Missouri Statute | Act | Code |County, Township And Political Subdivision Government| US Code - US Statute | Chapter 70 Powers Of Political Subdivisions To Cooperate Or Contract With

USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 70 Powers of Political Subdivisions to Cooperate or Contract with

As used in sections 70.875 to 70.880, the following terms mean:

(1) "Department", the department of public safety;

(2) "Director", the director of the department of public safety;

(3) "Multijurisdictional antifraud enforcement group", or "MAEG", a
combination of political subdivisions established pursuant to sections
70.875 to 70.880. (L. 2001 H.B. 80 § 70.827)

1. Any two or more political subdivisions or the state highway
patrol and any two or more political subdivisions may by order or
ordinance agree to cooperate with one another in the formation of a
multijurisdictional antifraud enforcement group for the purpose of
intensive professional investigation of fraudulent activities.

2. The power of arrest of any peace officer who is duly authorized as a
member of a MAEG unit shall only be exercised during the time such peace
officer is an active member of a MAEG unit and only within the scope of
the investigation on which the unit is working. Notwithstanding other
provisions of law to the contrary, such officer shall have the power of
arrest, as limited in this subsection, anywhere in the state and shall
provide prior notification to the chief of police of the municipality in
which the investigation is to take place or the sheriff of the county if
the investigation is to be made in his or her venue. The chief of police
or sheriff may elect to work with the MAEG unit at his or her option when
such MAEG is operating within the jurisdiction of such chief of police or
sheriff. (L. 2001 H.B. 80 § 70.829)

1. A county bordering another state may enter into agreement with
the political subdivisions in such other state's contiguous county
pursuant to section 70.220, to form a multijurisdictional antifraud
enforcement group for the enforcement of antifraud laws and work in
cooperation pursuant to sections 70.875 to 70.880.

2. Such other state's law enforcement officers may be deputized as
officers of the counties of this state participating in an agreement
pursuant to subsection 1 of this section, and shall be deemed to have met
all requirements of peace officer training and certification pursuant to
chapter 590, RSMo, for the purposes of conducting investigations and
making arrests in this state pursuant to the provisions of section
70.877, provided such officers have satisfied the applicable peace
officer training and certification standards in force in such other state.

3. Such other state's law enforcement officers shall have the same powers
and immunities when working under an agreement pursuant to subsection 1
of this section as if working under an agreement with another political
subdivision in Missouri pursuant to section 70.815.

4. A multijurisdictional antifraud enforcement group formed pursuant to
this section is eligible to receive state grants to help defray the costs
of its operation pursuant to the terms of section 70.880.

5. The provisions of subsections 2, 3 and 4 of this section shall not be
in force unless such other state has provided or shall provide legal
authority for its political subdivisions to enter into such agreements
and to extend reciprocal powers and privileges to the law enforcement
officers of this state working pursuant to such agreements. (L. 2001 H.B.
80 § 70.831)

1. A multijurisdictional antifraud enforcement group which meets
the minimum criteria established in this section is eligible to receive
state grants to help defray the costs of operation.

2. To be eligible for state grants, a MAEG shall:

(1) Be established and operating pursuant to intergovernmental contracts
written and executed in conformity by law, and involve two or more units
of local government;

(2) Establish a MAEG policy board composed of an elected official, or a
designee, and the chief law enforcement officer from each participating
unit of local government to oversee the operations of the MAEG and make
such reports to the department of public safety as the department may
require;

(3) Designate a single appropriate official of a participating unit of
local government to act as the financial officer of the MAEG for all
participating units of the local government and to receive funds for the
operation of the MAEG;

(4) Limit its target operation to enforcement of antifraud laws;

(5) Cooperate with the department of public safety in order to assure
compliance with sections 70.875 to 70.880 and to enable the department to
fulfill its duties pursuant to sections 70.875 to 70.880 and supply the
department with all information the department deems necessary therefor.

3. The department of public safety shall monitor the operations of all
MAEG units which receive state grants. From the moneys appropriated
annually, if funds are made available by the general assembly for this
purpose, the director shall determine and certify to the auditor the
amount of the grant to be made to each designated MAEG financial officer.
No provision of this section shall prohibit funding of
multijurisdictional antifraud enforcement groups by sources other than
those provided by the general assembly, if such funding is in accordance
with and in such a manner as provided by law.

4. The director shall report annually, no later than January first of
each year, to the governor and the general assembly on the operations of
the multijurisdictional antifraud enforcement groups, including a
breakdown of the appropriation for the current fiscal year indicating the
amount of the state grant each MAEG received or will receive. (L. 2001
H.B. 80 § 70.833)

1. Notwithstanding the provisions of section 70.600 to the
contrary, a centralized emergency dispatching system created by a joint
municipal agreement under section 70.220 existing within any county with
a charter form of government and with more than one million inhabitants
may be considered a political subdivision for the purposes of sections
70.600 to 70.755, and employees of the centralized emergency dispatching
system shall be eligible for membership in the Missouri local government
employees' retirement system upon the centralized emergency dispatching
system becoming an employer as defined in subdivision (11) of section
70.600.

2. Any political subdivision participating in a centralized emergency
dispatching system granted membership under subsection 1 of this section
shall be subject to the delinquent recovery procedures under section
70.735 for any contribution payments due the system. Any political
subdivision withdrawing from membership shall be subject to payments for
any unfunded liabilities existing for its past and current employees. Any
political subdivision becoming a new member shall be subject to the same
terms and conditions then existing including liabilities in proportion to
all participating political subdivisions. (L. 2004 H.B. 795, et al.)

Any municipality may exercise the power referred to in section
70.220 by ordinance duly enacted, or, if a county, then by order of the
county commission duly made and entered, or if other political
subdivision, then by resolution of its governing body or officers made
and entered in its journal or minutes of proceedings, which shall provide
the terms agreed upon by the contracting parties to such contract or
cooperative action. (L. 1947 V. I p. 401 § 7403c)

(1960) Agreement between county and Public Housing Authority under which
county agreed to remove unsafe buildings, vacate streets, convey vacated
property and change its zoning regulations, held legislative in character
so that referendum provisions in charter thereon could be enforced by
mandamus. Carson v. Oxenhandler (A.), 334 S.W.2d 394.

The parties to such contract or cooperative action or any of
them, or any joint board or commission formed pursuant to section 70.260
for the purpose of providing water or sewer services, may acquire, by
gift or purchase, or by the power of eminent domain exercised by one or
more of the parties thereto in the same manner as now or hereafter
provided for corporations created under the law of this state for public
use, chapter 523, RSMo, and amendments thereto, or any joint board or
commission formed pursuant to section 70.260 for the purpose of providing
water or sewer services, the lands necessary or useful for the joint use
of the parties for the purposes provided in section 70.220 or section
70.260, either within or without the corporate or territorial limits of
one or more of the contracting parties, and shall have the power to hold
or acquire said lands as tenants in common with the parties to such
contract or in the name of any joint board or commission formed pursuant
to section 70.260; provided however, that in no event shall any joint
board or commission formed pursuant to section 70.260 for the purpose of
providing water or sewer services exercise the power of eminent domain
within the corporate or territorial limits of one of the contracting
parties without such party's consent. (L. 1947 V. I p. 401 § 7403c, A.L.
1999 H.B. 450 merged with S.B. 160 & 82)

CROSS REFERENCES: Fire departments, cities may contract for joint
maintenance, costs how shared, bonds issued, when, RSMo 71.370 to 71.510
Fire protection, cities may contract to furnish, RSMo 71.370 Fire
protection districts, may contract with municipalities, RSMo 321.220
Housing authorities, may join or cooperate, RSMo 99.110 Housing
authority, to borrow or accept grants from federal government, RSMo
99.210 Levee district may contract with Mississippi River Commission,
RSMo 245.390 National park or plaza, certain cities to have additional
powers, RSMo 95.510 to 95.527 Sewerage facilities, authority of
municipalities to contract with each other, RSMo 250.220 Street lighting
districts may contract with other political subdivisions, RSMo 235.150
Taxes, delinquent, drainage and levee districts may cooperate to redeem,
RSMo 246.140 Water, cities may contract to furnish or to buy, RSMo
91.050, 91.060 Water supply, cities may contract jointly for, RSMo
71.540, 71.550 Water supply district may contract with city for water
service, procedure, RSMo 247.085

(1964) City had authority to enter into contract with school district for
erection of library by school district on land acquired by city by
condemnation proceedings for purpose of parkway. School District of
Kansas City v. Kansas City (Mo.), 382 S.W.2d 688.

(1967) Cities' cooperative sewer agreement which conditioned obligation
of a fourth class city to build facilities on its passage of a bond issue
did not, until the passage of the bond issue, create an indebtedness of
the city within constitutional debt limitation, and was not ultra vires
or void ab initio. The passage of the bond issue obligated the city to
perform the construction and established corresponding obligation of the
other contracting city to perform its duties conditioned on the passage
of the bond issue. Kansas City v. City of Raytown (Mo.), 421 S.W.2d 504.

Any such municipality or political subdivision may provide for
the financing of its share or portion of the cost or expenses of such
contract or cooperative action in a manner and by the same procedure for
the financing by such municipality or political subdivision of the
subject and purposes of said contract or cooperative action if acting
alone and on its own behalf. (L. 1947 V. I p. 401 § 7403c)

1. The joint contract may also provide for the establishment and
selection of a joint board, commission, officer or officers to supervise,
manage and have charge of such joint planning, development, construction,
acquisition, operation or service and provide for the powers and duties,
terms of office, compensation, if any, and other provisions relating to
the members of such joint board, commission, officers or officer. Such
contract may include and specify terms and provisions relative to the
termination or cancellation by ordinance, order or resolution, as the
case may be, of such contract or cooperative action and the notice, if
any, to be given of such cancellation, provided that such cancellation
termination shall not relieve any party participating in such contract or
cooperative action from any obligation or liability for its share of the
cost or expense incurred prior to the effective date of any such
cancellation.

2. Any joint board or commission created pursuant to this section shall
be a separate legal entity and shall constitute a body corporate and
politic, and shall have, in addition to any other powers reasonably
necessary to the exercise of its function under the contract, the
following powers:

(1) To sue and be sued in its corporate name;

(2) To take and hold any property, real or personal, in fee simple or
otherwise;

(3) To sell, lease, lend or otherwise transfer any property or interest
in property owned by it;

(4) To make contracts;

(5) To have and use a corporate seal; and

(6) To issue bonds, notes or other evidence of indebtedness, in its own
name, on behalf of the municipalities or political subdivisions that are
parties to the joint contract; subject, however, to any requirements for
voter approval as may be imposed by law on any of the contracting
municipalities or political subdivisions.

3. Such bonds, notes or other indebtedness may be payable from or secured
by any property, interest or income of the separate legal entity or the
contracting entities, from whatever source derived, but shall not
constitute a charge against or indebtedness of the municipalities or
political subdivisions on behalf of which such bonds, notes or other
indebtedness are issued. In issuing such bonds, notes or other
indebtedness, the separate legal entity shall act as the constituted
authority of the municipalities or political subdivisions on behalf of
which the bonds, notes or other indebtedness are issued.

4. The duration of any joint board or commission referred to in this
section may be perpetual or as otherwise provided in the joint contract
under which it was created; however, any property owned or held by such
legal entity shall become the property of the municipalities or political
subdivisions that are parties to the joint contract upon dissolution of
the legal entity. (L. 1947 V.I p. 401 § 7403c, A.L. 1989 H.B. 487 merged
with S.B. 98)

Effective 7-14-89

Sovereignty shall be retained over any real property used under
the terms of any contract or cooperative action within the jurisdiction
and territorial limits of the municipality or political subdivision in
which it is located, and to that extent shall be a limitation upon the
contracting parties under the provisions of sections 70.210 to 70.320.
(L. 1947 V. I p. 401 § 7403e)

The governing body of any municipality or political subdivision
shall have the power to abolish the office of the facility taken over by
any other municipality or political subdivision, and the powers and
duties thereof may be transferred to the officer who is to perform them
under the terms of the contract or cooperative action. (L. 1947 V. I p.
401 § 7403f)

All officers acting under the authority of the municipality or
political subdivision pursuant to such agreement or cooperative action
under the provisions of sections 70.210 to 70.320 shall be deemed to be
acting for a governmental purpose and shall enjoy all the immunities and
shall be subject to the same liabilities which they would have within
their own territorial limits. (L. 1947 V. I p. 401 § 7403g)

Whenever the contracting party is a political subdivision of this
state, the execution of all contracts shall be authorized by a majority
vote of the members of the governing body. Each contract shall be in
writing. (L. 1947 V. I p. 401 § 7403h, A.L. 2004 S.B. 951)

All money received pursuant to any such contract or cooperative
action, under the provisions of sections 70.210 to 70.320, unless
otherwise provided by law, shall be deposited in such fund or funds and
disbursed in accordance with the provisions of such contract or
cooperative action. (L. 1947 V. I p. 401 § 7403i)

Suits affecting any of the terms of any contract may be brought
in the circuit court of the county in which any contracting municipality
or political subdivision is located or in the circuit court of the county
in which a party to the contract resides. (L. 1947 V. I p. 401 § 7403j)

A public entity, cemetery or nonprofit organization may contract
with any county, city, township, or any special road district for the use
of such county's, city's, township's or special road district's equipment
and personnel to repair or maintain roads of public entities, cemeteries
or roads owned by nonprofit organizations, or to perform such other
roadwork-related activities for such public entity, cemetery or nonprofit
organization, if such public entity, cemetery or nonprofit organization
is located within the boundaries of the county, city, township, or
special road district. As used in this section, a nonprofit organization
shall mean a 501(c)(3) organization as defined under the Internal Revenue
Code and an organization in an area where there is no access to private
services. Such contract shall be in writing and shall provide that:

(1) The public entity, cemetery or nonprofit organization holds the
county, city, township, or special road district harmless for any damage
to persons or property which may accrue as a result of such roadwork; and

(2) The public entity, cemetery or nonprofit organization shall pay the
county, city, township, or special road district for such roadwork. The
amount of payment shall be stated in the contract, and shall not be less
than the reasonable cost to the county, city, township, or special road
district for such roadwork or rental. (L. 1988 S.B. 532 § 1, A.L. 1999
S.B. 153)

The governing body of any city is hereby authorized to enter into
an agreement with the United States Corps of Engineers for the
development and improvement of recreational facilities in federal
reservoir areas as provided in section 209 of the Flood Control Act of
1954, 68 Stat. 1266, 16 U.S.C. 460d. (L. 1959 S.B. 327 § 1)

The state of Missouri hereby agrees with the state of Kansas,
upon enactment by the state of Kansas of legislation having the same
effect as this section, to the following compact:

KANSAS-MISSOURI FLOOD PREVENTION AND

CONTROL COMPACT

ARTICLE I. SHORT TITLE

1.1. This compact shall be known and may be cited as the Kansas-Missouri
Flood Prevention and Control Compact.

ARTICLE II. PURPOSES

2.1. It is recognized that destructive floods occur in certain rivers
which affect disastrously both of the party states by upsetting orderly
processes, causing loss of life and property, the erosion of lands,
impairing and obstructing farming and commercial operations, navigation,
highways and railroads, and constitute a common menace to the states. The
prevention and control of floods in these areas are public purposes of
the party states. A single agency is essential for effective and
economical direction, supervision and coordination of examination of
needs and planning for flood prevention and control in these common
areas. For these purposes the party states do hereby establish the
Kansas-Missouri Flood Prevention and Control Commission. The commission
shall have jurisdiction hereunder with respect to flood prevention and
control in the district comprising the following counties of Kansas and
Missouri: Johnson, Wyandotte and Atchison counties in Kansas; Jackson,
Clay, Platte, and Buchanan counties in Missouri.

ARTICLE III. ORGANIZATION OF COMMISSION

3.1. The commission shall be an interstate body, both corporate and
politic serving as a common agency of the party states and representing
them both collectively and individually in the exercise of its powers and
duties.

3.2. The commission shall be composed of eleven members, one commissioner
representing the appropriate federal agency having jurisdiction of flood
prevention and control measures in the area, five commissioners from
Kansas and five from Missouri, each of whom shall be a resident of such
state, and at least three commissioners from each state shall be
residents of the region subject to the jurisdiction of the commission
hereunder. The commissioners from each state shall be qualified, chosen
and appointed by each state in the manner provided by the laws of the
respective states. The federal representative shall be appointed by the
officer or officers having power to appoint him to the federal office he
then holds. The representative of the federal government shall not be
entitled to vote on any action of the commission but may attend and
otherwise participate in commission meetings and may make recommendations
to the commission. Each member shall hold office at the pleasure of the
appointing authority. The commission shall elect a chairman from among
its members.

3.3. The commission's functions shall be performed and carried out by its
members, advisory committees and panels representative of citizens and
political subdivisions and other governmental agencies in the compact
region as may be established by the commission, and by such officers,
agents and employees as may be appointed by the commission, subject to
its direction and control. All such officers, agents and employees shall
hold office at the pleasure of the commission, which shall prescribe
their powers, duties and qualifications and fix their compensation and
other terms of their employment.

3.4. A quorum of the commission for the purpose of transacting business
at any commission meeting shall exist only when there are present, in
person, at least three members from each of the party states. No action
of the commission shall be effective or binding unless a majority of each
party state's representatives who are present at the commission meeting
shall vote in favor thereof. Certified copies of the minutes of each
commission meeting shall be sent to each of the governors of the party
states within ten days of the meeting. The vote of any one or more of the
representatives from each party state may be vetoed and canceled by the
governor of such state within ten days, Saturdays, Sundays and legal
holidays of the particular state excepted, after receipt by the governor
of the certified copy of the minutes of the meeting at which such vote
was cast, the intent being to empower the governor of each party state to
nullify the commission's action upon which such vote had been taken.

3.5. The members of the commission shall receive no compensation for
their services pursuant to this compact but they shall be entitled to be
paid the expenses actually and necessarily incurred by them in the
performance of their duties.

3.6. No member of the commission who is otherwise a public officer or
employee shall suffer a forfeiture of his office or employment, or any
loss or diminution in the rights and privileges appertaining thereto, by
reason of such membership.

ARTICLE IV. POWERS AND DUTIES

OF THE COMMISSION

4.1. The function of the commission shall be to act as an official
comprehensive study and planning agency of the party states for the
compact region. It shall conduct surveys, make studies, submit
recommendations and prepare plans designed to aid in solving immediate
and long-range joint problems of flood prevention and control, including
but not limited to, soil and water erosion control and abatement, the
building of sanitary and storm sewers in watersheds extending into the
territorial limits of both the states, the constructing of levees along
the banks of, or shortening or diverting or otherwise improving any
natural watercourse to prevent its overflow where the same overflow is
likely to cause damage to lands situated within the territorial limits of
the party states, and may receive aid from, contract and cooperate with
the United States, and with public and private corporations and with
individuals owning or exercising jurisdiction over lands which are
subject to injury by such overflow, or which may require such sewers.

4.2. The commission shall also act as a liaison to encourage coordination
among and between all agencies and entities, governmental and private,
charged with or having a substantial interest in the planning or
providing of flood prevention and control measures within any part of the
compact region. In furtherance of this function, the commission shall,
through advisory committees or panels, provide for the representation and
participation of officials of political subdivisions and other
governmental agencies in the compact region in the development of
policies, plans and programs and shall report to the party states on the
regional implications of any development plans or programs proposed by
any such agency or entity.

4.3. The commission shall have power to apply for and to receive and
accept grants of property, money and services and other assistance
offered or made available to it by any person, government, or agency
whatever, which it may use to meet necessary expenses and for any other
use within the scope of its functions, and to negotiate for the same upon
such terms and conditions as may be necessary or advisable.

4.4. The commission shall have power to hire, lease, acquire and dispose
of property to the extent necessary to carry out its functions, powers
and duties as the same may be constituted from time to time.

4.5. Without diminution of its general power to contract, the commission
shall have power to contract with any government or agency whatever,
including the respective departments of the party states, for the
performance of services by the commission which relate to its functions,
powers and duties, and to accept compensation or reimbursement therefor.

4.6. The commission shall have power to expend, or to authorize the
expenditure of, funds appropriated to it or for its purposes by the party
states, but such expenditures shall at all times be within the terms of
an annual budget to be adopted by the commission, by resolution, in
advance of each fiscal period of the commission, which budget may be
amended or modified from time to time. Each of the party states reserves
the right to require such audit or audits as such state may from time to
time consider proper.

4.7. To avoid duplication of effort and in the interests of economy, the
commission shall make use of existing studies, surveys, plans, data and
other materials in the possession of the governmental agencies of the
party states and their respective political subdivisions. Each such
agency is hereby authorized to make such materials available to the
commission and otherwise to assist it in the performance of its
functions. At the request of the commission, each such agency which is
engaged in flood prevention and control planning is further authorized to
provide the commission with information regarding its plans and programs
affecting the compact region so that the commission may have available to
it current information with respect thereto. The officers and personnel
of such agencies, and of any other government or agency whatever, may
serve at the request of the commission upon such advisory committees and
panels as the commission shall determine to create; and such officers and
personnel may serve upon such committees and panels without forfeiture of
office or employment and with no loss or diminution in the status, rights
and privileges which they otherwise enjoy.

ARTICLE V. COMMISSION FINANCES AND REPORTS

5.1. Subject to the availability of funds appropriated pursuant to the
applicable laws of the respective party states, the cost and expense of
supporting, administering and operating the activities of the commission,
less any federal aid or other contributions received therefor, shall be
apportioned equally among the party states and shall be paid out of
appropriations made available by such party states.

5.2. The commission may accept advances from one or more of the party
states or from the federal government; but it may not otherwise borrow
money nor may it issue notes or bonds. It shall not incur any obligation
in excess of the amounts appropriated or otherwise available to it or for
its purposes and each of its expenditures shall be within the terms of
the annual budget hereinbefore mentioned.

5.3. The commission is declared to be an instrumentality of the party
states exercising a governmental function. It shall enjoy the sovereign
immunity of the party states nor shall it have the power to pledge the
credit of the party states or any of them, or to impose any liability
upon them, or any one of them, directly or indirectly, either by tort,
contract or otherwise.

5.4. The commission shall report annually to the governors and
legislatures of the party states with respect to its operations and
finances and shall provide such financial reports as shall be required
from time to time under the laws of the party states.

ARTICLE VI. GENERAL PROVISIONS

6.1. For the purpose of this compact, unless the context plainly requires
a different meaning:

(1) "Commission" means the Kansas-Missouri flood prevention and control
commission created and established by this compact;

(2) "Compact region" means the geographical area described as follows:
the counties of Johnson, Wyandotte and Atchison in Kansas, Jackson, Clay,
Platte and Buchanan in Missouri;

(3) "Concurrent legislation" means a statute enacted by one of the party
states which is concurred in by the other party states in the form of
enactments having like effect; and

(4) "Party states" means the states of Kansas and Missouri. The area may
be enlarged or reduced by concurrent legislation hereafter enacted.

6.2. This compact shall be construed liberally to effectuate its
purposes. Nothing herein shall be deemed in any way to limit or restrict
the power of one or more of the party states, by law or otherwise, to
deal independently with respect to any matter within the scope of this
compact.

6.3. The commission shall continue in existence until revoked by one or
more of the party states.

6.4. Amendments and supplements to this compact to implement the purposes
thereof may be adopted by concurrent legislation of the party states.

