in favor of the levy authorized by 26
this subsection, any levy previously authorized shall remain 27
in effect. 28
2. The board of directors of any police protection 29
district may levy, if a majority of the voters of the 30
district voting thereon approve, in addition to all other 31
taxes heretofore approved, an additional tax of not more 32
than ten cents per one hundred dollars of assessed valuation 33
to be used for the support of the district. However, if the 34
majority of the voters of the district approved the tax 35
pursuant to subsection 1 of this section, the board of 36
directors of any police protection district may levy an 37
additional tax of not more than twenty-five cents per one 38
hundred dollars of assessed valuation to be used for the 39
support of the district. The proposition to levy the tax 40
authorized by this subsection may be submitted by the board 41
of directors at the next annual election of the members of 42
the board or at any regular municipal or school election 43
conducted by the county clerk or board of election 44
commissioners in such district or at a special election 45
called for the purpose, or upon petition of five hundred 46
registered voters of the district. A separate ballot 47
containing the question shall read as follows: 48
49
50
51
52
Shall the board of directors of the ______
Police Protection District be authorized to
levy an additional tax of not more than ten
cents on the one hundred dollars assessed

SB 1512 25
If a majority of the qualified voters casting votes thereon 59
be in favor of the question, the board of directors shall 60
accordingly levy a tax in accordance with the provisions of 61
this subsection, but if a majority of the voters casting 62
votes thereon do not vote in favor of the levy authorized by 63
this subsection, any levy previously authorized shall remain 64
in effect. 65
85.1155. 1. Notwithstanding any other provision of 1
law to the contrary, an additional tax of not to exceed 2
three cents per one hundred dollars of assessed valuation 3
may be levied and collected by any city, town, village, 4
county, or police protection district, or a central police 5
and emergency services board established in subsection 4 of 6
this section. All the funds derived from such tax, 7
including any existing surplus funds, shall be used for the 8
purpose of establishing and providing a joint central police 9
and emergency dispatching service and for expenditures for 10
equipment and services, except for salaries, wages, and 11
benefits, by cities, towns, villages, counties, or police 12
protection districts which contract with such joint central 13
police and emergency dispatching service. 14
2. The additional tax prescribed by this section shall 15
be levied only when the governing body of the city, town, 16
53
54
valuation to provide funds for the support of
the district?
55 □ FOR THE PROPOSITION
56 □ AGAINST THE PROPOSITION
57
58
(Place an X in the square opposite the one for
which you wish to vote.)

SB 1512 26
village, county, police protection district, or central 17
police and emergency services board determines that a 18
central police and emergency dispatching center will meet 19
the minimum requirements set by section 85.1165, and, except 20
where a central police and emergency services board is 21
established in accordance with subsection 4 of this section, 22
when the governing body has entered into a contract with the 23
center for police and emergency dispatching services. The 24
funds from the tax shall be kept separate and apart from all 25
other funds of the city, town, village, county, police 26
protection district, or central police and emergency 27
services board and shall be paid out only on order of the 28
governing body. Except as provided in subsection 4 of this 29
section, all funds received by such center, and all 30
operations of such center shall be governed and controlled 31
by a board of directors consisting of one member from each 32
such agency using the joint central police and emergency 33
dispatching service. Except as otherwise provided in 34
subsection 4 of this section, in any county, city, town, or 35
village, where a tax-supported police protection district is 36
provided emergency dispatching services by any form of joint 37
communication organization or emergency dispatching center, 38
receiving directly or indirectly any funds so levied and 39
collected as provided in this section including any funds or 40
tariffs paid by telephone subscribers for 911 emergency 41
service, such joint communication organization, however 42
organized, shall be governed by a board of directors, and 43
the board of directors shall consist in part of one member 44
appointed by each county, city, town, village, or tax- 45
supported police protection district so served. Each member 46
shall be an elected official of a police protection 47
district, ambulance district, or city council appointed by 48
SB 1512 27
each such agency to serve for a one-year term or until a 49
successor is duly appointed. 50
3. In addition to the tax prescribed by subsections 1 51
and 2 of this section, an additional tax of not to exceed 52
two cents per one hundred dollars of assessed valuation 53
which has been approved by the voters may be levied and 54
collected by any city, town, village, county, or police 55
protection district, or a central police and emergency 56
services board established in subsection 4 of this section 57
of a county of the first classification with a charter form 58
of government which has a population between two hundred 59
thousand and five hundred thousand inhabitants, but all of 60
the funds derived from such tax shall be used solely for the 61
purpose of establishing and providing a joint central police 62
and emergency dispatching service. 63
85.1160. 1. Any police protection district which has 1
revised or reduced any levy which it has been authorized to 2
impose under the provisions of section 85.1145, 85.1150, 3
85.1155, or 85.1350, under any provision of the constitution 4
or laws of this state, may increase each such revised or 5
reduced levy up to, but not in excess of, the maximum limits 6
allowed under the section authorizing the rate of levy 7
sought to be increased by submitting the following 8
proposition to the voters of the district at any primary, 9
general, or special election: 10
11
12
13
14
15
Shall the board of directors of the ______ Police
Protection District be authorized to increase the
rate of levy for (insert purpose of which tax is
levied) from ______ cents to ______ cents on each
one hundred dollars of assessed valuation?

