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SECOND REGULAR SESSION [PERFECTED WITH PERFECTING AMENDMENT] HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
4533H03.04H HB 2600 House _____________________________________________________ Amendment NO.____ Offered By _____________________________________ ___________________________________ AMEND House Committee Substitute for House Bill No.
2600 103RD GENERAL ASSEMBLY 4533H.03D JOSEPH ENGLER, Chief Clerk AN ACT To repeal sections 190.050, 190.051, 190.052, 190.070, and 190.090, RSMo, and to enact in lieu thereof six new sections relating to ambulance districts.
2600, Pages 1-2, Section 190.050, Lines 1-31, by deleting all of said lines and inserting in lieu thereof the following:
Be it enacted by the General Assembly of the state of Missouri, as follows:
4 "190.050.
Section A.
Sections 190.050, 190.051, 190.052, 190.070, and 190.090, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 190.050, 190.051, 190.052, 190.070, 190.089, and 190.090, to read as follows:
190.050.
After the ambulance district has been declared organized, the declaring county commission[, except in counties of the second class having more than one hundred five thousand inhabitants located adjacent to a county of the first class having a charter form of government which has a population of over nine hundred thousand inhabitants,] shall divide the district into six election districts as equal in population as possible[, and] or provide for the election of six directors elected at large from within the district.
After the ambulance district has been declared organized, the declaring county commission[, except in counties of the second class having more than one hundred five thousand inhabitants located adjacent to a county of the first class having a charter form of government which has a population of over nine hundred thousand inhabitants,] shall divide the district into six election districts as equal in population as possible[,] or provide for the election of six directors elected at large from within the district.
The EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
The county commission shall reapportion the ambulance districts within sixty days after the population of the county is reported to the governor for each decennial census of the United States.
Matter in bold-face type in the above bill is proposed language.
HCS HB 2600 2 county commission shall reapportion the ambulance districts within sixty days after the population of the county is reported to the governor for each decennial census of the United States.
In any district formed in such counties after August 13, 1976, the governing body of the county shall cause an election to be held in that district within ninety days after the order establishing the ambulance district to elect ambulance district directors.] Each voter shall vote for six directors.
In any district formed in such counties after August 13, 1976, the governing body of the county shall cause an election to be held in that district within ninety days after the order establishing the ambulance district to elect ambulance district directors.] Each voter shall vote for six Action Taken___________________________________________ Date __________________ Page 1 of 3 4533H03.04H directors.
The two candidates receiving the highest number of votes at such election shall be elected for a term of three years, the two candidates receiving the third and fourth highest number of votes shall be elected for a term of two years, the two candidates receiving the fifth and sixth highest number of votes shall be elected for a term of one year;
The two candidates receiving the";
thereafter, the term of all directors shall be three years.
and 3 Further amend said bill and section, Pages 2-3, Lines 52-58, by deleting all of said lines and inserting in lieu thereof the following:
A director holding office as of August 28, 2026, shall continue as an at-large director for the remainder of such director's existing term.
6 "3.
[3.] 2.
A candidate for director of the ambulance district shall, at the time of filing, be a citizen of the United States, [a qualified voter of the election district as provided in subsection 1 of this section,] a resident of the district for two years next preceding the election, and shall be at least twenty-four years of age.
In an established district which is located within the jurisdiction of more than one election authority, the candidate shall file his or her declaration of candidacy with the secretary of the board.
In all other districts, a candidate shall file a declaration of candidacy with the county clerk of the county in which he or she resides.
A candidate shall file a statement under oath that he or she possesses the required qualifications.
No candidate's name shall be printed on any official ballot unless the candidate has filed a written declaration of candidacy pursuant to subsection 5 of section 115.127.
If the time between the county commission's call for a special election and the date of the election is not sufficient to allow compliance with subsection 5 of section 115.127, the HCS HB 2600 3 county commission shall, at the time it calls the special election, set the closing date for filing declarations of candidacy.
3.
Notwithstanding any other provision of law to the contrary, if the number of candidates for the office of director is less than the number of directors to be elected, no election shall be held, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they were elected.
Notwithstanding any other provision of law to the contrary, if the number of";
190.051.
and Further amend said bill, Page 3, Section 190.051, Lines 22-25, by deleting all of said lines and inserting in lieu thereof the following:
1.