6.5. If any part or provision of this compact or the application thereof
to any person or circumstance be adjudged invalid by any court of
competent jurisdiction, such judgment shall be confined in its operation
to the part, provision, or application directly involved in the
controversy in which such judgment shall have been rendered and shall not
affect or impair the validity of the remainder of this compact or the
application thereof to other persons or circumstances, and the party
states hereby declare that they would have entered into this compact or
the remainder thereof had the invalidity of such provision or application
thereof been apparent. (L. 1985 S.B. 26 § 1)

Any city which now has or may hereafter contain more than one
hundred thousand inhabitants shall have power to contract with drainage
districts or with other public corporations in this or any adjoining
state for cooperation or joint action in building sanitary and storm
sewers in watersheds extending into the territorial limits of all the
districts, or corporations so cooperating, and in constructing levees
along the banks of, or shortening, diverting or otherwise improving any
natural watercourse to prevent its overflow, where the same overflow is
likely to cause injury or damage to lands situated within the territorial
limits of all the districts or corporations so cooperating; also to
receive aid from, contract and cooperate with the United States, and with
public and with private corporations and with individuals owning or
exercising jurisdiction over lands wheresoever situated which are subject
to injury by such overflow, or which may require the building of such
sewers. (RSMo 1939 § 6476)

Prior revisions: 1929 § 6353; 1919 § 7856

Where a watershed located partly within any such city and partly
within an adjoining state requires for the health, safety and comfort of
the inhabitants of such city the construction of sewers and protection
against flood, such city may, with consent of such adjoining state, but
with or without the cooperation of public corporations of such adjoining
state, build sanitary or storm sewers, or construct levees along the
banks of, or shorten, divert or otherwise improve any natural watercourse
in such watershed. Such city may, by purchase or eminent domain
proceedings, acquire rights-of-way for any such sewers or improvements of
watercourses. (RSMo 1939 § 6477)

Prior revisions: 1929 § 6354; 1919 § 7857

Such city shall have power to pay for all such work and
rights-of-way herein provided for in part or in whole out of the general
funds, or by the imposition of special assessments upon lands located in
such city and within the district deemed to be benefited by the
construction of such sewers or such levees, or the shortening, diversion
or improvement of such watercourse. (RSMo 1939 § 6478)

Prior revisions: 1929 § 6355; 1919 § 7858

Any such city is hereby given power by its charter or amendment
thereto to determine the manner, method and distribution of the cost of
the work and rights-of-way to be paid for in special assessments and to
establish thereby the procedure in such cases and the form of obligation
to be issued. (RSMo 1939 § 6479)

Prior revisions: 1929 § 6356; 1919 § 7859

Within sixty days after this section becomes effective, the
governor by and with the advice and consent of the senate shall appoint
three commissioners to enter into a compact on behalf of the state of
Missouri with the state of Illinois. If the senate is not in session at
the time for making any appointment, the governor shall make a temporary
appointment as in case of a vacancy. Any two of the commissioners so
appointed together with the attorney general of the state of Missouri may
act to enter into the following compact:

COMPACT BETWEEN MISSOURI AND ILLINOIS CREATING THE BI-STATE DEVELOPMENT
AGENCY AND THE BI-STATE METROPOLITAN DISTRICT

The states of Missouri and Illinois enter into the following agreement:

ARTICLE I

They agree to and pledge each to the other faithful cooperation in the
future planning and development of the bi-state metropolitan district,
holding in high trust for the benefit of its people and of the nation the
special blessings and natural advantages thereof.

ARTICLE II

To that end the two states create a district to be known as the "Bi-State
Metropolitan Development District" (herein referred to as "The District")
which shall embrace the following territory: The city of St. Louis and
the counties of St. Louis and St. Charles and Jefferson in Missouri, and
the counties of Madison, St. Clair, and Monroe in Illinois.

ARTICLE III

There is created "The Bi-State Development Agency of the
Missouri-Illinois Metropolitan District" (herein referred to as "The
Bi-State Agency") which shall be a body corporate and politic. The
bi-state agency shall have the following powers:

(1) To plan, construct, maintain, own and operate bridges, tunnels,
airports and terminal facilities and to plan and establish policies for
sewage and drainage facilities;

(2) To make plans for submission to the communities involved for
coordination of streets, highways, parkways, parking areas, terminals,
water supply and sewage and disposal works, recreational and conservation
facilities and projects, land use pattern and other matters in which
joint or coordinated action of the communities within the areas will be
generally beneficial;

(3) To charge and collect fees for use of the facilities owned and
operated by it;

(4) To issue bonds upon the security of the revenues to be derived from
such facilities; and, or upon any property held or to be held by it;

(5) To receive for its lawful activities any contributions or moneys
appropriated by municipalities, counties, state or other political
subdivisions or agencies; or by the federal government or any agency or
officer thereof;

(6) To disburse funds for its lawful activities, and fix salaries and
wages of its officers and employees;

(7) To perform all other necessary and incidental functions; and

(8) To exercise such additional powers as shall be conferred on it by the
legislature of either state concurred in by the legislature of the other
or by act of congress.

No property now or hereafter vested in or held by either state, or by any
county, city, borough, village, township or other political subdivision,
shall be taken by the bi-state agency without the authority or consent of
such state, county, city, borough, village, township or other political
subdivision, nor shall anything herein impair or invalidate in any way
any bonded indebtedness of such state, county, city, borough, village,
township or other political subdivision, nor impair the provisions of law
regulating the payment into sinking funds of revenues derived from
municipal property, or dedicating the revenues derived from any municipal
property to a specific purpose.

Unless and until otherwise provided, it shall make an annual report to
the governor of each state, setting forth in detail the operations and
transactions conducted by it pursuant to this agreement and any
legislation thereunder.

Nothing contained in this compact shall impair the powers of any
municipality to develop or improve terminal or other facilities.

The bi-state agency shall from time to time make plans for the
development of the district; and when such plans are duly approved by the
legislatures of the two states, they shall be binding upon both states
with the same force and effect as if incorporated in this compact.

The bi-state agency may from time to time make recommendations to the
legislatures of the two states or to the Congress of the United States,
based upon study and analysis, for the improvement of transportation,
terminal, and other facilities in the district.

The bi-state agency may petition any interstate commerce commission (or
like body), public service commission, public utilities commission (or
like body), or any other federal, municipal, state or local authority,
administrative, judicial or legislative, having jurisdiction in the
premises, for the adoption and execution of any physical improvements,
change in method, rate of transportation, system of handling freight,
warehousing, docking, lightering, or transfer of freight, which, in the
opinion of the bi-state agency, may be designed to improve or better the
handling of commerce in and through the district, or improve terminal and
transportation facilities therein. It may intervene in any proceeding
affecting the commerce of the district.

ARTICLE IV

The bi-state agency shall consist of ten commissioners, five of whom
shall be resident voters of the state of Missouri and five of whom shall
be resident voters of the state of Illinois. All commissioners shall
reside within the bi-state district, the Missouri members to be chosen by
the state of Missouri and the Illinois members by the state of Illinois
in the manner and for the terms fixed by the legislature of each state
except as herein provided.

ARTICLE V

The bi-state agency shall elect from its number a chairman, a vice
chairman, and may appoint such officers and employees as it may require
for the performance of its duties, and shall fix and determine their
qualifications and duties.

Until otherwise determined by the legislatures of the two states no
action of the bi-state agency shall be binding unless taken at a meeting
at which at least three members from each state are present, and unless a
majority of the members from each state present at such meeting shall
vote in favor thereof. Each state reserves the right hereafter to provide
by law for the exercise of the veto power by the governor thereof over
any action of any commissioner appointed therefrom.

Until otherwise determined by the action of the legislature of the two
states, the bi-state agency shall not incur any obligations for salaries,
office or other administrative expenses, prior to the making of
appropriations adequate to meet the same.

The bi-state agency is hereby authorized to make suitable rules and
regulations not inconsistent with the constitution or laws of the United
States or of either state, or of any political subdivision thereof, and
subject to the exercise of the power of congress, for the improvement of
the district, which when concurred in or authorized by the legislatures
of both states, shall be binding and effective upon all persons and
corporations affected thereby.

The two states shall provide penalties for violations of any order, rule
or regulation of the bi-state agency, and for the manner of enforcing
same.

ARTICLE VI

The bi-state agency is authorized and directed to proceed with the
development of the district in accordance with the articles of this
compact as rapidly as may be economically practicable and is vested with
all necessary and appropriate powers not inconsistent with the
constitution or the laws of the United States or of either state, to
effectuate the same, except the power to levy taxes or assessments.

It shall render such advice, suggestion and assistance to all municipal
officials as will permit all local and municipal improvements, so far as
practicable, to fit in with the plan.

ARTICLE VII

In witness thereof, we have hereunto set our hands and seals under
authority vested in us by law.

(Signed) In the presence of:

(Signed) (L. 1949 p. 558 § 1)

Revisor's note: Approved by Congress, 64 Stat. 568

For corresponding Illinois laws see Illinois Revised Statutes 1949
chapter 127, paragraph 63 r-1 et seq.

In further effectuation of that certain compact between the
states of Missouri and Illinois heretofore made and entered into on
September 20, 1949, the bi-state development agency, created by and under
the aforesaid compact, is authorized to exercise the following powers in
addition to those heretofore expressly authorized by the aforesaid
compact:

(1) To acquire by gift, purchase or lease, sell or otherwise dispose of,
and to plan, construct, operate and maintain, or lease to others for
operation and maintenance, airports, wharves, docks, harbors, and
industrial parks adjacent to and necessary and convenient thereto,
bridges, tunnels, warehouses, grain elevators, commodity and other
storage facilities, sewage disposal plants, passenger transportation
facilities, and air, water, rail, motor vehicle and other terminal or
parking facilities;

(2) To acquire by gift, purchase or lease; to plan, construct, operate,
maintain, or lease to or contract with others for operation and
maintenance; or lease, sell or otherwise dispose of to any person, firm
or corporation, subject to such mortgage, pledge or other security
arrangements that the bi-state development agency may require, facilities
for the receiving, transferring, sorting, processing, treatment, storage,
recovery and disposal of refuse or waste, and facilities for the
production, conversion, recovery, storage, use, or use and sale of refuse
or waste derived resources, fuel or energy and industrial parks adjacent
to and necessary and convenient thereto;

(3) To contract with municipalities or other political subdivisions for
the services or use of any facility owned or operated by the bi-state
agency, or owned or operated by any such municipality or other political
subdivision;

(4) To borrow money for any of the authorized purposes of the bi-state
development agency and to issue the negotiable notes, bonds or other
instruments in writing of the bi-state development agency in evidence of
the sum or sums to be borrowed;

(5) To issue negotiable refunding notes, bonds or other instruments in
writing for the purpose of refunding, extending or unifying the whole or
any part of its valid indebtedness from time to time outstanding, whether
evidenced by notes, bonds or other instruments in writing;

(6) To provide that all negotiable notes, bonds or other instruments in
writing issued either pursuant to subdivision (4) or pursuant to
subdivision (5) hereof shall be payable, both as to principal and
interest, out of the revenues collected for the use of any facility or
combination of facilities owned or operated or owned and operated by the
bi-state development agency, or out of any other resources of the
bi-state development agency, and may be further secured by a mortgage or
deed of trust upon any property owned by the bi-state development agency.
All notes, bonds or other instruments in writing issued by the bi-state
development agency as herein provided shall mature in not to exceed
thirty years from the date thereof, shall bear interest at a rate not
exceeding fourteen percent per annum, and shall be sold for not less than
ninety-five percent of the par value thereof. The bi-state development
agency shall have the power to prescribe the details of such notes, bonds
or other instruments in writing, and of the issuance and sale thereof,
and shall have power to enter into covenants with the holders of such
notes, bonds or other instruments in writing, not inconsistent with the
powers herein granted to the bi-state development agency, without further
legislative authority;

(7) To condemn any and all rights or property, of any kind or character,
necessary for the purposes of the bi-state development agency, subject,
however, to the provisions of the aforesaid compact; provided, however,
that no rights or property of any kind or character, now or hereafter
owned, leased, controlled, operated or used, in whole or in part, by any
common carrier engaged in interstate commerce or by any grain elevator,
shall be taken or appropriated by the bi-state development agency without
first obtaining the written consent and approval of such common carrier
or of the owner or operator of such grain elevator. If the property to be
condemned be situated in the state of Illinois, the said agency shall
follow the procedure of the act of the state of Illinois providing for
the exercise of the right of eminent domain, and if the property to be
condemned be situated in the state of Missouri, the said agency shall
follow the procedure provided by the laws of the state of Missouri for
the appropriation of land or other property taken for telegraph,
telephone or railroad rights-of-way;

(8) To contract and to be contracted with, and to sue and to be sued in
contract;

(9) To issue bonds for industrial, manufacturing or commercial facilities
located within the bi-state metropolitan district upon the security of
the revenue to be derived from such facilities; and, or upon any property
held or to be held by it. (L. 1958 2d Ex. Sess. p. 150 § 1, A.L. 1959
S.B. 25 § 1, A.L. 1977 S.B. 416, A.L. 1980 S.B. 589, A.L. 1981 S.B. 395)

(1970) Operation of public transportation system as a monopoly under
bi-state compact does not violate federal antitrust statutes. Ladue Local
Lines v. Bi-State Dev. Agency (CA Mo.), 433 F.2d 131.

All property, real and personal, owned or held by the bi-state
development agency, and all interest income derived from any notes, bonds
or other instruments in writing issued by the bi-state development
agency, shall possess the same status, with respect to taxation in the
state of Missouri, as is now or may hereafter be possessed by property,
real and personal, owned or held by cities within said state of Missouri,
and by the interest income derived from notes, bonds or other instruments
in writing issued by such cities. (L. 1958 2d Ex. Sess. p. 150 § 2, A.L.
1959 S.B. 25 § 2)

Any notes, bonds or other instruments in writing issued by the
bi-state development agency pursuant to the provisions of the aforesaid
compact or pursuant to the provisions of sections 70.373 to 70.377 are
hereby recognized to be securities in which all state and municipal
officers and bodies, all banks, bankers, trust companies, savings banks,
savings associations, building and loan associations, investment
companies, and all other persons carrying on a banking business, all
insurance companies, insurance associations, and other persons carrying
on an insurance business, and all administrators, executors, guardians,
trustees and other fiduciaries and all other persons whatsoever who are
now or who may hereafter be authorized to invest in bonds or other
obligations of the state of Missouri may properly and legally invest any
funds, including capital, belonging to them, or within their control; and
the said obligations are hereby recognized as securities which may
properly and legally be deposited with and shall be received by any state
or municipal officer or agency for any purpose for which the deposit of
bonds or other obligations of this state is now or may hereafter be
authorized. (L. 1958 2d Ex. Sess. p. 150 § 3)

1. The bi-state development agency shall have the power to employ
or appoint personnel to maintain safety and order and to enforce the
rules and regulations of the agency upon the public mass transportation
system, passenger transportation facilities, conveyances, and other
property that the agency may own, lease, or operate, except bi-state may
only employ peace officers through contracts with law enforcement
agencies within the bi-state service area. The board of commissioners of
the bi-state development agency shall determine the qualifications and
duties of such personnel, subject to the limitations set forth in this
section.

2. All persons designated under subsection 1 of this section by the
bi-state development agency to serve as personnel shall have the power to
give warnings or to issue citations for violations of the rules and
regulations of the agency and for any violation of section 70.441 (or a
similar section under Illinois law) to request identification from those
violators, and to remove those violators from the passenger
transportation facilities or other property owned, leased or operated by
the agency. All contracted personnel who are certified as peace officers
shall also have the power to detain and to make arrests for the purpose
of enforcing the rules and regulations of the agency and the provisions
of section 70.441 (or a similar section under Illinois law). The
personnel designated by the bi-state development agency under subsection
1 of this section are authorized to use only the equipment that is issued
by the agency, and only while in the performance of their duties or while
in direct transit to or from a duty assignment on the passenger
transportation facilities and conveyances owned, controlled, or operated
by the agency. No personnel shall be issued any weapons which can cause
bodily harm.

3. The jurisdiction of the personnel designated by the bi-state
development agency under subsection 1 of this section shall be limited to
passenger transportation facilities and conveyances (including bus stops)
owned, controlled, or operated by the agency, but this restriction shall
not limit the power of such persons to make arrests throughout the area
in which the agency operates any public mass transportation system for
violations committed upon or against those facilities from within or
outside those facilities while such personnel are in hot or close pursuit
of the violator. Nothing contained in this section shall either:

(1) Relieve either signatory state or any political subdivision or agency
of those states from its duty to provide police, fire, and other public
safety service and protection; or

(2) Limit, restrict or interfere with the jurisdiction of or the
performance of duties of existing police, fire, and other public safety
agencies.

4. A citation issued by personnel designated under subsection 1 of this
section shall be considered a release on the personal recognizance of the
violator, provided that the citation shall contain a time and date for
the appearance of the violator in circuit court to contest or admit the
charges. Any violator failing to appear in circuit court when required to
do so shall be subject to arrest upon order of the court. The circuit
court may establish a schedule for the amount of fines for violations of
section 70.441 (or a similar section under Illinois law). The court shall
allow for the payment of the fine and court costs by mail instead of a
court appearance for a violation in which the only penalty authorized by
this section or section 70.441 is a fine.

5. Those designated as personnel under subsection 1 of this section
shall, upon the apprehension or arrest of any person, either issue a
summons or citation against the person or deliver the person to the duly
constituted police or judicial officer of the signatory state or
political subdivision where the arrest is made, for disposition as
required by law.

6. The bi-state development agency shall provide for the training of
personnel designated under subsection 1 of this section by the agency,
and for this purpose the agency may enter into contracts or agreements
for security training. The training requirements for personnel of the
agency who are given the power of arrest shall be as provided by state
law and by regulation of the state agency or official designated by the
state to establish those regulations.

7. The bi-state development agency shall have the power to enter into
agreements with the signatory states, their political subdivisions, the
public safety agencies located in those states, and agencies of the
federal government for mutual assistance and for the delineation of the
functions and responsibilities between those designated as personnel
under subsection 1 of this section and the duly constituted police, fire
and other public safety agencies.

8. The bi-state development agency shall have the power to adopt rules
and regulations for the proper operation of its passenger transportation
facilities and conveyances and for the proper conduct by all persons
making use of its facilities and conveyances, including its parking lots
and all property used by the public. Notwithstanding the provisions of
article V of the compact creating the bi-state development agency, any
rules and regulations adopted under this subsection need not be concurred
in or specifically authorized by the legislatures of either state. In the
event that any such rules and regulations of the bi-state development
agency contravene the laws, rules or regulations of a signatory state or
its agency, the laws, rules and regulations of the signatory state or its
agency shall apply, and the conflicting portions of the rules or
regulations of the bi-state development agency shall be void within the
jurisdiction of that signatory state. In the event that any rules or
regulations of the bi-state development agency contravene the ordinances
of any political subdivisions of the signatory states, the conflicting
ordinances shall be void in or upon all agency passenger transportation
facilities and conveyances. The rules and regulations of the bi-state
development agency shall be uniform whenever possible throughout the area
in which any passenger transportation facility or conveyance of the
agency is located. The rules and regulations, and the amounts of fines
for their violation adopted by the bi-state development agency shall be
adopted by the agency's board of commissioners in accordance with all
standards of due process, including, but not limited to, the holding of
public hearings and subsequent publication of the agency rules and
regulations and the amounts of fines for their violation in a manner
designed to make them readily available to the public.

9. Unless a greater penalty is provided by the laws of the signatory
states, any violation of the rules and regulations of the agency shall
constitute an infraction for which the authorized punishment shall be a
fine of not less than twenty-five dollars and not greater than two
hundred fifty dollars, in addition to court costs.

10. The board of commissioners of the bi-state development agency shall
establish the amount of fines for each violation of the rules and
regulations of the agency within the limits of subsection 9 of this
section.

11. Judges and clerks of the circuit courts having jurisdiction in the
signatory states shall have the authority to impose, collect and enforce
penalties for, and for failure to pay fines for, violations of the rules
and regulations of the agency in the same manner as penalties are
imposed, collected and enforced in the respective signatory states. (L.
1993 S.B. 114)

Effective 5-26-93

The bi-state development agency shall set and attain goals for
the inclusion of fifteen percent minority business enterprises, as
defined in section 33.750, RSMo, and five percent women business
enterprises in all contracts for the operation of bus and rail services.
The attainment of such goals shall be based upon the availability of
minority-owned businesses operating within the urban area in Missouri
that perform the services for which such contract is to be awarded. This
section shall become null and void when the agency meets the goals for
two consecutive years. (L. 1994 S.B. 432 § 1)

Effective 5-4-94

Within ninety days after sections 70.380 to 70.440 become
effective the governor shall, by and with the advice and consent of the
senate, appoint five commissioners of the bi-state development agency
created by compact between the states of Missouri and Illinois. If the
senate is not in session at the time for making any appointment, the
governor shall make a temporary appointment as in case of a vacancy. All
commissioners so appointed shall be qualified voters of the state of
Missouri and shall reside within the bi-state development district
established by the compact. (L. 1949 p. 562 § 1)

1. Two of the five appointments made by the governor pursuant to
the provisions of section 70.380 shall be selected from a panel of three
nominees submitted by the mayor of St. Louis City. Two of the five
appointments made by the governor pursuant to the provisions of section
70.380 shall be selected from a panel of three nominees submitted by the
county executive of St. Louis County.

2. The fifth appointment made by the governor pursuant to section 70.380
shall be selected from a panel of three nominees submitted alternately by
the mayor of St. Louis City and the county executive of St. Louis County.
The next appointment following August 28, 1997, shall be to fill the
commissioner position described in this subsection and shall be made from
three nominees submitted by the county executive of St. Louis County. The
next appointment for the commissioner position described in this
subsection shall be made from three nominees submitted by the mayor of
St. Louis City whereupon the order of nomination and appointment for this
position will repeat itself.

3. The order of the appointments made pursuant to subsection 1 of this
section shall be as follows:

(1) One from the panel of nominees submitted by the mayor of St. Louis
city;

(2) One from the panel of nominees submitted by the county executive of
St. Louis County whereupon the order of such appointments shall repeat
itself.

4. Whenever the mayor or the county executive submits a panel of three
nominees, they shall adhere to the intent set forth in the provisions of
subsection 2 of section 213.020, RSMo. (L. 1980 S.B. 731 § 2, A.L. 1997
H.B. 831 merged with S.B. 303)

Of the commissioners first appointed one shall be appointed to
serve for a term of one year, one for two years, one for three years, one
for four years and one for five years. At the expiration of the term of
each commissioner and of each succeeding commissioner, the governor
shall, by and with the advice and consent of the senate, appoint a
successor who shall hold office for a term of five years if such
successor is appointed to fill a commissioner position described in
subsection 1 of this section. If a commissioner is appointed to fill the
commissioner position described in subsection 2 of this section, then
such commissioner shall hold office for a term of three years. Each
commissioner shall hold office until his or her successor has been
appointed and qualified. (L. 1949 p. 562 § 2, A.L. 1997 H.B. 831 merged
with S.B. 303)

Vacancies occurring in the office of any commissioner shall be
filled by appointment by the governor, by and with the advice and consent
of the senate, for the unexpired term. In any case of vacancy, while the
senate is not in session, the governor shall make a temporary appointment
until the next meeting of the senate, when he shall nominate some person
to fill such office. (L. 1949 p. 562 § 3)

The commissioners shall serve without compensation but shall be
entitled to be reimbursed for the necessary expenses incurred in the
performance of their duties. (L. 1949 p. 562 § 4)

The commissioners shall have the powers and duties and be subject
to the limitations provided for in the compact entered into between the
two states, and together with five commissioners from the state of
Illinois shall form the "Bi-State Development Agency". (L. 1949 p. 562 §
5)

The commissioners of the bi-state development agency may
participate in a committee or board meeting by means of conference
telephone or other communication equipment whereby all persons attending
the meeting, including the general public, can hear and communicate when
appropriate. Participation in a committee or board meeting in this manner
shall constitute presence in person at the meeting. The committee or
board meetings referenced herein shall be considered public meetings
subject to chapter 610, RSMo, and shall be reasonably accessible to the
public. (L. 1996 H.B. 876 § 2)

Notwithstanding the provisions of sections 307.080 to 307.105,
RSMo, to the contrary, the bi-state development agency may purchase, own
or use buses which have a lighting scheme on the front of such buses
containing greater than three lights, having various-colored alternately
flashing marker lights, or having more than four auxiliary lights lighted
at any one time, even if such lights project a beam of intensity greater
than three hundred candlepower. (L. 1989 H.B. 678)

Nothing in sections 70.378 and 70.441 shall be construed to limit
any collective bargaining agreement between the bi-state development
agency and its employees. (L. 1993 S.B. 114 § 1)

Effective 5-26-93

All interstate and intrastate United States Department of
Transportation safety rules and regulations shall apply to all operations
of the bi-state development transit system. On May 26, 1993, the agency
shall not be eligible to receive state funds unless it adopts a policy to
comply with this requirement. (L. 1993 S.B. 114 § 2)

Effective 5-26-93

1. As used in this section, the following terms have the
following meanings:

(1) "Agency", the bi-state development agency created by compact under
section 70.370;

(2) "Conveyance" includes bus, paratransit vehicle, rapid transit car or
train, locomotive, or other vehicle used or held for use by the agency as
a means of transportation of passengers;

(3) "Facilities" includes all property and equipment, including, without
limitation, rights-of-way and related trackage, rails, signals, power,
fuel, communication and ventilation systems, power plants, stations,
terminals, signage, storage yards, depots, repair and maintenance shops,
yards, offices, parking lots and other real estate or personal property
used or held for or incidental to the operation, rehabilitation or
improvement of any public mass transportation system of the agency;

(4) "Person", any individual, firm, copartnership, corporation,
association or company; and

(5) "Sound production device" includes, but is not limited to, any radio
receiver, phonograph, television receiver, musical instrument, tape
recorder, cassette player, speaker device and any sound amplifier.