16 □ YES □ NO
SB 1512 28
2. If any of the propositions submitted under 17
subsection 1 of this section is approved by a majority of 18
the voters of the district voting thereon, the board of 19
directors may increase the levy which was the subject of 20
such proposition to the amount authorized by such 21
proposition. 22
85.1165. 1. No central police and emergency 1
dispatching center shall qualify to receive any funds 2
collected pursuant to section 85.1155 and this section 3
unless it meets or will meet, upon the acquisition or 4
retention of equipment, real and personal property, and 5
personnel, at least the following minimum equipment and 6
personnel requirements: 7
(1) Two separate transmitters and receivers capable of 8
operating on all working police and emergency radio 9
frequencies included in the area to be covered, together 10
with monitor receivers for police frequencies, point-to- 11
point police or local police dispatchers operating on a 12
twenty-four-hour basis, plus an emergency power source 13
capable of operating all equipment and lights necessary for 14
dispatching for an indefinite period of time; 15
(2) Duo-multichannel recording equipment for all radio 16
frequencies and telephone trunk "hot lines", complete with 17
automatic transfer on failure of logging recorder and 18
automatic time inserted on recorder and with instant 19
playback on any channel at the dispatcher's position without 20
interruption of regular log recorder; 21
(3) A minimum of three trunk telephone lines 22
designated as "hot lines" in reserve for "police or 23
emergency" calls only, plus such other lines as may be 24
necessary to conduct the normal business of the center, 25
which may also be used for police or emergency purposes; 26
SB 1512 29
(4) A chief dispatcher to be in charge of operations, 27
who shall be directly responsible to the management of the 28
dispatching service; 29
(5) Sufficient senior dispatchers to provide twenty- 30
four-hour attendance at the center; 31
(6) Such assistant dispatchers as may be necessary to 32
provide two-person switchboard operation during certain 33
hours as prescribed in section 85.1155 and this section; 34
(7) Alarms to police stations from the dispatching 35
center shall be two of the following type systems: wired or 36
by telephone line; radio or by tone signaling; or microwave 37
radio; or such other communications systems as may be 38
developed in the future which provide reliable and accurate 39
communications and which are not experimental in nature, so 40
that upon failure of either, the other will operate 41
independently, and both shall be capable of sounding alarm 42
at any agency facility using the joint central police and 43
emergency dispatching service; 44
(8) Radio alarm equipment at each agency facility 45
using the joint central police and emergency dispatching 46
service capable of operating without local utility power for 47
a period of at least eight hours and paging equipment for 48
police and emergency personnel; and 49
(9) Radio equipment, both mobile and portable, on all 50
police and emergency vehicles which answer alarms which will 51
provide two-way voice communication between the equipment 52
and the dispatching center. 53
2. A minimum of two dispatchers shall be on duty at 54
all times in any central dispatching center between the 55
hours of 7:00 a.m. and 11:00 p.m. If only one dispatcher is 56
on duty at other times, a twenty-minute watchman's check 57
shall be maintained. 58
SB 1512 30
3. All dispatchers shall be at least eighteen years of 59
age. Each dispatcher shall be capable of operating all 60
equipment used in the dispatching center. 61
4. Each dispatching center shall employ sufficient 62
personnel to ensure that no person will be required to be on 63
duty without at least twelve hours between shifts. 64
5. A central police and emergency dispatching center 65
meeting the requirements of this section shall qualify to 66
receive any funds collected pursuant to section 85.1155 and 67
this section and to use such funds for the acquisition, use 68
and maintenance of any property, both real and personal, and 69
for such other uses or purposes as may be determined by the 70
body governing the operations of the central police and 71
emergency dispatching center, and which are necessary or 72
advisable for the establishment, maintenance, or operation 73
of the central police and emergency dispatch center. 74
85.1170. On or before the applicable date required 1
under section 67.110 of each year, the board shall certify 2
to the county commission of each county within which the 3
district is located a rate of levy so fixed by the board as 4
provided by law, with directions that at the time and in the 5
manner required by law for levy of taxes for county purposes 6
such county commissions shall levy a tax at the rate so 7
fixed and determined upon the assessed valuation of all the 8
taxable tangible property within the district, in addition 9
to such other taxes as may be levied by such county 10
commissions. 11
85.1175. The board in certifying annual levies as 1
herein provided shall take into account, in addition to the 2
amounts necessary for general purposes as herein provided, 3
the maturing indebtedness for the ensuing year as provided 4
in its bonds and the interest on bonds, and deficiencies and 5
SB 1512 31
defaults of prior years and any contractual obligation and 6
shall make ample provision for the payment thereof. In case 7
the moneys produced from such levies, together with other 8
revenues of the district are not sufficient to pay 9
punctually the annual installments on its bonds and the 10
interest thereon, and to pay any defaults and deficiencies 11
on any such bonds or contracts duly approved by the voters 12
of the district, then the board shall provide for such 13
additional levying of taxes as may be necessary to pay for 14
all such, and notwithstanding any limitations, such taxes 15
shall be continued to be levied until the indebtedness of 16
the district shall be fully and currently paid. 17
85.1180. 1. The body having authority to levy taxes 1
within each county in which all or part of a district lies 2
shall levy the taxes provided in sections 85.1000 to 3
85.1400, and all officials charged with the duty of 4
collecting taxes in each such county shall collect such 5
taxes at the time and in the manner and with like interest 6
and penalties as other taxes are collected. When collected, 7
such taxes shall be paid to the district ordering the levy 8
and collection, or entitled to the same, and the payment of 9
such collections shall be made monthly to the treasurer of 10
the district and paid into the depositary thereof to the 11
credit of the district. All funds received by the district 12
shall be deposited in a depositary and secured in the manner 13
provided by law for the deposit of county funds. 14
2. All taxes levied under the provisions of sections 15
85.1000 to 85.1400, together with interest thereon and 16
penalties for default in payment thereof, and all costs of 17
collecting the same, shall, until paid, constitute a lien on 18
and against the property taxed, and such lien shall be on a 19
parity with the tax lien of general taxes, and no sale of 20
SB 1512 32
such property to enforce any general tax or other lien shall 21
extinguish the lien of district taxes. 22
85.1185. If the taxes levied are not paid as herein 1
provided, then the delinquent real property shall be sold at 2
the regular tax sale for the payment of said taxes, interest 3
and penalties, in the manner provided by the statutes of the 4
state of Missouri for selling property for the nonpayment of 5
general taxes. If there are no bids at said tax sale for 6
the property so offered, said property shall be struck off 7
to the county or other agency provided by law, and the 8
county or agency shall account to the district in the same 9
manner as provided by law for accounting for school, town, 10
and city taxes. Delinquent personal property shall be 11
distrained and sold as provided by general law. 12
85.1190. Whenever any bonded or contractual 1
indebtedness has been incurred by a district, it shall be 2
lawful for the board to levy taxes and collect revenue for 3
the purpose of creating a reserve fund in such amount as the 4
board may determine, to be used to meet the obligations of 5
the district. 6
85.1195. 1. The boundaries of any district organized 1
pursuant to the provisions of sections 85.1000 to 85.1400 2
may be changed in the manner prescribed in this section; but 3
any change of boundaries of the district shall not impair or 4
affect its organization or its rights in or to property, or 5
any of its rights or privileges whatsoever; nor shall it 6
affect or impair or discharge any contract, obligation, 7
lien, or charge for or upon which it might be liable or 8
chargeable had any change of boundaries not been made. 9
2. The boundaries may be changed as follows: 10
(1) Twenty-five percent of the number of voters who 11
voted in the most recent gubernatorial election in the area 12
SB 1512 33
to be annexed may file with the board a petition in writing 13
praying that such real property be included within the 14
district; provided that in the case of a municipality having 15
less than twenty percent of its total population in one 16
police protection district, the entire remaining portion may 17
be included in another district so that none of the city is 18
outside of a police protection district at the time. The 19
petition shall describe the property to be included in the 20
district and shall describe the property owned by the 21
petitioners and shall be deemed to give assent of the 22
petitioners to the inclusion in the district of the property 23
described in the petition; and such petition shall be in 24
substantially the form set forth in section 85.1290 dealing 25
with referendums and verified in like manner; provided, 26
however, that in the event that there are more than twenty- 27
five property owners or taxpaying electors signing the 28
petition, it shall be deemed sufficient description of their 29
property in the petition as required in this section to list 30
the addresses of such property; or 31
(2) All of the owners of any territory or tract of 32
land near or adjacent to a police protection district who 33
own all of the real estate in such territory or tract of 34
land may file a petition with the board praying that such 35
real property be included in the district. The petition 36
shall describe the property owned by the petitioners and 37
shall be deemed to give assent of the petitioners to the 38
inclusion in the district of the property described in the 39
petition. 40
3. The secretary of the board shall cause notice of 41
the filing of any petition filed pursuant to this section to 42
be given and published in the county in which the property 43
is located, which notice shall recite the filing of such 44
SB 1512 34
petition, the number of petitioners, a general description 45
of the boundaries of the area proposed to be included, and 46
the prayer of the petitioners; giving notice to all persons 47
interested to appear at the office of the board at the time 48
named in the notice and show cause in writing, if any they 49
have, why the petition should not be granted. The board 50
shall at the time and place mentioned, or at such time or 51
times to which the hearing may be adjourned, proceed to hear 52
the petition and all objections thereto presented in writing 53
by any person showing cause why the petition should not be 54
granted. The failure of any person interested to show cause 55
in writing why such petition shall not be granted shall be 56
deemed as an assent on his or her part to the inclusion of 57
such lands in the district as prayed for in the petition. 58
4. If the board deems it for the best interest of the 59
district, it shall grant the petition, but if the board 60
determines that some portion of the property mentioned in 61
the petition cannot as a practical matter be served by the 62
district, or if it deems it for the best interest of the 63
district that some portion of the property in the petition 64
not be included in the district, then the board shall grant 65
the petition in part only. If the petition is granted, the 66
board shall make an order to that effect and file the same 67
with the county clerk; and upon the order of the county 68
having jurisdiction over the district, the property shall be 69
included in the district. If the petition contains the 70
signatures of all the owners of the property pursuant to the 71
provisions of subdivision (2) of subsection 2 of this 72
section, the property shall be included in the district upon 73
the order of the county. If the petition contains the 74
signatures of twenty-five percent of the number of voters 75
who voted in the most recent gubernatorial election in the 76
SB 1512 35
area to be annexed pursuant to subdivision (1) or 77
subdivision (3) of subsection 2 of this section, the 78
property shall be included in the district subject to the 79
election provided in section 85.1200. The county having 80
jurisdiction over the district shall proceed to make any 81
such order including such additional property within the 82
district as is provided in the order of the board, unless 83
the county clerk shall find that such order of the board was 84
not authorized by law or that such order of the board was 85
not supported by competent and substantial evidence. 86
5. Any person aggrieved by any decision of the board 87
made pursuant to the provisions of this section may appeal 88
that decision to a court of competent jurisdiction of the 89
county in which the property is located within thirty days 90
of the decision by the board. 91
6. No police protection district, or employee thereof, 92
in which territory is annexed pursuant to this section shall 93
be required to comply with any prescribed law enforcement 94
officer training program or regimen which would not 95
otherwise apply to the district or its employees, but for 96
the requirements applicable to the annexed territory. 97
85.1200. 1. If the petition to add any territory or 1
tract of land to the district contained fewer than all of 2
the signatures required pursuant to subdivision (2) of 3
subsection 2 of section 85.1195, the decree of extension of 4
boundaries shall not become final and conclusive until it 5
has been submitted to an election of the voters residing 6
within the boundaries described in such decree and until it 7
has been assented to by a majority vote of the voters in the 8
newly included area voting on the question. The decree 9
shall also provide for the holding of the election to vote 10
SB 1512 36
on the proposition of extending the boundaries of the 11
district, and shall fix the date for holding the election. 12
2. The question shall be submitted in substantially 13
the following form: 14
3. If a majority of the voters voting on the 19
proposition vote in favor of the extension of the boundaries 20
of the district, then the county clerk shall enter its 21
further order declaring the decree of extension of the 22
boundaries to be final and conclusive. In the event, 23
however, that the county clerk finds that a majority of the 24
voters voting thereon voted against the proposition to 25
extend the boundaries of the district, then the county shall 26
enter its further order declaring the decree of extension of 27
boundaries to be void and of no effect. 28
85.1205. Within thirty days after the final order of 1
the county extending the boundaries of the district, the 2
county clerk of that county shall transmit to the county 3
clerk and to the recorder of deeds in each county in which 4
the district is located copies of the findings and decrees 5
of the county extending the boundaries of the district. The 6
same shall be filed in the same manner as articles of 7
incorporation are required to be filed under the general 8
laws concerning corporations, and each recorder and clerk 9
shall receive a fee of one dollar for filing and preserving 10
the same. 11
15
16
17
Shall the boundaries of the ______ Police Protection
District be extended to include the following
described property? (Describe property.)