"board members vote in favor of the proposition, then the county clerk shall redraw the district into the resulting number of subdistricts with equal population bases and hold elections by subdistricts pursuant to section 190.050.
Notwithstanding the provisions of sections 190.050 and 190.052 to the contrary, upon a [motion] resolution adopted by the board of directors in districts where there are six-member boards, and upon approval by the voters in the district, the number of directors may be increased to seven [with one board member running district wide,] or decreased to five or three board members.
Thereafter, members of the";
The resolution shall state the names of the existing directors who will fill the positions on the board if such measure is approved by the voters, as well as any vacancies to be filled by subsequent election, and shall state the dates on which those terms shall conclude.
and Further amend said bill, Page 4, Section 190.070, Lines 3-8, by deleting all of said lines and inserting in lieu thereof the following:
2.
"therein described proposed for annexation and shall be filed with the county clerk of the county in which the district or the greater portion thereof is situated, and shall be addressed to the commissioners of the county commission.
The ballot to be used for the approval of the voters to increase or decrease the number of members on the board of directors of the ambulance district shall be substantially in the following form:
Shall the number of members of the board of directors of the ______ (Insert name of district) Ambulance District be (increased to seven members/decreased to five members/decreased to three members)? YES NO HCS HB 2600 4 [2.] 3.
If a majority of the voters voting on a proposition to increase the number of board members [to seven] vote in favor of the proposition, then at the next election of board members after the voters vote to increase the number of directors, the voters shall select [one person to serve in addition to the existing six directors as the member who shall run district wide] additional persons to fill any such vacancies.
[3.] 4.
If a majority of the voters voting on a proposition to decrease the number of board members vote in favor of the proposition, then the county clerk shall redraw the district into the resulting number of subdistricts with equal population bases and hold elections by subdistricts pursuant to section 190.050.
Thereafter, members of the board shall be elected to serve terms of three years and until their successors are duly elected and qualified.
[4.
Members of the board of directors in office on the date of an election pursuant to this section to increase or decrease the number of members of the board of directors shall serve the term to which they were elected or appointed and until their successors are elected and qualified.] 190.052.
Any member of the board of directors who moves residency from the district [from which the member was elected] shall be disqualified as a member of the board.
If one or two vacancies occur in the membership of the board as a result of death, resignation, or disqualification, the remaining members shall appoint one or two qualified persons, as provided in section 190.050, to fill the vacancies until the end of the unexpired term.
Such appointment shall be made with the consent of a majority of the remaining members of the board.
If the board is unable to agree in filling a vacancy [within sixty days or if there are more than two vacancies at any one time], the county commission, upon [notice from the board of failure to agree in filling the vacancies] the written request of a majority of the remaining board members or the ambulance service administrator, as described in section 190.112, shall within [ten] thirty calendar days fill them by appointment of qualified persons, as provided in section 190.050, and shall notify the persons in writing of their appointment.
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The persons appointed shall serve for the unexpired term.
190.070.
1.
A petition for annexation of land to an ambulance district shall be signed by not less than ten percent or fifty voters, whichever is fewer, residing within the territory therein described proposed for annexation and shall be filed with the county clerk of the county in which the district or the greater portion thereof is situated, and shall be addressed to the commissioners of the county commission.
If upon the hearing the commissioners of the county commission find that the petition is in compliance with the provisions of sections 190.005 to 190.085, they shall order the question to be submitted to the voters within the territory and within the district.
If upon the hearing the commissioners of the county commission find that the petition is in compliance with the provisions of sections";
HCS HB 2600 5 2.
and Further amend said bill, page, and section, Lines 17-19, by deleting all of said lines and inserting in lieu thereof the following:
The question shall be submitted in substantially the following form to all of the voters in the existing ambulance district and the area proposed to be annexed:
"described in the petition, respectively,] are in favor of the annexation, the commissioners of the county commission shall, within thirty days of the certification of the election results, by order declare the territory annexed and shall describe the altered boundaries of the district.";
Shall______ (description of territory) be annexed to the ______ ambulance district, and a tax imposed within such annexed area equal to the existing rate of the _____ ambulance district? 3.
and Page 2 of 3 4533H03.04H Further amend said bill, page, and section, Line 20, by inserting after all of said section and line the following:
If a majority of the votes cast on the question [in the district and in the territory described in the petition, respectively,] are in favor of the annexation, the commissioners of the county commission shall, within thirty days of the certification of the election results, by order declare the territory annexed and shall describe the altered boundaries of the district.