2. In interpreting or applying this section, the following provisions
shall apply:

(1) Any act otherwise prohibited by this section is lawful if
specifically authorized by agreement, permit, license or other writing
duly signed by an authorized officer of the agency or if performed by an
officer, employee or designated agent of the agency acting within the
scope of his or her employment or agency;

(2) Rules shall apply with equal force to any person assisting, aiding or
abetting another, including a minor, in any of the acts prohibited by the
rules or assisting, aiding or abetting another in the avoidance of any of
the requirements of the rules; and

(3) The singular shall mean and include the plural; the masculine gender
shall mean the feminine and the neuter genders; and vice versa.

3. (1) No person shall use or enter upon the light rail conveyances of
the agency without payment of the fare or other lawful charges
established by the agency. Any person on any such conveyance must have
properly validated fare media in his possession. This ticket must be
valid to or from the station the passenger is using, and must have been
used for entry for the trip then being taken;

(2) No person shall use any token, pass, badge, ticket, document,
transfer, card or fare media to gain entry to the facilities or
conveyances of, or make use of the services of, the agency, except as
provided, authorized or sold by the agency and in accordance with any
restriction on the use thereof imposed by the agency;

(3) No person shall enter upon parking lots designated by the agency as
requiring payment to enter, either by electronic gate or parking meters,
where the cost of such parking fee is visibly displayed at each location,
without payment of such fees or other lawful charges established by the
agency;

(4) Except for employees of the agency acting within the scope of their
employment, no person shall sell, provide, copy, reproduce or produce, or
create any version of any token, pass, badge, ticket, document, transfer,
card or any other fare media or otherwise authorize access to or use of
the facilities, conveyances or services of the agency without the written
permission of an authorized representative of the agency;

(5) No person shall put or attempt to put any paper, article, instrument
or item, other than a token, ticket, badge, coin, fare card, pass,
transfer or other access authorization or other fare media issued by the
agency and valid for the place, time and manner in which used, into any
fare box, pass reader, ticket vending machine, parking meter, parking
gate or other fare collection instrument, receptacle, device, machine or
location;

(6) Tokens, tickets, fare cards, badges, passes, transfers or other fare
media that have been forged, counterfeited, imitated, altered or
improperly transferred or that have been used in a manner inconsistent
with this section shall be confiscated;

(7) No person may perform any act which would interfere with the
provision of transit service or obstruct the flow of traffic on
facilities or conveyances or which would in any way interfere or tend to
interfere with the safe and efficient operation of the facilities or
conveyances of the agency;

(8) All persons on or in any facility or conveyance of the agency shall:

(a) Comply with all lawful orders and directives of any agency employee
acting within the scope of his employment;

(b) Obey any instructions on notices or signs duly posted on any agency
facility or conveyance; and

(c) Provide accurate, complete and true information or documents
requested by agency personnel acting within the scope of their employment
and otherwise in accordance with law;

(9) No person shall falsely represent himself or herself as an agent,
employee or representative of the agency;

(10) No person on or in any facility or conveyance shall:

(a) Litter, dump garbage, liquids or other matter, or create a nuisance,
hazard or unsanitary condition, including, but not limited to, spitting
and urinating, except in facilities provided;

(b) Drink any alcoholic beverage or possess any opened or unsealed
container of alcoholic beverage, except on premises duly licensed for the
sale of alcoholic beverages, such as bars and restaurants;

(c) Enter or remain in any facility or conveyance while his ability to
function safely in the environment of the agency transit system is
impaired by the consumption of alcohol or by the taking of any drug;

(d) Loiter or stay on any facility of the agency;

(e) Consume foods or liquids of any kind, except in those areas
specifically authorized by the agency;

(f) Smoke or carry an open flame or lighted match, cigar, cigarette, pipe
or torch, except in those areas or locations specifically authorized by
the agency; or

(g) Throw or cause to be propelled any stone, projectile or other article
at, from, upon or in a facility or conveyance;

(11) No weapon or other instrument intended for use as a weapon may be
carried in or on any facility or conveyance, except for law enforcement
personnel. For the purposes hereof, a weapon shall include, but not be
limited to, a firearm, switchblade knife, sword, or any instrument of any
kind known as blackjack, billy club, club, sandbag, metal knuckles,
leather bands studded with metal, wood impregnated with metal filings or
razor blades; except that this subdivision shall not apply to a rifle or
shotgun which is unloaded and carried in any enclosed case, box or other
container which completely conceals the item from view and identification
as a weapon;

(12) No explosives, flammable liquids, acids, fireworks or other highly
combustible materials or radioactive materials may be carried on or in
any facility or conveyance, except as authorized by the agency;

(13) No person, except as specifically authorized by the agency, shall
enter or attempt to enter into any area not open to the public,
including, but not limited to, motorman's cabs, conductor's cabs, bus
operator's seat location, closed-off areas, mechanical or equipment
rooms, concession stands, storage areas, interior rooms, tracks,
roadbeds, tunnels, plants, shops, barns, train yards, garages, depots or
any area marked with a sign restricting access or indicating a dangerous
environment;

(14) No person may ride on the roof, the platform between rapid transit
cars, or on any other area outside any rapid transit car or bus or other
conveyance operated by the agency;

(15) No person shall extend his hand, arm, leg, head or other part of his
or her person or extend any item, article or other substance outside of
the window or door of a moving rapid transit car, bus or other conveyance
operated by the agency;

(16) No person shall enter or leave a rapid transit car, bus or other
conveyance operated by the agency except through the entrances and exits
provided for that purpose;

(17) No animals may be taken on or into any conveyance or facility except
the following:

(a) An animal enclosed in a container, accompanied by the passenger and
carried in a manner which does not annoy other passengers; and

(b) Working dogs for law enforcement agencies, agency dogs on duty, dogs
properly harnessed and accompanying blind or hearing-impaired persons to
aid such persons, or dogs accompanying trainers carrying a certificate of
identification issued by a dog school;

(18) No vehicle shall be operated carelessly, or negligently, or in
disregard of the rights or safety of others or without due caution and
circumspection, or at a speed in such a manner as to be likely to
endanger persons or property on facilities of the agency. The speed limit
on parking lots and access roads shall be posted as fifteen miles per
hour unless otherwise designated.

4. (1) Unless a greater penalty is otherwise provided by the laws of the
state, any violation of this section shall constitute a misdemeanor, and
any person committing a violation thereof shall be subject to arrest and,
upon conviction in a court of competent jurisdiction, shall pay a fine in
an amount not less than twenty-five dollars and no greater than two
hundred fifty dollars per violation, in addition to court costs. Any
default in the payment of a fine imposed pursuant to this section without
good cause shall result in imprisonment for not more than thirty days;

(2) Unless a greater penalty is provided by the laws of the state, any
person convicted a second or subsequent time for the same offense under
this section shall be guilty of a misdemeanor and sentenced to pay a fine
of not less than fifty dollars nor more than five hundred dollars in
addition to court costs, or to undergo imprisonment for up to sixty days,
or both such fine and imprisonment;

(3) Any person failing to pay the proper fare, fee or other charge for
use of the facilities and conveyances of the agency shall be subject to
payment of such charge as part of the judgment against the violator. All
proceeds from judgments for unpaid fares or charges shall be directed to
the appropriate agency official;

(4) All juvenile offenders violating the provisions of this section shall
be subject to the jurisdiction of the juvenile court as provided in
chapter 211, RSMo;

(5) As used in this section, the term "conviction" shall include all
pleas of guilty and findings of guilt.

5. (1) Stalled or disabled vehicles may be removed from the roadways of
the agency property by the agency and parked or stored elsewhere at the
risk and expense of the owner;

(2) Motor vehicles which are left unattended or abandoned on the property
of the agency for a period of over seventy-two hours may be removed as
provided for in section 304.155, RSMo, except that the removal may be
authorized by personnel designated by the agency under section 70.378.
(L. 1993 S.B. 114 § 70.450)

Effective 5-26-93

The Kansas and Missouri metropolitan culture district compact is
hereby enacted into law and entered into by the state of Missouri with
the state of Kansas legally joining therein, in the form substantially as
follows:

KANSAS AND MISSOURI

METROPOLITAN

CULTURE DISTRICT COMPACT

ARTICLE I. AGREEMENT AND PLEDGE

The states of Kansas and Missouri agree to and pledge, each to the other,
faithful cooperation in the future planning and development of the
metropolitan culture district, holding in high trust for the benefit of
its people and of the nation, the special blessings and natural
advantages thereof.

ARTICLE II. POLICY AND PURPOSE

The party states, desiring by common action to fully utilize and improve
their cultural facilities, coordinate the services of their cultural
organizations, enhance the cultural activities of their citizens, and
achieve solid financial support for such cultural facilities,
organizations and activities, declare that it is the policy of each state
to realize such desires on a basis of cooperation with one another,
thereby serving the best interests of their citizenry and effecting
economies in capital expenditures and operational costs. The purpose of
this compact is to provide for the creation of a metropolitan culture
district as the means to implementation of the policy herein declared
with the most beneficial and economical use of human and material
resources.

ARTICLE III. DEFINITIONS

As used in this compact, unless the context clearly requires otherwise:

(a) "Metropolitan culture district" means a political subdivision of the
states of Kansas and Missouri which is created under and pursuant to the
provisions of this compact and which is composed of the counties in the
states of Kansas and Missouri which act to create or to become a part of
the district in accordance with the provisions of Article IV.

(b) "Commission" means the governing body of the metropolitan culture
district.

(c) "Cultural activities" means sports or activities which contribute to
or enhance the aesthetic, artistic, historical, intellectual or social
development or appreciation of members of the general public.

(d) "Cultural organizations" means nonprofit and tax exempt social, civic
or community organizations and associations which are dedicated to the
development, provision, operation, supervision, promotion or support of
cultural activities in which members of the general public may engage or
participate.

(e) "Cultural facilities" means facilities operated or used for sports or
participation or engagement in cultural activities by members of the
general public.

ARTICLE IV. THE DISTRICT

(a) The counties in Kansas and Missouri eligible to create and initially
compose the metropolitan culture district shall be those counties which
meet one or more of the following criteria:

(1) The county has a population in excess of 300,000, and is adjacent to
the state line;

(2) The county contains a part of a city with a population according to
the most recent federal census of at least 400,000; or

(3) The county is contiguous to any county described in provision (1) or
(2) of this subpart (a). The counties of Johnson in Kansas and Jackson in
Missouri shall be sine qua non to the creation and initial composition of
the district. Additional counties in Kansas and Missouri shall be
eligible to become a part of the metropolitan culture district if such
counties are contiguous to any one or more of the counties which compose
the district and within 60 miles of the counties that are required by
this article to establish the district;

(b) (1) Whenever the governing body of any county which is eligible to
create or become a part of the metropolitan culture district shall
determine that creation of or participation in the district is in the
best interests of the citizens of the county and that the levy of a tax
to provide on a cooperative basis with another county or other counties
for financial support of the district would be economically practical and
cost beneficial to the citizens of the county, the governing body may
adopt by majority vote a resolution authorizing the same.

(2) Wherever a petition, signed by not less than the number of qualified
electors of an eligible county equal to 5% of the number of ballots cast
and counted at the last preceding gubernatorial election held in the
county and requesting adoption of a resolution authorizing creation of or
participation in the metropolitan culture district and the levy of a tax
for the purpose of contributing to the financial support of the district,
is filed with the governing body of the county, the governing body shall
adopt such a resolution.

(3) Implementation of a resolution adopted under this subpart (b) shall
be conditioned upon approval of the resolution by a majority of the
qualified electors of the county voting at an election conducted for such
purpose.

(c) (1) Upon adoption of a resolution pursuant to subpart (b)(1) or
subpart (b)(2), the governing body of the county shall request, within 36
months after adoption of the resolution, the county election officer to
submit to the qualified electors of the county the question of whether
the governing body shall be authorized to implement the resolution. The
resolution shall be printed on the ballot and in the notice of election.
The question shall be submitted to the electors of the county at the
primary or general election next following the date of the request filed
with the county election officer. If a majority of the qualified electors
are opposed to implementation of the resolution authorizing creation of,
or participation in, the district and the levy of a tax for financial
support thereof, the same shall not be implemented. The governing body of
the county may renew procedures for authorization to create or become a
part of the district and to levy a tax for financial support thereof at
any time following rejection of the question.

(2) The ballot for the proposition in any county shall be in
substantially the following form:

Shall a retail sales tax of . . . . . . . . . . . . (insert amount, not
to exceed 1/4 cent) be levied and collected in Kansas and Missouri
metropolitan culture district consisting of the county(ies) of . . . . .
. . . . . . . . . . (insert name of counties) for the support of cultural
facilities and organizations within the district?

[ ] YES [ ] NO

The governing body of the county may place additional language on the
ballot to describe the use or allocation of the funds.

(d) (1) The metropolitan culture district shall be created when
implementation of a resolution authorizing the creation of the district
and the levy of a tax for contribution to the financial support thereof
is approved by respective majorities of the qualified electors of at
least Johnson County, Kansas, and Jackson County, Missouri.

(2) When implementation of a resolution authorizing participation in the
metropolitan culture district and the levy of a tax for contribution to
the financial support thereof is approved by a majority of the qualified
electors of any county eligible to become a part of the district, the
governing body of the county shall proceed with the performance of all
things necessary and incidental to participation in the district.

(3) Any question for the levy of a tax submitted after July 1, 2000, may
be submitted to the electors of the county at the primary or general
election next following the date of the request filed with the county
election officer; at a special election called and held as otherwise
provided by law; at an election called and held on the first Tuesday
after the first Monday in February, except in presidential election
years; at an election called and held on the first Tuesday after the
first Monday in March, June, August or November; or at an election called
and held on the first Tuesday in April, except that no question for a tax
levy may be submitted to the electors prior to January 1, 2002.

(4) No question shall be submitted to the electors authorizing the levy
of a tax the proceeds of which will be exclusively dedicated to sports or
sports facilities.

(e) Any of the counties composing the metropolitan culture district may
withdraw from the district by adoption of a resolution and approval of
the resolution by a majority of the qualified electors of the county, all
in the same manner provided in this Article IV for creating or becoming a
part of the metropolitan culture district. The governing body of a
withdrawing county shall provide for the sending of formal written notice
of withdrawal from the district to the governing body of the other county
or each of the other counties comprising the district. Actual withdrawal
shall not take effect until 90 days after notice has been sent. A
withdrawing county shall not be relieved from any obligation which such
county may have assumed or incurred by reason of being a part of the
district, including, but not limited to, the retirement of any
outstanding bonded indebtedness of the district.

ARTICLE V. THE COMMISSION

(a) The metropolitan culture district shall be governed by the
metropolitan culture commission which shall be a body corporate and
politic and which shall be composed of resident electors of the states of
Kansas and Missouri, respectively, as follows:

(1) A member of the governing body of each county which is a part of the
district, who shall be appointed by majority vote of such governing body;

(2) A member of the governing body of each city, with a population
according to the most recent federal census of at least 50,000, located
in whole or in part within each county which is a part of the district,
who shall be appointed by majority vote of such governing body;

(3) Two members of the governing body of a county with a consolidated or
unified county government and city of the first class which is a part of
the district, who shall be appointed by majority vote of such governing
body;

(4) A member of the arts commission of Kansas or the Kansas commission
for the humanities, who shall be appointed by the governor of Kansas; and

(5) A member of the arts commission of Missouri or the Missouri
humanities council, who shall be appointed by the governor of Missouri.
To the extent possible, the gubernatorial appointees to the commission
shall be residents of the district. The term of each commissioner
initially appointed by a county governing body shall expire concurrently
with such commissioner's tenure as a county officer or three years after
the date of appointment as a commissioner, whichever occurs sooner. The
term of each commissioner succeeding a commissioner initially appointed
by a county governing body shall expire concurrently with such successor
commissioner's tenure as a county officer or four years after the date of
appointment as a commissioner, whichever occurs sooner. The term of each
commissioner initially appointed by a city governing body shall expire
concurrently with such commissioner's tenure as a city officer or two
years after the date of appointment as a commissioner, whichever occurs
sooner. The term of each commissioner succeeding a commissioner initially
appointed by a city governing body shall expire concurrently with such
successor commissioner's tenure as a city officer or four years after the
date of appointment as a commissioner, whichever occurs sooner. The term
of each commissioner appointed by the governor of Kansas or the governor
of Missouri shall expire concurrently with the term of the appointing
governor, the commissioner's tenure as a state officer, or four years
after the date of appointment as a commissioner of the district,
whichever occurs sooner. Any vacancy occurring in a commissioner position
for reasons other than expiration of terms of office shall be filled for
the unexpired term by appointment in the same manner that the original
appointment was made. Any commissioner may be removed for cause by the
appointing authority of the commissioner.

(b) The commission shall select annually, from its membership, a
chairperson, a vice chairperson, and a treasurer. The treasurer shall be
bonded in such amounts as the commission may require.

(c) The commission may appoint such officers, agents and employees as it
may require for the performance of its duties, and shall determine the
qualifications and duties and fix the compensation of such officers,
agents and employees.

(d) The commission shall fix the time and place at which its meetings
shall be held. Meetings shall be held within the district and shall be
open to the public. Public notice shall be given of all meetings.

(e) A majority of the commissioners from each state shall constitute, in
the aggregate, a quorum for the transaction of business. No action of the
commission shall be binding unless taken at a meeting at which at least a
quorum is present, and unless a majority of the commissioners from each
state, present at such meeting, shall vote in favor thereof. No action of
the commission taken at a meeting thereof shall be binding unless the
subject of such action is included in a written agenda for such meeting,
the agenda and notice of meeting having been mailed to each commissioner
by postage-paid first class mail at least 14 calendar days prior to the
meeting.

(f) The commissioners from each state shall be subject to the provisions
of the laws of the states of Kansas and Missouri, respectively, which
relate to conflicts of interest of public officers and employees. If any
commissioner has a direct or indirect financial interest in any cultural
facility, organization or activity supported by the district or
commission or in any other business transaction of the district or
commission, the commissioner shall disclose such interest in writing to
the other commissioners and shall abstain from voting on any matter
relating to such facility, organization or activity or to such business
transaction.

(g) If any action at law or equity, or other legal proceeding, shall be
brought against any commissioner for any act or omission arising out of
the performance of duties as a commissioner, the commissioner shall be
indemnified in whole and held harmless by the commission for any judgment
or decree entered against the commissioner and, further, shall be
defended at the cost and expense of the commission in any such proceeding.

ARTICLE VI. POWERS AND DUTIES OF THE COMMISSION

(a) The commission shall adopt a seal and suitable bylaws governing its
management and procedure.

(b) The commission has the power to contract and to be contracted with,
and to sue and to be sued.

(c) The commission may receive for any of its purposes and functions any
contributions or moneys appropriated by counties or cities and may
solicit and receive any and all donations, and grants of money,
equipment, supplies, materials and services from any state or the United
States or any agency thereof, or from any institution, foundation,
organization, person, firm or corporation, and may utilize and dispose of
the same.

(d) Upon receipt of recommendations from the advisory committee provided
in subsection (g), the commission may provide donations, contributions
and grants or other support, financial or otherwise, for or in aid of
cultural organizations, facilities or activities in counties which are
part of the district. In determining whether to provide any such support
the commission shall consider the following factors:

(1) economic impact upon the district;

(2) cultural benefit to citizens of the district and to the general
public;

(3) contribution to the quality of life and popular image of the district;

(4) contribution to the geographical balance of cultural facilities and
activities within and outside the district;

(5) the breadth of popular appeal within and outside the district;

(6) the needs of the community as identified in an objective cultural
needs assessment study of the metropolitan area; and

(7) any other factor deemed appropriate by the commission.

(e) The commission may own and acquire by gift, purchase, lease or devise
cultural facilities within the territory of the district. The commission
may plan, construct, operate and maintain and contract for the operation
and maintenance of cultural facilities within the territory of the
district. The commission may sell, lease, or otherwise dispose of
cultural facilities within the territory of the district.

(f) At any time following five years from and after the creation of the
metropolitan cultural district as provided in paragraph (1) of subsection
(d) of article IV, the commission may borrow moneys for the planning,
construction, equipping, operation, maintenance, repair, extension,
expansion, or improvement of any cultural facility and, in that regard,
the commission at such time may:

(1) issue notes, bonds or other instruments in writing of the commission
in evidence of the sum or sums to be borrowed. No notes, bonds or other
instruments in writing shall be issued pursuant to this subsection until
the issuance of such notes, bonds or instruments has been submitted to
and approved by a majority of the qualified electors of the district
voting at an election called and held thereon. Such election shall be
called and held in the manner provided by law;

(2) issue refunding notes, bonds or other instruments in writing for the
purpose of refunding, extending or unifying the whole or any part of its
outstanding indebtedness from time to time, whether evidenced by notes,
bonds or other instruments in writing. Such refunding notes, bonds or
other instruments in writing shall not exceed in amount the principal of
the outstanding indebtedness to be refunded and the accrued interest
thereon to the date of such refunding;

(3) provide that all notes, bonds and other instruments in writing issued
hereunder shall or may be payable, both as to principal and interest,
from sales tax revenues authorized under this compact and disbursed to
the district by counties comprising the district, admissions and other
revenues collected from the use of any cultural facility or facilities
constructed hereunder, or from any other resources of the commission, and
further may be secured by a mortgage or deed of trust upon any property
interest of the commission; and

(4) prescribe the details of all notes, bonds or other instruments in
writing, and of the issuance and sale thereof. The commission shall have
the power to enter into covenants with the holders of such notes, bonds
or other instruments in writing, not inconsistent with the powers granted
herein, without further legislative authority.

(g) The commission shall appoint an advisory committee composed of
members of the general public consisting of an equal number of persons
from both the states of Kansas and Missouri who have demonstrated
interest, expertise, knowledge or experience in cultural organizations or
activities. The advisory committee shall make recommendations annually to
the commission regarding donations, contributions and grants or other
support, financial or otherwise, for or in aid of cultural organizations,
facilities and activities in counties which are part of the district.

(h) The commission may provide for actual and necessary expenses of
commissioners and advisory committee members incurred in the performance
of their official duties.

(i) The commission shall cause to be prepared annually a report on the
operations and transactions conducted by the commission during the
preceding year. The report shall be submitted to the legislatures and
governors of the compacting states, to the governing bodies of the
counties comprising the district, and to the governing body of each city
that appoints a commissioner. The commission shall publish the annual
report in the official county newspaper of each of the counties
comprising the district.

(j) The commission has the power to apply to the Congress of the United
States for its consent and approval of the compact. In the absence of the
consent of Congress and until consent is secured, the compact is binding
upon the states of Kansas and Missouri in all respects permitted by law
for the two states, without the consent of Congress, for the purposes
enumerated and in the manner provided in the compact.

(k) The commission has the power to perform all other necessary and
incidental functions and duties and to exercise all other necessary and
appropriate powers not inconsistent with the constitution or laws of the
United States or of either of the states of Kansas or Missouri to
effectuate the same.

ARTICLE VII. FINANCE

(a) The moneys necessary to finance the operation of the metropolitan
culture district and the execution of the powers, duties and
responsibilities of the commission shall be appropriated to the
commission by the counties comprising the district. The moneys to be
appropriated to the commission shall be raised by the governing bodies of
the respective counties by the levy of taxes as authorized by the
legislatures of the respective party states.