18 □ YES □ NO
SB 1512 37
85.1210. The boundaries of a police protection 1
district shall be coterminous with and include the whole of 2
any cities, towns, or villages included within the police 3
protection district. Upon the voters adopting a police 4
protection district, any municipal police department 5
contained within said district shall be dissolved, merged 6
with, and absorbed by the police protection district. 7
85.1215. All real property included within, or 1
excluded from, a district shall thereafter be subject to the 2
levy of taxes for the payment of any indebtedness of the 3
district outstanding at the time of inclusion or exclusion; 4
provided, however, that after any real property shall have 5
been excluded from a district, as herein provided, any 6
buildings and improvements thereafter erected or constructed 7
on said excluded real property, and all machinery and 8
equipment thereafter installed or placed therein or thereon, 9
and all tangible personal property not in said district at 10
the time of the exclusion of said real property from said 11
district which shall thereafter be situated on or used in 12
connection with said real property, shall not be subject to 13
any taxes levied by said district. 14
85.1220. To carry out the purposes of sections 85.1000 1
to 85.1400, the board is hereby authorized to issue 2
negotiable coupon bonds of the district as herein provided. 3
Bonds shall bear interest at a rate not exceeding six 4
percent per annum, payable semiannually, and shall be due 5
and payable serially, either annually or semiannually, 6
commencing not later than three years and extending not more 7
than twenty years from their date. The form and terms of 8
said bonds, including provisions for their payment and 9
redemption, shall be determined by the board. If the board 10
so determines, such bonds may be redeemable prior to 11
SB 1512 38
maturity upon payment of a premium, not exceeding three 12
percent of the principal thereof. Said bonds shall be 13
executed in the name of and on behalf of the district and 14
signed by the chairman of the board, with the seal of the 15
district affixed thereto and attested by the secretary of 16
the board. Said bonds shall be in such denominations as the 17
board shall determine and the bonds and coupons thereto 18
attached shall be payable to bearer. Interest coupons shall 19
bear the original or facsimile signature of the chairman of 20
the board. 21
85.1225. Whenever any board shall, by resolution, 1
determine that the interest of said district and the public 2
interest or necessity demand the acquisition, construction, 3
installation, or completion of any works or other 4
improvements or facilities, or the making of any contract 5
with the United States or other persons or corporations, to 6
carry out the objects or purposes of said district, 7
requiring the creation of an indebtedness in an amount 8
exceeding in any year the income and revenue provided for 9
such year plus any unencumbered balances from previous 10
years, said board shall order the submission of the 11
proposition of issuing such obligations or bonds, or 12
creating other indebtedness, to the voters of the election. 13
The declaration of public interest or necessity herein 14
required and the provision for holding of such election may 15
be included within one and the same resolution, which 16
resolution, in addition to such declaration of public 17
interest or necessity, shall recite the objects and purposes 18
for which the indebtedness is proposed to be incurred, the 19
estimated cost of the works or improvements, as the case may 20
be, the amount of principal of the indebtedness to be 21
incurred therefor, and the maximum rate of interest to be 22
SB 1512 39
paid on such indebtedness. Such resolution shall also fix 23
the date upon which such election shall be held. 24
85.1230. 1. The question shall be submitted in 1
substantially the following form: 2
2. The proposition so submitted, if relating to bonds, 5
shall set out the amount of the issue and the purpose. 6
85.1235. At any regular or special meeting of the 1
board held within five days following the date of such 2
election, the board shall declare the results. 3
85.1240. In the event that it shall appear from the 1
returns that the constitutionally required percentage of the 2
voters of the district who shall have voted on any such 3
proposition submitted hereunder at such election voted in 4
favor of such proposition, the district shall thereupon be 5
authorized to incur such indebtedness or obligations, enter 6
into such contract or issue, and sell such bonds of the 7
district, as the case may be, all for the purpose or 8
purposes and object or objects provided for in the 9
proposition or propositions submitted hereunder and in the 10
resolution therefor, and in the amount so provided and at a 11
rate of interest not exceeding the rate of interest recited 12
in such resolution. Submission of the proposition of 13
incurring such obligation or bonded or other indebtedness at 14
such an election shall not prevent or prohibit submission of 15
the same or other propositions at a subsequent election. 16
85.1245. Whenever a petition signed by not less than 1
twenty-five percent of the voters who cast votes at the last 2
election for the district director in any district organized 3
3
4
Shall ______ Police Protection District (here state
the proposition to be submitted)?