4 "190.089.
A copy of the same shall be filed with the county clerk.
Upon voter approval of an ambulance district consolidation at an election, the department shall prioritize and expedite any activities necessary to facilitate the consolidation.";
190.089.
and 8 Further amend said bill, Page 7, Section 190.090, Line 79, by deleting the word "ten" and inserting in lieu thereof the word "thirty";
Upon voter approval of an ambulance district consolidation at an election, the department shall prioritize and expedite any activities necessary to facilitate the consolidation.
and Further amend said bill, Pages 8-9, Section 190.090, Lines 144-153, by deleting all of said lines;
190.090.
and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
1.
Page 3 of 3
Two or more organized ambulance districts may consolidate into one ambulance district by following the procedures set forth in this section.
2.
If the consolidation of existing ambulance districts is desired, a number of voters residing in an existing ambulance district equal to ten percent of the vote cast for governor in the existing district in the next preceding gubernatorial election may file with the county clerk in which the territory or greater part of the proposed consolidated district is situated a petition requesting the consolidation of two or more existing ambulance districts.
3.
The petition shall be in the following form:
We, the undersigned voters of the ______ ambulance district do hereby petition that _ _____ existing ambulance districts be consolidated into one consolidated ambulance district to be known as the _____ Ambulance District, subject to the attached consolidation plan.
4.
An alternative procedure of consolidation may be followed, if the board of directors of the existing ambulance districts pass a resolution in the following form:
Be it resolved by the board of directors of the ambulance district that the ______ ambulance districts be consolidated into one consolidated ambulance district to be known as the _____ Ambulance District, subject to the attached consolidation plan.
5.
Every petition or resolution shall be accompanied by a consolidation plan outlining the process for the proposed consolidation.
At a minimum, the consolidation plan shall include the following:
(1) The name of the proposed consolidated district, a legal description of the boundaries of such consolidated district, and the proposed tax levy to be imposed by the consolidated district.
In the event that the proposed plan is for the consolidation into an HCS HB 2600 6 existing district, the consolidation plan shall clearly state that the existing district shall continue as the legal entity into which the other districts are consolidated;
(2) The names of the districts to be consolidated, accompanied by a list of all real property owned and financial assets currently held by the district, all outstanding bonds or debts of each of said districts, and the current tax levies imposed by each of said districts;
(3) The name of the district which shall be responsible for maintaining ambulance service during the consolidation, including continuing operations, administration, and governance of the consolidated district, provided that there shall be a presumption that the district with the largest operating budget in the preceding fiscal year shall assume such responsibility;
(4) The proposed number of board members and specific individuals who will serve as the initial directors, provided that such directors shall be chosen from among the existing board members of the districts to be consolidated such that there is at least one director from each of the districts to be consolidated;
and (5) A proposed time line for consolidation, which shall not exceed one hundred eighty days, provided that such time line shall be subject to modification by the board of the consolidated district for good cause.
6.
Upon the filing of a petition, or a resolution, and a consolidation plan with the county clerk from each of the ambulance districts proposed to be consolidated, the county clerk shall present the petition or resolution and consolidation plan to the commissioners of the county commission [having jurisdiction who shall thereupon order the submission of the question to the voters of the districts.
The filing of each of the petitions in the ambulance districts shall have occurred within a continuous twelve-month period.
6.
The notice shall set forth the names of the existing ambulance districts to be included in the consolidated district.
7.
The question shall be submitted in substantially the following form:
Shall the existing ______ ambulance districts be consolidated into one ambulance district? 8.
If the county commission having jurisdiction finds that the question to consolidate the districts received a majority of the votes cast, the commission shall make and enter its order declaring that the proposition passed.
9.
Within thirty days after the district has been declared consolidated, the county commission shall divide the district into six election districts and shall order an election to be held and conducted as provided in section 190.050 for the election of directors.
10.
Within thirty days after the election of the initial board of directors of the district, the directors shall meet and the time and place of the first meeting of the board shall be HCS HB 2600 7 designated by the county commission.
At the first meeting the newly elected board of directors shall choose a name for the consolidated district and shall notify the clerk of the county commission of each county within which the consolidated district is located of the name of the consolidated district.