(b) The commission shall not incur any indebtedness or obligation of any
kind; nor shall the commission pledge the credit of either or any of the
counties comprising the district or either of the states party to this
compact, except as authorized in article VI. The budget of the district
shall be prepared, adopted and published as provided by law for other
political subdivisions of the party states. No budget shall be adopted by
the commission until it has been submitted to and reviewed by the
governing bodies of the counties comprising the district and the
governing body of each city represented on the commission.

(c) The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become a part of the annual
report of the commission.

(d) The accounts of the commission shall be open at any reasonable time
for inspection by duly authorized representatives of the compacting
states, the counties comprising the district, the cities that appoint a
commissioner, and other persons authorized by the commission.

ARTICLE VIII. ENTRY INTO FORCE

(a) This compact shall enter into force and become effective and binding
upon the states of Kansas and Missouri when it has been entered into law
by the legislatures of the respective states.

(b) Amendments to the compact shall become effective upon enactment by
the legislatures of the respective states.

ARTICLE IX. TERMINATION

This compact shall continue in force and remain binding upon a party
state until its legislature shall have enacted a statute repealing the
same and providing for the sending of formal written notice of enactment
of such statute to the legislature of the other party state. Upon
enactment of such a statute by the legislature of either party state, the
sending of notice thereof to the other party state, and payment of any
obligations which the metropolitan culture district commission may have
incurred prior to the effective date of such statute, including, but not
limited to, the retirement of any outstanding bonded indebtedness of the
district, the agreement of the party states embodied in the compact shall
be deemed fully executed, the compact shall be null and void and of no
further force or effect, the metropolitan culture district shall be
dissolved, and the metropolitan culture district commission shall be
abolished.

ARTICLE X. CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of this compact
is declared to be contrary to the constitution of either of the party
states or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of either of
the states party thereto, the compact shall thereby be nullified and
voided and of no further force or effect.

(a) The board of county commissioners of any county which has been
authorized by a majority of the electors of the county to create or to
become a part of the metropolitan culture district and to levy and
collect a tax for the purpose of contributing to the financial support of
the district shall adopt a resolution imposing a countywide retailers'
sales tax and pledging the revenues received therefrom for such purpose.
The rate of such tax shall be fixed in an amount of not more than .25%.
Any county levying a retailers' sales tax under authority of this section
is hereby prohibited from administering or collecting such tax locally,
but shall utilize the services of the state department of revenue to
administer, enforce and collect such tax. The sales tax shall be
administered, enforced and collected in the same manner and by the same
procedure as other countywide retailers' sales taxes are levied and
collected and shall be in addition to any other sales tax authorized by
law. Upon receipt of a certified copy of a resolution authorizing the
levy of a countywide retailers' sales tax pursuant to this section, the
state director of taxation shall cause such tax to be collected within
and outside the boundaries of such county at the same time and in the
same manner provided for the collection of the state retailers' sales
tax. All moneys collected by the director of taxation under the
provisions of this section shall be credited to the metropolitan culture
district retailers' sales tax fund which fund is hereby established in
the state treasury. Any refund due on any countywide retailers' sales tax
collected pursuant to this section shall be paid out of the sales tax
refund fund and reimbursed by the director of taxation from retailers'
sales tax revenue collected pursuant to this section. All countywide
retailers' sales tax revenue collected within any county pursuant to this
section shall be remitted at least quarterly by the state treasurer, on
instruction from the director of taxation, to the treasurer of such
county.

(b) All revenue received by any county treasurer from a countywide
retailers' sales tax imposed pursuant to this section shall be
appropriated by the county to the metropolitan culture district
commission within 60 days of receipt of the funds by the county for
expenditure by the commission pursuant to and in accordance with the
provisions of the Kansas and Missouri metropolitan culture district
compact. If any such revenue remains upon nullification and voidance of
the Kansas and Missouri metropolitan culture district compact, the county
treasurer shall deposit such revenue to the credit of the general fund of
the county.

(c) Any countywide retailers' sales tax imposed pursuant to this section
shall expire upon the date of actual withdrawal of the county from the
metropolitan culture district or at any time the Kansas and Missouri
metropolitan culture district compact becomes null and void and of no
further force or effect. If any moneys remain in the metropolitan culture
district retailers' sales tax fund upon nullification and voidance of the
Kansas and Missouri metropolitan culture district compact, the state
treasurer shall transfer such moneys to the county and city retailers'
sales tax fund to be apportioned and remitted at the same time and in the
same manner as other countywide retailers' sales tax revenues are
apportioned and remitted. (L. 1993 H.B. 759 & 772 § 1, A.L. 1994 S.B.
428, A.L. 1995 S.B. 133, A.L. 1996 H.B. 1346 merged with S.B. 818, A.L.
2000 S.B. 719)

A metropolitan culture commission created pursuant to section
70.500 shall be considered to be a special district under the provisions
of sections 115.001 to 115.641, RSMo. (L. 1994 S.B. 428 § 1)

The provisions of sections 537.600 to 537.650, RSMo, shall apply
to the metropolitan culture district and to the Missouri members of the
metropolitan culture district commission established in section 70.500.
(L. 1993 H.B. 759 & 772 § 2)

Missouri members of the metropolitan culture district commission
appointed pursuant to section 70.500 shall be reimbursed for actual and
necessary expenses incurred in the performance of their official duties.
(L. 1993 H.B. 759 & 772 § 3)

1. The governing body of any county which has been authorized by
a majority of the electors of the county to create or to become a part of
the metropolitan culture district and to levy and collect a tax for the
purpose of contributing to the financial support of the district shall
adopt a resolution imposing a countywide sales tax and pledging the
revenues received therefrom for such purpose. The rate of such tax shall
be fixed at an amount of not more than one-fourth of one percent. Any
county levying a sales tax under the authority of this section is hereby
prohibited from administering or collecting such tax locally, but shall
utilize the services of the state department of revenue to administer,
enforce and collect such tax. The sales tax shall be administered,
enforced and collected in the same manner and by the same procedure as
other countywide sales taxes are levied and collected and shall be in
addition to any other sales tax authorized by law. Except as modified in
this section, all provisions of sections 32.085 and 32.087, RSMo, shall
apply to the tax imposed pursuant to this section. Upon receipt of a
certified copy of a resolution authorizing the levy of a countywide sales
tax pursuant to this section, the director of the department of revenue
shall cause such tax to be collected at the same time and in the same
manner provided for the collection of the state sales tax. All moneys
collected by the director of revenue pursuant to the provisions of this
section shall be credited to the "Metropolitan Culture District Sales Tax
Fund" which is hereby established in the state treasury. Any refund due
on any countywide sales tax collected pursuant to this section shall be
paid out of the sales tax refund fund and reimbursed by the director of
revenue from the sales tax revenue collected pursuant to this section.
All countywide sales tax revenue collected within any county pursuant to
this section shall be remitted at least quarterly by the director of
revenue to the treasurer of such county.

2. All revenue received by any county treasurer from a countywide sales
tax imposed pursuant to this section shall be appropriated by the county
to the metropolitan culture district commission within sixty days of
receipt of the funds by the county for expenditure by the commission
pursuant to, and in accordance with, the provisions of the Kansas and
Missouri metropolitan culture district compact, enacted in section
70.500. If any such revenue remains upon nullification and voidance of
the Kansas and Missouri metropolitan culture district compact, section
70.500, the director of revenue shall authorize the state treasurer to
remit the balance in the account to the county and close the account of
that county.

3. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, money in the metropolitan culture district sales tax fund shall
not be transferred and placed to the credit of general revenue at the end
of the biennium. (L. 1993 H.B. 759 & 772 § 4)

The provisions of sections 70.500 to 70.510 shall expire upon
nullification and voidance of the Kansas and Missouri metropolitan
culture district compact pursuant to either Article IX or article X of
the compact, enacted in section 70.500. (L. 1993 H.B. 759 & 772 § 5)

The following words and phrases as used in sections 70.600 to
70.755, unless a different meaning is plainly required by the context,
shall mean:

(1) "Accumulated contributions", the total of all amounts deducted from
the compensations of a member and standing to the member's credit in his
or her individual account in the members deposit fund, together with
investment credits thereon;

(2) "Actuarial equivalent", a benefit of equal reserve value;

(3) "Allowance", the total of the annuity and the pension. All allowances
shall be paid not later than the tenth day of each calendar month;

(4) "Annuity", a monthly amount derived from the accumulated
contributions of a member and payable by the system throughout the life
of a person or for a temporary period;

(5) "Beneficiary", any person who is receiving or designated to receive a
system benefit, except a retirant;

(6) "Benefit program", a schedule of benefits or benefit formulas from
which the amounts of system benefits can be determined;

(7) "Board of trustees" or "board", the board of trustees of the system;

(8) "Compensation", the remuneration paid an employee by a political
subdivision or by an elected fee official of the political subdivision
for personal services rendered by the employee for the political
subdivision or for the elected fee official in the employee's public
capacity; provided, that for an elected fee official, "compensation"
means that portion of his or her fees which is net after deduction of (a)
compensation paid by such elected fee official to his or her office
employees, if any, and (b) the ordinary and necessary expenses paid by
such elected fee official and attributable to the operation of his or her
office. In cases where an employee's compensation is not all paid in
money, the political subdivision shall fix the reasonable value of the
employee's compensation not paid in money. In determining compensation no
consideration shall be given to:

(a) Any nonrecurring single sum payment paid by an employer;

(b) Employer contributions to any employee benefit plan or trust;

(c) Any other unusual or nonrecurring remuneration; or

(d) Compensation in excess of the limitations set forth in Internal
Revenue Code Section 401(a)(17). The limitation on compensation for
eligible employees shall not be less than the amount which was allowed to
be taken into account under the system as in effect on July 1, 1993. For
purposes of this paragraph, an "eligible employee" is an individual who
was a member of the system before the first plan year beginning after
December 31, 1995;

(9) "Credited service", the total of a member's prior service and
membership service, to the extent such service is standing to the
member's credit as provided in sections 70.600 to 70.755;

(10) "Employee", any person regularly employed by a political subdivision
who receives compensation from the political subdivision for personal
services rendered the political subdivision, including any elected
official of the political subdivision whose position requires his or her
regular personal services and who is compensated wholly or in part on a
fee basis, and including the employees of such elected fee officials who
may be compensated by such elected fee officials. The term "employee" may
include any elected county official. The term "employee" shall not
include any person:

(a) Who is not an elected official of the political subdivision and who
is included as an active member in any other plan similar in purpose to
this system by reason of his or her employment with his or her political
subdivision, except the federal Social Security Old Age, Survivors, and
Disability Insurance Program, as amended; or

(b) Who acts for the political subdivision under contract; or

(c) Who is paid wholly on a fee basis, except elected officials and their
employees; or

(d) Who holds the position of mayor, presiding judge, president or
chairman of the political subdivision or is a member of the governing
body of the political subdivision; except that, such an official of a
political subdivision having ten or more other employees may become a
member if the official is covered under the federal Social Security Old
Age, Survivors, and Disability Insurance Program, as amended, by reason
of such official's employment with his or her political subdivision, by
filing written application for membership with the board after the date
the official qualifies for such position or within thirty days after the
date his or her political subdivision becomes an employer, whichever date
is later;

(11) "Employer", any political subdivision which has elected to have all
its eligible employees covered by the system;

(12) "Final average salary", the monthly average of the compensations
paid an employee during the period of sixty or, if an election has been
made in accordance with section 70.656, thirty-six consecutive months of
credited service producing the highest monthly average, which period is
contained within the period of one hundred twenty consecutive months of
credited service immediately preceding his or her termination of
membership. Should a member have less than sixty or, if an election has
been made in accordance with section 70.656, thirty-six months of
credited service, "final average salary" means the monthly average of
compensation paid the member during his or her total months of credited
service;

(13) "Fireman", any regular or permanent employee of the fire department
of a political subdivision, including a probationary fireman. The term
"fireman" shall not include:

(a) Any volunteer fireman; or

(b) Any civilian employee of a fire department; or

(c) Any person temporarily employed as a fireman for an emergency;

(14) "Member", any employee included in the membership of the system;

(15) "Membership service", employment as an employee with the political
subdivision from and after the date such political subdivision becomes an
employer, which employment is creditable as service hereunder;

(16) "Minimum service retirement age", age sixty for a member who is
neither a policeman nor a fireman; "minimum service retirement age", age
fifty-five for a member who is a policeman or a fireman;

(17) "Pension", a monthly amount derived from contributions of an
employer and payable by the system throughout the life of a person or for
a temporary period;

(18) "Policeman", any regular or permanent employee of the police
department of a political subdivision, including a probationary
policeman. The term "policeman" shall not include:

(a) Any civilian employee of a police department; or

(b) Any person temporarily employed as a policeman for an emergency;

(19) "Political subdivision", any governmental subdivision of this state
created pursuant to the laws of this state, and having the power to tax,
except public school districts; a board of utilities or a board of public
works which is required by charter or ordinance to establish the
compensation of employees of the utility separate from the compensation
of other employees of the city may be considered a political subdivision
for purposes of sections 70.600 to 70.755; a joint municipal utility
commission may be considered a political subdivision for purposes of
sections 70.600 to 70.755;

(20) "Prior service", employment as an employee with the political
subdivision prior to the date such political subdivision becomes an
employer, which employment is creditable as service hereunder;

(21) "Regular interest" or "investment credits", such reasonable rate or
rates per annum, compounded annually, as the board shall adopt annually;

(22) "Reserve", the present value of all payments to be made on account
of any system benefit based upon such tables of experience and regular
interest as the board shall adopt from time to time;

(23) "Retirant", a former member receiving a system allowance by reason
of having been a member;

(24) "Retirement system" or "system", the Missouri local government
employees' retirement system. (L. 1967 p. 141 § 1, A.L. 1971 H.B. 63,
A.L. 1978 H.B. 1634, A.L. 1980 S.B. 630, A.L. 1983 H.B. 341, A.L. 1984
H.B. 874, A.L. 1986 S.B. 420, A.L. 1987 S.B. 276, A.L. 1988 H.B. 1098,
A.L. 1989 S.B. 230, A.L. 1992 H.B. 1440, A.L. 1994 H.B. 1606, A.L. 1999
H.B. 464 merged with S.B. 410)

CROSS REFERENCE: County health center's insurance and retirement plans
for employees, the definition of political subdivision to apply, RSMo
205.115

1. For the purpose of providing for the retirement or pensioning
of the officers and employees and the widows and children of deceased
officers and employees of any political subdivision of the state, there
is hereby created and established a retirement system which shall be a
body corporate, which shall be under the management of a board of
trustees herein described, and shall be known as the "Missouri Local
Government Employees' Retirement System". Such system may sue and be
sued, transact business, invest funds, and hold cash, securities, and
other property. All suits or proceedings directly or indirectly against
the system shall be brought in Cole County. The system shall begin
operations on the first day of the calendar month next following sixty
days after the date the board of trustees has received certification from
ten political subdivisions that they have elected to become employers.

2. The general administration and the responsibility for the proper
operation of the system is vested in a board of trustees of seven
persons: three persons to be elected as trustees by the members of the
system; three persons to be elected trustees by the governing bodies of
employers; and one person, to be appointed by the governor, who is not a
member, retirant, or beneficiary of the system and who is not a member of
the governing body of any political subdivision.

3. Trustees shall be chosen for terms of four years from the first day of
January next following their election or appointment, except that of the
first board shall all be appointed by the governor by and with the
consent of the senate, as follows:

(1) Three persons who are officers or officials of political
subdivisions, one for a term of three years, one for a term of two years,
and one for a term of one year; and

(2) Three persons who are employees of political subdivisions and who
would, if the subdivision by which they are employed becomes an employer,
be eligible as members, one for a term of three years, one for a term of
two years, and one for a term of one year; and

(3) That person appointed by the governor under the provisions of
subsection 2 of this section.

All the members of the first board shall take office as soon as appointed
by the governor, but their terms shall be computed from the first day of
January next following their appointment, and only one member may be from
any political subdivision or be a policeman or fireman.

4. Successor trustees elected or appointed as member trustees shall be
members of the retirement system; provided, that not more than one member
trustee shall be employed by any one employer, and not more than one
member trustee shall be a policeman, and not more than one member trustee
shall be a fireman.

5. Successor trustees elected as employer trustees shall be elected or
appointed officials of employers and shall not be members of the
retirement system; provided, that not more than one employer trustee
shall be from any one employer.

6. An annual meeting of the retirement system shall be called by the
board in the last calendar quarter of each year in Jefferson City, or at
such place as the board shall determine, for the purpose of electing
trustees and to transact such other business as may be required for the
proper operation of the system. Notice of such meeting shall be sent by
registered mail to the clerk or secretary of each employer not less than
thirty days prior to the date of such meeting. The governing body of each
employer shall certify to the board the name of one delegate who shall be
an officer of the employer, and the members of the employer shall certify
to the board a member of the employer to represent such employer at such
meeting. The delegate certified as member delegate shall be elected by
secret ballot by the members of such employer, and the clerk or secretary
of each employer shall be charged with the duty of conducting such
election in a manner which will permit each member to vote in such
election. Under such rules and regulations as the board shall adopt,
approved by the delegates, the member delegates shall elect a member
trustee for each such position on the board to be filled, and the officer
delegates shall elect an employer trustee for each such position on the
board to be filled.

7. In the event any member trustee ceases to be a member of the
retirement system, or any employer trustee ceases to be an appointed or
elected official of an employer, or becomes a member of the retirement
system, or if the trustee appointed by the governor becomes a member of
the retirement system or an elected or appointed official of a political
subdivision, or if any trustee fails to attend three consecutive meetings
of the board, unless in each case excused for cause by the remaining
trustees attending such meeting or meetings, he or she shall be
considered as having resigned from the board and the board shall, by
resolution, declare his or her office of trustee vacated. If a vacancy
occurs in the office of trustee, the vacancy shall be filled for the
unexpired term in the same manner as the office was previously filled;
provided, however, that the remaining trustees may fill employer and
member trustee vacancies on the board until the next annual meeting.

8. Each trustee shall be commissioned by the governor, and before
entering upon the duties of his office, shall take and subscribe to an
oath or affirmation to support the Constitution of the United States, and
of the state of Missouri, and to demean himself faithfully in his or her
office. Such oath as subscribed to shall be filed in the office of the
secretary of state of this state.

9. Each trustee shall be entitled to one vote in the board of trustees.
Four votes shall be necessary for a decision by the trustees at any
meeting of the board of trustees. Four trustees, of whom at least two
shall be member trustees and at least two shall be employer trustees,
shall constitute a quorum at any meeting of the board. Unless otherwise
expressly provided herein, a meeting need not be called or held to make
any decision on a matter before the board. Each member must be sent by
the executive secretary a copy of the matter to be decided with full
information from the files of the board. The concurring decisions of four
trustees may decide the issue by signing a document declaring their
decision and sending the written instrument to the executive secretary,
provided that no other trustee shall send a dissenting decision to the
executive secretary within fifteen days after the document and
information was mailed to him or her. If any trustee is not in agreement
with the four trustees, the matter is to be passed on at a regular board
meeting or a special meeting called for that purpose. The board shall
hold regular meetings at least once each quarter, the dates of these
meetings to be designated in the rules and regulations adopted by the
board. Other meetings as deemed necessary may be called by the chairman
or by any four trustees acting jointly.

10. The board of trustees shall elect one of their number as chairman,
and one of their number as vice chairman, and shall employ an executive
secretary, not one of their number, who shall be the executive officer of
the board. Other employees of the board shall be chosen only upon the
recommendation of the executive secretary.

11. The board shall appoint an actuary or a firm of actuaries as
technical advisor to the board on matters regarding the operation of the
system on an actuarial basis. The actuary or actuaries shall perform such
duties as are required of him or her under sections 70.600 to 70.755, and
as are from time to time required by the board.

12. The board may appoint an attorney-at-law or firm of attorneys-at-law
to be the legal advisor of the board and to represent the board in all
legal proceedings.

13. The board may appoint an investment counselor to be the investment
advisor of the board.

14. The board shall from time to time, after receiving the advice of its
actuary, adopt such mortality and other tables of experience, and a rate
or rates of regular interest, as shall be necessary for the actuarial
requirements of the system, and shall require its executive secretary to
keep in convenient form such data as shall be necessary for actuarial
investigations of the experience of the system, and such data as shall be
necessary for the annual actuarial valuations of the system.

15. The board shall keep a record of its proceedings, which shall be open
to public inspection. It shall prepare annually and render to each
employer a report showing the financial condition of the system as of the
preceding June thirtieth. The report shall contain, but shall not be
limited to, a financial balance sheet; a statement of income and
disbursements; a detailed statement of investments acquired and disposed
of during the year, together with a detailed statement of the annual
rates of investment income from all assets and from each type of
investment; an actuarial balance sheet prepared by means of the last
valuation of the system, and such other data as the board shall deem
necessary or desirable for a proper understanding of the condition of the
system.

16. The board of trustees shall, after reasonable notice to all
interested parties, conduct administrative hearings to hear and decide
questions arising from the administration of sections 70.600 to 70.755;
except, that such hearings may be conducted by a hearing officer who
shall be appointed by the board. The hearing officer shall preside at the
hearing and hear all evidence and rule on the admissibility of evidence.
The hearing officer shall make recommended findings of fact and may make
recommended conclusions of law to the board. All final orders or
determinations or other final actions by the board shall be approved in
writing by at least four members of the board. Any board member approving
in writing any final order, determination or other final action, who did
not attend the hearing, shall do so only after certifying that he or she
reviewed all exhibits and read the entire transcript of the hearing.
Within thirty days after a decision or order or final action of the
board, any member, retirant, beneficiary or political subdivision
adversely affected by that determination or order or final action may
take an appeal under the provisions of chapter 536, RSMo. Jurisdiction
over any dispute regarding the interpretation of sections 70.600 to
70.755 and the determinations required thereunder shall lie in the
circuit court of Cole County.

17. The board shall arrange for adequate surety bonds covering the
executive secretary and any other custodian of the funds or investments
of the board. When approved by the board, said bonds shall be deposited
in the office of the secretary of state.

18. The board shall arrange for annual audits of the records and accounts
of the system by a certified public accountant or by a firm of certified
public accountants. The state auditor shall examine such audits at least
once every three years and report to the board and the governor.

19. The headquarters of the retirement system shall be in Jefferson City.

20. The board of trustees shall serve as trustees without compensation
for their services as such; except that each trustee shall be paid for
any necessary expenses incurred in attending meetings of the board or in
the performance of other duties authorized by the board.

21. Subject to the limitations of sections 70.600 to 70.755, the board
shall formulate and adopt rules and regulations for the government of its
own proceedings and for the administration of the retirement system. (L.
1967 p. 141 § 2, A.L. 1974 S.B. 421, A.L. 1992 H.B. 1440, A.L. 2000 H.B.
1808, A.L. 2003 H.B. 131)

Each political subdivision, by a majority vote of its governing
body, may elect to become an employer and cover its employees under the
system, as follows:

(1) The clerk or secretary of the political subdivision shall certify the
election to be an employer to the board within ten days after the vote of
the governing body. The effective date of the political subdivision's
coverage is the first day of the calendar month next following receipt by
the board of the election to be an employer, or the operative date of the
system, whichever is the later.