SB 1512 40
under the provisions of sections 85.1000 to 85.1400 is filed 4
with the county having jurisdiction over the district, 5
setting forth all the relevant facts pertaining to the 6
district, and alleging that the further operation of the 7
district is inimicable to the best interests of the 8
inhabitants of the district, and that the district should, 9
in the interest of the public welfare and safety, be 10
dissolved, the county shall have authority, after hearing 11
evidence submitted on the aforesaid question, to order a 12
submission of the question, after having caused publication 13
of notice of a hearing on said petition, in substantially 14
the following form: 15
85.1250. If the county clerk shall find that a 1
sufficient number of signatures have been gathered, it shall 2
make an order reciting the same and providing for the 3
submission of the proposition to dissolve such district to a 4
vote of the voters of the district, setting forth such 5
further details in its order as may be necessary to an 6
orderly conduct of such election. Such election shall be 7
held at the municipal election. Returns of said election 8
shall be certified to the county. If the county clerk finds 9
that two-thirds of the voters voting thereon shall have 10
voted in favor of the proposition to dissolve said district, 11
the county shall make a final order dissolving said 12
district, and the decree shall contain a proviso that said 13
district shall continue in full force for the purpose of 14
paying all outstanding and lawful obligations and disposing 15
of property of the district; but no additional costs or 16
16
17
Shall ______ Police Protection District be
dissolved?