11.
On the thirtieth day following the election of the board of directors, the existing ambulance districts shall cease to exist and the consolidated district shall assume all of the powers and duties exercised by those districts.
All assets and obligations of the existing ambulance districts shall become assets and obligations of the consolidated district], who shall record such documents in the records of the county.
A petition or resolution for a proposed consolidation shall be received from all ambulance districts within the same calendar year or shall be considered null and void.
7.
Each of the ambulance districts seeking to consolidate shall post the notice of the intent to consolidate in the same manner as district public meetings are posted.
In addition, publication of such notice of intent shall be made in a newspaper of general circulation in every county in which the proposed consolidated ambulance district shall be located, with publication to be made once per week for two consecutive weeks.
A public hearing shall be held jointly by all ambulance districts seeking to consolidate at a location within the boundaries of the proposed consolidated ambulance district, provided that such hearing shall be no more than thirty days after the date of the second publication.
The notice of intent shall be in substantially the following form:
NOTICE OF THE FILING OF A PETITION/RESOLUTION FOR CONSOLIDATION OF THE ______ AMBULANCE DISTRICTS To all voters, residents, and interested persons within the boundaries of the above described ambulance districts:
You are hereby notified that a petition/resolution has been filed for the consolidation of the above named ambulance districts into one consolidated ambulance district to be known as _____ Ambulance District.
A proposed consolidation plan is available for inspection at the office of the County Clerk of _____ County.
A public hearing will be held on ______ (date) at ________ (time) at the following location:
________.
The purpose of this public hearing shall be to explain the reasons for the consolidation and answer questions from the public.
Objections to this consolidation may be filed with the County Clerk of _____ County, provided such objections are filed in writing not less than thirty days after the public hearing.
Any such objection must be signed by a number of voters residing in the proposed consolidated HCS HB 2600 8 district that is not less than five percent of the votes cast for governor in the district in the most recent gubernatorial election.
8.
If no objections are filed with the county clerk within thirty days after the public hearing, then within forty-five days following the date of the public hearing, the county commission shall order the districts consolidated pursuant to the terms of the consolidation plan and shall further appoint as directors those individuals identified in the consolidation plan.
The county commission shall further set a date, time, and location for the first meeting of the directors of the newly consolidated district.
9.
Upon receipt of any objections filed, the county clerk shall verify that such objections are signed by the necessary number of voters of the district.
If said objections are signed by an appropriate number of voters, the county commission of each county in which the proposed consolidated district is to be located shall thereupon order the submission of the question to the voters of the districts.
The question shall be submitted in substantially the following form:
Shall the existing ______ ambulance districts be consolidated into one ambulance district to be known as the _________ Ambulance District, with such consolidated district authorized to levy a property tax not to exceed the annual rate of ______ cents on the hundred dollars assessed valuation or a sales tax in an amount not to exceed ______ percent, or a combination of both? If the county commission having jurisdiction finds that the question to consolidate the districts received a majority of the votes cast, the commission shall make and enter its order declaring that the proposition passed.
The county commission shall further order the districts consolidated pursuant to the terms of the consolidation plan and shall further appoint as directors those individuals identified in the consolidation plan.
The county commission shall further set a date, time, and location for the first meeting of the directors of the newly consolidated district.
10.
Notwithstanding any other provision of law to the contrary, the consolidated district may impose an initial tax levy up to the highest tax levy of the consolidating districts, provided such tax levy is specifically set forth in the ballot language submitted to and approved by the voters of the consolidating district.
11.
Without a vote of the residents of the consolidated district as provided in this section, no consolidated ambulance district shall be permitted to impose a property tax greater than the lowest of any existing property tax rate of the districts to be consolidated, nor shall the consolidated ambulance district be permitted to impose any HCS HB 2600 9 sales tax greater than the lowest of any existing sales tax rate of the districts to be consolidated.
12.
Upon written certification by the board of directors of the consolidated district to the prior district that the consolidated district has obtained the necessary licenses and permits to operate an ambulance service and all directors of such consolidated district have completed the training required by section 190.053, the existing ambulance districts shall cease to exist and the consolidated district shall assume all of the powers and duties exercised by those districts.
All assets and obligations of the existing ambulance districts shall become assets and obligations of the consolidated district.