(2) An employer must cover all its employees who are neither policemen
nor firemen and may cover its policemen or firemen or both. (L. 1967 p.
141 § 3)

After October 13, 1967, a political subdivision shall not
commence coverage of its employees who are neither policemen nor firemen
under another plan similar in purpose to this system, other than under
this system, except the federal Social Security Old Age, Survivors, and
Disability Insurance Program, as amended; except that, any political
corporation or subdivision of this state, now having or which may
hereafter have an assessed valuation of one hundred million dollars or
more, which does not now have a pension system for its officers and
employees adopted pursuant to state law, may provide by proper
legislative action of its governing body for the pensioning of its
officers and employees and the widows and minor children of deceased
officers and employees under a plan separate and apart from that provided
in sections 70.600 to 70.670 and appropriate and utilize its revenues and
other available funds for such purposes, and except that the board of
hospital trustees of any hospital which is owned by any political
corporation or subdivision of this state, may provide for the pensioning
of its employees and the widows and minor children of deceased employees
under a plan separate and apart from that provided in sections 70.600 to
70.670, and utilize its revenues and other funds for such purposes. (L.
1967 p. 141 § 4, A.L. 1981 S.B. 4, A.L. 1988 H.B. 1098)

In the event an employer has in effect for all or part of its
employees a plan similar in purpose to this system, by agreement with the
board, after the board has received the advice of its technical advisors
concerning such agreement, that employer may provide for coverage under
this system of either some part or all of such employee's employment
previously covered or coverable by such other plan, provided such
coverage and resulting benefits hereunder do not duplicate any benefits
previously provided by such other plan. In providing for such coverage,
an employer and the board shall pursue uniform policies and shall not
discriminate in favor of or against any such employee or group of such
employees. (L. 1967 p. 141 § 5)

In the event an employer acquires employees as the result of
acquiring an enterprise from a private business which had an employee
retirement plan or from another political subdivision, by agreement with
the board after the board has received the advice of its technical
advisors concerning such agreement, such employer may provide for
coverage under this system of either some part or all of such employee's
employment with such private business or other political subdivision,
provided such coverage does not duplicate any coverage of a plan similar
in purpose to this system which such private business or other political
subdivision may have had in effect. In providing for such coverage, an
employer and the board shall pursue uniform policies and shall not
discriminate in favor of or against any such employee or group of such
employees. (L. 1967 p. 141 § 6)

1. The membership of the system shall include the following
persons:

(1) All employees who are neither policemen nor firemen who are in the
employ of a political subdivision the day preceding the date such
political subdivision becomes an employer and who continue in such employ
on and after such date shall become members of the system.

(2) All persons who become employed by a political subdivision as neither
policemen nor firemen on or after the date such political subdivision
becomes an employer shall become members of the system.

(3) If his employing political subdivision has elected to cover present
and future policemen, all policemen who are in the employ of a political
subdivision the day preceding the date such political subdivision covers
policemen hereunder and who continue in such employ as a policeman on and
after such date, and all persons who become employed by a political
subdivision as a policeman on or after the date the political subdivision
covers policemen shall become members of the system.

(4) If his employing political subdivision has elected to cover only
future policemen, all persons who become employed by a political
subdivision as a policeman on or after the date such political
subdivision covers policemen hereunder shall become members of the system.

(5) If his employing political subdivision has elected to cover present
and future firemen, all firemen who are in the employ of a political
subdivision the day preceding the date such political subdivision covers
firemen hereunder and who continue in such employ as a fireman on and
after such date, and all persons who become employed by a political
subdivision as a fireman on or after the date the political subdivision
covers firemen hereunder shall become members of the system.

(6) If his employing political subdivision has elected to cover only
future firemen, all persons who become employed by a political
subdivision as a fireman on or after the date such political subdivision
covers firemen hereunder shall become members of the system.

2. In no event shall an employee become a member if continuous employment
to time of retirement will leave the employee with less than minimum
number of years of credited service specified in section 70.645.

3. In any case of question as to the system membership status of any
person, the board shall decide the question. (L. 1967 p. 141 § 7, A.L.
1973 H.B. 218)

1. When a member is no longer employed by any employer in a
position covered by the system, he or she shall thereupon cease to be a
member of the system. Except as otherwise provided in sections 70.600 to
70.755, upon termination of his or her membership his or her credited
service shall be forfeited by him. If such person is not a retirant and
becomes reemployed by any employer in a position covered by the system,
he or she shall again become a member of the system. Should such
reemployment or employment occur within a period of ten years from and
after the date his or her membership last terminated, his or her credited
service last forfeited by him or her shall be restored to his or her
credit under the following conditions:

(1) Any membership service or prior service for which he or she was
required to make member contributions provided for in subsection 2 of
section 70.705 shall be restored to his or her credit if he or she
returns to the members deposit fund the amount, if any, he or she
withdrew therefrom, together with regular interest from the date of
withdrawal to the date of repayment;

(2) Any membership service or prior service for which no member
contributions were required as provided for in subsection 6 of section
70.705, or for which accumulated contributions were refunded as provided
for in section 70.707, shall be restored to his or her credit.

2. Upon a member's retirement he or she shall thereupon cease to be a
member and, except as otherwise provided in sections 70.600 to 70.760, he
or she shall not again become a member of the system.

3. Should a former member entitled to a deferred allowance provided for
in section 70.675 become employed in a position covered by the system
before becoming a retirant, he or she shall thereupon cease to be
entitled to a deferred allowance, and he or she shall become a member,
with his or her previous credited service reactivated and to be increased
by such employment.

4. Upon the retirement of a member whose credited service results from
employment with more than one employer, the amount of his or her
allowance shall be based upon his or her total credited service in force
at the time of his or her retirement and his or her final average salary
during such total credited service. Each such employer shall be
responsible financially, within the provisions of sections 70.600 to
70.755, for the portion of such allowance based upon the service credited
such member for employment with such employer, and the benefit program to
be applied to each such portion of credited service shall be the benefit
program such employer had in effect at the time the member left the
employment of such employer. (L. 1967 p. 141 § 8, A.L. 1973 H.B. 218,
A.L. 1982 H.B. 1465, A.L. 1987 S.B. 20, A.L. 2003 H.B. 131)

Any employee of a county, including any elected county official,
who became a member of the system due to the amendment to the definition
of "employee" in section 70.600, and who has been previously employed by
a county in a position which is now considered covered employment, may
elect to purchase all of his membership service or prior service for
which he would have been required to make member contributions provided
for in section 70.705 if the member provides an affidavit stating that he
is not receiving and is not eligible to receive retirement credits or
benefits from any other public or private retirement plan for the period
of service to be purchased. The purchase shall be effected by the
member's paying to the members deposit fund the amount required in
section 70.705 together with regular interest from the date of employment
to the date of repayment. Each political subdivision shall also be
responsible for making employer contributions in accordance with section
70.730. (L. 1992 H.B. 1440)

1. The board shall fix and determine by rules and regulations the
number of years and months of prior service and membership service to be
credited each member for his employment as an employee; except that, in
no case shall less than ten days of employment rendered in any calendar
month be credited as a month of service, nor shall less than ten months
of service rendered in any calendar year be credited as one year of
service, nor shall more than one year of service be credited any member
for all employment rendered by him in any one calendar year.

2. Not later than one year after the date an employer covers its
employees, and before the retirement of a member included in the
employees so covered, the employer shall certify to the board the period
or periods of prior employment of each of its members to be considered
for credit as prior service; provided, that all of such prior employment
shall be considered for credit unless the employer certifies that only a
portion of such prior employment is to be considered, which portion shall
be uniform for all its members and shall be seventy-five percent, fifty
percent, or twenty-five percent. No such prior employment shall be so
certified by an employer for any member unless he was employed by the
employer within the one-year period immediately preceding the date an
employer covers its employees and unless he is continuously employed by
such employer from and after such date for (1) one year, or (2) until his
death, or (3) until his total and permanent disability, whichever is
earliest.

3. In the event a member, who while an employee, entered or enters the
armed forces of the United States during any period of compulsory
military service, the armed service actually required of him shall be
credited him as service hereunder; provided, that he again becomes an
employee within a period of one year from and after honorable termination
of such armed service actually required of him, and he returns to the
members deposit fund any amount he may have withdrawn at the time he
entered or while in such armed service, together with regular interest
from the date of withdrawal to the date of repayment. During the period
of such armed service and until his return as an employee his
contributions to the system shall be suspended and any balance remaining
to his credit in the members deposit fund shall be accumulated at regular
interest.

4. In the event a member is given a leave of absence by his employer for
the purpose of continuing his education, such leave time shall be
credited him as service hereunder; provided, that such leave of absence
is in writing, that the length of such leave together with the length of
all other similar leaves does not exceed a total of two years, that the
member returns to his employer upon the expiration of such leave, and
that he returns to the members deposit fund the amount, if any, he may
have withdrawn therefrom during such leave, together with regular
interest from the date of withdrawal to the date of repayment. During the
period of such leave his contributions to the system shall be suspended
and any balance remaining to his credit in the members deposit fund shall
be accumulated at regular interest.

5. Anything contained herein to the contrary notwithstanding, not later
than December 31, 1988, an employer with employees who were not accruing
service credit because of the ten-year limitation on credited service of
subsection 1 of this section in existence prior to January 1, 1988, and
who are or would accrue service credit without such ten-year limitation
on credited service, shall certify to the board the period or periods of
previous employment of each of such employees to be considered for
credited service, and such previous employment shall be considered for
credited service provided the employee pays to the system by December 31,
1989, the total member contributions he would have contributed to the
system had such ten-year service limitation not been in effect.

6. In the event a member in service becomes totally physically or
mentally incapacitated for his duty as an employee as the natural and
proximate result of a personal injury or disease which has arisen out of
and in the course of his actual performance of duty as an employee, and
in the event such disability will probably not be permanent, and in the
event periodic payments are payable under any workers' compensation or
similar law on account of the same disability, then such disability time
shall be credited as service hereunder upon written application filed
with the board by or on behalf of the member; provided, all
determinations concerning the nature of such disability shall be made by
the board. During the period of such disability his contributions to the
system shall be suspended and any balance remaining to his credit in the
members deposit fund shall be accumulated at regular interest. Service
credit granted in this subsection shall not be considered as credited
service for the purpose of determining such member's final average
salary. Should such person die while so disabled, then he shall be
considered a member actively employed at time of death.

7. Any member who had served in the armed forces of the United States
prior to becoming a member and who became a member after discharge under
honorable conditions may elect, prior to retirement, to purchase prior
service credit equivalent to such service in the armed forces, not to
exceed four years, provided the member is not receiving and is not
eligible to receive retirement credits or benefits from any other public
or private retirement plan for the service to be purchased, and an
affidavit so stating shall be filed by the member with the retirement
system. However, if the member is eligible to receive retirement credits
in a United States military service retirement system, he shall be
permitted to purchase creditable prior service equivalent to his service
in the armed services, but not to exceed four years, any other provision
of law to the contrary notwithstanding. The purchase shall be effected by
the member's paying to the retirement system an amount equal to the
present value, on the date of payment, of the amount of the additional
retirement allowance that would be obtained by virtue of the purchase of
the additional service credit, using the interest rate specified by the
board and the applicable mortality table adopted by the board and
assuming continuous future service in the retirement system until, and
retirement at, the age at which the minimum requirements of the
retirement system for normal retirement or retirement with an allowance
unreduced for retirement at an early age. The payment shall be made over
a period of not longer than two years, measured from the date of
election, and with compound interest on the unpaid balance. Payments made
for such creditable prior service under this subsection shall be treated
by the retirement system as would contributions made by the employee and
shall not be subject to any prohibition on member contributions or refund
provisions in effect on August 28, 1992. (L. 1967 p. 141 § 9, A.L. 1971
H.B. 63, A.L. 1973 H.B. 218, A.L. 1974 S.B. 573, A.L. 1975 H.B. 111, H.B.
944, A.L. 1979 H.B. 130, A.L. 1980 S.B. 630, A.L. 1988 H.B. 1098, A.L.
1992 H.B. 1787)

Any member in service may retire with an allowance provided for
in section 70.655 upon his written application to the board setting forth
at what time not less than thirty days nor more than ninety days
subsequent to the execution and filing of his application he desires to
be retired; except that, at the time specified for his retirement the
member must have attained his minimum service retirement age, or if an
election has been made in accordance with section 70.646 to provide for
alternate eligibility, have years of attained age and years of credited
service in force which total eighty or more, and must have five or more
years of credited service in force, and notwithstanding that during the
period of notification he may have separated from service. He shall have
the right to elect an option provided for in section 70.660. (L. 1967 p.
141 § 10, A.L. 1975 H.B. 111, A.L. 1977 H.B. 702, A.L. 1988 H.B. 1098)

1. Each political subdivision may, by majority vote of its
governing body, elect from time to time, with respect to its members
retiring in the future, to provide an alternate for unreduced age and
service retirement eligibility for its members, which alternate shall
allow for unreduced age and service retirement for its members who have
years of attained age and years of credited service in force which total
eighty or more. If a political subdivision makes no election under this
section, the minimum age and service requirements of section 70.645 shall
be in effect. The clerk or secretary of the political subdivision shall
certify an election concerning age and service eligibility to the board
within ten days after such vote. The effective date of the political
subdivision's age and service eligibility election is the first day of
the calendar month specified by such governing body, or the first day of
the calendar month next following receipt by the board of the
certification of the age and service eligibility election, or the
effective date of the political subdivision's becoming an employer,
whichever is the latest date. Such age and service eligibility may be
changed from time to time by a majority vote of the governing body, but
not more than once in two years. If such election is to adopt the
alternate age and service eligibility provided for in this section, such
alternate provisions shall be applicable to allowances for which the
employer is financially responsible for all of the employer's employees
who accrue credited service with the employer while such alternate is in
effect. If the election is to limit retirement eligibility to the minimum
eligibility provisions of section 70.645, such election shall be
applicable to employees of the employer who did not accrue service credit
with the employer while the alternate may have been in effect.

2. Should an employer change its age and service eligibility election as
provided in this section, the employer contributions shall be
correspondingly changed effective the same date as the age and service
eligibility change.

3. The limitation on increases in an employer's contributions provided by
subsection 6 of section 70.730 shall not apply to any contribution
increase resulting from an employer's making an age and service
eligibility election under the provisions of this section. (L. 1988 H.B.
1098, A.L. 1992 H.B. 1440)

Subject to the provisions of any applicable federal or state law
the governing body of an employer may determine the mandatory separation
age for its employees which shall not be less than the minimum service
retirement age. Upon such separation from his last employer, a member who
has five or more years of credited service in force shall receive an
allowance provided for in section 70.655 and shall have the right to
elect an option provided for in section 70.660. (L. 1967 p. 141 § 11,
A.L. 1975 H.B. 111, A.L. 1977 H.B. 702, A.L. 1988 H.B. 1098)

1. Upon a member's retirement he or she shall receive an
allowance for life in accordance with the applicable benefit program
elected by the member's employer, as follows:

(1) Benefit program L-1. A member with credited service covered by
benefit program L-1 shall receive an allowance for life equal to one
percent of the member's final average salary multiplied by the number of
years of such credited service;

(2) Benefit program L-3. A member with credited service covered by
benefit program L-3 shall receive an allowance for life equal to one and
one-quarter percent of the member's final average salary multiplied by
the number of years of such credited service;

(3) Benefit program LT-4. A member with credited service covered by
benefit program LT-4 shall receive an allowance for life equal to one
percent of the member's final average salary multiplied by the number of
years of such credited service. In addition, if such member is retiring
as provided in section 70.645 or section 70.650 or section 70.670, and if
such member's age at retirement is younger than age sixty-two, then such
member shall receive a temporary allowance equal to one percent of the
member's final average salary multiplied by the number of years of such
credited service. Such temporary allowance shall terminate at the end of
the calendar month in which the earlier of the following events occurs:
such member's death; or the member's attainment of age sixty-two;

(4) Benefit program LT-5. A member with credited service covered by
benefit program LT-5 shall receive an allowance for life equal to one and
one-quarter percent of the member's final average salary multiplied by
the number of years of such credited service. In addition, if such member
is retiring as provided in section 70.645 or section 70.650 or section
70.670, and if such member's age at retirement is younger than age
sixty-two, then such member shall receive a temporary allowance equal to
three-quarters of one percent of the member's final average salary
multiplied by the number of years of such credited service. Such
temporary allowance shall terminate at the end of the calendar month in
which the earlier of the following events occurs: such member's death; or
the member's attainment of age sixty-two;

(5) Benefit program L-6. A member with credited service covered by
benefit program L-6 shall receive an allowance for life equal to two
percent of the member's final average salary multiplied by the number of
years of such credited service;

(6) Benefit program L-7. A member with credited service covered by
benefit program L-7 shall receive an allowance for life equal to one and
one-half percent of the member's final average salary multiplied by the
number of years of such credited service;

(7) Benefit program LT-8. A member with credited service covered by
benefit program LT-8 shall receive an allowance for life equal to one and
one-half percent of the member's final average salary multiplied by the
number of years of such credited service. In addition, if such member is
retiring as provided in section 70.645 or section 70.650 or section
70.670, and if such member's age at retirement is younger than age
sixty-two, then such member shall receive a temporary allowance equal to
one-half of one percent of the member's final average salary multiplied
by the number of years of such credited service. Such temporary allowance
shall terminate at the end of the calendar month in which the earlier of
the following events occurs: such member's death; or the member's
attainment of age sixty-two;

(8) Benefit program LT-4(65). A member with credited service covered by
benefit program LT-4(65) shall receive an allowance for life equal to one
percent of the member's final average salary multiplied by the number of
years of such credited service. In addition, if such member is retiring
as provided in section 70.645 or section 70.650 or section 70.670, and if
such member's age at retirement is younger than age sixty-five, then such
member shall receive a temporary allowance equal to one percent of the
member's final average salary multiplied by the number of years of such
credited service. Such temporary allowance shall terminate at the end of
the calendar month in which the earlier of the following events occurs:
such member's death; or the member's attainment of age sixty-five;

(9) Benefit program LT-5(65). A member with credited service covered by
benefit program LT-5(65) shall receive an allowance for life equal to one
and one-quarter percent of the member's final average salary multiplied
by the number of years of such credited service. In addition, if such
member is retiring as provided in section 70.645 or section 70.650 or
section 70.670, and if such member's age at retirement is younger than
age sixty-five, then such member shall receive a temporary allowance
equal to three-quarters of one percent of the member's final average
salary multiplied by the number of years of such credited service. Such
temporary allowance shall terminate at the end of the calendar month in
which the earlier of the following events occurs: such member's death; or
the member's attainment of age sixty-five;

(10) Benefit program LT-8(65). A member with credited service covered by
benefit program LT-8(65) shall receive an allowance for life equal to one
and one-half percent of the member's final average salary multiplied by
the number of years of such credited service. In addition, if such member
is retiring as provided in section 70.645 or section 70.650 or section
70.670, and if such member's age at retirement is younger than age
sixty-five, then such member shall receive a temporary allowance equal to
one-half of one percent of the member's final average salary multiplied
by the number of years of such credited service. Such temporary allowance
shall terminate at the end of the calendar month in which the earlier of
the following events occurs: such member's death; or the member's
attainment of age sixty-five;

(11) Benefit program L-9. A member with credited service covered by
benefit program L-9 shall receive an allowance for life equal to one and
six-tenths percent of the member's final average salary multiplied by the
number of years of such credited service;

(12) Benefit program LT-10(65). A member with credited service covered by
benefit program LT-10(65) shall receive an allowance for life equal to
one and six-tenths percent of the members' final average salary
multiplied by the number of years of such credited service. In addition,
if such member is retiring as provided in section 70.645 or section
70.650 or section 70.670, and if such member's age at retirement is
younger than age sixty-five, then such member shall receive a temporary
allowance equal to four-tenths of one percent of the member's final
average salary multiplied by the number of years of such credited
service. Such temporary allowance shall terminate at the end of the
calendar month in which the earlier of the following events occurs: such
member's death; or the member's attainment of age sixty-five;

(13) Benefit program L-11. Benefit program L-11 may cover employment in a
position only if such position is not concurrently covered by federal
Social Security; in addition, if such position was previously covered by
federal Social Security, benefit program L-11 may cover only employment
rendered after cessation of federal Social Security coverage. A member
with credited service covered by benefit program L-11 shall receive an
allowance for life equal to two and one-half percent of the member's
final average salary multiplied by the number of years of such credited
service;

(14) Benefit program L-12. A member with credited service covered by
benefit program L-12 shall receive an allowance for life equal to one and
three-quarter percent of the member's final average salary multiplied by
the number of years of such credited service;

(15) Benefit program LT-14(65). A member with credited service covered by
benefit program LT-14(65) shall receive an allowance for life equal to
one and three-quarter percent of the member's final average salary
multiplied by the number of years of such credited service. In addition,
if such member is retiring as provided in section 70.645, 70.650, or
70.670, then such member shall receive a temporary allowance equal to
one- quarter of one percent of the member's final average salary
multiplied by the number of years of such credited service. Such
temporary allowance shall terminate at the end of the calendar month in
which the earlier of the following events occurs: such member's death or
the member's attainment of age sixty-five.

2. If each portion of a member's credited service is not covered by the
same benefit program, then the member's total allowance for life shall be
the total of the allowance for life determined under each applicable
benefit program.

3. Each employer shall have the credited service of each of its members
covered by benefit program L-1 provided for in this section unless such
employer shall have elected another benefit program provided for in this
section.

4. Except as otherwise provided in this subsection, each political
subdivision, by majority vote of its governing body, may elect from time
to time to cover its members, whose political subdivision employment is
concurrently covered by federal Social Security, under one of the benefit
programs provided for in this section. Each political subdivision, by
majority vote of its governing body, may elect from time to time to cover
its members, whose political subdivision employment is not concurrently
covered by federal Social Security, under one of the benefit programs
provided for in this section. The clerk or secretary of the political
subdivision shall certify the election of the benefit program to the
board within ten days after such vote. The effective date of the
political subdivision's benefit program is the first day of the calendar
month specified by such governing body, or the first day of the calendar
month next following receipt by the board of the certification of
election of benefit program, or the effective date of the political
subdivision becoming an employer, whichever is the latest. Such election
of benefit program may be changed from time to time by such vote, but not
more often than biennially. If such changed benefit program provides
larger allowances than the benefit program previously in effect, then
such larger benefit program shall be applicable to the past and future
employment with the employer by present and future employees. If such
changed benefit program provides smaller allowances than the benefit
program previously in effect, then such changed benefit program shall be
applicable only to credited service for employment rendered from and
after the effective date of such change. After August 28, 1994, political
subdivisions shall not elect coverage under benefit program LT-4, benefit
program LT-5, or benefit program LT-8. After August 28, 2005, political
subdivisions shall not elect coverage under benefit program L-9 or
benefit program LT-10(65).

5. Should an employer change its election of benefit program as provided
in this section, the employer contributions shall be correspondingly
changed effective the same date as the benefit program change.

6. The limitation on increases in an employer's contribution provided by
subsection 6 of section 70.730 shall not apply to any contribution
increase resulting from an employer electing a benefit program which
provides larger allowances.

7. Subject to the provisions of subsections 9 and 10 of this section, for
an allowance becoming effective on September 28, 1975, or later, and
beginning with the October first which is at least twelve full months
after the effective date of the allowance, the amount of the allowance
shall be redetermined effective each October first and such redetermined
amount shall be payable for the ensuing year. Subject to the limitations
stated in the next sentence, such redetermined amount shall be the amount
of the allowance otherwise payable multiplied by the following percent:
one hundred percent, plus two percent for each full year (excluding any
fraction of a year) in the period from the effective date of the
allowance to the current October first. In no event shall such
redetermined amount (1) be less than the amount of the allowance
otherwise payable nor (2) be more than the amount of the allowance
otherwise payable multiplied by the following fraction: the numerator
shall be the Consumer Price Index for the month of June immediately
preceding such October first (but in no event an amount less than the
denominator below) and the denominator shall be the Consumer Price Index
for the month of June immediately preceding the effective date of the
allowance. As used herein, "Consumer Price Index" means the Consumer
Price Index for Urban Wage Earners and Clerical Workers, as determined by
the United States Department of Labor and in effect January 1, 1975;
provided, should such Consumer Price Index be restructured subsequent to
1974 in a manner materially changing its character, the board shall
change the application of the Consumer Price Index so that as far as is
practicable the 1975 intent of the use of the Consumer Price Index shall
be continued. As used herein "the amount of the allowance otherwise
payable" means the amount of the allowance which would be payable without
regard to these provisions redetermining allowance amounts after
retirement.

8. Subject to the provisions of subsections 9 and 10 of this section, for
an allowance becoming effective on September 28, 1975, or later, the
maximum allowance payable under the provisions of section 70.685 shall be
redetermined each October first in the same manner as an allowance is
redetermined under the provisions of subsection 7 of this section.