SB 1512 41
obligations shall be created except such as are necessary to 17
pay such costs, obligations, and liabilities theretofore 18
incurred, or necessary to the winding up of the district. 19
If the county clerk shall find that two-thirds of the voters 20
of the district voting thereon shall not have voted 21
favorably on the proposition to dissolve such district, then 22
the county shall make a final order declaring such result 23
dismissing the petition praying for the dissolution of said 24
district; and the said district shall continue to operate in 25
the same manner as though said petition asking for such 26
dissolution has not been filed. 27
85.1255. The dissolution of a police protection 1
district shall not invalidate or affect any right accruing 2
to such police district, or to any person, or invalidate or 3
affect any contract or indebtedness entered into or imposed 4
upon such police protection district or person; and whenever 5
the county clerk shall, under the provisions of section 6
85.1250, dissolve a police protection district, the said 7
county clerk shall appoint some competent person to act as 8
trustee for the police protection district so dissolved and 9
such trustee before entering upon the discharge of his or 10
her duties shall take and subscribe an oath that he or she 11
will faithfully discharge the duties of his or her office, 12
and shall give bond with sufficient security, to be approved 13
by the county clerk to the use of such dissolved police 14
protection district, for the faithful discharge of his or 15
her duties, and shall proceed to liquidate the district 16
under orders of the county clerk, including the levying of 17
any taxes provided for in sections 85.1000 to 85.1400. 18
85.1260. Any and all taxable tangible property located 1
within any such district shall continue to be subject to the 2
levy of taxes for general purposes and for the payment of 3
SB 1512 42
any indebtedness previously created, all as provided 4
herein. The repeal of any acts herein shall not be held to 5
affect or invalidate any claims, demands, acts, debts, 6
contracts, obligations, or indebtedness of any district 7
created under the provisions of any such act. 8
85.1265. In any and every case where a notice is 1
provided for in sections 85.1000 to 85.1400, if the county 2
clerk finds for any reason that due notice was not given, 3
the county clerk shall not thereby lose jurisdiction, and 4
the proceeding in question shall not thereby be void or be 5
abated, but the county clerk shall in that case order due 6
notice to be given, and shall continue the hearing until 7
such time as notice shall be properly given, and thereupon 8
shall proceed as though notice had been properly given in 9
the first instance. 10
85.1270. 1. Two or more police protection districts 1
may consolidate with each other in the manner hereinafter 2
provided, and only if the districts have one or more common 3
boundaries, in whole or in part, or are located within the 4
same county, in whole or in part, as to any respective two 5
of the districts which are so consolidating. 6
2. By a majority vote of each board of directors of 7
each police protection district included within the proposed 8
consolidation, a consolidation plan may be adopted. The 9
consolidation plan shall include the name of the proposed 10
consolidated district, the legal description of the 11
boundaries of each district to be consolidated, and a legal 12
description of the boundaries of the consolidated district, 13
the amount of outstanding bonds, if any, of each district 14
proposed to be consolidated, a listing of the police 15
stations within each district, and the names of the 16
districts to be consolidated. 17
SB 1512 43
3. The petition shall set forth: 18
(1) The name of the proposed district consisting of a 19
chosen name preceding the words "police protection district"; 20
(2) An estimate of the number of inhabitants and of 21
the assessed valuation of the taxable tangible property of 22
the district, and of the yield from the intangible personal 23
property located in the district; 24
(3) The estimated cost of the proposed improvements; 25
(4) A general description of the boundaries of the 26
district or the territory to be included therein, and the 27
boundaries of three wards in which the district shall be 28
subdivided, with such certainty as to enable a property 29
owner to determine whether or not his property is within the 30
district, and a plat of the proposed district; 31
(5) The wards shall be compact and contiguous and 32
contain equal populations as nearly as possible, and shall 33
be reapportioned, by the board of directors, within one 34
hundred eighty days after each decennial census is reported 35
to the president of the United States; 36
(6) Such other data and information as may be useful 37
to the voters in determining the necessity for the 38
organization of the district; 39
(7) A prayer for the organization of the district. 40
4. The decree of incorporation shall not become final 41
and conclusive until it has been submitted to an election of 42
the voters residing within the boundaries described in such 43
decree, and until it has been assented to by a majority vote 44
of the voters of the district voting on the question. The 45
decree shall also provide for the holding of the election to 46
vote on the proposition of incorporating the district, and 47
to elect three persons to act as the elected members of the 48
first board of directors, and shall fix the date for holding 49
SB 1512 44
the election on the first general municipal election date to 50
vote on a tax pursuant to section 85.1150 following entry of 51
the decree in which notice of election may be issued 52
sufficiently in advance of the election according to law. 53
5. The question shall be submitted in substantially 54
the following form: 55
6. The proposition of electing the first board of 59
directors or the election of subsequent directors may be 60
submitted on a separate ballot or on the same ballot which 61
contains any other proposition of the police protection 62
district. The ballot to be used for the election of a 63
director or directors shall be substantially in the 64
following form: 65
56
57
Shall there be incorporated a police protection
district?

58 □ YES □ NO
66 OFFICIAL BALLOT
67 Instruction to voters:
68
69
70
71
Place a cross (X) mark in the square opposite the
name of the candidate or candidates you favor.
(Here state the number of directors to be elected
and their term of office.)

72 ELECTION
73
74
(Here insert name of district) Police Protection
District

75 (Here insert date of election)
76 FOR BOARD OF DIRECTORS
SB 1512 45
7. If a majority of the voters voting on the 81
proposition or propositions voted in favor of the 82
proposition to incorporate the district, then the county 83
clerk shall enter its further order declaring the decree of 84
incorporation to be final and conclusive. In the event, 85
however, that the county clerk finds that a majority of the 86
voters voting thereon voted against the proposition to 87
incorporate the district, then the county clerk shall enter 88
its further order declaring the decree of incorporation to 89
be void and of no effect. If the county clerk enters an 90
order declaring the decree of incorporation to be final and 91
conclusive, it shall at the same time designate the first 92
board of directors of the district who have been elected by 93
the voters voting thereon. The person elected from ward 1 94
shall hold office for a term of one year, the person elected 95
from ward 2 shall hold office for a term of two years, and 96
the person elected from ward 3 shall hold office for a term 97
of three years from the date of the election of the first 98
board of directors and until their successors are duly 99
elected and qualified. Thereafter, the elected members of 100
the board shall be elected to serve terms of three years and 101
until their successors are duly elected and qualified. The 102
county clerk shall at the same time enter an order of record 103
declaring the result of the election on the proposition, if 104
any, to incur bonded indebtedness. 105
77 WARD (#)
78 □ ____________ (Name of candidate)
79 □ ____________ (Name of candidate)
80 □ ____________ (Name of candidate)
SB 1512 46
8. Notwithstanding the provisions of subsections 1 to 106
4 of this section to the contrary, the mayor of each 107
municipality and chairperson of each village included within 108
the police protection district shall be an ex-officio member 109
of the board of directors so long as he or she shall hold 110
the office of mayor or chairperson, with all of the same 111
rights, privileges, and duties as an elected director. 112
9. Each board of the districts approving the plan for 113
proposed consolidation shall duly certify and file in the 114
office of the county clerk in which the district is located 115
a copy of the plan of consolidation, bearing the signatures 116
of those directors who vote in favor thereof, together with 117
a petition for consolidation. The petition may be made 118
jointly by all of the districts within the respective plan 119
of consolidation. A filing fee of fifty dollars shall be 120
deposited with the clerk, on the filing of the petition, 121
against the costs of the county clerk. 122
10. The county clerk sitting in and for any county to 123
which the petition is presented is hereby vested with 124
jurisdiction, power, and authority to hear the same, and to 125
approve the consolidation and order such districts 126
consolidated, after holding an election, as hereinafter 127
provided. 128
11. If the county clerk finds the plan for 129
consolidation to have been duly approved by the respective 130
boards of directors of the police protection districts 131
proposed to be consolidated, then the county clerk shall 132
enter its order of record directing the submission of the 133
question. 134
12. The order shall direct publication of notice of 135
election, and shall fix the date thereof. The order shall 136
direct that the elections shall be held to vote on the 137
SB 1512 47
proposition of consolidating the districts and to elect 138
three persons, having the qualifications declared in section 139
85.1065 and being among the then directors of the districts 140
proposed to be consolidated, to become directors of the 141
consolidated district. 142
13. The question shall be submitted in substantially 143
the following form: 144
14. If, upon the canvass and declaration, it is found 158
and determined that a majority of the voters of the 159
districts voting on the proposition or propositions have 160
voted in favor of the proposition to incorporate the 161
consolidated district, the county shall then further, in its 162
order, designate the first board of directors of the 163
consolidated district, who have been elected by the voters 164
voting thereon, the one receiving the third highest number 165
of votes to hold office until the first Tuesday in April 166
which is more than one year after the date of election, the 167
one receiving the second highest number of votes to hold 168
office until two years after the first Tuesday aforesaid, 169
and the one receiving the highest number of votes until four 170
145
146
147
148
149
150
151
152
153
154
155
156
157
Shall the ______ Police Protection District and
the ______ Police Protection District be
consolidated into one police protection district
to be known as the ______ Police Protection
District, with tax levies not in excess of the
following amounts: maintenance fund ______
cents per one hundred dollars assessed
valuation; ambulance service ______ cents per
one hundred dollars assessed valuation; pension
fund ______ cents per one hundred dollars
assessed valuation; and dispatching fund ______
cents per one hundred dollars assessed
valuation?

SB 1512 48
years after the first Tuesday in April as aforesaid. If any 171
other propositions are also submitted at the election, the 172
county clerk, in its order, shall also declare the results 173
of the votes thereon. If the county clerk shall find and 174
determine, upon the canvass and declaration, that a majority 175
of the voters of the consolidated district have not voted in 176
favor of the proposition to incorporate the consolidated 177
district, then the county shall enter its order declaring 178
the proceedings void and of no effect, and shall dismiss the 179
same at the cost of petitioners. 180
85.1275. If the vote prescribed by section 85.1270 is 1
in favor of the consolidation, then, upon the order of the 2
county clerk declaring the same, the consolidated district 3
thereupon shall be a political subdivision of the state of 4
Missouri and a body corporate, with all the powers of like 5
or similar corporations, and with all the powers of police 6
protection districts under section 85.1120, whose affairs 7
shall be conducted as provided in sections 85.1000 to 8
85.1400, with all the powers, privileges, and duties therein 9
conferred and provided upon police protection districts in 10
the county. All properties, rights, assets, and liabilities 11
of the several police protection districts which are so 12
consolidated, including outstanding bonds thereof if any, 13
shall become forthwith and without any further procedure the 14
properties, rights, assets, and liabilities of the 15
consolidated police protection district. The provisions of 16
section 85.1010 shall also apply to the election and order 17
establishing the consolidated police protection district. 18
85.1280. The order of the county clerk having 1
jurisdiction, as well as finding and determining the votes 2
of the election, shall direct the county clerk to transmit 3
to the recorder of deeds of each county in which the 4
SB 1512 49
consolidated district is located a certified copy of such 5
order, to be filed in the same manner as articles of 6
incorporation are required to be filed under the general 7
laws concerning corporations, and each recorder and each 8
clerk shall each receive, for such filing, a fee of one 9
dollar, to be charged as costs in the proceeding. 10
85.1285. All powers which may be exercised by the 1
board of directors of a police protection district may be 2
exercised by the voters of that district by initiative or 3
referendum. 4
85.1290. 1. A petition for a referendum shall be in 1
substantially the following form: 2
3 WARNING
4
5
6
7
8
9
It is a felony for anyone to sign any
initiative or referendum petition with any
name other than his or her own, or to
knowingly sign his or her name more than once
for the measure, or to sign such petition when
he or she is not a legal voter.

10 INITIATIVE PETITION
11
12
To the board of directors of the ______ Police
Protection District:

13
14
15
16
17
18
19
20
21
22
We the undersigned, citizens and voters of the
state of Missouri and the ______ Police
Protection District, respectfully order that
(describe the measure) shall be referred to
the people of the district for their approval
or rejection, at the regular (special)
election to be held on the ______ day of
______, 20______, and each for himself says: I
have personally signed this petition; I am a
duly qualified elector of the state and

SB 1512 50
2. Every sheet for petitioners' signatures shall be 29
attached to a full and correct copy of the title and text of 30
the measure proposed by the initiative petition. Referendum 31
petitions shall be attached to a full and correct copy of 32
the measure on which the referendum is demanded. 33
3. Each sheet of every petition containing signatures 34
shall be verified in substantially the following form by the 35
person who circulated the sheet, by his or her affidavit 36
thereon: 37
23
24
district; my residence and post office address
are correctly written after my name.
25
26
Name ______ Residence ______
Post Office ______

27 (if in a city, street and number)
28 (Here follow numbered lines for signatures.)
38 State of Missouri
39 County of ______
40
41
42
43
44
45
46
47
I, ______, being first duly sworn, say that
each person whose name appears on this sheet
signed his or her name thereto in my presence;
I believe that each has stated his or her
name, post office address and residence
correctly, and that each signer is a voter of
the state of Missouri and ______ Police
Protection District.