9. (1) The system establishes reserves for the payment of future
allowances to retirants and beneficiaries. Should the board determine,
after consulting with the actuary, that the established reserves are more
than sufficient to provide such allowances, the board may increase the
annual increase rate provided for in subsections 7 and 8 of this section,
as it applies to any allowance payable, but in no event shall the total
of all redetermined amounts as of October first of any year be greater
than one hundred four percent of the allowances which would have been
payable that October first without such redeterminations; provided, as of
any redetermination date the same annual increase rate shall be applied
to all allowances with effective dates in the range of November first to
October first of the following year. The board may extend the provisions
of subsections 7 and 8 of this section to allowances which became
effective before September 28, 1975; provided such an action by the board
shall not increase an employer contribution rate then in effect;

(2) After August 28, 1993, the annual increase rate established by this
subsection shall be a compound rate, compounded annually, and the four
percent annual maximum rate shall also be a compound rate, compounded
annually; provided, the use of such compounding shall not begin until
October 1, 1993, and shall not affect redeterminations made prior to that
date.

10. Should the board determine that the provisions of subsections 7, 8
and 9 of this section are jeopardizing the financial solvency of the
system, the board shall suspend these provisions redetermining allowance
amounts after retirement for such periods of time as the board deems
appropriate. (L. 1967 p. 141 § 12, A.L. 1975 S.B. 16, A.L. 1977 H.B. 702,
A.L. 1986 H.B. 1051 merged with H.B. 1050, A.L. 1988 H.B. 1098, A.L. 1993
H.B. 287, A.L. 1994 H.B. 1606, A.L. 1995 H.B. 416, et al. merged with
S.B. 395, A.L. 2000 H.B. 1808, A.L. 2005 H.B. 261)

Effective 7-1-00

1. Each political subdivision may, by majority vote of its
governing body, elect, from time to time, with respect to its members
retiring in the future, to have final average salary determined over a
thirty-six-consecutive-month period instead of a sixty-consecutive-month
period, as provided in subdivision (12) of section 70.600. If a political
subdivision makes no election under this section concerning final average
salary, the sixty-consecutive-month period shall be in effect. The clerk
or secretary of the political subdivision shall certify an election
concerning final average salary to the board within ten days after such
vote. The effective date of the political subdivision's final average
salary election is the first day of the calendar month specified by such
governing body, or the first day of the calendar month next following
receipt by the board of the certification of final average salary
election, or the effective date of the political subdivision's becoming
an employer, whichever is the latest date. Such final average salary
election may be changed from time to time by a majority vote of the
governing body, but not more often than once in two years. If such
changed final average salary provides larger allowances than the final
average salary previously in effect, then such larger final average
salary shall be applicable to the past and future employment with the
employer by present and future employees. If such changed final average
salary provides smaller allowances than the final average salary
previously in effect, then such smaller final average salary shall be
applicable only to credited service for employment rendered from and
after the effective date of such change.

2. Should an employer change its final average salary election as
provided in this section, the employer contributions shall be
correspondingly changed effective the same date as the final average
salary change.

3. The limitation on increases in an employer's contribution provided by
subsection 6 of section 70.730 shall not apply to any contribution
increase resulting from an employer electing a final average salary which
provides larger allowances. (L. 1984 H.B. 874, A.L. 1992 H.B. 1440)

1. Except as otherwise provided herein, before the date the first
payment of a person's allowance becomes due but not thereafter, a person
about to become a retirant may elect to receive his or her allowance for
life with or without a partial lump-sum distribution, as provided in this
subsection. A person about to become a retirant may elect to receive a
partial lump-sum distribution equal to twenty-four times the amount of
his or her monthly allowance for life, not including any monthly
temporary allowance which may be payable. Such lump sum shall be paid to
the retirant, upon written application to the board, not fewer than
ninety days nor more than one hundred fifty days after the date the first
payment of his or her monthly allowance becomes due. The retirant's
monthly life allowance shall be reduced to eighty-four percent if the
retirant's age at the time of retirement is sixty, which percent shall be
decreased by four- tenths of one percent for each year the retirant's age
at the time of retirement is greater than sixty, or which percent shall
be increased by four-tenths of one percent for each year the retirant's
age at the time of retirement is less than sixty. The reductions in
monthly life allowance in this subsection shall be calculated and applied
before any reductions under subsection 2 of this section are calculated
and applied.

2. Before the date the first payment of a person's allowance becomes due
but not thereafter, a person about to become a retirant may elect to have
his or her allowance for life reduced but not any temporary allowance
which may be payable, and nominate a beneficiary, as provided by option
A, B, C, or D set forth below:

(1) Option A. Under option A, a retirant's allowance payable to the
retirant shall be reduced to a certain percent of the allowance otherwise
payable to the retirant. If such first payment due date is on or after
October 1, 1998, such percent shall be eighty-five percent if the
retirant's age and the retirant's beneficiary's age are the same on such
first due date, which shall be decreased by three-quarters of one percent
for each year that the beneficiary's age is less than the retirant's age,
or which shall be increased by three-quarters of one percent, up to a
maximum of ninety percent, for each year that the beneficiary's age is
more than the retirant's age. Upon the retirant's death three-quarters of
the retirant's reduced allowance to which the retirant would have been
entitled had the retirant lived shall be paid to his or her surviving
beneficiary, nominated before such first payment due date but not
thereafter, who was the retirant's spouse for not less than the two years
immediately preceding such first payment due date, or another person aged
forty years or older receiving more than one-half support from the
retirant for not less than the two years immediately preceding such first
payment due date.

(2) Option B. Under option B, a retirant's allowance payable to the
retirant shall be reduced to a certain percent of the allowance otherwise
payable to the retirant. If such first payment due date is on or after
October 1, 1998, such percent shall be ninety percent if the retirant's
age and the retirant's beneficiary's age are the same on such first
payment due date, which shall be decreased by one-half of one percent for
each year that the beneficiary's age is less than the retirant's age, or
which shall be increased by one-half of one percent, up to a maximum of
ninety-five percent for each year that the beneficiary's age is more than
the retirant's age. Upon the retirant's death one-half of his or her
reduced allowance to which the retirant would have been entitled had the
retirant lived shall be paid to the retirant's surviving beneficiary,
nominated before such first payment due date but not thereafter, who was
either the retirant's spouse for not less than the two years immediately
preceding such first payment due date, or another person aged forty years
or older receiving more than one-half support from the retirant for not
less than the two years immediately preceding such first payment due date.

(3) Option C. Under option C, a retirant's allowance payable to the
retirant shall be reduced to ninety-five percent of the allowance
otherwise payable to the retirant if such first payment due date is on or
after October 1, 1998. If the retirant dies before having received one
hundred twenty monthly payments of his or her reduced allowance, his or
her reduced allowance to which the retirant would have been entitled had
the retirant lived shall be paid for the remainder of the one hundred
twenty months' period to such person as the retirant shall have nominated
by written designation duly executed and filed with the board. If there
is no such beneficiary surviving the retirant, the reserve for such
allowance for the remainder of such one hundred twenty months' period
shall be paid to the retirant's estate.

(4) Option D. Some other option approved by the board which shall be the
actuarial equivalent of the allowance to which the member is entitled
under this system.

3. The death of the beneficiary designated under option A or B of
subsection 2 of this section before the death of the retirant after
retirement shall, upon written notification to the system of the death of
the beneficiary, cancel any optional plan elected at retirement to
provide continuing lifetime benefits to the beneficiary and shall return
the retirant to his or her single lifetime benefit equivalent, to be
effective the month following receipt of the written notification of the
death of the beneficiary by the system.

4. If a member fails to elect a benefit option under subsection 2 of this
section, his or her allowance for life shall be paid to the member as a
single lifetime benefit. (L. 1967 p. 141 § 13, A.L. 1971 S.B. 124, A.L.
1972 S.B. 454, A.L. 1977 H.B. 702, A.L. 1992 H.B. 1440, A.L. 1998 H.B.
1033, A.L. 2003 H.B. 348 & 347)

1. If a member with five or more years of credited service dies
before retirement while an employee, the benefits provided in subsections
2, 3, 4 and 5 of this section shall be paid, as applicable.

2. (1) The surviving spouse to whom the member was married for not less
than two years immediately preceding the time of the member's death shall
receive an allowance computed in the same manner in all respects as if
such member had:

(a) Retired on the first day of the month following the date of his or
her death with an allowance for life based upon the member's credited
service and final average salary to time of death and without reduction
if the member's age was younger than the member's minimum service
retirement age;

(b) Elected option A provided for in section 70.660; and

(c) Nominated such spouse as joint beneficiary under such option.

(2) If the board finds that the member's death was the result of an
accident that did not arise out of and in the course of his or her actual
performance of duty as an employee, the requirement that the surviving
spouse must have been married to the member for not less than two years
immediately preceding the time of the member's death shall not apply.

3. If the board finds that the member's death was the natural and
proximate result of a personal injury or disease arising out of and in
the course of his or her actual performance of duty as an employee, then:

(1) Other provisions of law to the contrary notwithstanding, for the
purpose of computing the amount of the allowance payable under this
section and for the purpose of determining eligibility under subsection 1
of this section, credited service shall include the period from the date
of the member's death to the date he or she would have attained age
sixty, or the date he or she would have acquired five years of credited
service, if later; and

(2) In order to be eligible for spouse benefits, the surviving spouse and
the deceased member must have been married on the date of the personal
injury resulting in the member's death or on the date of onset of the
disease resulting in the member's death. In any case of question as to
the date of onset of disease resulting in the member's death, the board
shall decide the question.

4. If a benefit is not payable under the provisions of subsection 2 or 3
of this section, or when such benefit has ceased to be payable, each
dependent child of the deceased member, if any, shall receive an
allowance of an equal share of sixty percent of an allowance computed in
the same manner in all respects as if such deceased member had retired on
the first day of the month following the date of his or her death with an
allowance for life based upon the member's credited service and final
average salary to time of death and without reduction if the member's age
was younger than the member's minimum service retirement age. A child
shall be a dependent child until the child's death or marriage or
attainment of age eighteen, whichever occurs first; provided, the age
eighteen maximum shall be extended as long as the child continues
uninterruptedly being a full-time student at an accredited secondary
school or college or university, but in no event beyond attainment of age
twenty-three; provided further, that if a full-time student eligible for
or receiving benefits under this section is ordered to military duty, his
or her benefit shall be suspended during such period of military duty,
and shall be reinstated upon his or her return to school not later than
the beginning of the academic term immediately following his or her
return from military duty, in which case his or her eligibility for
dependent child benefits shall be extended by the number of months of
military duty, but in no event beyond attainment of age twenty- five;
provided further, the age eighteen maximum shall be extended for any
child who has been found totally incapacitated by a court of competent
jurisdiction for as long as such incapacity exists. Upon a child ceasing
to be a dependent child, his or her allowance shall terminate, and there
shall be a redetermination of the amounts payable to any remaining
dependent children.

5. In the event all of the allowances provided for in this section,
payable on account of the death of a member, terminate before there has
been paid an aggregate amount equal to the accumulated contributions
standing to the deceased member's credit in the member's deposit fund at
the time of death, the difference between such accumulated contributions
and such aggregate amount of allowance payments shall be paid to such
person as the member shall have nominated by written designation duly
executed and filed with the board. If there be no such designated person
surviving at termination, such difference shall be paid to the member's
estate or to the estate of the last beneficiary to whom benefits were
paid. (L. 1971 S.B. 124, A.L. 1972 S.B. 454, A.L. 1975 S.B. 15, H.B. 111,
A.L. 1976 S.B. 722, A.L. 1980 S.B. 630, A.L. 1983 S.B. 44 & 45, A.L. 1988
H.B. 1098, A.L. 2000 H.B. 1808, A.L. 2003 H.B. 131)

In the event a retirant dies before he has received in allowance
payments an aggregate amount equal to his accumulated contributions
standing to his credit in the members deposit fund at the time of his
retirement, the difference between such accumulated contributions and
such aggregate amount of allowance payments received by him shall be paid
to such person as he shall have nominated by written designation duly
executed and filed with the board. If there be no such designated person
surviving such retirant, such difference, if any, shall be paid to the
retirant's estate. In no case shall any benefits be paid under this
section on account of the death of a retirant if any allowance becomes
payable by the system on account of his death. (L. 1967 p. 141 § 14)

1. Any member in service who has not attained his minimum service
retirement age may retire with an early allowance provided for in
subsection 2 of this section, upon his written application to the board
setting forth at what time, not less than thirty days nor more than
ninety days subsequent to the execution and filing thereof, he desires to
be retired; provided, that at the time of his separation from service and
the time so specified for his retirement, the member's age shall be
within five years of his minimum service retirement age and he shall have
five or more years of credited service in force, and notwithstanding that
during such period of notification he may have separated from service. He
shall have the right to elect an option provided for in section 70.660.

2. Upon early retirement a member shall receive a certain percent of an
allowance provided for in section 70.655. Such percent shall be one
hundred percent reduced by: One-half of one percent multiplied by the
number of months by which his age at early retirement is younger than his
minimum service retirement age. (L. 1967 p. 141 § 15, A.L. 1975 H.B. 111,
A.L. 1977 H.B. 702, A.L. 1980 S.B. 630)

1. Should a member with five or more years of credited service
cease to be a member, except by death or retirement, before attaining an
age which is within five years of his or her minimum service retirement
age, the member shall be entitled to a deferred allowance provided for in
this section; provided, if the former member withdraws his or her
accumulated contributions from the members deposit fund, for purposes of
this section there shall be eliminated from credited service any
membership service or prior service for which the member was required to
make member contributions provided for in subsection 2 of section 70.705.
Such deferred allowance shall commence as of the first day of the
calendar month next following the later of:

(1) The member's attainment of an age which is within five years of his
or her minimum service retirement age; or

(2) The date the member's written application therefor is received by the
board, in accordance with the provisions of subsection 2 of this section.
The member shall have the right to elect an option provided for in
section 70.660 at the time of filing such written application.

2. Except as provided in subsection 5 of this section, a former member
otherwise entitled to a deferred allowance shall be entitled to a
deferred allowance only if the former member lives to an age which is
within five years of his or her minimum service retirement age and if
written application therefor is received by the board from the former
member not earlier than ninety days before his or her attainment of such
age. If such former member does not live to retirement or in the event
the former member becomes employed in a position covered by the system
before becoming a retirant or in the event such written application is
not received by the board within the time limits specified, no benefits
whatsoever shall be paid pursuant to the provisions of this section,
except as provided in subsection 5 of this section.

3. A former member otherwise entitled to a deferred allowance shall be
considered a member only for the purposes of subsection 4 of section
70.725.

4. If the deferred allowance commences prior to the date the former
member reaches his or her minimum service retirement age, the allowance
shall be a certain percent of the allowance otherwise provided for in
this section. Such percent shall be one hundred percent reduced by
one-half of one percent multiplied by the number of months by which the
former member's age at the date the allowance commences is younger than
the former member's minimum service retirement age.

5. If a former member who: (1) is entitled to a deferred allowance
pursuant to this section; and (2) does not receive a lump sum payment as
provided in section 70.676, dies before his or her date of retirement,
the applicable benefits, if any, provided in this subsection shall be
paid. The former member's surviving spouse, if any, to whom the former
member was married for not less than two years immediately preceding the
date of the former member's death shall receive an allowance computed in
the same manner in all respects as if such former member had:

(1) Survived to the first day of the calendar month next following the
day the former member would have attained his or her minimum service
retirement age or if later, the first day of the calendar month next
following the date of the former member's death;

(2) Retired on such day with an allowance for life based on his or her
credited service and final average salary at the time of termination of
membership;

(3) Elected option A provided for in section 70.660;

(4) Nominated such spouse as joint beneficiary under such option; and

(5) Died on such day after electing such option A.

The allowance payable to the surviving spouse shall commence as of the
first day of the calendar month next following the day the former member
would have attained his or her minimum service retirement age or, if
later, the first day of the calendar month next following the date of the
former member's death. This subsection shall apply to any person who is a
former member on or after August 28, 1998. (L. 1967 p. 141 § 16, A.L.
1975 H.B. 111, A.L. 1982 H.B. 1465, A.L. 1988 H.B. 1098, A.L. 1995 H.B.
416, et al. merged with S.B. 395, A.L. 1998 H.B. 1033, A.L. 2000 H.B.
1808)

Effective 7-1-00

In accordance with rules adopted by the board, a former member
who is entitled to a deferred allowance pursuant to section 70.675 may
elect for the system to pay the reserve value of the deferred allowance
if the amount of the former member's credited service is less than ten
years and if the former member is not within ten years of his or her
minimum service retirement age at the time of payment of the reserve
value. The reserve value shall be the actuarial equivalent of the
allowance otherwise payable. Any lump sum payment so made shall be a
complete discharge of all liability under the system with respect to such
allowance. (L. 1986 S.B. 420, A.L. 1998 H.B. 1033)

1. Any member in service with five or more years of credited
service who has not attained the age and service requirements of section
70.645 and who becomes totally and permanently physically or mentally
incapacitated for his duty as an employee, as the result of a personal
injury or disease, may be retired by the board upon written application
filed with the board by or on behalf of the member; provided, that after
a medical examination of such member made by or under the direction of a
medical committee consisting of three physicians, one of whom shall be
selected by the board, one by or on behalf of such member, and the third
by the first two physicians so named, the medical committee reports to
the board, by majority opinion in writing, that such member is physically
or mentally totally incapacitated for the further performance of duty,
that such incapacity will probably be permanent and that such member
should be retired.

2. Upon disability retirement, as provided in subsection 1 of this
section, a member shall receive an allowance for life provided for in
section 70.655 and shall have the right to elect an option provided for
in section 70.660. His or her disability retirement and allowance shall
be subject to the provisions of subsection 5 of this section and to the
provisions of section 70.685.

3. Any member in service who becomes totally and permanently physically
or mentally incapacitated for his duty as an employee, as the natural and
proximate result of a personal injury or disease which the board finds to
have arisen out of and in the course of his actual performance of duty as
an employee, may be retired by the board upon written application filed
with the board by or on behalf of the member; provided, that after a
medical examination of such member made by or under the direction of a
medical committee consisting of three physicians, one of whom shall be
selected by the board, one by or on behalf of such member, and the third
by the first two physicians so named, the medical committee reports to
the board, by majority opinion in writing, that such member is physically
or mentally totally incapacitated for the further performance of duty,
that such incapacity will probably be permanent, and that such member
should be retired.

4. Upon disability retirement as provided in subsection 3 of this
section, a member shall receive an allowance for life provided for in
section 70.655; provided, that for the sole purpose of computing the
amount of such allowance, he or she shall be given credited service for
the period from the date of his or her disability retirement to the date
he or she would attain age sixty. He or she shall have the right to elect
an option provided for in section 70.660. His or her disability
retirement and allowance shall be subject to the provisions of subsection
5 of this section and to the provisions of section 70.685.

5. At least once each year during the first five years following a
member's retirement on account of disability, and at least once in each
three-year period thereafter, the board shall require any disability
retirant who has not attained his minimum service retirement age to
undergo a medical examination to be made by a physician designated by the
board. If the retirant refuses to submit to medical examination in any
such period, his disability allowance shall be suspended by the board
until his withdrawal of such refusal. If such refusal continues for one
year, all his rights in and to a disability allowance shall be revoked by
the board. If, upon medical examination of the retirant, the physician
reports to the board that the retirant is physically and mentally able
and capable of resuming his duty as an employee in the position held by
him at the time of his disability retirement, then the board shall, if
demanded by the retirant, arrange a further medical examination of such
member made by or under the direction of a medical committee consisting
of three physicians, one of whom shall be selected by the board, one by
or on behalf of the member, and the third by the first two physicians
named. Should the medical committee concur, by majority opinion in
writing to the board, the disability retirant is capable of resumption of
duty, his disability retirement shall terminate and he shall be returned
to duty and he shall immediately again become a member of the system, his
credited service at the time of disability retirement shall be restored
to his credit, and the amount of his accumulated contributions at the
time of his disability retirement shall be restored to his credit in the
members deposit fund. If he was in receipt of a duty disability allowance
provided for in subsection 3 of this section, he shall also be given
service credit for the period he was in receipt of the duty disability
allowance. (L. 1967 p. 141 § 17, A.L. 1971 S.B. 124, A.L. 1972 S.B. 454,
A.L. 1975 H.B. 111, A.L. 1980 S.B. 630, A.L. 1988 H.B. 1098, A.L. 1992
H.B. 1440, A.L. 2000 H.B. 1808)

Effective 7-1-00

1. If a retirant becomes reemployed in a position covered by the
system by a political subdivision from which he or she is receiving a
retirement allowance, such retirant shall forfeit one monthly benefit
allowance for each calendar month in which the retirant renders service
in connection with such reemployment.

2. If a retirant becomes employed in a position covered by the system by
a political subdivision from which he or she is not receiving a
retirement allowance, such retirant shall continue to receive his or her
retirement allowance during such period of employment.

3. A retirant who becomes employed by any participating political
subdivision shall be considered a reemployed member with contributions
due immediately in accordance with sections 70.705, 70.710, and 70.720.
Such period of employment shall be for a minimum of one year of
continuous membership service before the retirant shall receive any
additional allowance.

4. Any reemployed member who has one or more years of membership service
after reemployment and later retires shall receive an additional
allowance calculated to include only the membership service and the
average compensation earned by the reemployed member since reemployment,
if such employment is less than the period described in section 70.656.
In either event, the original allowance and the additional allowance, if
any, shall become effective after a written application is submitted in
accordance with section 70.645.

5. Notwithstanding any provision of this section to the contrary, if the
retirant retired pursuant to section 70.680, the provisions of section
70.680 shall apply. (L. 1971 S.B. 124, A.L. 1972 S.B. 454, A.L. 1980 S.B.
630, A.L. 1999 H.B. 464 merged with S.B. 410, A.L. 2003 H.B. 348 & 347)

1. In the event a member ceases to be a member other than by
death before the date he becomes entitled to retire with an allowance
payable by the system, he shall be paid, upon his written application
filed with the board, his accumulated contributions standing to his
credit in the members deposit fund.

2. In the event a member dies, and no allowance becomes or will become
payable by the system on account of his death, his accumulated
contributions standing to his credit in the members deposit fund at the
time of his death shall be paid to such person or persons as he shall
have nominated by written designation duly executed and filed with the
board. If there be no such designated person or persons surviving such
member, such accumulated contributions shall be paid to his surviving
spouse, or to his estate if there is no surviving spouse.

3. In the event a member's membership in the system terminates, and no
allowance becomes or will become payable on his account, any accumulated
contributions standing to his credit in the members deposit fund
unclaimed by such member or his legal representative within three years
after the date his membership terminated, shall be transferred to the
income-expense fund. If thereafter proper application is made for such
accumulated contributions, the board shall pay them from the
income-expense fund, but without interest after the date payment was
first due. (L. 1967 p. 141 § 19)

The right of a person to an allowance, to the return of
accumulated contributions, the allowance itself, any allowance option,
and any other right accrued or accruing under the provisions of sections
70.600 to 70.755, and all moneys belonging to the system shall not be
subject to execution, garnishment, attachment, the operation of
bankruptcy or insolvency laws, or to any other process of law whatsoever,
and shall be unassignable, except as is specifically provided in sections
70.600 to 70.755; except that:

(1) Any political subdivision shall have the right of setoff for any
claim arising from embezzlement by or fraud of a member, retirant, or
beneficiary; and

(2) Such rights shall not be exempt from attachment or execution in a
proceeding instituted for the support and maintenance of children. In all
such actions described in this subdivision, the system shall be entitled
to collect a fee of up to twenty dollars chargeable against the person
for each delinquent attachment, execution, sequestration or garnishment
payment. (L. 1967 p. 141 § 20, A.L. 1988 H.B. 1098, A.L. 1992 H.B. 1440)

1. Any member who is eligible to receive benefits under the local
government employees' retirement system and who retires after August 28,
1993, and who is also eligible to receive benefits under the provisions
of sections 56.800 to 56.840, RSMo, shall receive benefits under sections
56.800 to 56.840, RSMo, which are reduced by the amount received from the
local government employees' retirement system.

2. Any member who retires after August 28, 1999, shall receive benefits
pursuant to sections 56.800 to 56.840, RSMo, which are reduced by
one-third of the amount received from the local government employees'
retirement system. (L. 1993 S.B. 169 § 1, A.L. 1999 S.B. 308 & 314)

All the assets of the system shall be held in five funds, namely,
the members deposit fund, the employer accumulation fund, the benefit
reserve fund, the casualty reserve fund, and the income-expense fund. (L.
1967 p. 141 § 21)

1. The "Members Deposit Fund" is hereby created. It shall be the
fund in which shall be accumulated the contributions made by members to
the system, and from which shall be made transfers and refunds of
members' contributions as provided in sections 70.600 to 70.755.