48 (Signature and post office address of affiant)
49
50
Subscribed and sworn to before me this ______
day of ______, 20______

SB 1512 51
85.1300. 1. If an initiative or referendum petition 1
is presented to the secretary of the board of directors, 2
which petition carries the names of voters of the district, 3
equal to twenty percent of the number of votes of members of 4
the district who voted in the last regular district 5
election, the board of directors shall submit the question 6
pursuant to the order or demand of the petition. 7
2. The measure called for in the petition is adopted 8
if it receives an affirmative majority vote of the voters 9
voting at the district election. 10
85.1305. In addition to the compensation provided 1
pursuant to section 85.1105 for police protection districts 2
located in any county with a charter form of government, 3
each member of any such police protection district board may 4
receive an attendance fee not to exceed one hundred dollars 5
for attending a board meeting conducted pursuant to chapter 6
610, but such board member shall not be paid for attending 7
more than four such meetings in any calendar month. 8
However, no board member shall be paid more than one 9
attendance fee if such member attends more than one meeting 10
conducted under chapter 610 in a calendar week. 11
85.1310. 1. In addition to all other limits set forth 1
in sections 85.1000 to 85.1400, the board in counties of the 2
first classification shall in each year determine the amount 3
of 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
51
52
53
(Signature and title of officer before whom
oath is made and his or her post office
address)

SB 1512 52
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
In addition thereto, to fix a rate of levy which will enable 33
it to promptly pay in full when due all interest on and 34
principal of bonds and other obligations of the district, 35
and to pay any indebtedness authorized by a vote of the 36
people as provided by sections 85.1000 to 85.1265; and in 37
the event of accruing defaults or deficiencies in the bonded 38
26
27
28
29
30
31
32
Shall the board of directors of ______ Police
Protection District be authorized to levy an annual
tax rate of ______ cents per one hundred dollars
valuation, the revenues from which shall be
deposited in a special fund and used only for the
pension program of the district?

SB 1512 53
or contractual indebtedness, an additional levy may be made 39
as provided in section 85.1175. 40
2. Any district approving a tax levy rate pursuant to 41
the provisions of subsection 1 of this section shall 42
transfer all revenue collected plus interest monthly for 43
deposit in the district retirement fund. The board of 44
directors for the police protection district shall comply 45
with the prudent investor standard for investment 46
fiduciaries as provided in section 105.688 when investing 47
the assets of the pension program. 48
3. Any district may impose a tax not to exceed ten 49
cents on the one hundred dollars valuation, in addition to 50
the rate which the board may levy pursuant to this section, 51
by submitting the following question to the voters at any 52
election in such district held on the first Tuesday in April 53
of any year: 54
In addition thereto, to fix a rate of levy which will enable 60
it to promptly pay in full when due all interest on and 61
principal of bonds and other obligations of the district, 62
and to pay any indebtedness authorized by a vote of the 63
people as provided by sections 85.1000 to 85.1265; and in 64
the event of accruing defaults or deficiencies in the bonded 65
or contractual indebtedness, an additional levy may be made 66
as provided in section 85.1175. 67
55
56
57
58
59
Shall the board of directors of ______ Police
Protection District be authorized to increase the
annual tax rate from ______ cents to ______ cents
on the hundred dollars assessed valuation?