2. Except as provided otherwise in this section, the contributions of a
member to the system shall be four percent of his compensations after the
date he has completed sufficient employment for six months of credited
service. Such contributions shall be made notwithstanding that the
minimum salary or wages provided by law for any member shall thereby be
changed. Each member shall be deemed to consent and agree to the
deductions made and provided for herein. Payment of a member's
compensation less such deductions shall be a full and complete discharge
and acquittance of all claims and demands whatsoever for services
rendered by him to a political subdivision, except as to benefits
provided by this system.

3. The officer or officers responsible for making up the payrolls for
each political subdivision shall cause the contributions provided for in
this section to be deducted from the compensation of each member in the
employ of the political subdivision, on each and every payroll, for each
and every payroll period after the date he has completed sufficient
employment for six months of credited service to the date his membership
terminates. When deducted, each of these amounts shall be paid by the
political subdivision to the system; the payments shall be made in the
manner and shall be accompanied by such supporting data as the board
shall from time to time prescribe. When paid to the system, each of the
amounts shall be credited to the members deposit fund account of the
member from whose compensations the contributions were deducted.

4. In addition to the contributions deducted from the compensations of a
member, as heretofore provided, a member shall deposit in the members
deposit fund, by a single contribution or by an increased rate of
contributions, as approved by the board, the amount or amounts he may
have withdrawn therefrom and not repaid thereto, together with regular
interest from the date of withdrawal to the date of repayment. In no case
shall a member be given credit for service rendered prior to the date he
withdrew his accumulated contributions until he returns to the members
deposit fund all amounts due the fund by him.

5. Upon the retirement of a member, or upon his death if an allowance
becomes payable on account of his death, his accumulated contributions
shall be transferred to the benefit reserve fund.

6. Each political subdivision, by majority vote of its governing body,
may elect with respect to its members to eliminate future member
contributions otherwise provided for in this section. The clerk or
secretary of the political subdivision shall certify the election
concerning member contributions to the board within ten days after such
vote. The effective date of the political subdivision's member
contribution election is the first day of the calendar month specified by
such governing body, or the first day of the calendar month next
following receipt by the board of the certification of such election, or
the effective date of the political subdivision's becoming an employer,
whichever is the latest. Such election concerning member contributions
may be changed from time to time by such vote, but not more often than
once in two years. Except as provided in section 70.707, if such election
is to eliminate member contributions, then such election shall apply only
to future member compensations and shall not change the status of any
member contributions made before such election. If the effect of such
election is to require member contributions, then such election shall
apply only to future member compensations and shall not change any member
contribution requirements existing before such election. Should an
employer change its member contribution requirements as provided in this
section, the employer contribution requirements shall be correspondingly
changed effective the same date as the member contribution change. The
limitation on increases in an employer's contribution provided by
subsection 6 of section 70.730 shall not apply to any contribution
increase resulting from an employer electing to eliminate member
contributions. (L. 1967 p. 141 § 22, A.L. 1973 H.B. 218, A.L. 1982 H.B.
1465, A.L. 1987 S.B. 20, A.L. 1988 H.B. 1098, A.L. 1992 H.B. 1440)

1. The governing body of any political subdivision, in which
member contributions have been eliminated pursuant to subsection 6 of
section 70.705, may, after two or more continuous years without member
contributions, elect by majority vote that accumulated contributions
resulting from employment with such political subdivision be refunded.
The clerk or the secretary of the political subdivision shall certify the
election concerning the refund to the board within ten days after such
vote. The board shall refund the specified accumulated contributions to
each member by no later than the later of:

(1) One hundred eighty days from receipt by the board of the
certification from the clerk or secretary; or

(2) Ninety days from receipt by the board of written application signed
by the member requesting that such accumulated contributions be refunded.

2. If a political subdivision elects to refund member contributions, the
employer contribution requirements provided in section 70.710 shall be
correspondingly changed effective the first day of the month following
the refund election. The limitation on increases in an employer's
contribution provided by subsection 6 of section 70.730 shall not apply
to any contribution increase resulting from an employer's electing to
refund member contributions as provided in this section. (L. 1987 S.B.
20, A.L. 1992 H.B. 1440)

1. The "Employer Accumulation Fund" is hereby created. It is the
fund in which shall be accumulated the contributions made by employers
for benefits, and from which shall be made transfers, as provided in
sections 70.600 to 70.755.

2. When paid to the system, the employer contributions provided for in
subsections 2 and 3 of section 70.730 shall be credited to the employer
accumulation fund account of the employer making the contributions.

3. When an allowance other than a disability allowance first becomes due
and payable, there shall be transferred to the benefit reserve fund from
his employer's account in the employer accumulation fund the difference
between the reserve for the allowance and the accumulated contributions
standing to his credit in the members deposit fund at the time the
allowance first becomes due and payable, of the member or former member
to whom or on whose behalf the allowance is payable.

4. A separate account shall be maintained in the employer accumulation
fund for each employer. No employer shall be responsible for the employer
accumulation fund liabilities of another employer.

5. When a disability allowance first becomes due and payable, the accrued
service pension reserve covering the retiring member shall be calculated
in the manner provided for in subsection 3 of section 70.730, as of the
effective date of the disability allowance. Such reserve shall be
transferred to the benefit reserve fund from the employer's account in
the employer accumulation fund. (L. 1967 p. 141 § 23, A.L. 1983 H.B. 341,
A.L. 1988 H.B. 1098)

The "Benefit Reserve Fund" is hereby created. It is the fund into
which shall be made transfers as provided in sections 70.600 to 70.755
and from which allowances and related benefits shall be paid. (L. 1967 p.
141 § 24, A.L. 1988 H.B. 1098)

1. The "Casualty Reserve Fund" is hereby created. It is the fund
in which shall be accumulated the contributions made by employers for
pensions to be paid members who retire on account of disability, and from
which shall be made transfers as provided in sections 70.600 to 70.755.

2. When paid to the system, the employer contributions provided for in
subsection 4 of section 70.730 shall be credited to the casualty reserve
fund.

3. When a disability allowance first becomes due and payable, there shall
be transferred to the benefit reserve fund from the casualty reserve fund
an amount equal to the reserve for the allowance, minus:

(1) The accumulated contributions, standing to the member's credit in the
members deposit fund at the time the allowance first becomes due and
payable; and

(2) The accrued service pension reserve determined pursuant to subsection
5 of section 70.710. (L. 1967 p. 141 § 25, A.L. 1983 H.B. 341, A.L. 1988
H.B. 1098)

The board shall arrange for transfers to the benefit reserve fund
so that thereafter all allowances and related benefits shall be paid from
the benefit reserve fund. Such transfers shall be completed upon a
determination by the board's actuary of the amounts of such transfers and
shall consist of the following:

(1) The reserve value of allowances payable from the employer's
accumulation fund at time of transfer shall be transferred from the
employer's accumulation fund; and

(2) The reserve value of allowances payable from the casualty reserve
fund at time of transfer shall be transferred from the casualty reserve
fund. (L. 1988 H.B. 1098)

1. The "Income-Expense Fund" is hereby created. It is the fund to
which shall be credited all investment income from invested assets of the
system, and in which shall be accumulated the contributions made by
employers for the administrative expenses of the system, and from which
shall be made annual transfers of investment credits to the other funds
of the system, and from which shall be paid all the expenses of the board
necessary for the administration and operation of the system.

2. When paid to the system, the employer contributions provided for in
subsection 5 of section 70.730 shall be credited to the income-expense
fund.

3. The board may accept gifts and bequests, and they shall be credited to
the income-expense fund, along with all other moneys received by the
system, the disposition of which is not specifically provided for in
sections 70.600 to 70.760.

4. At the end of each system fiscal year the board shall credit each
member's individual account in the members deposit fund with regular
interest on the largest balance remaining in such account for the entire
fiscal year. At the end of each system fiscal year the board shall credit
to each account in the employer accumulation fund regular interest on the
mean balance in such fund for the fiscal year, and similarly shall credit
regular interest to the benefit reserve fund and to the casualty reserve
fund. Such regular interest shall be transferred from the income-expense
fund.

5. Whenever the board determines that the balance in the income-expense
fund is more than sufficient to cover the current charges to the fund,
the board may by resolution provide for contingency reserves, or for the
transfer of such excess or portions thereof to cover the needs of the
benefit reserve fund or the casualty reserve fund. (L. 1967 p. 141 § 26)

1. Each employer's contributions to the system shall be the total
of the contribution amounts provided for in subsections 2 through 5 of
this section; provided, that such contributions shall be subject to the
provisions of subsection 6 of this section.

2. An employer's normal cost contributions shall be determined as
follows: Using the financial assumptions adopted by the board from time
to time, the actuary shall annually compute the rate of contributions
which, if paid annually by each employer during the total service of its
members, will be sufficient to provide the pension reserves required at
the time of their retirements to cover the pensions to which they might
be entitled or which might be payable on their behalf. The board shall
annually certify to the governing body of each employer the amount of
membership service contribution so determined, and each employer shall
pay such amount to the system during the employer's next fiscal year
which begins six months or more after the date of such board
certification. Such payments shall be made in such manner and form and in
such frequency and shall be accompanied by such supporting data as the
board shall from time to time determine. When received, such payments
shall be credited to the employer's account in the employer accumulation
fund.

3. An employer's accrued service contributions shall be determined as
follows: Using the financial assumptions adopted by the board from time
to time, the actuary shall annually compute for each employer the
portions of pension reserves for pensions which will not be provided by
future normal cost contributions. The accrued service pension reserves so
determined for each employer* less the employer's applicable balance in
the employer accumulation fund shall be amortized over a period of years,
as determined by the board. Such period of years shall not extend beyond
the latest of (1) forty years from the date the political subdivision
became an employer, or (2) thirty years from the date the employer last
elected to increase its optional benefit program, or (3) fifteen years
from the date of the annual actuarial computation. The board shall
annually certify to the governing body of each employer the amount of
accrued service contribution so determined for the employer, and each
employer shall pay such amount to the system during the employer's next
fiscal year which begins six months or more after the date of such board
certification. Such payments shall be made in such manner and form and in
such frequency and shall be accompanied by such supporting data as the
board shall from time to time determine. When received, such payments
shall be credited to the employer's account in the employer accumulation
fund.

4. The employer's contributions for the portions of disability pensions
not covered by accrued service pension reserves shall be determined on a
one-year term basis. The board may determine different rates of
contributions for employers having policeman members or having fireman
members or having neither policeman members nor fireman members. The
board shall annually certify to the governing body of each employer the
amount of contribution so ascertained for the employer, and each employer
shall pay such amount to the system during the employer's next fiscal
year which begins six months or more after the date of such board
certification. Such payments shall be made in such manner and form and in
such frequency and shall be accompanied by such supporting data as the
board shall from time to time ascertain. When received, such payments
shall be credited to the casualty reserve fund.

5. Each employer shall provide its share, as determined by the board, of
the administrative expenses of the system and shall pay same to the
system to be credited to the income-expense fund.

6. The employer's total contribution to the system, expressed as a
percent of active member compensations, in any employer fiscal year,
beginning with the second fiscal year that the political subdivision is
an employer, shall not exceed its total contributions for the immediately
preceding fiscal year, expressed as a percent of active member
compensations, by more than one percent. (L. 1967 p. 141 § 27, A.L. 1980
S.B. 630, A.L. 1983 H.B. 341)

*Word "employee" appears in original rolls.

If any political subdivision fails to make any payment due the
system for a period of sixty days after the payment is due, the political
subdivision shall become delinquent and the amount of the delinquency
shall constitute a first lien on the funds of the political subdivision,
and the board is authorized to compel payment by application for a writ
of mandamus; and, in addition, such delinquency shall be certified by the
board to the state treasurer and director of the department of revenue.
Until such delinquency, together with regular interest, is satisfied, the
state treasurer and director of the department of revenue shall withhold
all moneys due the political subdivision from the state. (L. 1967 p. 141
§ 28, A.L. 1988 H.B. 1098)

The state of Missouri shall not contribute directly or indirectly
to finance the system, except those amounts which the political
subdivision may receive from time to time under a law or laws providing
for a general apportionment of political subdivision moneys throughout
the state. (L. 1967 p. 141 § 29)

The board shall be the trustees of the funds of the system.
Subject to the provisions of any applicable federal or state laws, the
board shall have full power to invest and reinvest the moneys of the
system, and to hold, purchase, sell, assign, transfer or dispose of any
of the securities and investments in which such moneys shall have been
invested, as well as the proceeds of such investments and such moneys.
(L. 1967 p. 141 § 30, A.L. 1974 S.B. 419, A.L. 1984 H.B. 874, A.L. 1988
H.B. 1098)

Notwithstanding any other provision of law to the contrary, the
board of trustees may delegate to its duly appointed investment counselor
authority to act in place of the board in the investment and reinvestment
of all or part of the moneys of the system, and may also delegate to such
counselor the authority to act in place of the board in the holding,
purchasing, selling, assigning, transferring, or disposing of any or all
of the securities and investments in which such moneys shall have been
invested, as well as the proceeds of such investments and such moneys.
Such investment counselor shall be registered as an investment advisor
with the United States Securities and Exchange Commission. In exercising
or delegating its investment powers and authority, members of the board
shall exercise ordinary business care and prudence under the facts and
circumstances prevailing at the time of the action or decision. In so
doing, the board shall consider the long- and short-term needs of the
system in carrying out its purposes, the system's present and anticipated
financial requirements, the expected total return on the system's
investment, general economic conditions, income, growth, long-term net
appreciation, and probable safety of funds. No member of the board shall
be liable for any action taken or omitted with respect to the exercise of
or delegation of these powers and authority if such member shall have
discharged the duties of his or her position in good faith and with that
degree of diligence, care, and skill which prudent men and women would
ordinarily exercise under similar circumstances in a like position. (L.
1982 S.B. 462)

Notwithstanding any other provision of law to the contrary, the
board shall have full power to invest and reinvest the funds and moneys
of the system in improved real estate, including collective real estate
funds and real estate investment trusts, wherever situated; provided,
however, that not more than one-tenth of the funds and moneys of the
system at the time of such investment shall be so invested. (L. 1984 H.B.
874)

Except as to the rights of a member or retirant or beneficiary,
no trustee and no officer or employee of the board shall have any
interest direct or indirect in the gains or profits of any investment
made by the board; nor shall any of them directly or indirectly for
himself or as an agent in any manner use the assets of the system except
to make such current and necessary payments as are authorized by the
board; nor shall any of them become an endorser or surety or become in
any manner an obligor for moneys loaned by or borrowed from the board.
(L. 1967 p. 141 § 31)

The assets of the system are exempt from state, county, and
municipal taxes. (L. 1967 p. 141 § 32, A.L. 1992 H.B. 1440)

In any county of the first class having a charter form of
government and having a population of at least nine hundred thousand
inhabitants, each city, town, or village having a population of four
hundred or more shall operate and maintain a police department on a
twenty-four hour per day basis so that at least one police officer will
always be on duty and available to respond to any call for assistance.
The governing body of the city, town or village may contract with another
city, town, village or the county for twenty-four hour per day police
service. If the governing body of the county after notice to the city,
town or village and after public hearing thereon, find that the city,
town or village has not provided twenty-four hour per day police service
with at least one police officer always on duty as a police officer, it
shall direct the county to enter into a contract with the city, town or
village to provide such service for the city, town or village. (L. 1972
S.B. 388 § 1, A.L. 1991 S.B. 34)

1. As used in this section:

(1) "Governing body" means the board, body, council, or persons in which
the powers of a political subdivision as a body corporate, or otherwise,
are vested;

(2) "Political subdivision" means any agency or unit of this state
empowered by law to maintain a law enforcement agency.

2. The governing body of any political subdivision may by ordinance,
order or other ruling enter into a contract or agreement with any other
political subdivision, with the board of police established by section
84.020, RSMo, or with the board of police commissioners established by
section 84.350, RSMo, for the provision of police services by one
political subdivision to another on request. The scope of the agreement
may be general or specific, and may or may not provide for compensation
for such services. Officers providing police services in another
jurisdiction pursuant to such an agreement shall have the same powers of
arrest as officers of the requesting political subdivision, and shall
have the same immunity as if acting within their own jurisdiction. (L.
1985 H.B. 460 § 1, A.L. 1987 S.B. 372)

1. Any law enforcement officer as defined by section 556.061,
RSMo, full-time peace officer as defined by section 590.100, RSMo, of a
county or a full-time peace officer of any political subdivision who is
certified pursuant to chapter 590, RSMo, or a chief executive officer as
defined by section 590.100, RSMo, of a county or any political
subdivision, certified pursuant to chapter 590, RSMo, shall have the
authority to respond to an emergency situation outside the boundaries of
the political subdivision from which such peace officer's authority is
derived. This section does not apply to any peace officer certified
pursuant to subsection 6 of section 590.105, RSMo.

2. Before a peace officer shall have the authority to respond to an
emergency situation outside the boundaries of the political subdivision
from which the officer's authority is derived pursuant to subsection 1 of
this section, the authority shall be first authorized by ordinance,
order, or other ruling by the governing body of the political subdivision
from which the officer derives such officer's authority and by the
governing body of the political subdivision in which the emergency
situation is alleged to be occurring and by the board of police
established by section 84.020, RSMo, or by the board of police
commissioners established by section 84.350, RSMo, if the officer derives
his authority from either board or if the emergency situation is alleged
to be occurring within the jurisdiction of either board.

3. As used in this section, "emergency situation" means any situation in
which the law enforcement officer has a reasonable belief that a crime is
about to be committed, is being committed, or has been committed
involving injury or threat of injury to any person, property, or
governmental interest and such officer's response is reasonably necessary
to prevent or end such emergency situation or mitigate the likelihood of
injury involved in such emergency situation. The determination of the
existence of any emergency situation shall be in the discretion of the
officer making the response or in the discretion of an officer or
governmental officer of the political subdivision in which the emergency
situation is alleged to be occurring.

4. As used in this section, "response" shall mean to take any and all
action which the officer may lawfully take as if exercising his powers
within his own jurisdiction.

5. In addition to the emergency response powers prescribed in subsection
1 of this section, any peace officer of a county of the first
classification with a charter form of government, or any peace officer of
any political subdivision within any county of the first classification
with a charter form of government, or any peace officer of any city not
within a county, who has completed the basic peace training program
pursuant to chapter 590, RSMo, may arrest persons who violate any
provision of state law within the boundaries of any county of the first
classification or of any city not within a county.

6. In addition to the powers prescribed in subsections 1 and 5 of this
section, section 544.216, RSMo, and any other arrest powers, a law
enforcement officer or federal law enforcement officer as defined in
subsection 8 of this section, may arrest on view, and without a warrant,
at any place within this state, any person the officer sees asserting
physical force or using forcible compulsion for the purpose of causing or
creating a substantial risk of death or serious physical injury to any
person or any person the officer sees committing a dangerous felony as
defined in section 556.061, RSMo. Any such action shall be deemed to be
within the scope of the officer's employment.

7. To provide assistance to law enforcement officers, a federal law
enforcement officer shall have the same authority as a law enforcement
officer where:

(1) The federal law enforcement officer is rendering assistance at the
request of any law enforcement officer of this state; or

(2) The federal law enforcement officer is effecting an arrest or
providing assistance as part of a bona fide task force or joint
investigation in which law enforcement officers of this state are
participating.

8. A federal law enforcement officer is a person employed by the United
States government who is empowered to effect an arrest with or without a
warrant for violation of the United States Code and who is authorized to
carry a firearm in the performance of the person's official duties as a
federal law enforcement officer and includes a law enforcement officer as
defined in section 556.061, RSMo. (L. 1986 S.B. 450 § 19, A.L. 1987 S.B.
372, A.L. 1994 S.B. 475, A.L. 1997 H.B. 69 & 179 & H.B. 669)

CROSS REFERENCE: Arrest powers, peace officers and conservation agents,
RSMo 252.085

1. The governing body of any political subdivision and the board
of police established by section 84.020, RSMo, and the board of police
commissioners established by section 84.350, RSMo, may by ordinance,
order, or other ruling agree to cooperate with one another in the
formation of a major case squad for the purpose of intensive professional
investigation of a certain individual crime which may occur in their
general geographical area.

2. Expenses of a major case squad may be paid by the individual political
subdivisions and by the board of police established by section 84.020,
RSMo, or by the board of police commissioners established by section
84.350, RSMo.

3. The major case squad shall operate and be activated upon the request
of the county sheriff or police chief of the political subdivision where
the crime occurred.

4. Notwithstanding other provisions of law to the contrary, whenever any
peace officer is duly authorized as a member of a major case squad, he
shall have the power to arrest anywhere within this state. This power
shall only be exercised during the time the peace officer is an active
member of an active major case squad and only within the scope of the
investigation on which the squad is working.

5. Prior to the initiation of a major case squad investigation in a
political subdivision other than where the crime occurred, a member of
the major case squad shall notify the chief law enforcement officer of
the political subdivision in which the investigation is to be conducted,
or a designated agent thereof. (L. 1986 S.B. 450 § 20, A.L. 1987 S.B. 372)

1. In addition to the emergency aid powers prescribed for
municipal fire departments, fire protection associations and volunteer
fire protection associations under section 320.090, RSMo, any public
safety agency, including, but not limited to, any emergency medical
service, political subdivision police department, county sheriff's
department, political subdivision emergency management unit or department
formed pursuant to chapter 44, RSMo, political subdivision public works
department, or public or private contractors of any of such public safety
agency may provide assistance to any other public safety agency in the
state or in a bordering state at the time of a significant emergency such
as a fire, earthquake, flood, tornado, hazardous material incident or
other such disaster. The chief or highest ranking officer of the public
safety agency may render aid to any requesting agency as long as he is
acting in accordance with the policies and procedures set forth by the
governing body of that public safety agency.

2. When responding on emergency aid requests, a public safety agency and
any public or private contractors of any such public safety agency shall
be subject to all provisions of law as if it were providing service
within its own jurisdiction.

(L. 1992 H.B. 953 merged with S.B. 481)

Sections 70.840 to 70.858 shall be known and may be cited as the
"State and Local Government Convention, Sports Facility, Meeting and
Tourism Act of 1989". (L. 1989 S.B. 295 & 312 § 24)

There is hereby established a "State and Local Government
Convention, Sports Facility, Meeting and Tourism Program". This program
will assist in providing funding for qualifying projects by the state and
any of the following: A county or a city in which a qualifying project is
located, any county adjoining such county or city in which such project
is located, or any city or cities within such county in which a
qualifying project is located or within any county adjoining such county
or city in which such project is located. As used in sections 70.840 to
70.858, the term "participating counties and cities" means any county or
counties and city or cities, or any combination thereof, participating
with the state in a qualifying project as provided in section 70.851. (L.
1989 S.B. 295 & 312 § 25)

A qualifying project shall include convention centers, sports
stadiums, exhibition and trade facilities, transportation facilities,
cultural facilities, field houses, indoor and outdoor convention and
recreational facilities and centers, playing fields, parking facilities
and other suitable concessions, and all things incidental to or necessary
to a complex suitable for all types of convention, recreational,
transportation, cultural and meeting activities and for all types of
sports and recreation, either professional or amateur, commercial or
private, either upon, above or below the ground for which construction,
including expansion, is commenced after January 1, 1989, or in the case
of sports stadiums located within a county of the first class, for which
renovation or improvements are commenced after January 1, 1989, except
that no such stadium, complex or facility shall be used, in any fashion,
for the purpose of horse racing, dog racing or any other pari-mutuel
wagering. A qualifying project shall also include the costs associated
with the relocation of a National Hockey League Team from one facility to
another facility within the same standard metropolitan statistical area
and the adaptation of the new facility to the playing of professional
hockey. A qualifying project shall be owned by the state, a county, a
city, a political subdivision, a public authority or public entity or
otherwise as provided by law and shall be designed to attract
out-of-state attendees and users. (L. 1989 S.B. 295 & 312 § 26)

No such project shall be deemed a qualifying project for funding
unless a user, tenant, lessee or sublessee entitled to revenues or
receipts from the project shall secure for the project a letter of
credit, policy of insurance, guaranty or other suitable security, issued
by a creditworthy financial institution or surety, approved by the
director of the state department of economic development, which approval
shall not be unreasonably withheld, unconditionally guaranteeing payments
of any bonds or other indebtedness issued to fund construction of the
project. (L. 1989 S.B. 295 & 312 § 27)

1. The state and any participating counties and cities may
participate in a qualifying project pursuant to a contract, agreement,
lease or sublease with any county, city, political subdivision, public
authority or public entity or otherwise as provided by law owning or
operating the qualifying project for a term not to exceed the term of any
bond or other indebtedness issued to fund construction of the project or
for thirty-five years, whichever is less. Such contract, agreement, lease
or sublease shall provide that the state and any participating counties
and cities as applicable, shall pay rent or other fees or charges,
subject to annual appropriation, in an amount equal to the total
obligations of the owner or operator of the project in connection with
the financing and preservation thereof. The amount paid by each shall not
exceed its new net public fiscal benefit hereinafter defined in section
70.853. The proportionate share of such rent, fees or charges paid by the
state shall not exceed fifty percent of such obligations and the balance
of such obligations shall be divided equally between or among the
participating counties and cities; provided, however, that if a
participating county or city shall not pay all of its share because its
new net public fiscal benefit is less than its share of the payments, the
proportionate share paid by the state shall increase to not more than
sixty percent of such obligations to offset such difference. The
obligations of the owner or operator of the project in connection with
the preservation thereof to be used in the calculation of the rent, fees
or charges to be paid pursuant to such contract, agreement, lease or
sublease shall be those obligations set forth in the documents executed
in connection with and necessary to secure the financing of the project
and shall be limited in each fiscal year of the state to two percent of
the total project cost. Any such contract, agreement, lease or sublease
entered into with respect to a qualifying project shall contain for each
fiscal year of the project, a limit, expressed in dollars, on the amount
of rents, fees or charges payable by each of the state and any
participating county or city. It may further provide that the owner of
the project and the state and such participating counties and cities, or
any combination thereof, will mortgage, pledge, assign, convey or grant
security in any interest which they may have in such project. Any such
rent, fees or charges shall be paid in accordance with the procedure
established in section 70.856 and in any such contract, agreement, lease
or sublease.

2. In the event any rent, fees or charges provided for in a contract,
agreement, lease or sublease described in subsection 1 of this section
are insufficient to discharge the obligations of the owner or operator of
a qualifying project in connection with the financing and maintenance of
such project, the user, tenant or lessee that secured a letter of credit,
policy of insurance or guaranty securing payment of any bonds or other
indebtedness issued to fund construction of the project shall deposit
such shortfall with the owner or operator of the project at such time or
times as are necessary to discharge such obligations.

3. The state and any participating counties or cities that choose to
participate in any qualifying project shall enter into a contract,
agreement, lease or sublease for such purpose, which shall be executed by
the chief executive or administrative officer of the state and approved
by the board of public buildings, and shall be executed by the chief
executive or administrative officer of the county or city and approved by
the adoption of a resolution or ordinance by the governing body of each
county and city. (L. 1989 S.B. 295 & 312 § 28)

1. The new net public fiscal benefit arising from a qualifying
project shall be the net additional tax and other revenues accruing to
the state and the participating counties and cities, respectively, as a
direct or indirect result of the new economic activity generated by the
planning, construction, operation and use after January 1, 1989, of such
qualifying project and any expansion after January 1, 1989, of a related
facility owned or operated by any political subdivision, public agency,
public body or other public entity, or any combination thereof, which
facility shall be or is being operated jointly with the project. The
taxes and other revenues to be included in determining the new net public
fiscal benefit shall be net of any revenue caused to be lost or shifted
by the project and shall include, but not be limited to, taxes paid by
and other revenues derived from employees, independent contractors and
other persons and companies engaging or participating in or related to
the planning, engineering, construction, ownership, use, leasing and
operation of such projects and related facilities, sales taxes
attributable to construction of such projects and to ticket, concession
and other sales at, or related to, such projects and related facilities,
hotel, motel, restaurant and similar taxes as a result of attendance at
events at such projects and related facilities or otherwise, and revenue
from any indirect increase in economic activity and employment as a
result of the construction, ownership, use, leasing and operation of such
projects and related facilities.

2. The final determination of the new net public fiscal benefit for each
fiscal year of the state and each participating county and city shall be
made by the office of administration, with the assistance, if required,
of an independent consultant at the cost of the qualifying project, at
the close of each such fiscal year, and shall be based on the new net
public fiscal benefit accruing to each of the state and participating
counties and cities in such fiscal year of each of them. Such
determination shall be made for each of the state and participating
counties and cities at the close of the fiscal year in which the planning
of the project is commenced and at the close of each such fiscal year
thereafter as provided in any contract, agreement, lease or sublease
referred to in section 70.851. Any such determination of the new net
public fiscal benefit made in accordance with such contract, agreement,
lease or sublease and law shall be binding on the parties thereto.

3. The determination of such new net public fiscal benefit shall take
into account out-of-state resident use of the projects and related
facilities, out-of-state resident spending based on International
Association of Convention and Visitors Bureau standards, and direct and
indirect fiscal benefit calculated on the economic impact forecast system
part of the environmental technical information system of the United
States Army Corps of Engineers. Alternatively, this portion, or any other
portion of such new net public fiscal benefit, may be determined in
accordance with specific procedures and criteria established pursuant to
any contract, agreement, lease or sublease referred to in section 70.851
so long as such procedures and criteria take into account the factors
described in this section.

4. The state auditor shall conduct an annual audit of all accounts and
transactions of the authority pursuant to section 29.200, RSMo, and such
other special audits, including audits of participating cities and
counties, as he may deem necessary. The auditor and his agents conducting
an audit shall have access and authority to examine any and all records
of the authority and any participating city and county. All audit reports
shall be presented to the general assembly pursuant to section 181.100,
RSMo, and to the authority, participating cities and counties, the
governor, the commissioner, the state treasurer, and the attorney
general. (L. 1989 S.B. 295 & 312 § 29)

1. An amount equal to one-fourth of the rent, fees or other
charges payable by each of the state and any participating counties and
cities pursuant to any contract, agreement, lease or sublease referred to
in section 70.851, subject to the limits provided in such section, shall
be credited from the general revenue of each of the state and such
participating counties and cities no less frequently than quarterly
during each fiscal year to a fund established by each of them in the name
of such project.

2. For any contract, agreement, lease or sublease under the authority of
this act*, the department of revenue shall establish a separate trust
fund for each participating county and city and the department of revenue
shall, on a quarterly basis, credit to such funds from the share of the
regular and special sales taxes imposed by the participating counties and
cities and collected by the department of revenue on behalf of such
participating counties and cities, an amount equal to one-fourth of the
rent, fees or charges payable by such counties and cities.

3. The credits provided in this section shall commence at the time
provided in the contract, agreement, lease or sublease, and the amount of
such credit shall be established pursuant to such contract, agreement,
lease or sublease. Appropriate adjustments to such credits shall be made
annually at the time and in the manner provided in the contract,
agreement, lease or sublease based on the final calculation by the office
of administration of the new net public fiscal benefit in order to comply
with the provisions of section 70.851.

4. Any rents or other fees or charges under any contract, agreement,
lease or sublease referred to in section 70.851 pursuant to which the
state and any counties or cities are participating in a qualifying
project shall be subject to annual appropriation by the state or any
county or city and may be paid in such installments as provided therein.
Upon receipt by the department of revenue of evidence that any such
appropriation has been made by a participating county or city for which
the department of revenue holds a trust fund as described above, and if
the department of revenue is directed pursuant to the appropriation
ordinance to disburse amounts held in such funds for the payment of such
rents, fees, or charges, the department of revenue shall make such
disbursements, which may be in periodic installments, as directed in such
appropriation ordinance. Unappropriated balances of the adjusted amounts
remaining at the end of each fiscal year of the state and any
participating counties and cities in any fund established pursuant to
this section shall be credited to the general revenue of each of the
state and such participating counties and cities, as applicable.

5. The rent, fees or charges under any contract, agreement, lease or
sublease may be credited and paid from the proceeds of any new or
increased taxes that the state or any participating county or city may
now or hereafter enact pursuant to law. In the event any such new or
increased taxes are enacted by a participating county or city and used
for the payment of such rent, fees or charges, the proceeds of such taxes
shall be added to the new net public fiscal benefit, calculated pursuant
to section 70.853, received by the recipient of such proceeds, in the
amount necessary to enable such recipient to pay its rent, fees or
charges. In the event any new or increased taxes are enacted by the state
for economic development purposes, the proceeds of such taxes shall be
added to the new net public fiscal benefit, calculated pursuant to
section 70.853, received by the state, in the amount necessary to enable
the state to pay its rent, fees or charges. Any such new or increased
taxes shall not increase the maximum obligation of the state or any
participating county or city pursuant to this act* or pursuant to any
contract, agreement, lease or sublease.

6. Any such rents, fees or charges shall not constitute a debt, liability
or obligation of the state or any such county or city, or any other
political subdivision, within the meaning of any constitutional or
statutory provision, and shall not, directly, indirectly or contingently,
obligate the state or such county or city, or any other political
subdivision, to levy any form of taxation therefor or to make any
appropriation for their payment. (L. 1989 S.B. 295 & 312 § 30)

*"This act" (S.B. 295 & 312, 1989) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

Jurisdiction over any dispute regarding the interpretation of
sections 70.840 to 70.858 and the determinations required hereunder shall
lie in the circuit court of Cole County. (L. 1989 S.B. 295 & 312 § 31)

1. As used in this section, the following words and phrases shall
mean:

(1) "Concessions", all goods and services incidental to the operation of
a qualifying project including, but not limited to, parking, food,
beverage, liquor, souvenirs, ticket sales, sales of programs,
advertising, printing of promotions and security, provided to the
operator or lessee of the qualifying project pursuant to any contract or
subcontract;

(2) "Economically disadvantaged individuals", socially disadvantaged
residents of this state whose ability to compete in the free enterprise
system has been impaired due to diminished capital and credit
opportunities as compared to others in the same business area who are not
socially disadvantaged. In determining the degree of diminished credit
and capital opportunities consideration shall include, but not be limited
to, the assets and net worth of such economically disadvantaged
individuals;

(3) "Participating counties and cities", as defined by section 70.843,
provided such counties are first class charter counties and such cities
are cities not within a county;

(4) "Qualifying project", as defined by section 70.846;

(5) "Socially and economically disadvantaged small business concern", any
small business concern:

(a) Which is at least fifty-one percent owned by one or more socially and
economically disadvantaged individuals; or, in the case of any
corporation, at least fifty-one percent of the stock of which is owned by
one or more socially and economically disadvantaged individuals; and

(b) Whose management and daily business operations are predominantly
controlled by one or more of such individuals;

(6) "Socially disadvantaged individuals", residents of this state who
have been subjected to racial or ethnic prejudice or cultural bias
because of their identity as a member of a group without regard to their
individual qualities.

2. The state and any participating counties and cities shall provide with
respect to each qualifying project:

(1) That at least ten percent of the total dollar value of the contract
or contracts for construction of the qualifying project, and structures
and improvements associated with operation of the qualifying project, or
rehabilitation or remodeling of any structures for use as or associated
with the use of the qualifying project, shall be set aside, awarded to
and procured from socially and economically disadvantaged small business
concerns; and

(2) That at least ten percent of the total dollar value of all contract
or contracts for concessions, shall be set aside, awarded to and procured
from socially and economically disadvantaged small business concerns.

3. The authority and any city, county, other political subdivision or
public agency obtaining funds pursuant to the provisions of sections
70.840 to 70.858 shall be subject to the provisions of sections 34.073
and 34.076, RSMo. (L. 1989 S.B. 295 & 312 § 32)

1. Two or more, not exceeding ten, contiguous counties may join
in performing any common function or service, including the purchase,
construction and maintenance of hospitals, almshouses, road machinery and
any other county property and may join in the common employment of any
county officer or employee common to each of the counties. The county
commissions shall administer the delegated powers and allocate the costs
among the counties.

2. County coroners of any number of contiguous counties may establish a
cooperative district and appoint a district coroner and deputy district
coroner for such district. District coroners and deputy district coroners
shall be county coroners selected by a majority vote of coroners of
counties within the district and certified as master death investigators
by a professional association of the county coroners of Missouri. The
district and deputy district coroners shall receive remuneration only for
necessary expenses incurred for providing assistance in the investigation
of a death at the request of a county coroner which shall be paid in the
manner provided under the provisions of section 58.570, RSMo. (L. 1945 p.
1395 § 1, A.L. 1994 H.B. 1486)

CROSS REFERENCES: Airports, counties and cities may jointly operate, RSMo
305.170, 305.180 Bridges, counties may unite in building, expenses shared
how, RSMo 234.070 to 234.090 Bridges, toll, counties may acquire, RSMo
234.210 Tuberculous residents, counties may contract for care of
indigent, RSMo 205.340

Whenever eight percent of the voters of each of any two or more
contiguous counties, not exceeding ten, shall sign a petition, and shall
file the same with their respective county commissions requesting the
submission of the question of permitting said counties to perform a
common function or service or employ a common officer or employee, it
shall be the duty of said county commissions to submit the question to
the voters of their respective counties at the next municipal election.
The total vote for governor at the last general election before the
filing of the petition whereat a governor was elected shall be used to
determine the number of voters necessary to sign the petition. (L. 1945
p. 1395 § 2, A.L. 1978 H.B. 971)

The question shall be submitted in substantially the following
form:

Shall ....... County join with ...... (name of other county or counties
in which a similar petition was filed) to ....... (proposed common
function, service, officer, or employee)? (L. 1945 p. 1395 § 4, A.L. 1978
H.B. 971)

Within ten days after such election, the county clerk of each of
such counties shall send a correct and duly certified abstract of the
votes polled at such election to the secretary of state. If a majority of
the voters voting on the question vote for the question in each of the
counties taken separately it shall be deemed to have been adopted, but if
it shall fail to receive a majority in any one or more of the counties,
it shall be deemed to have failed. The secretary of state shall canvass
the certified abstracts and notify the presiding commissioner of each of
the county commissions of the results. (L. 1945 p. 1395 § 5, A.L. 1978
H.B. 971)

Upon the receipt of a notice that the proposition has been
adopted as provided in section 70.050, the presiding commissioner of the
most populous county, as determined by the last federal decennial census,
shall call a meeting of the county commissions of all the counties voting
on the proposition, at such place and time as he may designate. Unless
otherwise provided by law, the respective county commissions sitting as a
body, with each county commissioner having one vote, shall proceed to
administer the function, service or common employment of the county
officer or employee and allocate the costs among the counties. Any county
that has voted to participate in a joint undertaking as provided in
sections 70.010 to 70.090 is hereby authorized to issue bonds, as
provided by law for the issuance of county bonds, for such purposes. (L.
1945 p. 1395 § 6)

1. Whenever eight percent of the voters of any county which shall
have voted to participate in a common undertaking as contemplated in
sections 70.010 to 70.090 shall sign and file a petition with the county
commission of said county requesting * the submission of the question of
withdrawing from said joint undertaking, it shall be the duty of said
county commission to submit the question to the voters of said county at
the next municipal election. The total vote for governor at the last
general election before the filing of the petition whereat a governor was
elected shall be used to determine the number of voters necessary to sign
the petition.

2. The question shall be submitted in substantially the following form:

Shall ....... County withdraw from joint participation with ....... (name
of other county or counties participating in ........... common function,
service, officer or employee)?

3. Within ten days after such election, the county clerk of such county
shall send a correct and duly certified abstract of the votes polled at
such election to the secretary of state. If a majority of the voters
voting on the proposition vote for the proposition, it shall be deemed to
have been adopted. The secretary of state shall notify the presiding
commissioner of each of the counties participating in the joint
undertaking of the results.

4. Upon the receipt of the notice that such a question to withdraw from
joint participation in the undertaking has been adopted in any one or
more of the participating counties, the presiding commissioner of the
most populous county in the group still participating, as determined by
the last federal decennial census, shall proceed as in the case of the
formation of a new group of counties as directed in section 70.060. (L.
1945 p. 1395 § 7, A.L. 1978 H.B. 971)

*Word "that" appears here in original rolls.

Any county withdrawing from joint participation by proceeding as
set forth in section 70.070 shall not be entitled to receive any sum, or
sums, of money nor shall it acquire any right, title and interest in and
to any property used or purchased jointly by such counties under such
plan and the remaining counties originally organized under such plan
shall carry on in the same manner as before, without the county
withdrawing therefrom; provided that in case the entire district shall be
dissolved, the property of the district shall be distributed among the
member counties on the basis of their contribution and the governing body
of the district, as provided in section 70.060, shall have authority to
liquidate the district and distribute the property among the counties.
(L. 1945 p. 1395 § 8)

When two or more counties may have joined together for the
purposes of sections 70.010 to 70.090, additional counties, until the
total shall have reached ten, may be admitted to participation by all
such counties, including those already participating and those desiring
to participate, proceeding as is provided for in sections 70.010 to
70.090 for the formation of a new agreement. If the proposition to admit
additional counties shall fail to receive a majority vote of those voting
thereon in any one of such counties, including those already
participating and those desiring to participate, the proposition shall be
deemed to have failed and the counties already participating before such
proposition was submitted shall carry on in the same manner as before.
(L. 1945 p. 1395 § 9)

That any municipality or political subdivision of this state may
enter into contracts with the United States of America, or with any
department or agency thereof, for the purpose of accepting gifts and for
the purchase, sale, exchange, lease, or transfer of any equipment,
supplies, materials, or other property for cash, credit, or other
property, with or without warranty, and upon such other terms and
conditions as the federal government, or the department or agency
thereof, deems proper, without regard to the provisions of law or any
municipal charter or ordinance which may require, among other things, the
following:

(1) Posting of notices or public advertising for bids or of expenditures;

(2) Inviting or receiving of competitive bids;

(3) The making of purchases from the lowest and best bidder;

(4) The delivery of purchases before payment. (L. 1945 p. 1268 § 1)

Any municipality or political subdivision of this state is hereby
authorized and empowered to obtain United States government property
under the provisions of the Surplus Property Act of 1944, (50 U.S.C.A.
App. {{ 1611 to 1646) and any amendments thereto, in the manner and
according to the rules, regulations and conditions required by such act,
or any amendments thereto, irrespective of any provisions otherwise
imposed by law or municipal charter or ordinance requiring certain
bidding and purchasing procedures. (L. 1945 p. 1268 § 2)

Any county or city in which the corps of engineers of the United
States army or any other department or agency of the government of the
United States is authorized by congress to construct works for
recreational purposes along any river or tributary thereof lying within
or adjacent to the city or county may, if in the opinion of the governing
body of the county or city the construction is for the public welfare:

(1) Enter into an undertaking in the name of the county or city to hold
the United States free from any damage to persons or property resulting
during construction or after completion thereof;

(2) Contract with the government of the United States in the name of the
county or city to maintain, keep in repair and operate the works, when
completed; and

(3) Furnish all necessary lands, rights-of-way and easements for
construction of the works. (L. 1965 p. 189 § 1)

The following definitions shall be applied to the terms used in
sections 70.120 to 70.200:

(1) "Agreement" shall mean "contract" and shall include renewals and
alterations of a contract;

(2) "Governing body" shall mean the board, body, or persons in which the
powers of a political subdivision as a body corporate, or otherwise, are
vested;

(3) "Political subdivision" shall mean any agency or unit of this state
which now is, or hereafter shall be, authorized to levy taxes or
empowered to cause taxes to be levied;

(4) "Project" shall mean any resettlement project or rural rehabilitation
project for resettlement purposes of the United States located within a
political subdivision, and shall include the persons inhabiting such
projects;

(5) "Services" shall mean such public and municipal functions as are
performed for property in, and for persons residing within, a political
subdivision. (L. 1941 p. 490 § 1)

The county commission of any county in this state is hereby
authorized and empowered:

(1) To make requests of the United States, for and on behalf of the
county and political subdivisions whose jurisdictional limits are within
or coextensive with the limits of the county, for the payment of such
sums in lieu of taxes as the United States may agree to pay; and

(2) To enter into agreements with the United States, in the name of the
county, for the performance of services by the county and such political
subdivisions for the benefit of a project, and for the payment by the
United States to the county, in one or more installments, of sums in lieu
of taxes. (L. 1941 p. 490 § 2)

CROSS REFERENCE: Housing authority may borrow or accept grants from
federal government, RSMo 99.210

Each agreement entered into pursuant to section 70.130 shall
contain the names of the political subdivisions in whose behalf it is
consummated and a statement of the proportionate share of the payment by
the United States to which each political subdivision shall be entitled.
The county commission shall immediately notify each political subdivision
in whose behalf an agreement is entered into of the consummation thereof.
(L. 1941 p. 490 § 3)

The county commission shall file one copy of any agreement for a
payment of sums in lieu of taxes with the county treasurer. On or before
the date on which any payment of sums in lieu of taxes is due, the county
treasurer shall present a bill to the United States, in the name of the
county, in the amount of such payment. Whenever such payment is received,
the county treasurer shall issue a receipt therefor in the name of the
county. (L. 1941 p. 490 § 4)

Immediately after receiving a payment in lieu of taxes, the
county treasurer shall, without any deduction, apportion and pay it to
the several political subdivisions in accordance with the agreement under
which the payment was received, notwithstanding any other law controlling
the expenditure of county funds. The acceptance by the governing body of
a political subdivision of its share of a payment in lieu of taxes shall
be construed as an approval of the agreement under which the payment was
received. If any governing body shall refuse to accept a political
subdivision's share of a payment in lieu of taxes, the county treasurer
shall refund the same, without any deduction, to the United States. (L.
1941 p. 490 § 5)

If the United States declines to deal with a county commission
with respect to any political subdivision whose jurisdictional limits are
within or coextensive with the limits of the county, or in the event the
jurisdictional limits of a political subdivision lie within more than one
county, that political subdivision is authorized to make requests of the
United States for such payments in lieu of taxes as the United States may
agree to pay. Such political subdivision is hereby empowered to enter
into agreements with the United States for the performance by the
political subdivision of services for the benefit of a project and for
the payment by the United States to the political subdivision, in one or
more installments, of sums in lieu of taxes. (L. 1941 p. 490 § 6)

The amount of any payment of sums in lieu of taxes may be based
on the estimated cost to each political subdivision, for and on whose
behalf an agreement is entered into, of performing services for the
benefit of a project during the period of an agreement, after taking into
consideration the benefits to be derived by each political subdivision
from such project, but shall not be in excess of the taxes which would
result to each political subdivision for said period if the real property
of the project within each political subdivision were taxable. (L. 1941
p. 490 § 7)

All money received by a political subdivision pursuant to section
70.160 or 70.170 shall be deposited in such fund or funds as may be
designated in the agreement; provided, however, that if the agreement
does not make such designation, the money shall be deposited in such fund
or funds as the governing body of such political subdivision shall by
appropriate resolution direct. (L. 1941 p. 490 § 8)

No provision of sections 70.120 to 70.200 shall be construed to
relieve any political subdivision of this state, in the absence of an
agreement for payment of sums in lieu of taxes by the United States, as
provided in sections 70.120 to 70.200, of the duty of furnishing for the
benefit of a project all services which the political subdivision usually
furnishes to property in, and to persons residing within, the political
subdivision without a payment of sums in lieu of taxes. (L. 1941 p. 490 §
9)

As used in sections 70.210 to 70.320, the following terms mean:

(1) "Governing body", the board, body or persons in which the powers of a
municipality or political subdivision are vested;

(2) "Municipality", municipal corporations, political corporations, and
other public corporations and agencies authorized to exercise
governmental functions;

(3) "Political subdivision", counties, townships, cities, towns,
villages, school, county library, city library, city-county library,
road, drainage, sewer, levee and fire districts, soil and water
conservation districts, watershed subdistricts, county hospitals, and any
board of control of an art museum, and any other public subdivision or
public corporation having the power to tax. (L. 1945 p. 1289 § 7403a,
A.L. 1947 V. I p. 401, A.L. 1955 p. 302, A.L. 1961 p. 187, A.L. 1963 p.
123, A.L. 1967 p. 141, A.L. 1989 H.B. 487 merged with S.B. 98)

Effective 7-14-89

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