SB 1512 54
85.1340. 1. Police protection districts, when asked 1
to respond to emergencies beyond their corporate boundaries, 2
may charge for those services rendered. 3
2. When formal mutual aid agreements are in place with 4
adjoining areas and departments, this provision is not 5
applicable except by formal agreement and contract with the 6
adjoining department. 7
3. In responding to police or other emergencies 8
outside the corporate boundaries of a police protection 9
district, the police protection district responding and its 10
police officers shall be subject to the same liabilities for 11
claims for death or injury to persons or property as those 12
subjected to when responding to police or emergencies within 13
their respective police protection district. 14
4. In responding to emergencies outside the corporate 15
boundaries of the police protection district, the police 16
protection district responding may charge up to the 17
following fees: 18
(1) One hundred dollars for responding to each police 19
call or alarm; 20
(2) Five hundred dollars for each hour or a 21
proportional sum for each quarter hour spent in combating a 22
crime or emergency. 23
5. No property owner shall be liable for fees or 24
charges under this section if the property owner has 25
previously entered into an agreement with the police 26
protection district in writing, prior to the occurrence of 27
the crime or emergency. 28
85.1355. 1. In counties having a charter form of 1
government and having more than one million inhabitants and 2
in counties of the first classification which contain a city 3
with a population of one hundred thousand or more 4
SB 1512 55
inhabitants which adjoins no other county of the first 5
classification, the governing body of each police protection 6
district shall cause an audit to be performed consistent 7
with rules and regulations promulgated by the state auditor. 8
2. (1) All such districts shall cause an audit to be 9
performed biennially. Each such audit shall cover the 10
period of the two previous fiscal years. 11
(2) Any police protection district with less than 12
fifty thousand dollars in annual revenues may, with the 13
approval of the state auditor, be exempted from the audit 14
requirement of this section if it files appropriate reports 15
on its affairs with the state auditor within five months 16
after the close of each fiscal year and if these reports 17
comply with the provisions of section 105.145. These 18
reports shall be reviewed, approved, and signed by a 19
majority of the members of the governing body of the police 20
protection district seeking exemption. 21
3. Copies of each audit report shall be completed and 22
submitted to the police protection district and the state 23
auditor within six months after the close of the audit 24
period. One copy of the audit report and accompanying 25
comments shall be maintained by the governing body of the 26
police protection district for public inspection at 27
reasonable times in the principal office of the district. 28
The state auditor shall also maintain a copy of the audit 29
report and comment. If any audit report fails to comply 30
with the rules promulgated by the state auditor, that 31
official shall notify the police protection district and 32
specify the defects. If the defects specified are not 33
corrected within ninety days from the date of the state 34
auditor's notice to the district, or if a copy of the 35
required audit report and accompanying comments have not 36
SB 1512 56
been received by the state auditor within six months after 37
the end of the audit period, the state auditor shall make, 38
or cause to be made, the required audit at the expense of 39
the police protection district. 40
4. The provisions of this section shall not apply to 41
any police protection district based and substantially 42
located in a county of the third classification with a 43
population of at least thirty-one thousand five hundred but 44
not greater than thirty-three thousand. 45
85.1360. If a property tax has been approved and is 1
being collected for the purpose of supporting a police 2
protection district and such police protection district is 3
dissolved, such tax shall continue to be collected and the 4
proceeds of such tax shall be distributed to the governing 5
body of the city formerly containing the dissolved police 6
protection district, provided that the boundaries of the 7
police protection district encompass such city and the tax 8
is used only for providing police protection services within 9
such city. 10
85.1365. 1. Each member of a police protection 1
district board shall be subject to recall from office by the 2
registered voters of the district from which he or she was 3
elected. Proceedings may be commenced for the recall of any 4
police protection district board member by the filing of a 5
notice of intention to circulate a recall petition pursuant 6
to sections 85.1365 to 85.1395. 7
2. Proceedings may not be commenced against any member 8
if, at the time of commencement, that member: 9
(1) Has not held office during his or her current term 10
for a period of more than one hundred eighty days; or 11
(2) Has one hundred eighty days or less remaining in 12
his or her term; or 13
SB 1512 57
(3) Has had a recall election determined in his or her 14
favor within the current term of office. 15
85.1370. 1. The notice of intention to circulate a 1
recall petition shall be served personally, or by certified 2
mail, on the board member sought to be recalled. A copy 3
thereof shall be filed, along with an affidavit of the time 4
and manner of service, with the election authority, as 5
defined in chapter 115. A separate notice shall be filed 6
for each board member sought to be recalled and shall 7
contain all of the following: 8
(1) The name of the board member sought to be recalled; 9
(2) A statement, not exceeding two hundred words in 10
length, of the reasons for the proposed recall; 11
(3) The name or names and business or residence 12
address or addresses of at least one, and not more than 13
five, proponent or proponents of the recall. 14
2. Within seven days after the filing of the notice of 15
intention, the board member may file with the election 16
authority a statement, not exceeding two hundred words in 17
length, in answer to the statement of the proponents. If an 18
answer is filed, the board member shall also serve a copy of 19
it, personally or by certified mail, on one of the 20
proponents named in the notice of intention. 21
3. The statement and answer are intended solely for 22
the information of the voters. No insufficiency in form or 23
substance thereof shall affect the validity of the election 24
proceedings. 25
85.1375. Before any signature may be affixed to a 1
recall petition, the petition shall bear all of the 2
following: 3
(1) A request that an election be called to elect a 4
successor to the board member; 5
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(2) A copy of the notice of intention, including the 6
statement of grounds for recall; 7
(3) The answer of the board member sought to be 8
recalled, if any. If the board member has not answered, the 9
petition shall so state; 10
(4) A place for each signer to affix his or her 11
signature, printed name, and residence address including 12
city or unincorporated community. 13
85.1380. Each section of the petition, when submitted 1
to the election authority, shall have attached to it an 2
affidavit signed by the circulator of that section, setting 3
forth all of the following: 4
(1) The printed name of the affiant; 5
(2) The residence address of the affiant; 6
(3) That the affiant circulated that section and saw 7
the appended signatures be written; 8
(4) That according to the best information and belief 9
of the affiant, each signature is the genuine signature of 10
the person whose name it purports to be; 11
(5) That the affiant is a registered voter of the 12
police protection district of the board member sought to be 13
recalled; and 14
(6) The dates between which all the signatures to the 15
petition were obtained. 16
85.1385. 1. A recall petition shall be filed with the 1
election authority not more than one hundred eighty days 2
after the filing of the notice of intention. 3
2. The number of qualified signatures required in 4
order to recall an officer shall be equal in number to at 5
least twenty-five percent of the number of voters who voted 6
in the most recent gubernatorial election in that district. 7
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3. Within twenty days from the filing of the recall 8
petition, the election authority shall determine whether or 9
not the petition was signed by the required number of 10
qualified signatures. The election authority shall file 11
with the petition a certificate showing the results of the 12
examination. The authority shall give the proponents a copy 13
of the certificate upon their request. 14
4. If the election authority certifies the petition to 15
be insufficient, it may be supplemented within ten days of 16
the date of certificate by filing additional petition 17
sections containing all of the information required by 18
section 85.1380 and this section. Within ten days after the 19
supplemental copies are filed, the election authority shall 20
file with it a certificate stating whether or not the 21
petition as supplemented is sufficient. 22
5. If the certificate shows that the petition as 23
supplemented is insufficient, no action shall be taken on 24
it; however, the petition shall remain on file. 25
85.1390. 1. If the election authority finds the 1
signatures on the petition, together with the supplementary 2
petition sections if any, to be sufficient, it shall submit 3
its certificate as to the sufficiency of the petition to the 4
police protection district board prior to its next meeting. 5
The certificate shall contain: 6
(1) The name of the member whose recall is sought; 7
(2) The number of signatures required by law; 8
(3) The total number of signatures on the petition; 9
(4) The number of valid signatures on the petition. 10
2. Following the police protection board's receipt of 11
the certificate, the county election authority shall order 12
an election to be held on one of the election days specified 13
in section 115.123. The election shall be held not less 14
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than forty-five days nor more than one hundred twenty days 15
after the police protection district board receives the 16
petition. Nominations hereunder shall be made by filing a 17
statement of candidacy with the election authority. 18
3. At any time prior to forty-two days before the 19
election, the member sought to be recalled may offer his or 20
her resignation. If his or her resignation is offered, the 21
recall question shall be removed from the ballot and the 22
office declared vacant. The member who resigned may not 23
fill the vacancy which shall be filled as provided by law. 24
85.1395. The provisions of chapter 115 governing the 1
conduct of elections shall apply, where appropriate, to 2
recall elections held under sections 85.1365 to 85.1395. 3
The costs of the election shall be paid as provided in 4
chapter 115. 5
85.1400. Notwithstanding any other law to the 1
contrary, any board of directors established under the 2
provisions of sections 85.1000 to 85.1400 administering its 3
own retirement or other benefits-related plan shall 4
administer such plan by a separate five-member pension board 5
of trustees. Pension plan participants shall elect three 6
such participants to be submitted to the board of 7
directors. The board of directors shall select two of the 8
three participants to serve on the five-member pension board 9
of trustees. The board of directors shall be the other 10
three members of the five-member pension board of trustees. 11
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